ILLINOIS POLLUTION CONTROL BOARD
    May
    9,
    1986
    DUPAGE PUBLICATIONS CO.,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 85-44,
    85-70
    )
    85—130
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    DISSENTING OPINION
    (by J.
    D. Dumelle):
    I dissent from the Majority’s Opinion because the relief
    requested by DuPage
    is more appropriately considered within the
    context of the Board’s regulatory or variance procedures rather
    than the permit appeal procedures.
    DuPage
    is arguing either for
    an amendment or an exception to the Board’s new source review
    (NSR)
    rules which would exempt DuPage’s six heatset web offset
    presses from the Board’s NSR permit process.
    The NSR rules constitute
    a preconstruction review program
    for any qualifying construction or major modification of a major
    stationary emission source in
    a non-attainment area.
    The NSR
    rules
    are intended to ensure that as-built or modified
    potentially large sources
    oE air pollutants do not contribute
    to
    a region’s air quality problems.
    Since DuPage’s facility lies
    within a non-attainment area for ozone, any construction or major
    modification which qualifies would be subject to the NSR permit
    process.
    The conditions imposed by the Agency’s
    in DuPage’s permit
    for press nos.
    1-5 were imposed so that the operation of these
    five presses would not trigger the NSR rules.
    However, the
    operation of press
    no.
    6 would trigger the NSR rules and because
    DuPage failed
    to address these rules
    in its permit application,
    the Agency denied
    a permit for press no.
    6.
    I support the Agency
    action.
    A plain reading of the applicable Board
    rules clearly
    supports the Agency’s position that the emissions from press no.
    6 require the application of the New Source Review rules.
    I
    see
    nothing ambiguous in those rules
    as applied to DuPage and see no
    reason,
    therefore,
    to look behind them to attempt to discern the
    intent of those rules.
    The majority has by interpretation
    blithely amended the Board’s NSR rules
    to exclude “DuPage-type”
    organic material emissions from regulation without the necessary
    procedural and substantive protections provided by the
    69-371
    —2-
    Environmental Protection Act and the Illinois Administrative
    Procedure Act.
    I believe that the plain reading should be
    followed.
    Board rules should be held to mean what they say or
    the affected public will
    be at
    a loss
    as to how it should comply
    with the rules.
    What types of emissions will
    be exempted next?
    What new interpretation of
    the plain meaning will arise in the
    next case?
    Perhaps the NSR rules should be changed; perhaps they do
    include too large
    a class of emissions.
    If so, let that change
    be made
    in
    a rulemaking,
    not through an interpretation that the
    rules don’t mean what they say in a proceeding
    in which the
    members of the affected public are left out.
    /7/~hairmanDumelle, P.E.
    I, Dorothy
    M. Gunn, CleWof
    the Illinois Pollution Control
    Board, hereby certify that the above Dissenting Opinion was filed
    on the
    ______________
    day of
    ____________
    1986.
    (II
    ,1
    Dorothy M.
    94.inn, Clerk
    Illinois Pollution Control Board
    69-372

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