ILLINOIS POLLUTION CONTROL BOARD

January

23,

1975

HART,

SCHAFFNER

& MARX,

)

Petitioner,

vs.

)

PCB 74—406

ENVIRONMENTAL PROTECTION AGENCY,

Respondent

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 Hart,

Schaffner

&

Marx 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.

Henss

Board Member

I,

Christan

L.

Moffett, Clerk of the Illinois Pollution Control

Board,

do hereby~certify

t

at the above Dissenting Opinion was

filed this ~

day of

__________,

1975.

15~323