ILLINOIS POLLUTION CONTROL BOARD
October 21, 1993
IN THE MATTER OF:
)
R90—l(D)
TOXIC AIR CONTAMINANT LIST,
)
(Rulemaking)
STYRENE (35 ILL. ADN. CODE
)
232 APPENDIX A)
)
ORDER OF THE BOARD (by C.A. Manning):
On September 10, 1993, the Illinois Pollution Control Board
First Notice proposal (Notice) of R90-1(D) “Toxic Air Contaminants
List, Styrene”; 35 Ill. Adm. Code 232.Appendix A, was published in
the Illinois Register. (17 Ill. Reg. 14540 (September 10, 1993).)
This amendment is being filed pursuant to Sections 9.5 and 27 of
the Illinois Environmental Protection Act (Act). (415 ILCS 5/9.5
and 5/27 (1992).)
On September 23, 1993, the Styrene Information and Research
Center (SIRC) requested a hearing pursuant to Section 5-40 of the
Illinois Administrative Procedure Act (IAPA). (5 ILCS 100/5-40
(1992).) The Chemical Industry Council of Illinois (CICI) filed a
request for hearing in this matter on September 24, 1993 pursuant
to Section 5-40 of the IAPA. Section 5-40(5) of the IAPA states in
relevant part:
The agency shall hold a public hearing on the proposed
rulemaking during the first notice period if:
. ..
(ii) the
agency receives a request for a public hearing, within 14
days after the publication of the proposed rulemaking in
the Illinois Register, from 25 interested persons, an
association representing at least 100 interested
persons
Both the SIRC and CICI requests were received by the Board
within the 14 days as required. SIRC states in its request for a
hearing that it is an association that represents 100 interested
members. CICI also states in its request tha~tit is an association
that represents over 250 interested members. Under the IAPA if the
hearing requests meet the requirements, the Board must hold a
hearing. The requests filed in this matter meet the requirements;
therefore, the Board is granting the parties’ request for hearing.
On October 15, 1993, SIRC filed a motion for additional time
to file public comments pursuant to the Board’s First Notice
proposal. Publication of the Notice was on September 10, 1993. As
established in the Notice the public comment period is for forty-
five (45) days which ends October 25, 1993. SIRC requests an
additional two (2) weeks, until November 8, 1993, or alternatively,
until a date established by a hearing officer after any hearing
scheduled by the Board to file its public comments. As the Board
has granted the hearing request, it will also grant the requested
extension of the comment period until November 8, 1993. Pursuant
to 35 Ill. Adm. Code 102.320 another comment period will be
established at the end of the hearings.
The Board directs the Hearing Officer, Charles M. Feinen, to
take the necessary actions to expeditiously bring this matter to
hearing.
IT IS SO ORDERED
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the
-~-~
day of
_________________________,
1993, by a vote of
/
Control Board