ILLINOIS POLLUTION CONTROL BOARD

October 29,

1992

IN THE MATTER OF:

)

CLEAN AIR ACT RULEMAXING

)

PROCEDURES PURSUANT TO

)

SECTION 28.5 OF THE

)

 RES 92-2

ENVIRONMENTAL PROTECTION

)

 (Resolution)

ACT, AS ADDED BY P.A.

 87-1213

)

DISSENTING OPINION

 (by R.

C.

 Flemal):

I respectively dissent from the adoption today of Resolution

RES 92—2.

I do support the answers provided for questions numbered

3

through 13.

 However,

 I disagree with the answers that the Board

provides for questions

 1 and 2.

It is proper that the Board consider the question of how it

would respond if

 it should find a proposal as submitted to not

comply with Section 28.5(e).

 However,

 I do not believe that it

is within either the letter or spirit of Section 28.5 for the

Board to reserve for itself the authority to refuse acceptance of

proposals submitted under Section 28.5.

Section 28.5 contains the legislature’s special procedures

for handling what it has deemed to be a special problem: the

fast-track promulgation of regulations under the Clean Air Act

Amendments

 (CAAA).

 These special procedures assign a role to the

Board that is different from the role normally encountered.

 Section 28.5 reasserts the Board’s role of promulgator of

environmental standards in Illinois.

 But it also limits the

freedom of the Board to employ its expertise in tailoring the

form and content of the

CAAA

regulations.

 I believe that

limitation is intended to extend to questions of compliance with

Section 28.5(e).

 Accordingly,

 I dissent.

Rohald C. Flemal,

 B ard Member

I, Dorothy M.

 Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby certif~_thatthe above,di~e~ntingopinion was

submitted on the

•~

 day of

__________________,

 1992.

~-t~

fr—~~_/

Dorothy N. ~4~mnn,Clerk

Illinois Pollution Control Board

0137-0121