ILLItJOIS
    POLLUTION CONTROL BOARD
    May
    2~,
    1980
    IN
    THE
    MATTER
    OF:
    suLFw~
    DIOXIDE
    MID
    PAPTICULATES
    )
    R77—15
    AIR
    POLLUTION
    CONTROL
    REGULATIONS.
    ORDER
    OF
    THE
    BOARD
    (by
    I.
    Goodnan):
    Celotex
    Corporation’s
    May
    2,
    1980
    motion
    for
    discovery
    pursuant
    to
    the
    Nearing
    Officer’s
    Order
    of
    March
    26,
    1980
    is
    denied.
    1.
    The
    Board’s
    Procedural
    Rule
    313
    applies
    in
    enforcenent
    proceedings
    before
    the
    Board.
    It
    does
    not
    apply
    in
    regulatory
    proceedings.
    The
    Board’s
    regulatory
    proceedings
    are
    in
    the
    nature
    of
    legislative
    rather
    than
    adjudicative
    proceedings.
    (Procedural
    Rule
    201.)
    2.
    The
    Jlearinq
    Officer
    Order
    dated
    March
    26,
    1980
    qranted
    Celotex,
    wh ich
    is
    not
    a
    proponent
    of
    the
    regulations
    tinder
    Cons
    ~1eration
    I)ut
    rather
    an
    interested
    participant,
    “leave to conduct and complete any discovery desired and to
    have submitted to the hearing officer on or before June
    13,
    1980
    any
    responses
    which
    it
    feels
    will
    clarify
    its
    position
    with regard to data concerning its Peoria plant
    such
    responses to have weight equal
    to that of testimony at
    hearing if they are averred to.”
    3.
    The Hearing Officer was without authority
    to grant
    “discovery” to Celotex as that term is understood
    in true
    judicial proceedings.
    Not only is “discovery” not part of
    the process of
    law due either proponents
    or participants at
    the Board’s regulatory, quasi—legislative
    proceedings, hut
    it was granted exclusively to Celotex and not to any of the
    other proponents or participants.
    Procedural Rule
    207,
    addressing discovery
    in regulatory proceedings, refers to
    discovery initiated by the Board.
    There are no provisions
    for discovery initiated by either proponents or participants.
    The discovery Celotex desires would necessitate
    further State expenditures not only by the Illinois
    Pollution Control Board but by the Illinois Institute of
    Natural Resources where its contract seems
    to have been
    fully performed,
    for purposes of hearings before the Board,
    upon conclusion of the hearing
    of January 30,
    1980.
    As
    stated
    by
    the
    Hearing
    Officer,
    Celotex’
    request
    on
    February
    13,
    1980 for an additional hearing was not timely made.
    IT
    IS
    SO
    ORDERED.
    Mr.
    Werner abstains,
    I,
    Christari
    L.
    Moffett, Clerk of the Illinois Pollution
    Control
    Board,
    hereby
    certify
    that
    the
    above
    Order
    was
    adopted
    on
    the
    ~
    day
    of
    ~
    1980
    by
    a
    vote
    of
    ~(\,
    .
    (
    I
    /
    I
    Chrir;tan
    L. Moff~)
    Clerk
    Illinois
    Pollution
    Control
    floard

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