ILLINOIS POLLUTION CONTROL BOARD
    July 11, 1991
    BIG RIVER ZINC CORP.,
    )
    )
    Petitioner,
    )
    PCB 91-61
    )
    (Variance)
    v.
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (J. Anderson):
    This matter comes before the Board on the Motion to Withdraw
    filed by Big River Zinc on June 28, 1991. Aside from requesting
    withdrawal of the petition for variance in this matter, Big River
    Zinc appears to request reconsideration of a portion of the
    Interim Opinion of the Board dated May 6, 1991 in light of its
    Supplemental Comments and Motion for Further Action filed June
    28, 1991 in the companion docket, R91—1l (docketed as Public
    Comment number 6).
    In our Interim Order of May 6, 1991, the Board stated as
    follows:
    Nothing in the opinion of the federal court in
    American Mining Congress v. EPA, 907 F.2d 1179 (D.D.C.
    1990),) purports to affect the effectiveness of the
    K066 hazardous waste listing.
    Interim Order of May 6, 1991 at 12.
    Big River Zinc’s Motion to Withdraw urges the Board to “at a
    minimum” strike this language irithis Order or in R91-11. The
    Agency, by its IEPA Comments filed July 8, 1991, states that it
    does not oppose the motion to withdraw. However, the Agency
    states that it does not support the position of Big River Zinc
    with regard to the effect of the federal court opinion.
    For the foregoing reasons, the Board hereby grants Big River
    Zinc’s Motion to Withdraw. The Board hereby dismisses this
    proceeding. The Board will defer to docket R91-11 the issues
    raised with regard to reconsideration of the challenged portion
    of our Interim Order of May 6, 1991.
    IT IS SO ORDERED.
    12 4—7 1
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Bo~~ do hereby certif hat the above Order was adopted on the
    //‘~4~
    day of ___________________________, 1990, by a vote of
    7c)
    Dorothy M4’Gunn, Clerk
    Illinois (~‘o1lution Control Board
    124—72

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