ILLINOIS POLLUTION CONTROL BOARD

May 8, 1975

CPC INTERNATIONAL, INC., (Pekin

Plant),

Petitioner,

v.

)

PCB 75—176

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

INTERIM ORDER OF THE BOARD (By Mr. Zeitlin):

The Petition for extension of Variance in this matter was

filed April 25, 1975; it seeks an extension of a prior Variance

for Petitioner’s Pekin plant from the particulate standards

of this Board’s Air Pollution Regulations. The extension is

sought for one year, until November 30, 1976.

Under the recent decision of Train v. N.R.D.C., 43 U.S.L.W.

4467 (U.S., Apr.16, 1975), this Board cannot grant air

variances absent a showing that such a grant will not result

in a violation, either caused or contributed to by Petitioner’s

emissions, of the national primary ambient air quality

standards. See, King-Seeley Co., Thermos Div. v. EPA, PCB

75-159, (April 24, 1975). Although Petitioner states, (at

para. 16 of its Petition), that “granting of the variance

will not have an undue negative impact on the environment”,

that statement is insufficient to meet the requirements

imposed by the Train decision.

It should also be noted that Petitioner cites the Board’s

prior Opinion with respect to this Variance, PCB 74-23 (June

6, 1974)

Petitioner states that the Board’s discussion there of the

Pekin plant’s effect on the Primary ambient air quality standards

with respect to particulates remains valid. Conditions, Petitioner

states, have remained unchanged. The Board’s discussion in that

matter, unfortunately, indicated possible violation of the Primary

ambient air quality standards.

16—659

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—2—

For the above reasons, the instant Petition to extend

Variance is insufficient. Petitioner shall amend the Petition

herein within 45 days to provide the necessary showing as to

ambient air quality under the Train decision. Failure to

timely file the Amended Petition with the Board and the

Environmental Protection Agency shall render the Petition

herein subject to dismissal for inadequacy. The 90-day

decision period set by statute shall run from the date of

filing of the additional information required by this Order.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board hereby certify that t~eabove Interim Order of

the Board was adopteçl on the __________________day of fy ~

1975 by a vote of ~

to

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Christan L. Mof~ett~Clerk

Illinois Pollution Control Board

16—660