ILLINOIS POLLUTION CONTROL BOARD

April 8, 1993

JAMES RIVER PAPER COMPANY, INC.,

)

Petitioner,

v.

)

PCB 92—112

)

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by B. Forcade):

On March 26, 1993, the Illinois Environmental Protection

Agency (Agency) filed a Motion to Extend Time to File Agency

Record. The Board had previously granted an extension for the

filing of the record until April 15, 1993. The Agency requests

an additional 120 day extension. The decision deadline has been

waived until November 19, 1993. The Agency notes that it has

discussed the issues raised in the petition with the petitioner

and believes that the issues will be moot due to a pending rule

making related to 35 Ill. Adm. Code 218. The pending rule making

is R93-9, Omnibus Cleanup of the Volatile Organic Material RACT

Rules Applicable to Ozone Nonattainment Areas: Amendments to 35

Ill. Adm. Code Parts 203, 211, 218 and 219. This rule making was

filed by the Agency as a fast-track rule making pursuant to 28.5

of the Environmental Protection Act (415 ILCS 5/28.5 (1992~Ion

March 16, 1993.

Section 28.5 requires the Board to send this rule making to

second notice before August .3, 1993. At second notice the

proposal is subject to a 45 day review period and approval by the

Joint Committee on Administrative Rules (JCAR). The second

notice period may be extended, if requested by JCAR. Within 21

days of a letter of no objection from JCAR, the Board will adopt

a final order on the rule making. It is not unreasonable to

assume that final action in R93-9 may not occur until October 21,

1993.

The Board notes that given these time frames, final action

in the pending rule making will not occur before the date when

hearings must be scheduled and may not occur before the decision

deadline. The Board notes that it is the responsibility of the

petitioner to file an appropriate waiver. If petitioner wishes

to refrain from setting a hearing date in this matter until after

The Act was previously codified at Ill. Rev. Stat. 1991, ch.

111½, par. 1001

~.

~q. Section 28.5 was adopted by PA. 87—1213

which became effective on September 26, 1992.

U I L~

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the completion of the pending rule making, a waiver extending the

decision deadline to a date certain at least 120 days after the

anticipated final action of the pending rule is required. If an

additional waiver is not filed before July 23, 1993, this matter

must be set for hearing. Given the current decision deadline of

November 19, 1993, the hearing officer must set the date for the

hearing before August 1, 1993.

The motion is granted and the Agency record is now due on

August 23, 1993.

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

________

day of

___________________,

1993, by a vote of

Control Board

0 ‘~.1-0056