ILLINOIS POLLUTION CONTROL BOARD
    April 14, 1977
    STEPAN CHEMICAL COMPANY,
    Petitioner,
    v.
    )
    PCB 76—161
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    DISSENTING OPINION
    (by Mr. Dumelle):
    My reason for dissenting
    in this matter is that
    I believe
    the Board may not grant variances where ambient air quality standards
    have not been attained by mid-1975
    (See International Harvester
    V.
    Environmental Protection Agency, PCB 75-271,
    September 15,
    1976,
    dissenting opinion).
    The carbon monoxide and particulate emissions here appear
    to be de
    rninirnus
    in their effect upon air quality.
    The non—parti-
    culate hydrocarbon emissions of 358 lbs/hr.
    are photochemically
    reactive materials which would enter into the creation of oxidants.
    Air quality standards have not been met for oxidant in the Chicago
    Metropolitan Area which
    is the location of this source.
    Thus,
    under Train v. NRDC,
    421 U.S.
    60
    (1975),
    a variance from Rules
    205(f)~nd 205(g) (1) (c) may not be granted.
    /
    cob D. Dumelle
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, ~reby
    certify the above Dissenting Opinion was submitted on
    the ______day of April,
    1977.
    q~ta~T.off
    et
    ,
    er
    Illinois Po1lutionL~i~trolBoard
    25
    —
    291

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