ILLINOIS

POLLUTION CONTROL BOARD

January

9,

1975

MARATHON

OIL COMPANY,

Petitioner,

vs.

)

PCB

74~l47

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

DISSENTING OPINION

OF

MR. HENSS:

:~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 Marathon

Oil Company past the attainment deadline of June 30,

1975.

This

the Board cannot and should not do.

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.

Donald A.

He ss,

Board Member

I,

Christan

L.

Moffett,

Clerk

of

the

Illinois

Pollution

Control

Board, do hereby

certify

that

the

above

Dissenting

Opinion

was

filed this ~

of

1975.

15

—