ILLINOIS POLLUTION CONTROL BOARD

March 25, 1976

OTTAWA SILICA COMPANY,

Ottawa Division,

Petitioner,

v.

)

PCB 76-17

ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

ORDER OF THE BOARD (by Mr. Goodman):

This matter comes before the Pollution Control Board (Board)

upon the January 21, 1976, Petition of Ottawa Silica Company for

variance from Rule 203(g) (1) (B) of the Air Regulations for its

Ottawa, Illinois, plant. As the Illinois Supreme Court vacated Rule

203(g) (1) on January 20, 1976, in Commonwealth Edison Company v.

Pollution Control Board, Docket No. 43352, the instant petition is

inappropriate and is, hereby, dismissed without prejudice.

IT IS SO ORDERED.

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

Board, hereby certify the above Order was adopted on the__________

day of~1

,

1976 by a vote of

41-c

-.

Illinois

Pollution

Board