ILLINOIS POLLUTION

CONTROL BOARD

August

15,

1996

IN MATTER OF:

)

)

PETITION OF COMMONWEALTH

)

AS

96-9

EDISON COMPANY

FOR AN

ADJUSTED

)

(Adjusted

Standard

-

Land)

STANDARD FROM

35

ILL.

ADM.

CODE

)

PARTS

811

and 814

)

CONCURRING

OPINION

(by M.

McFawn):

I agree with

the judgment of the majority

today

that Commonwealth Edison (Edison)

is

entitled to all

the relief requested

in

its

petition.

However,

I concur because I believe that

the

relief granted from the regulations

listed

in

Attachment A to

Edison’s petition should

have

been included within the terms of the adjusted standard,

and that

it is

inappropriate for the

Board

to

merely

state that those

requirements do

not apply.

The Board has in

past cases issued judgments finding

that

site-specific relief was not

warranted because a regulation by

its

terms was inapplicable

to

a particular facility.

However,

this

is not the situation

in

the present case.

By

their terms, the Attachment A regulations do

apply to

Edison’s

facility.

Therefore,

the more appropriate means of granting relief would

have been

to have specifically

included

an adjustment from the Attachment A regulations

within the terms of the adjusted standard.

For these reasons, I concur.

Marili McFawn

Board Member

I, Dorothy M. Gunn,

Clerk of the Illinois

Pollution Control Board,

hereby certify that

the

above concurring opinion was submitted on the /~t

day of

t2.~cm..e~4~—

,

1996.

~L~u

Dorothy M.

~nn,

Clerk

Illinois

Pollii3Yon Control Board