ILLINOIS POLLUTION CONTROL
BOARD
December
3,
1987
IN THE MATTER OF:
AMENDMENTS TO 35
ILL. ADM. CODE
)
R86—1O
211
& 215 ORGANIC MATERIAL EMISSION
)
STANDARDS ~ND LIMITATIONS FOR
SYNTHESIZED PHARMACEUTICAL
)
MANUFACTURING PLANTS.
)
ORDER OF THE BOARD
(by J.D. Dumelle):
This matter
arises on the Board’s own motion
in regard to
the expiration of the comment period
in Board proceeding R86—
10:
Organic Material Emission Standards and Limitations
for
Pharmaceutical Manufacturing Plants.
The Board has been advised
by the Hearing Officer that the Illinois Environmental Protection
Agency (Agency) may include certain
revisions to its fifth
amended proposal
in its final
comments.
Abbott Laboratories, one
of
the participants, orally requested
the Hearing Officer
to
grant an extension of the comment period to allow Abbott
to
respond
to the Agency suggested revisions.
The Hearing Officer
orally denied Abbott’s request,
then upon reconsideration
referred the matter
to the Board.
Due
to the exigencies of time and
the potential impact of
new information submitted at the close of the comment period,
the
Board would prefer
to allow the participants an opportunity for
response limited
to tne effect of the new information on the
existing record.
The Board believes that this approach not only
protects the public’s right to comment but also promotes
a more
complete record,
which
is the foundation
for a well—considered
decision.
Therefore,
the Board will allow the participants
to
respond
to new information,
i.e. information not previously
submitted into the record,
for the limited purpose of responding
only to the new information.
With respect
to the facts presented
in this proceeding,
if
indeed
the Agency comments include revisions to its
fifth amended
proposal, then Abbott shall
be granted until December
11,
1987
to
file
a response
to those revisions.
Likewise,
if Abbott’s
comments include new information, then the Agency shall
be
granted until December
11, 1987,
to file
a response to that new
information.
The Board cautions, however, that only direct
response to new information will be accepted
for inclusion into
the record.
No new information outside the scope of this Order
will
be admitted into the record during
the “response period”
under any circumstance.
84—87
—2—
In furtherance of the above—noted directive, participants
shall include as part of the response an affidavit, signed by the
attorney of record
for the submitting participant,
that the
response
is made pursuant to new information and that only
responsive
information,
and no new information outside the scope
of this Order,
is being submitted.
Finally,
to insure adequate time for preparation of
response,
each participant shall submit
its response to the Board
and
to all other participants of
record via overnite mail.
IT IS SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that ~he above Order was adopted on
the
~‘~-~(
day of ,~-~_W.~-’
,
1987 by
a vote
of
-0
.
Dorothy M.1Gunn, Clerk
Illinois Pollution Control Board
84—88