ILLINOIS POLLUTION CONTROL BOARD

May 24,

1990

JEFFERSON SMURFIT CORP.,

)

Petitioner,

PCB 90—101

v.

)

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

CONCURRING STATEMENT

(by J.D. Dumelle):

There are two concerns that have not been addressed here.

First, since this matter involves air emissions and the State

Implementation Plan

it may legally require a public hearing.

The

Board in air variances which are not provisional variances always

requires

a hearing.

Can the State statute establishing provisional

variances pre—empt the Federal requirement under

the Clean Air Act

for

a public hearing or opportunity for hearing?

Second, what would happen if

a sulfur dioxide violation or

violations were detected

in the vicinity of

this plant during the

provisional variance period?

Would the Metro East area then be

declared non—attainment for sulfur dioxide?

After all, the coal

sulfur limits on this industry were carefully set

to prevent such

violations.

For these reasons,

I concur.

I,

Dorothy M. Gunn, ClerkL~’f

the

Illinois Pollution Control

Board hereby certify that the above C~curringStatement was

submitted on the

~

day of

.,

1990.

~coou.

uumelle,

~oardMember

Ill

5

Control Board

11 1—433