ILLINOIS POLLUTION CONTROL BOARD
    July 9, 1992
    REICHHOLD CHEMICALS, INC.,
    )
    Petitioner,
    PCB 92—98
    vs.
    )
    (Underground Storage
    )
    Tank Fund Reimbursement
    ILLINOIS ENVIRONMENTAL
    )
    Determination)
    PROTECTION AGENCY,
    )
    Respondent.
    DISSENTING OPINION (by B. Forcade):
    I respectfully dissent from today’s action by the majority
    as premature. In its May 26, 1992 denial letter, the Agency
    stated:
    This decision does not constitute the
    Agency’s final determination of eligibility.
    The Agency reserves the right to change this
    determination should additional information
    become available which would modify this
    decision. The final decision regarding
    eligibility and appropriate deductible
    amounts will be made as requests for
    reimbursement are reviewed by the Agency.
    The majority finds this an unacceptable attempt to reserve a
    right to “reconsider”, inconsistent with Reichhold Chemicals, Inc
    v. IPCB (1990), 204 Iii. App. 3d 674, 561 N.E.2d 1343.
    In Ideal Heating Company v. IEPA, PCB91-253, January 23,
    1992
    ,
    the Board interpreted the Act as providing for Board
    review of Agency UST determinations only after the Agency had
    completed its two—step review process and made a final
    determination as to the reimbursibility of costs. In my mind the
    above quoted language does little more than implement the Ideal
    decision.
    Without objection from the Petitioner as to this language,
    the Board has jumped on the Agency for attempting to secure an
    unauthorized right to change its mind based on new information.
    I certainly support the Agency’s ability to change its mind based
    on new information. (See Dissenting Opinions in Clinton County
    Oil Co.. Inc., Hoffman/Meier’s Shell and Clarence Meier v.
    Illinois Environmental Protection Agency, PCB 91-163 (March 24,
    1992), and Burwell Oil Service, Inc. v. Illinois Environmental
    Protection Agency, ‘~CB92-42 (July 9, 1992). But I do not
    believe that is wk~ has happened here.
    0135-0073
    2
    I would have tentatively set this matter for hearing, and
    asked the parties to brief whether there is in fact a conflict
    regarding the finality of this decision.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Controi
    Board hereby certify that the above Dissen~tingOpinion was
    submitted on the
    ____________
    day of
    ____________,
    1992.
    ~
    Dorothy N. 9~mnn,
    )~.
    Clerk
    ~
    Illinois Po’lution Control Board
    013500Th

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