ILLINOIS POLLUTION CONTROL BOARD

January

3, J975

WIRCO CASTINGS,

INC.

Petitioner,

vs.

)

PCB 74~266

ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

DISSENTING OPINION OF MR.

HENSS:

I dissent from the Opinion and Order.

The

Clean Air Act,

the

National Ambient Air Quality Standards and

the

Illinois

Implementation Plan together establish

a compliance deadline

which cannot be extended by

our

variance order.

Under the

Implementation Plan compliance with the National Ambient Air

Quality Standards must be achieved by

July

1975.

The Opinion

and Order adopted today by a majority of

the

Illinois Pollution

Control Board purport to extend the compliance date for Wirco

Castings,

Inc.

past

the attainment deadline of June 30,

1975,

This the Board cannot and

should

not

do.

There

is

the possibility

that

a procedure will be developed

for

coordinating the action of

State

and

Federal

agencies

in

their

efforts to establish valid attainment ~dates for individual

sources.

Until such procedure has been established and the

parties can prove that they are acting in accordance with

it,

the Board should refuse to extend attainment deadlines beyond

June 30,1975.

Donald A.

Henss

Board Member

I, Christan

L.

Moffett,

Clerk

of

the Illinois Pollution Control

Board, hereby certify that the above Dissenting Opinion was

filed this

i~day

of

,

1975.

15

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77