ILLINOIS POLLUTION CONTROL BOARD

September

4,

1987

IN THE MATTER OF:

AMENDMENTS TO 35

ILL. ADM.

CODE

)

R86-10

211

&

215 ORGANIC MATERIAL EMISSION

STANDARDS AND LIMITATIONS FOR

SYNTHESIZED PHARMACEUTICAL

MANUFACTURING PLANTS.

ORDER OF THE BOARD

(by

3.D.

Dumelle):

This matter

comes before

the Board upon an August

12,

1987,

motion

for interlocutory appeal

of Hearing Officer’s Order, filed

by the Illinois Environmental Protection Agency

(Agency).

Abbott

responded on August 20,

1987.

The Board addressed the issue of

Abbott’s role

at the August

25, hearing on August 20,

1987.

Today’s action addresses the issues remaining

in

the Agency’s

appeal and

in Abbott’s response.

First, Abbott argues that the appeal should be dismissed

because

the Agency has not followed “established Board precedent”

for seeking an interlocutory appeal

in that the Agency did not

first request that the Hearing Officer

grant

the appeal.

The

Board

finds that the Agency properly filed

its appeal pursuant to

35111.

Adm. Code 103.140(f).

Second,

the Agency requests that Abbott be prohibited

from

presenting data at hearing which

is inconsistent with the data

Abbott provided

to the Agency’s contractor,

Mr.

Ponder.

Abbott

objects

to such

a request.

Abbott states that if contrary

information

is uncovered

“it will provide

it

to the Agency

as

well as provide

it

in testimony.”

The Board notes

that the rules governing the admission of

evidence in regulatory proceedings are not as strict as the rules

applicable

to judicial proceedings.

The purpose

of

a hearing

is

to receive information

——

as much relevant information as

possible

——

to promote an

informed decision.

In furtherance

of

that end,

all material and relevant evidence will be admitted

into the record.

The Board

is not persuaded

that this practice

ought

to

be restricted

in this proceeding.

Therefore,

the

Agency’s motion

is denied.

Third,

the Agency requests that

a fourth hearing date be

set

by

the Board,

to be held

at the option

of the Agency.

The Agency

is concerned that

it may not have sufficient

time

to analyze the

information Abbott presents on September

22, and that

it may need

an additional hearing date

to respond.

Abbott made no

response

to

the issue of

a fourth hearing.

81—151

---

The Board orders that

the Hearing Officer

schedule

a fourth

hearing,

to be held no later

than October

30,

1987.

The Board

orders this hearing to allow the Agency an opportunity

to fully

respond

to evidence

to

be presented on September

22,

1987.

The

September 22 hearing will proceed as scheduled,

with Abbott’s

complete presentation and with Agency cross—examination

as time

and circumstances permit.

This fourth hearing will

be the final

hearing

in this proceeding.

Finally,

the Board

notes

its displeasure with the delay that

has plagued this proceeding.

The initial proposal was

filed in

February of 1986.

The deadline

for the promulgation of

regulations

(December

31,

1987)

is rapidly approaching and

in all

probability cannot now be met.

Although the Board understands

that yet another amended proposal will

be

forthcoming,

the

Hearing Officer and the participants must strictly adhere to the

schedule outlined above.

IT IS SO ORDERED.

I, Dorothy M.

Gunn,

Clerk

of the Illinois Pollution Control

Board, hereby certify

that th~e above Order was adopted

on

the

~

day of

~

,

1987 by

a vote

of

__________________

Dorothy M./Gunn, Clerk

Illinois Pollution Control

Board

81—152