ILLINOIS POLLUTION CONTROL BOARD
    March
    2,
    1989
    IN THE MATTER OF:
    ABBOTT LABORATORIES
    )
    R88—14
    SITE—SPECIFIC
    )
    ORDER OF THE BOARD
    (by J.D.
    Dumelle):
    Section 27(a)
    of
    the Environmental Protection Act (“Act”)
    has recently been amended by P.A.85—1048
    to give the Board
    exclusive authority
    in deciding whether
    an EcIS should be
    performed for
    a rulemaking.
    Since that change became effective
    January
    1,
    1989,
    Resolution
    89—1 sets forth
    the procedure that
    the Board will utilize
    for rulemakings
    which were filed prior
    to
    1989 and for which an EcIS determination had not been made by the
    Department of Energy and Natural Resources (“DENR”).
    In part,
    the amendments to
    the Act provide:
    fThe
    Board
    shall determine whether an
    economic impact study should be conducted.
    The Board shall
    reach its decision based on
    its assessment of the potential economic
    impact of the rule,
    the potential
    for
    consideration of the economic
    impact absent
    such
    a study, the extent,
    if any,
    to which the
    Board
    is
    free under
    the statute authorizing
    the rule to modify the substance of the rule
    based upon the conclusions of such
    a study,
    and any other considerations the Board deems
    appropriate.
    The Board may,
    in addition,
    identify specific issues
    to be addressed in
    the study.
    Section 27(a)
    of the
    Act.
    (as amended by
    P.A. 85—1048)
    It
    is upon these criteria that the Board makes
    its initial
    EcIS
    determination in this matter.
    On May
    3,
    1988, Abbott Laboratories (Abbott)
    filed
    a
    proposal for site—specific exception
    to
    the Board’s
    Pharmaceutical
    rules.
    Subseguent
    to that filing, the Board was
    informed that the Illinois Environmental Protection Agency
    (Agency)
    intends to file
    a proposal
    for general amendments to the
    Pharmaceutical
    rules.
    Awaiting the Agency’s proposal, the Board
    has taken
    no action on Abbott’s proposal;
    in
    the interest of
    economy,
    the Board would prefer to consolidate the two
    proceedings and to conduct one rulemaking rather than two.
    However, as
    a proposal
    for general amendments has not as yet been
    97—33
    —2—
    filed,
    the Board believes
    it necessary to exercise its authority
    under
    Section
    27(a)
    of
    the
    Act,
    as
    amended,
    and
    to
    begin
    the
    determination
    process
    on
    Abbott’s
    proposal.
    Consistent
    with
    Section
    27(a)
    of
    the
    Act,
    within
    21
    days
    of
    the
    date
    of
    this
    Order
    any
    person
    may
    request
    the
    Board
    to
    determine
    whether
    or
    not an EcIS should be prepared.
    Thereafter the Board will
    consider
    any
    comments
    filed
    and
    will
    make
    an
    EcIS
    determination.
    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
    ~he~_&~t.’
    ,
    1989
    by
    a
    vote
    of
    Illinois
    Ut
    Control Board
    97—84

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