ILLINOIS

POLLUTION CONTROL

BOARD

January

24, 198E;

AMERICAN CAN CORPORATION

v.

Respondent

DISSENTING OPINION (by

B~ Forcade)~

I respectfully dissent

from

the

majority

in granting

this

VOM

varianqe because the Order

fails

to impose

alternative limi~

tations to control VOM

emissioris~

The Board receives many

variance requests

for relief from

the limitations of 35

IlL Adm~ Code

2l~2O4,

which establishes

maximum pounds of VOM per

gallon of coating material

in coatings

operations for various manufacturin

processes~

These limitations

are

designed to reduce the

ozone problem in

Illinois.

Usually.

the Board establishes some alternative VOM per

gallon limitation

that

is achievable by petitioner and a

plan for

compliance. In

today’s Order no alternative

limitation

:is established.

No alternative limitation

was

set here because the

record

did not contain sufficient

informatio;i to

establish such a

limitation,

I would have dismissed

the Petition ~ :in~dequate~

Under today’s

precedent,

it wool nopear

that

VOM petitioners

who give the

Board little

or no info o~ticn on

their present

ability to control emissions

will rece:~ve ecre relief than

those

who make a full and candid

disc

OSP\

I, Dorothy

M.

Gunn,

Clerk

of thE~ Illinois Pollution

Control

Board, hereby certify that

the above Di~~entmnq

Opinion was

submitted to

me on the

~

da~of

~

1985,

~2-~

_____________

Donoto~ N~ Clonn, Clerk

~o~ution

Co~tro1