ILLINOIS POLLUTION CONTROL BOARD

July 13, 1989

A.E.

STALEY MANUFACTURING

COMPANY,

Petitioner,

PCB 88—205

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

CONCURRING OPINION

(by J.D.

Dumelle):

I would have granted

the variance

for the full period from

January

1,

1989

to July

1,

1989.

This

full 6—months relief was

requested by this major Illinois industry and approved by the

Illinois Environmental Protection Agency.

The boiler replacement project began almost

4 full years ago

in November

1985.

It involves the newest fluidized—bed

technology and the highly efficient cogeneration process.

And

the expenditure

is $70,500,000.

The A.E. Staley Co. now stands exposed to Federal,

State,

or

citizen prosecution on admitted violations

for the period from

January

1,

1989 through April 28,

1989,

a total of

87 days.

At a

possible maximum penalty of $25,000 per day under the Clean Air

Act and with four boilers

out of compliance the total penalties

could come

to $8,700,000.

Illinois badly needs

to encourage

its vital industries

to

remain and

to modernize and to expand.

The truncated variance

period sends

a message

to all Illinois industry not

of

encouragement but of

a lack of concern for possible liability

to

prosecution.

~

~

Jacob

D.

Dumelle,

Board Member

/

1~~1--fY)

---

—2—

I,

Dorothy M.

Gunn, Clerk

of the Illinois Pollution Control

Board, hereby certify that the above Cone

ring Opinion was

submitted on the

_____________

day of

____________

~

Dorothy M.(yunn, Clerk

Illinois P~l1utionControl Board

in

1—711