ILLINOIS POLLUTION CONTROL BOARD

June 28, 1977

CITY OF CHICAGO,

)

Petitioner,

v.

)

PCB 77—108

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

DISSENTING OPINION

(by Mr. Dumelle):

The relief petitioned here

is a variance from the Board

Order of September 30,

1976 in PCB 73-285, 286 and 457 which

required adherence to a stipulated compliance plan.

It is my

belief that air variances may not be granted after July 31,.1975

(See International Harvester v. EPA, PCB 75-271, September

15,

1976,

~issenting Opinion,

23

PCB 451) where Federal ambient air quality

standards are not being met.

The Agency’s recommendation shows that the nearest particulate

monitoring station

(4136

S. California Avenue), which is 1.8

miles west, was more than 10

over the Federal primary standard.

This station registered 83 ug/m3 of particu1~teduring 1976

compared to the national stan~ardof 75 ug/m

.

The national

secondary standard is

60

ug/rn

.

Thus, until the Federal Clean

Air Act is amended or until court decision hold otherwise,

it

is my feeling that this variance is not legally permissible

under these facts.

I, Christan L. Moffett, Cl

of the Illinois Pollution Control

Board, hereby certify the above Dissenting Opinion was submitted

on the

~9j,4

day of

Qj~j~

,

1977.

(‘-11~-t

~7~77~

,2k

Christan L. Moffett~Clerk

Illinois Pollution Control Board

26

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