ILLINOIS POLLUTION CONTROL BOARD

October 20, 1994

IN THE MATTER OF:

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R90—1(C)

TOXIC AIR CONTAMINANT LIST,

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(Rulemaking)

REPORTING REQUIREMENTS

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(35 ILL. ADM. CODE PART 232)

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ORDER OF THE BOARD (by N. McFawn):

The Board on June 23, 1994 ordered the participants to file

an additional status report with the Clerk of the Board and the

Hearing Officer on or before September 30, 1994 identifying the

progress of the negotiations in this matter; the Board also

extended the stay until October 6, 1994. On October 11, 1994 the

Illinois Environmental Protection Agency (Agency) and the

Illinois Regulatory Group (IREG) filed a joint status report and

a motion to file instanter. No other participant filed a status

report.

The status report states that the participants held two

meetings since June 23, 1994, concerning the reporting

requirements. As stated in the last status report, the Agency

expects to submit a revised draft of the proposal to the members

of the outreach group within the next several months. Also, the

status report requests an extension of the stay in this matter

until March 31, 1995. The Agency and IERG state that the time is

necessary in order for the outreach group to review the revised

proposal.

The Sierra Club, Illinois Chapter, and the American Lung

Association of Metropolitan Chicago (Association) filed a

response to the previous status report that stated that they

understand that the Agency is nearing completion of the proposal

and in light of this do not oppose an extension of the stay in

this matter. However, Sierra Club and the Association also

stated that agreement on some areas of concern may never be

reached and that they look forward to a full discussion of the

issues before the Board. Neither Sierra Club nor the

Association, as of the date of this order, has filed a response

to the joint status report and extension of the stay.

The Board understands the Agency’s and IERG’s position and

will grant an extension of the stay in this matter; however, the

Board will extend the continuance in this matter only until

January 12, 1995. The Agency and IERG are hereby directed to

file an additional status report with the Clerk of the Board and

the hearing officer, on or before December 23, 1994 identifying

the progress of the negotiations in this matter. The Hearing

Officer and the Board will determine the timing and sequence of

further action upon the receipt of the next status report.

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Questions on this proceeding should be directed to the

Hearing Officer, Charles Feinen, at 217/524—8500 in the

Springfield office of the Board located at 600 S. Second St.,

Suite 402, Springfield, Illinois 62704.

IT IS SO ORDERED.

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

Board, hereby 9ertify that the above order was adopted on the

.~-~2O~*day of

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,

1994, by a vote of

6~.

Dorothy N. Gui~, Clerk

Illinois Pollution Control Board