ILLINOIS POLLUTION CONTROL BOARD

February 23, 1995

IN THE MATTER OF:

)

)

EMERGENCY RULE AMENDING

7.2 psi

)

R95-lO

REID VAPOR PRESSURE REQUIREMENT

)

(Rulemaking

-

Air)

IN THE METRO-EAST AREA,

)

35

ILL.

ADM.

CODE 219.585(a)

ADOPTED EMERGENCY RULE.

DISSENTING OPINION.

DISSENTING OPINION

(by J. Theodore Meyer):

I dissent from the Board’s adopting of the Emergency Rule

Amending 7.2 psi Reid vapor pressure requirement

in the metro—

east area

35 Iii. Adm. Code 219.585(a).

I believe R95-lO does not merit emergency status.

There

is

a danger created when classifying a rulemaking as an emergency

based on economic hardship.

The purpose of emergency rule

makings

is not to outset economic hardship to business,

but to

protect public interest, welfare, and safety.

Today’s rulemaking

does not meet the statutory requisites of an emergency

rulemaking.

For these reasons,

I dissent.

\

~

i~-’

~

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J. Thé4dore Mey~r

Board ~Iember

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

Board, hereby certify that the above dissenting opinion was filed

on the

~?7~

day of

________________,

1995.

Dorothy M.(JGunn,

Clerk

Illinois Pollution Control Board