ILLINOIS POLLUTION CONTROL BOARD
    February 19,
    1976
    CATERPILLAR TRACTOR COMPANY,
    Petitioner,
    v
    )
    PCB 74—484
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    Mr. Richard J.
    Kissel,
    Martin, Craig, Chester
    & Sonnenschein, appeared
    on behalf of Petitioner.
    Mr. Michael Ginsburg appeared on behalf of Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Goodman):
    This matter comes before the Pollution Control Board
    (Board)
    upon the second amendment to petition for variance filed by Cater-
    pillar Tractor Company
    (Caterpillar) on January 13,
    1976.
    A hearing
    was held January 19,
    1976,
    in Peoria County.
    Caterpillar seeks
    variance from Rules
    103(b),
    104,
    204 and 203 of the Air Regulations
    and §9(b)
    of the Environmental Protection Act
    (Act)
    for its East
    Peoria and Mossville plants.
    Both of these plants are located in
    the Peoria MMA.
    Rule 103(b)
    relates to operating permits and Rule
    104 concerns compliance plans.
    As Caterpillart s petition states that the boilers
    at both plants
    are coal-fired,
    the Board assumes that Caterpillar is seeking
    variance from Rule 203(g) (1) and 204
    (1) (A)
    of the Air Regulations
    concerning particulate and S02 emissions, respectively.
    The Illinois
    Supreme Court in Commonwealth Edison Company
    v.
    The Pollution Control
    Board, Docket No.
    47352, affirmed the reversal of the adoption of
    those Rules.
    Therefore,
    the Board finds Caterpillar’s petition
    for variance from Rules
    103(b)
    ,
    104,
    203 and 204 to be moot.
    20—87
    —2—
    This Opinion constitutes the Board’s findings of fact and con-
    clusions of law in this matter.
    ORDER
    It is the Order of the Pollution Control Board that Caterpillar’s
    petition for variance from Rules 103(b),
    104,
    203 and 204 of Air
    Regulations and Section 9(b)
    of the Act be and is, hereby, dismissed.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board, here~’certify
    he
    ove Opinion and Order were
    adopted on the
    ~
    day of
    ,
    1976 by a vote
    of
    ~
    Illinois Pollution
    ntrol Board
    20—88

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