ILLINOIS POLLUTION CONTROL BOARD

July 27, 1989

ABBOTT LABORATORIES,

Petitioner,

v.

)

PCB 88—78

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

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

This matter comes before the Board upon a June 16, 1989

motion for extension of time for pre—hearing conference filed by

the Illinois Environmental Protection Agency (Agency). The

Agency requests that the Board grant the motion for a pre—hearing

conference call no less than 30 days from the date of the Board

order deciding the motion. In support of its motion, the Agency

states, among other things, that it intends to propose a revision

to the 35 Ill. Adm. Code 215.Subpart T pharmaceutical rules, but

that it is awaiting information regarding the concerns of the

United States Environmental Protection Agency (USEPA) before

submitting its proposal. Also, the Agency notes that it is

reviewing a large number of regulations pursuant to the

requirements for a post—1987 Ozone State Implementation Plan;

thus, it is not now in a position to state its time frame for

such proposal.

On June 28, 1989, Abbott Laboratories (Abbott) responded to

the Agency’s motion. Abbott does not object to the motion, but

offered certain comments with respect to it. Abbott notes that

it has been, and remains, ready, willing and able to meet with

the Agency to discuss any proposal the Agency may have. Further,

it notes that none of the delay has been attributable to

Abbott. Abbott is also concerned that the Agency has not filed a

recommendation in this matter, and that its motion fails to

specify a date by which such recommendation is to be filed.

The Board is aware of the circumstances involved in this

proceeding and in the rulemaking R88-14. Thus, the Board hereby

grants the Agencyts motion. The Hearing Officer is directed to

schedule a pre-hearing conference on or around October 1, 1989.

Should the parties require additional time, they are free to file

an appropriate motion with the Board.

IT IS SO ORDERED.

101—24 7

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—2—

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

Board, heçpby certify that -h

above Order was adopted on

the

~‘ftZ

day of

—z.

,

1989 by a vote

of

-

-

o

.

/

Dorothy M. Gu,nñ, Clerk