ILLINOIS POLLUTION CONTROL BOARD

December 5, 1974

REPUBLIC STEEL COMPANY,

Petitioner,

vs.

)

PCB 73—551

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 Republic

Steel 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.

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Donald A. Henss

Board Member

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

Board, do hereby certify that the above Dissenting Opinion was

filed this

S1~’~

day of

_________,

1975.