ILLINOIS POLLUTION CONTROL BOARD
    April
    22,
    1976
    ASARCO,
    INCORPORATED,
    Petitioner,
    v.
    )
    PCB 76-99
    ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by Mr. Goodman):
    On April
    13,
    1976,
    Petitioner Asarco,
    Inc.
    filed a Petition
    for Variance seeking variance from Rule
    303 of Chapter
    2 and “any
    other regulations which may pertain
    to sulfur dioxide emission
    standards
    in the Peoria major metropolitan area.”
    The sulfur
    dioxide regulation which would have been applicable
    in this case,
    Rule 204 (c) (1) (A), was reversed and remanded to the Board by the
    Illinois Supreme Court in Commonwealth Edison Company
    v.
    Pollution
    Control Board
    (January,
    1976).
    The Board on April
    8,
    1976, re-
    opened R7l-23 for the purpose of validating the remanded rules.
    this time, Petitioner~svariance request is
    inappropriate.
    The
    Petition for Variance is, therefore,
    dismissed without prejudice.
    I, Christan
    L, Moffett,
    Clerk of the Illinois Pollution
    Control Board,
    hereby cert~fythe above Order was adopted on the
    ~
    day of
    ,
    1976 by a vote of
    ~
    Christan
    L.
    Moffe
    ,
    lerk
    Illinois Pollution
    trol Board

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