ILLINOIS POLLUTION CONTROL BOARD

February

14, 1975

SAMUEL

BINGHAM

COMPANY,

Petitioner,

vs.

)

PCB 74—426

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 Samuel

Bingham Company past the attainment deadline of July 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 July 1975.

~I~U~4’

g~94LU~~~-

onald A. Henss

Board Member

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

Board, do hereby certify that th

ab ye Dissenting Opinion was

filed this

/tf~”

day of

________________,

1975.