ILLINOIS

POLLUTION CONTROL BOARD

January 24, 1985

ANDERSON

CLAYTON

FOODS,

)

Petitioner,

PCB 84—147

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

)

Respondents

SUPPLEMENTAL

STATEMENT

(by

J.

D, Dumelle):

The instant

variance

is for a

new coal burning technique

that may well

save large

sums

of money for Illinois industry and

result in the

usage

of

greater amounts of Illinois coal.

A

five

year

variance,

similar to that granted by the Board

in

13 F

Goodrich

Co~

V0

IEPA,

PCB 82—88,

49 PCB 223

(October 27,

l98i~7

ould have been granted.

Retaining jurisdiction

in a

variance, as

suggested,

is highly

unusual and probably in violation

of the 90—day

statutory deadline.

A suggested

requirement that

a

petitioner file a site—specific

rule crosses

the line between a right to

do so and the duty to do

so.

And

0fi1ing~

by

itself

does

nothing.

If the site—specific

rule is not

supported by

competent

witnesses

and testimony then the

filing is

an empty gesture and

a

useless

condition.

The instant

r~-~t

requires

a “research—type” variance.

The Board has

grantsh other such variances

in the pa~t(ammonia

fj~omrefineries,

for suample) and could

well have given the full

five years in

this case without ~he

suggested r~e filing condition,

e

I,

Dorothy M.

Gunn,

Clerk of the

Illinois Pollution Control

Board, hereby

certify that the above Supplemental Statement was

submitted to

me on the

~

day of

______________,

1985.

~yM.Gu~

Illinois

Pollution Control Board

62427