ILLINOIS

POLLUTION

CONTROL

BOARD

January

3,

1975

COMMON~7EALTH

EDISON,

?eti

Lioner,

vs.

)

PCL

74-16

ENVIRONMENTAL

PROTECT

ION

AGENCY,

Res

P0

moe

n

t.

DISSENTING

OPINION

OF

MR.

HENSS:

I

dissent

from

the

Opinion

and

Order.

The

Clean

Air

Act,

the

National

Ambient

Air

Quality

Standards

and

the

Illinois

Implementation

Plan

together

establish

a

compliance

deadline

which

cannot

be

extended

by

our

variance

order.

Under

the

implementation Plan compliance with

the

National Ambient Air

Quality Standards must be achieved by

July

1975.

The

Opinion

and Order adopted today by

a majority of

the

Illinois Pollution

Control Board purport to extend

the

compliance date for

Commonwealth Edison past the attainment deadline of June

30,

1975.

This the Board cannot and should not Co.

There

is

the possibility that

a procedure will be developed

for coordinating the action of State and Federal agencies in

their

efforts

to

establish

valid

attainment

dates

for

individual

sources.

Until

such

procedure

has been established

and

the

parties can prove that they

are

acting

in

accordance

with

it,

the Board should refuse to extend attainment deadlines beyond

June

30,

1975.

/

/

/~

L

~

~

_____

L

-

Donard A.

Henss

Board Member

I, Christan L.

Moffett, Clerk of

the

Illinois Pollution Control Board,

do hereby certify that the above Dissenting Opinion was filed this

~~dav

of

____

,

1975.