ILLINOIS POLLUTION CONTROL BOARD

April

7,

1988

MOTOR WHEEL CORPORATION,

)

Petitioner,

v.

)

PCB 88—61

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

CONCURRING OPINION

(by J.D.

Dumelle):

While

the date

for adherence with the

3.5 lbs.

of VOC per

gallon rule does not appear

in the Agency’s recommendation

I am

informed that that date was

in 1983.

If that date

is correct then it appears that Motor Wheel

Corporation recently went out of compliance by using the 4.04

lbs.

of VOC per gallon paint.

I do not feel that the intent of the provisional variance

statute was

to legalize

a self—imposed violation.

I agree that

the VOC emissions here are small

(about one lb. per day)

and

almost de minimus.

But one should not violate an old Board

rule

and

then use

a new contract delivery date

as the hardship to

receive relief.

That amounts

to bootstrapping.

The Agency recommendation

is fragmentary and does not give

needed particulars on the date of initiation and reasons

for the

new painting system.

Because of this sketchiness

I give Motor

Wheel Corporation the benefit-~of the doubt and concur.

(

~

//

~

\\)

(\

/

~

/

jacob

D.

Dumelle

/

Chairman

I,

Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the abov

Concurring Opinion was

submitted on the

~

day of

_____________________,

1988.

_~z

~

Dorothy

M.

G~inn, Clerk

Illinois Pollution Control

Board

88—73