ILLINOIS POLLUTION CONTROL BOARD

December

19,

1991

IN THE MATTER OF:

)

DIESEL VEHICLE EXHAUST

)

R90-20

OPACITY LIMITS

)

(Rulemaking)

PROPOSED RULE

SECOND NOTICE

DISSENTING OPINION

(by R.C.

Fleinal):

I respectfully dissent from the action taken today by the

majority.

This matter has been vexing.

Good intentions and otherwise

viable concepts have repeatedly collided with the realities of

authority and resources.

The result

is a rule that bears little

resemblance to the rule upon which most of the record is focused.

Moreover,

there

now

has been raised reasonable question as to

whether what remains

is either sufficient or workable.

(PC.

131

through

135).

I believe that it is thereby unwise for the Board

to proceed to second notice,

and consequently to yield its

ability to consider further substantive modification of the rule.

Ronald C.

Flemal

Board Member

I,

Dorothy N.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above Dfssenting Opinion was

submitted on the

/7~

day of

/~~/

,

1991.

~

~

~-~orothy

M.,4~unn, Clerk

Illinois Pollution Control Board

128—367