ILLINOIS POLLUTION CONTROL BOARD

September 26, 1991

IN THE MATTER OF:

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R9O—~

TOXIC AIR CONTANINANTS LIST

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(Rulemaking)

(35 ILL. ADN. CODE 232)

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CONCURRING OPINION (by J.D. Dumelle and B. Forcade):

Our reasons for concurring lie in concerns about two topics.

One is the use of the scoring mechanism and the other is the

failure to provide for data collection for existing sources for as

long as five years into the future.

Any scoring system is by its nature arbitrary. The scoring

system uses animal studies. Yet some materials are carcinogenic

in humans but not in other animals and the reverse may also be

true. Furthermore the Severity of Effects Score seems strained.

The loss of the stomach or intestines is in Category II but the

loss of the eyes or ears (presumably blindness or deafness) is in

Category III which receives fewer points for the same degree of

impairment.

In addition, we would have supported earlier submission of

toxic emissions data. Once these regulations are final, those

materials which are toxic air contaminants will be identified.

Then, Sections 201.152 and 201.157 will require that all permit

applications contain,

“..

the nature, specific sources, and

quantities of uncontrolled and controlled air contaminant emissions

at the facility..

.“

for these toxic air contaminants, for new and

existing sources. As the majority concludes, the question under

federal and state law is not “if” existing sources will be required

to report, but “when”. We supported an amendment to the regulatory

proposal that would have required such reporting by existing

sources within one year from final regulatory adoption.

Section 9.5 of the Act was originally adopted in 1987 and

became effective in January 1988. Four years after that

legislative adoption the Board is first considering a program to

accumulate data, but only over a five year period. We believe a

more timely response to the legislative command was appropriate.

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Bil Fo’~?~e

Board Member

Jacob 0. Dumelle, P.E.

Board Member

126—385

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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board hereby certify that the abov,~, C~9~urring Opinion was

submitted on the

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day of

_________________,

1991.

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Dorothy N. 94nn, Clerk

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Illinois Pollution Control Board

126—386