ILLINOIS

POLLUTION

CONTROL BOARD

March

14,

1972

YOUTH FOR ENVIRONMENTAL SALVATION

v.

 71—254

CHICAGO, MILWAUKEE, ST.

 PAUL AND PACIFIC R.R.

Order of the Board on Motion for Continuance

 (by Mr.

 Currie):

This

is

 a citizen complaint for alleged violations of

the

regulations providing visible emission standards for diesel

locomotives.

 The railroad moves that we indefinitely continue

the case pending final Board action on

 a proposal by the rail-

road, docketed

 #R 72-~,that would repeal the regulation in

question.

 We have asked for the Agencys

 views on the question

whether or not to authorize hearings on

 the rule-making proposal,

but we view the two matters

 as distinct.

 We see no reason why

a complaint for the violation

 of an existing standard should

await the question

 of what the standard should be for the

 future.

If such were the practice, enforcement would grind to a halt

whenever

 a change

 in the

 law were suggested.

Cf.

EPA

 Bathe

Inc.,

 71—52

 (Sept.

16,

 1971).

 The motion for

 a cañtinuance

is

hereby denied.

 The hearing will proceed as expeditiously

 as is

consistent with Board appropriations

 or the parties’

 ability

to pay for the transcripts.

I, Christan Moffett, Clerk of the Pollution Control Board,

 certify

that the Board adopted the above Order on Motion

 for Continuance

this 14th day of March,

 1972 by

 a vote of 4-0.

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