ILLINOIS POLLUTION CONTROL BOARD
    February 17, 2005
     
    IN THE MATTER OF:
     
    PROPOSED AMENDMENTS TO:
    REGULATION OF PETROLEUM LEAKING
    UNDERGROUND STORAGE TANKS (35
    ILL. ADM. CODE 732
    ______________________________________
     
    )
    )
    )
    )
    )
    )
     
     
    R04-22
    (UST Rulemaking)
    IN THE MATTER OF:
     
    PROPOSED AMENDMENTS TO:
    REGULATION OF PETROLEUM LEAKING
    UNDERGROUND STORAGE TANKS (35
    ILL. ADM. CODE 734
    )
    )
    )
    )
    )
    )
     
     
    R04-23
    (UST Rulemaking)
    Consolidated
     
    CONCURRING OPINION (by T.E. Johnson):
     
    I respectfully concur with the majority opinion. I agree with the majority that the
    proposal is technically feasible and economically reasonable, and further agree that proceeding
    to first notice with the proposal is proper. However, I remain undecided on the specific issue of
    excluding handling charges for subcontractors where the primary contractor has a financial
    interest in the subcontractor.
     
    The majority finds that the record to date does not indicate that a primary contractor or
    consultant who has a financial interest in a business which subcontracts part of the work
    associated with remediation of a site incurs the same costs as a primary contractor without the
    financial interest. Accordingly, the majority proposes for first notice the Illinois Environmental
    Protection Agency’s language, which excludes handling charges for subcontractors where the
    primary contractor has a financial interest in the subcontractor. While the majority does invite
    comment on this issue, I wish to take this opportunity to underscore my concerns. It is my hope
    that this issue will be further briefed during the first-notice period, and that, with additional
    information in hand; the Board will be fully able to reconsider its position prior to deciding
    whether or not to adopt the rule for second notice.
     
     
    For these reasons, I respectfully concur.
     
     
    Thomas E. Johnson
    Board Member
     
     
     
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the above
    concurring opinion was submitted on February 17, 2005.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     
     
     

    Back to top