ILLINOIS POLLUTION CONTROL BOARD
    January 26,
    1987
    IN THE MATTER OF:
    PUBLIC AIRPORT NOISE
    )
    RES—87—1
    REGULATIONS,
    35 ILL.
    ADM. CODE
    )
    PART 304
    (Docket R77—4)
    )
    CONCURRING STATEMENT (by
    J. Anderson):
    While
    I agree with the resolution’s aims,
    I believe there
    are two aspects of
    the Board’s
    regulatory efforts that deserve
    further emphasis and explanation.
    First,
    the “adjusted standards” component of the proposed
    regulations represent an approach fundamentally different from
    those on which
    the courts have been focused
    in prior cases and
    the pending Bryski case.
    The adjusted
    standards process allows
    the FAA to assert
    its primacy,
    but requires this assertion
    to be
    made
    in a structured justification setting.
    That the FAA has veto power begs the questions
    as to when
    it
    should speak
    up.
    Under
    the adjusted standard procedure,
    the
    noise
    impacts are defined, and the airport proprietor’s proposal
    is articulated.
    It should be noted that the proprietor’s
    constraints flow not only from the FAA, but also from other
    jurisdictions, such as municipalities, which can effectively
    “veto” efforts of the proprietor
    to abate
    the noise problem.
    Under
    the proposal, these issues would be aired
    at hearing,
    as
    they should be,
    prior
    to Board deliberation.
    I see no reason why
    this process should conflict per
    se with the FAA’s jurisdiction;
    indeed,
    it would accommodate
    it.
    And this Board, whose decisions
    are directly appealable
    to Appellate Court,
    is well accustomed
    to
    dealing with jurisdictional constraints and has made few missteps
    in this area.
    Second, the discussion surrounding
    these regulations has
    been almost solely focused on airports such as O’Hare and Midway,
    where encroachment has already taken place.
    What gets
    “lost
    in
    the shuffle”
    is that these regulations also are
    for those
    numerous airports where
    the encroachment problem has not taken
    place or
    is just barely starting.
    The overall regulations are
    structured
    so
    as to stimulate preventive measures by all
    jurisdictions so that noise problems can be avoided
    in the first
    place.
    75-175
    —2--
    For these reasons,
    I concur.
    ~
    ~
    /Joan
    G. Anderson
    I,
    Dorothy
    M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above ç~ncurringStatement was
    submitted on the
    c~7~-
    day of _________________________,
    1987.
    Dorothy
    M.
    G&inn,
    Clerk
    Illinois Pollution Control Board
    75-176

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