ILLINOIS POLLUTION CONTROL BOARD

April

29,

1982

IN

THE MATTER OF:

)

R80—5

RACT

II

RULES

)

CHAPTER

2:

AIR

POLLUTION

ORDER OF THE BOARD

(by I~

Goodman):

On April

14, 1982,

the Illinois State Chamber of Commerce

filed a motion requesting an opportunity to present

oral argu-

ments before the Board prior

to the

adoption of the proposed

rule,

Due to the fact that this

is a regulatory proceeding,

“oral

argument,” a term which generally connotes the existence

of adversarial parties,

is an inappropriate format for the pre-

sentation of additional comment.

Oral comment on

a regulation

may properly be presented

in

a public hearing where

all

inter~~

ested persons have an opportunity to comment,

Therefore,

the

Board interprets this as

a motion for an additional hearin9

in this proceedings

This motion

is premature in that it is made in

reaction

to

preliminary discussions at the Board meeting,

The Board has not

yet proposed a rule for public comment, therefore, additional

arguments at this point would have to be based on speculation

as to the Board’s proposal.

Therefore,

the Board will deny the

motion at this time,

but gives the movant leave to re~-submit

an appropriate

motion during the First

Notice period.

IT

IS SO ORDERED,

I, Christan L~Moffett, Clerk of the Illinois Pollution

Control Bo~rd, hereby certify that the above Order was ad~pted

~

1982byavoteof~~

Illinois Poll

ntrol Board

46—249