ILLINOIS POLLUTION CONTROL BOARD

February 11, 1976

LINCOLN DEVELOPMENT CENTER,

)

Petitioner,

v.

)

PCB 75—430

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Young):

This matter comes before the Board upon the Amended Peti-

tion of Lincoln Development Center filed on January

2,

1976,

seeking a variance extension from Rule 203(g) (1) (B) of the Air

Regulations for two separate power plants utilized at its

facilities near the City of Lincoln.

An Agency Recommendation

was filed with the Board on December

24, 1975.

The Board must dismiss this Petition.

In the Illinois

Supreme Court Docket No.

47352 entitled Commonwealth Edison

Company v.

Pollution Control Board,

the judgment of the Appellate

Court in

25 Iii. App.

3d 271,

reversing the adoption of Rule

203(g) (1) was affirmed.

In consideration thereof the Board

finds

this Petition for a Variance Extension from that Rule to

be moot.

This Opinion constitutes

the Board’s findings of fact and

conclusions of law in this matter.

ORDER

It is the Order of the Board that Lincoln Development

Center’s Amended Petition for Variance from Rule 203(g) (1) (B)

of the Air Regulations be and

is hereby dismissed.

I, Christan L. Moffett,

Clerk of the Illinois Pollution

Control Board, herçby certify

th

a ove Opinion and Order were

adopted on the

Ir”

day of _________________________,

1976

by a vote of

a/-p

Christan L. Moffet~

lerk

Illinois Pollution

ntrol Board