ILLINOIS POLLUTION CONTROL BOARD

November 10, 1976

QUALITY READY MIX CONCRETE COMPANY,

)

Petitioner,

v.

)

PCB 76—224

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

DISSENTING OPINION (by Mr. Duinelle):

My reason for dissenting in this cause is the fact that air

quality in nearby Clinton, Iowa exceeds the Federal standard for

particulate matter. The Agency~s Recommendation give the annual

geometric mean as 82.5 ug/m3 compared to the standard of 75.

Thus in the absence of a showing that this source does not

contribute to this violation of air quality I feel that Train v

NRDC, 421 U.S. 60 (1975) governs. Also Section 116 of the Clean

Air Act prohibits the “adoption” of an emission standard or limi-

tation less stringent than in the approved Illinois implementation

plan.

(See

International Harvester v. Environmental Protection

Agency, Dissenting Opinion, PCB 75-271, Scptember 15, 1976).

Federal decisions and Federal law apply to the entire country.

And the fact that the receptor of Illinois emissions in this case

may be in Iowa does not mean that it should not receive protection

from poor air quality.

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265

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

Board, hereby certify the above Dissenting Opinion was submitted on

the

/~1\

day of

(

j~j

,

1976.

Christan L. Moff9A~ Clerk

Illinois Pollutiofr~Control Board

24

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