ILLINOIS POLLUTION CONTROL BOARD

February 27, 1975

DUNDEE CEMENT COMPANY,

Petitioner,

vs.

)

PCB 74—450

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent~

DISSENTING OPINIO1~OF

1~1R. BENSS:

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

Dundee Cement Company past the attainment deadline of July 31,

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

31,

1975.

onald A.Hen

s

Board Member

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

Board, do herebj certify that

he above Dissenting Opinion was

filed this

.3~

day of,~

,

1975.