ILLINOIS POLLUTION CONTROL BOARD

February 1, 1996

IBP, INC.,

)

Petitioner,

)

v .

)

PCB 93-179

(Permit Appeal-NPDES)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent .

)

Concurring Opinion (by J. Yi)

:

I respectfully concur with the majority's opinion and order in this matter . I am in

agreement with the majority in that IBP, Inc. (IBP) has demonstrated that the Illinois

Environmental Protection Agency (Agency) should have utilized a sulfate effluent data set

that included the data point of 1808 mg/I in preparing IBP's National Pollution Discharge

Elimination System permit . However, I believe the majority made several irrelevant

statements in the opinion concerning the Agency permit writing process . The issue before

the Board, as framed by the parties, was whether the data point of 1808 mg/I of sulfate

should have been utilized by the Agency. The majority opinion discusses matters which

were not at issue before the Board

.

For these reasons,

respectfully concur

.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify

that the above concurring opinion was filed on the

41t

day of , 1996 .

Dorothy M

.

unn, Clerk

Illinois Pollution Control Board