ILLINOIS POLLUTION CONTROL BOARD

June

10,

1982

BEKER INDUSTRIES CORPORATION,

Petitioner,

v.

)

PCB 80—224

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

CONCURRING OPINION

(by J. Anderson):

I concur with this order with reluctance.

Prior

to the Board’s April 29,

1982 Order granting variance,

neither Beker nor the Agency included in the record any information

that the defluorination facility was activated over two years ago,

or the basis for the Agency’s apparent approval of the startup.

This was hardly a minor omission.

The September 20,

1979 Variance Order

(PCB 79—9,

35 PCB 389)

addressed a particular production process.

There appears to be

an assumption that that variance could continue to be relied upon

with a new production process.

To start a new process without the

Board’s knowledge and before a Board determination of what changed

variance conditions are acceptable under the new process

is, at

the very least,

an unacceptable attempt to exercize clairvoyance.

I believe that the condition in the Board’s April 29,

1982

Order from which relief was requested was appropriate, given the

record before the Board.

Nevertheless, given the present fait

~çç~pli

noted in the supplemented record,

I believe that the

d~Iétionof the condition is the best action available.

However, I would emphasize that the Board is fully capable

of, and,

indeed, charged with the responsibility for granting in

a timely fashion whatever variances are appropriate to deal with

changes in operating circumstances.

‘~‘/JoanG.

Anderson, Board Member

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby~certifythat the above Concurring Opinion

was filed on the

J~’

day of ~

,

1982.

Christan

L. Mof~et~/,~’~rk

Illinois Pollution ~6fr~rolBoard

47-235