ILLINOIS POLLUTION CONTROL BOARD

December 14, 1978

ASARCO INCORPORATED

V.

Petitioner,

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

PCB 78—302

ORDER OF THE BOARD (by Mr. Dumelle):

On December 5, 1978 Petitioner requested a variance from

Rule 204(c) (1) (A) of the Board~sAir Pollution Control Regulations.

The Petition requests relief for five years or until the Board

takes final action in R77-l5; whichever occurs first. The Petition

fails to state how this request conforms with the mandate of

Section 113(d) of the Clean Air Act. That section prohibits the

states from granting variances beyond July 1, 1979; and a recent

amendment to Section 35 of the Environmental Protection Act states

that variances must be consistent with the Clean Air Act. Conse—

quantly this matter is hereby dismissed.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Bçard, hereby certify t e above Order was adopted on

the

J’I~

day of

________________,

1978 by a vote

of ~

Illinois Polluti

Board

32—29 3