ILLINOIS POLLUTION CONTROL BOARD

May 10, 1972

#72—194

ENVIRONMENTAL PROTECTION AGENCY

Opinion and Order of the Board (by Mr. Currie):

Marquette Cement has asked for a variation from the

Rules and Regulations regarding Air Pollution adopted April

13, 1972. The Board’s opinion supporting the Regulations

held, based on Marquette’s specific testimony, that Marquette’s

proposed control equipihent would be likely to meet the air

pollution Regulations (pp. 21, 22), and that a variance would

not be necessary. The petition does not allege any new facts

to the contrary; indeed it refers us to the very testimony on

which our decision was based. In the absence of more specific

allegations, Marquette is not entitled to the relief it seeks.

The petition fails to comply with the requirements of our

procedural rules and does not allege facts sufficient, if proved,

to justify a variance.

The petition for variance is hereby dismissed without

prejudice.

I, Christan Moffett, Clerk of the Pollution Control Board,

certify that the Board adopted the above Opinion and

Order this 10th day of May, 1972, by a vote of 5—0.

MARQUETTE CEMENT MANUFACTURING CO.

v.

4

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