ILLINOIS POLLUTION CONTROL BOARD

January 20, 1977

DEERE

& COMPANY,

Petitioner,

v.

)

PCB 76—275

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

STATEMENT ON ABSTENTION

(by Mr. Dumelle):

My reasons for abstaining

in this cause are detailed in

International Harvester

v.

Environmental Protection Agency,

PCB 75—271, September

15, 1976

(Dissenting Opinion).

The

U.S. Supreme Court case cited, Train v. NRDC,

421 U.S.

60

(1975),

may not allow state air variances after the attainment date

(July 1975)

for achieving ambient air quality standards.

The Board majority opinion and the dissenting opinion in

Harvester were referred by me on October

19,

1976

to the U.S.

Environmental Protection Agency Region V office for comment.

To date no reply has been received except a communication in

January of 1977

to state that my inquiry is still being processed

and that it has been referred to Washington.

Until that reply is received

I feel it

is best to abstain in

a related matter such as

this.

Submitted by:

_____

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

Board, hereby certify the above Statement of Abstention was submitted

on the

~

day of January,

1977.

~~‘~‘2d4~L

:

Christan

L. Moffett,~~Ierk

Illinois Pollution Control Board

24

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