ILLINOIS POLLUTION CONTROL BOARD

August

9,

1990

IN THE MATTER OF:

)

R89—13(A)

IDENR SPECIAL WASTE

)

(Rulemaking)

CATEGORIZATION

DISSENTING OPINION

(by J.D.

Dumelle and M. Nardulli):

In an earlier dissenting opinion in this same proceeding,

we

pointed out that the data base for determining the degree of

hazard was not adopted under

the requirements of the

Administrative Procedure Act

(i.e.

Notice and comment) and is not

set forth

in the rule.

(See Dissenting Opinion 89—13(A),

November

15,

1989.)

The details of our opinion need not be

repeated

in

full, yet

the main point remains

that those

industries subjected

to regulation should be afforded all the

information to which its regulators possess.

The value of any rule is shortchanged when those affected by

it are unable

to analyze its applicability unto themselves.

Because the data base in the instant proceeding is so

discretionary as

to its criteria,

it contains the potential

to

violate due process.

Accor

i

g

we dissent.

______

~

~2

acob D.

Dumelle,

P.E.

Michael

L. Nardulli

oard Member

Board Member

I,

Dorothy

M. Gunn,

Clerk of the Illinois Pollution Control

Board hereby certify that the above

Dis~enting

Opinion

was

submitted the

/7~

day

of

_________________

1990.

Do othy

M.

Gy~nn, Clerk

Illinois Pollution Control

Board

114—475