ILLINOIS POLLUTION CONTROL BOARD
    May 15, 2003
     
    IN THE MATTER OF:
     
    PROPOSED AMENDMENTS TO:
    PUBLIC PARTICIPATION RULES IN 35
    ILL. ADM. CODE 309 NPDES PERMITS
    AND PERMITTING PROCEDURES
     
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    R03-19
    (NPDES Rulemaking)
     
     
    DISSENTING OPINION (by T.E. Johnson):
     
    I respectfully dissent from the Board's order issued today in this matter. I believe the
    Board should have granted the motion for a third hearing prior to deciding whether or not to
    adopt the proposal for first notice under the Administrative Procedure Act (5 ILCS 5/100
    et seq
    .
    (2002)).
     
    Of primary concern are the proposed language changes offered by the Illinois
    Environmental Protection Agency (Agency) in a public comment filed on May 1, 2003. A third
    hearing is important to hear testimony and cross-examine Agency witnesses regarding proposed
    language changes offered by the Agency. Holding a third hearing prior to first notice would not
    unduly delay this proceeding, and would, in fact, allow the Board to make a more reasoned
    determination in any first-notice order.
     
    The stated purpose of the Board’s rulemaking hearings is to gather information and
    comments to guide the Board in its rulemaking process. 35 Ill. Adm. Code 102.100. The
    process customarily allows for full record development. As a result, the Board generally
    attempts to receive all admissible information in its rulemaking proceedings. No material
    prejudice would have resulted if the Board had granted the motion for a third hearing, and the
    Board would have the benefit of testimony and cross examination on the Agency’s proposed
    modifications. I find it ironic that the proponents of a proposal designed to expand public
    participation are so vigorously opposed to additional public participation in this instance.
     
    Although I am heartened by the majority’s decision to hold at least one additional hearing
    if the Board proceeds to first notice in this matter, I see no reason not to hold that hearing at this
    time.
     
    For these reasons, I respectfully dissent.
     
     
    Thomas E. Johnson
    Chairman
     
    2
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the above
    dissenting opinion was submitted on May 15, 2003.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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