ILLINOIS POLLUTION CONTROL BOARD
    January 8, 1987
    VAN LEER CONTAINERS, INC.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 85—227
    )
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    )
    Respondent.
    CONCURRING OPINION (by 3. Marlin):
    I
    am
    reluctantly supporting granting this variance. The
    Board has been extremely patient in allowing the container
    industry additional time to comply with the VOC standards. It is
    apparent that Van Leer has made substantial efforts to reach
    compliance without installing afterburners. These efforts have
    produced some results to date, but it is clear that the company
    has a way to go if it is to reach full compliance. The basis for
    the “natural oven incineration” credit is not particularly clear
    and should have been elaborated on extensively at hearing. I
    support the variance mainly to allow Van Leer a final chance to
    attain compliance using the methods they have developed over the
    past several years. It is unreasonable to force an alternate
    solution when the company seems confident of success and is
    making progress. If the program does not succeed, compliance
    must be obtained by alternate means by the end of 1987. Any
    claim of compliance which includes “natural oven incineration”
    must be better supported than it was in this record.
    The concerns regarding competiveness and fairness expressed
    by Van Leer’s competition are serious and raise important
    considerations. Illinois law, however, provides the variance
    mechanism for companies which need additional time to achieve
    compliance. It is apparent to me that in this situation, Van
    Leer has used the variance provisions in an appropriate manner.
    Hopefully, by the end of 1987 the container industry as a whole
    will be in compliance and all manufacturers will be on an equal
    footing regarding required VOC controls.
    Jo n C. Marlin,
    74-372
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Concurring Opinion was filed
    on the
    /..?~
    day of
    _______________,
    1987.
    Dorothy M./Gunn, Cleric
    Illinois Pollution Cor~trol Board
    74.373

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