ILLINOIS POLLUTION CONTROL BOARD
    July 24,
    1980
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Complainant,
    v
    )
    PCB 77—286
    BURLINGTON NORTHERN, INC.,
    a
    Delaware Corporation,
    )
    Respondent.
    ORDER OF THE BOARD
    (by I. Goodman):
    The Agency’s June
    2,
    1980 motion to file amended complaint
    which,
    it alleges,
    “merely restates the original complaint with the
    addition of further violation dates which occurred subsequent to
    the filing of the original complaint,”
    is denied.
    This amendment
    alleges violations subsequent to November of 1977 to and including
    June
    2,
    1980,
    a span of close to three years’
    time.
    The Agency states that promulgation of federal noise regulations
    “and their potential effect upon State property—line standards has
    delayed the hearing
    in this matter.”
    The Board
    finds that
    nonexistent,
    future federal regulations, even if made applicable
    to Illinois and to Respondent herein,
    is an inadequate reason
    either to delay proceeding with hearings on 1976-1977 violations
    of then—effective Rule 202 of the Board’s noise pollution control
    regulations and Section 24 of the Illinois Environmental Protection
    Act or to justify filing allegations of additional violations of
    the same rule and the same statute in the same manner as alleged
    in the prior complaint.
    Insofar as Respondent’s June 12,
    1980 motion to dismiss argues
    preemption of state regulations applicable to railroad equipment
    and railroad facilities
    (see 41 Fed.Reg. 2187;
    42 Fed.Reg. 42349;
    44 Fed.Reg.
    22960;
    and 45 Fed.Reg. 1258),
    the Board
    finds that no
    federal regulations existed either as of the filing of the original
    complaint or as of the date of this Order,
    which would preempt the
    Board from applying either Rule 202 or Section 24 in this enforce-
    ment proceeding.
    This finding
    is identical to the one made in the
    Board’s December 8,
    1977 Order in this matter.
    The Board orders that this proceeding,
    which has been inactive
    for a long time,
    progress expeditiously to conclusion.
    —2—
    The Hearing Officer is ordered to set a discovery schedule to
    end no later than October 31,
    1980 and to set and hold any and all
    hearings no later than December 15,
    1980.
    IT IS SO ORDERED.
    Mr.
    Dumelle dissents.
    I,
    Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    Boardfl hereby certify that the above Order was adopted on the
    _____
    day of
    ______________,
    1980 by a vote of
    4-I
    .
    Christan L.
    Moffe
    t,
    lerk
    Illinois Pollution
    trol Board
    dO

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