ILLINOIS POLLUTiON CONTROL
BOAcD
August
20,
1987
IN THE MATTER OF:
AMENDMENTS TO
35
ILL. ADM. CODE
)
R86-10
211 &
215 ORGANiC MATERIAL EMISSI~
STANDARDS AND LIMITATIONS FOR
SYNTHESIZED Pt~ARMACEUTlCAL
MANUFACTURING PLANTS.
ORDLR OF THE BOARD
(by
J..D.
Dumelle):
This matter
comes before the Board upon an August
12,
1987
motion
for interlocutory appeal
of
Hearing Officer’s Oroer,
filed
by the Illinois Environmental Protection Agency
(Agency).
The
Board recognizes
that the time
for response
to this motion
does
not expire until August
24,
1987.
However, due
to the nature of
this proceeding
anb
tne time
factors involved,
the Board deems
it
necessary and appropriate to grant
the motion,
in part,
at this
time.
Th~~oaro will,
in
this
Order aãdress the issue
of Abbott
Laboratories’ participation
at
the hearing scheduled for August
25,
1987.
Remaining
issues raised
in the appeal will
be
addressed subsequent
to the expiration of the response period.
The Agency’s interlocutory appeal requests the board
to
reverse a ruling made
in the Hearing Officer’s Order dated August
10,
1987.
The Hearing Officer
ruled that Abbott need not present
its position at
the hearing scheduled for August
25,
1987.
At
that hearing,
the Agency
is scheduled to present
its
second
amended proposal which was filed
on July
27,
1987, and Abbott
is
scheduled
to question
the Agency’s witnesses thereon.
The Agency
asserts that the Hearing Officer’s rationale for not requiring
Abbott
to present
its position
at that hearing
is that Abbott did
not receive
a certain technical report until 13 days
before the
hearing and
that that
is
insufficient time
to prepare
its
testimony.
The Agency further asserts that this rationale
ignores
tne tact
that Abbott has had
trie Agency’s proposal since
July 24, 1987 and that the data
included in that report was data
the Agency received from Abbott originally.
Tne Agency concludes
that Abbott has had the information
for
a sufficient length of
time to enable it
to present
its position at the August
25, 1987
hearing, and therefore requests that the Board reverse the
Hearing Officer’s Order.
The Board shares what
it believes
is the Agency’s underlying
concern:
that this rulemaking proceed swiftly
to its ultimate
conclusion because
of imminent deadlines.
However,
the Board
is
not persuaded that the Hearing Officer was incorrect
in ruling
that Abbott
should not be required
to proceed with
its
80—395
presentation at
tue August
25, 1987
hearing.
Tnererore,
the
Agency’s appeal on this
issue
is denied,
and the hearing will
proceed
as outlined
in
the Hearing Officer’s Order.
The Board’s
next Order
in this matter will discuss
any procedures
the Board
deems necessary
to expt~diteconclusion
of tnis rulemaking,
taking
into account
the progress made
at the August
25 hearing.
IT IS SC ORDERED.
Board Member Bill Forcade dissented.
I,
Dorothy
M. Gunn,
Clerk of
the Illinois Pollution Control
Board,
hereby certify
that t~eabove Order was adopted
on
the
______________
day of
~
,~,r
,
1987
by
a vote
of
~
-/
/
Dorothy H. G~nn,Clerk
I1linoi~Pollution Control Board
80—396