case, in our view, is that the Agency’s determinations are devoidof such underpinnings; indeed, the majority in its owndetermination on appeal has veered away from suchunderpinnings.
It specifically limits the Agency’s options to approval
or disapproval of the financial assures; in so doing, it stands~)6—12I —2—in stark contrast to the permit conditioning discretion conferredby Section 39(a) of the Act.
It does so despite its own
Opinion supporting the adopting of the temporary C...
Allowed
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PCB 88-139 02_02_89 Anderson _ Nardulli Dissent.pdf