ILLINOIS POLLUTION CONTROL BOARD

December 6, 1989

IN THE MATTER OF:

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R89—16

RACT DEFICIENCIES

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)

(Rulemaking)

AMENDMENTS TO 35 ILL.

ADM. CODE 201, 211 AND 215

ORDER OF THE BOARD (by J.D. Dumelle):

This matter comes before the Board upon the November 21,

1989, motion of the Illinois Environmental Regulatory Group

(IERG) requesting the attendance of the United State

Environmental Protection Agency (USEPA) at the hearings scheduled

in this proceeding. IERG requests that the Board either enter

into an agreement with USEPA to ensure its attendance and

participation at hearing or issue subpoenas to accomplish the

same result.

On November 21, 1989, the hearing officer issued an order

directing IERG (1) to serve USEPA with a copy of the motion, (2)

to name specific individuals to be subpoenaed, and (3) to specify

the dates of hearing for which the subpoenas are requested.

On November 29, 1989, IERG filed its amended motion

responding to the hearing officer’s order. On December 6, 1989,

the Board received a letter from USEPA stating that it intends to

attend the afternoon session of the December 14, 1989, hearing

and make witnesses available to answer questions from the Board

and the public. The Board appreciates USEPAts efforts along

these lines. The Board believes that USEPA’s letter satisfies

IERG’s request for an agreement that USEPA attend and participate

at the hearings. Thus, the Board need not address the portion of

the motion relating to subpoenas.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

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1989 by a vote

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Dorothy M.~fGunn, Clerk

Illinois Pollution Control Board

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