ILLINOIS POLLUTION CONTROL BOARD
    February 4, 1988
    IN THE MATTER OF:
    ORGANIC MATERIAL EMISSION
    )
    R86—18
    STANDARDS AND LIMITATIONS:
    ORGANIC EMISSION GENERIC
    RULE
    DISSENTING OPINION (by 3.D. Dumelle):
    The
    effect
    of the majority’s 4—3 passage of this rule may
    well be to cause the shut down of the Viskase Corporation plant
    in Bedford Park for a loss of 400—1000 jobs.
    The majority decision is wrong because it misunderstands the
    very purpose of this type of rule. This rule is a “RACT” rule.
    “RACT” is the acronym for “reasonably available control
    technology.” The very words “reasonably available” imply an
    economic test. Shutting down a plant is an “unreasonable”
    measure by any interpretation.
    A second reason the majority’s decision is wrong is that all
    Board rules, including RACT proposals, must also be “economically
    reasonable and technically feasible.” It is economically
    unreasonable to shut down the plant.
    This rulemaking was not designed to solve the ozone problem
    in the Chicago area. Indeed, if Viskase were to close, its 218
    tons per year of carbon disulfide emissions in a typical year
    would not begin to reach the approximate 100,000 tons per year
    reduction needed to meet the ozone standard in the Chicago area.
    The majority places great weight upon the availability of an
    adjusted RACT standard to Viskase. But if the adjusted standard
    is not granted or later disapproved by USEPA the plant will close
    anyway. The passage of this rule today by a 4—3 vote puts
    Viskase at the risk of prosecution by any citizen or by the
    Attorney General.
    Viskase, if closed, would have to eliminate at least 400
    jobs. If it also moves its research and development and
    administrative headquarters an additional 600 jobs would be lost
    to Illinois. Every job in manufacturing generates 0.65 other
    jobs in retailing and services. Thus the 1,000 jobs, if lost,
    become about 1,650 jobs in total that would disappear.
    This Board, absent a severe and proven public health
    situation, should not cause factories to close. And since the 4—
    86—283
    3 majority misunderstood the nature of this rulemaking their
    action was clearly wrong legally.
    For these reasons, I dissent.
    ~ (~
    7
    ~ J,Chairmancob D. Dumelle
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify
    that
    the abo~pe Dissenting Opinion was
    submitted on the
    ~
    day of
    ~zf
    ,
    1988.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
    36—284

    Back to top