ILLINOIS POLLUTION CONTROL BOARD

February 14,

1975

INTERCONTINENTAL ALLOYS CORPORATION,

Petitioner,

vs.

)

PCB 74—432

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

~chichcannot 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 Inter-

continental Alloys Corporation 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.

Donald A. Henss

Board Member

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

Board,

do hereby certify

th t

he above Dissenting Opinion was

filed this

iq~

day of

______________,

1975.

Q~b4?jIac

15