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.
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—
173