ILLINOIS POLLUTION CONTROL BOARD
    February 7, 1991
    SHELL OIL COMPANY,
    )
    Petitioner,
    )
    v.
    )
    PCB 91—24
    )
    (Provisional Variance)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    CONCURRING OPINION
    (
    by B. Forcade and J.Theodore Meyer):
    We agree with the action taken today in granting this
    provisional variance, but would have added language to the Order
    explaining the function we see the Board performing in these
    decisions. Since that language is not present in the Order, we
    concur.
    The Environmental Protection Act describes the provisional
    variance process at Section 35(b):
    The Board shall grant provisional variances,
    only upon notification from the Agency that
    compliance on a short term basis with any
    rule or regulation, requirement or order of
    the Board, or with any permit requirement
    would impose an arbitrary or unreasonable
    hardship.
    (Emphasis Added).
    Pursuant to this statutory language, the General Assembly has not
    empowered this Board to deliberate the environmental consequences
    of the provisional riance or review the merits of the Agency
    J~T~r~e~
    Board Member
    Board Member
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Concurring Opinion was filed
    on the
    /~-~
    day of _______________________, 1991.
    ~Dorothy
    ~4.Q’Gunn,~). Cerk//~
    Illinois Pollution Control Board
    118—295

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