ILLINOIS POLLUTION CONTROL BOARD

January 24,

1991

ELCO INDUSTRIES,

INC.,

)

Petitioner,

PCB 91—15

v.

)

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

CONCURRING OPINION

(by J.D. Dumelle):

The preface to Section 35 of the Environmental Protection Act

which applies to provisional variances

reads:

To the extent consistent with applicable

provisions of the Federal Water Pollution

Control Act as now or hereafter amended,

the

Federal Safe Drinking Water Act

(P.L. 93—523),

as now or hereafter amended, the Clean Air Act

as amended in 1977

(P.L. 95—95), and

regulations pursuant thereto and to the extent

consistent with applicable provisions of the

Federal Resource Conservation and Recovery Act

of

1976

(P.L.

94—580),

and regulations

pursuant thereto.

Nowhere in the letter from the Petitioner to IEPA or

in the IEPA

Recommendation to the Board is there any statement or assertion

that the instant petition meets

these threshold requirements.

In future filings

of all provisional variances,

IEPA should

provide that statement

or assertion that the relief requested is

consistent with the applicable Federal Statute.

~Z~7

fizz:,

J cob D. Dumelle,

P.E.

CDR-CEC-tJSNR

(Ret)

Board Member

118—19 1

---

IT IS SO ORDERED.

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certify that the above Concurring Opinion was

submitted on the

~

day of

__________________,

1991.

orothy M.

G,~inn, Clerk

Illinois Pol’lution Control Board

118—192