ILLINOIS POLLUTION CONTROL BOARD
    April
    4,
    1974
    REICHHOLD CHEMICALS,
    INC.,
    Petitioner,
    v.
    )
    PCB 73—539
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by Mr. Henss)
    Respondent Environmental Protection Agency has filed a
    Motion to Dismiss the petition for variance.
    The Agency
    states that Petitioner has failed to set forth in its
    Petition for Variance any plan or
    time table
    for bringing
    its facility into compliance with Rule 206(c)
    of the Air
    Pollution Control Regulations.
    Petitioner Reichhold
    Chemicals,
    Inc. replies that the scope of Rule 206(c)
    is
    one of the issues in the case and that Petitioner wishes to
    contend that said Rule
    is inapplicable
    to Petitioner or is
    invalid.
    We believe that Petitioner should have the oppor-
    tunity to present its proof on that issue and will therefore
    rule upon the motion to dismiss following the hearing.
    It is ordered that the motion to dismiss be taken with
    the case.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Order wa
    adopted this
    £1’~~~
    day of
    ,
    1974 by a vote of _____to ~
    Q~L4~4P
    12
    17

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