ILLINOIS POLLUTION CONTROL
    BOARD
    May
    26,
    1977
    IN
    THE MATTER
    OF:
    )
    R74—1O
    MOTOR
    VEHICLE
    NOISE
    REGULATIONS
    )
    DISSENTING
    OPINION
    (by
    Mr.
    Young):
    Although there is expressed authority for the Board to
    adopt sound emission limitations or operational noise standards
    delegated to the Board in Section 25 of the Environmental Pro-
    tection Act, there is no authority in that Section or elsewhere
    in the Act for the promulgation of equipment standards as the
    Board has enacted in Rules 301,
    302 and 313(b) of Chapter 8
    as a result of the proceedings on regulatory proposal R74-l0.
    When the first sentence of Section 25 is compared to Sections
    10(g), l3(a)(9) and 22(d),
    the language is virtually identical;
    when that language is contrasted with Section 10(d), it is readily
    apparent that the Board
    may
    not prescribe standards for any equip-
    ment
    under
    Section
    25
    except
    for
    equipment
    used
    for
    monitoring
    noise.
    The authority of the Board under Section 25 is restricted
    to establishment of limitations on noise emissions which unreasonably
    interfere with the enjoyment of life, or with any lawful business,
    or activity.
    Nowhere in the record of R74-10 is the authority of the Board
    to adopt regulations establishing equipment standards questioned
    nor
    is
    there
    any
    indication
    that
    the
    question
    of
    authority,
    was
    addressed
    at
    all.
    It is my ooinion that the General Assembly has established
    motor vehicle equipment standards in Chapter 95 1/2 of the Illinois
    Revised Statutes
    (Motor Vehicle Code), specifically by Section 12-602
    of the Illinois Vehicle Equipment Law in regard to mufflers and
    12-401 regarding tires.
    The Board is
    given
    no authority in Chapter
    95 1/2 to establish any rules, regulations or criteria for
    motor
    vehicle equipment;
    that authority is given to the Department of
    Transportation by the Motor Vehicle Code.
    1.
    See Currie, D.P., Pollution, Cases and Materials, West
    Publishing Company
    (1975),
    p. 123, 124.

    Since
    the
    General Assembly
    specifically delegated such
    authority
    to
    regulate
    motor
    vehicle
    equipment
    to
    others,
    Board
    authority
    nicy
    not
    be
    inferred
    by
    interpretation
    of
    any
    broad
    arant
    under
    tiie
    Environmental
    Protection
    Act
    even
    if
    such
    a
    broad
    orant
    existed
    Similarly,
    penalties
    for
    violations
    of
    the Motor Vehicle
    Code
    are
    established
    by
    that
    statute.
    The
    Board may
    not:
    ~uarc~e
    its
    jurisdiction
    by
    renacting
    a
    section
    of
    the Motor
    Vehicle
    Code
    as
    a
    Board
    regulation,
    a
    violation
    of
    which
    is
    subject
    to
    prosecution
    before
    the
    Board,
    unless
    there
    is
    specific
    statutory
    authority
    to
    do
    so
    and
    no such authority
    ~st
    Vi
    i
    ~uo
    ot
    Lonu ard v
    IlUonois
    Pollution Control
    Board,
    1l..
    Sup.
    Ct.
    Docket
    485(11
    (May,
    1977)
    Rule
    314 establishes operatlonal
    limitations
    upon
    horns
    and
    other warning devices over and
    above
    those
    set
    forth
    in
    Section
    l2—~Ol(a)aM
    (b)
    of
    the
    Illinois
    Vehicle
    Equipment
    Law
    and
    for
    the reasons set forth
    above,
    this
    rule
    is
    questionable.
    RuLe
    315 rould make illeqal
    the
    operation
    of
    a
    motor
    vehicle
    if done
    in such
    a manner
    to
    cause
    squealing,
    screeching
    or
    other
    noise
    from tires.
    Cheoter 11
    (Rules of the Road)
    of the Motor
    Vehicle
    Code
    overns
    the operation of motor vehicles on the high-
    ways of the State
    and
    in my opinion precludes Board regulation
    under Rule
    315.
    I do concur in
    the
    general
    proposition
    to
    impose
    sound
    emission:
    limitation provisions
    established
    by
    Rules
    310
    through
    313
    as
    they
    relat:e
    to
    operational
    standards
    and
    I
    believe
    the
    Board
    has full statutory authority
    to
    adopt such limitations.
    however, because of tee clear invalidity
    of
    Rules
    301,
    302
    and
    313(b)
    and the doubtful character of
    Rules
    314
    and
    315,
    I
    would
    not
    have adopted these
    regulations
    until
    those
    rules
    were
    stricken.
    ~Jnes
    L.
    Young
    1,
    Christen
    L.
    Moffett,
    Clerk
    of
    the Illinois Pollution Control
    Board,
    hereby
    cerbi:fv the above Dissenting Opinion was submitted
    to me on the
    ~
    day
    cf
    ~
    1977.
    ~4LL~
    Christan
    L.
    Moffe’~Clerk
    Illinois Pollution Control Board
    25
    678

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