ILLINOIS POLLUTION CONTROL BOARD

August

1,

1994

IN THE MATTER OF:

15

ROP

PLAN

CONTROL MEASURES

)

FOR VOM EMISSIONS

-

PART II:

)

MARINE VESSEL LOADING

)

R94-15

(AMENDMENTS TO 35

Ill.

Adm.

)

(Rulemaking)

Code Parts 211,

218,

arid 219)

)

ORDER OF THE BOARD

(by G.

T. Girard):

On July

28,

1994,

the Board received a motion to withdraw

the request for second hearing which has been scheduled for

August

9,

1994,

in Collinsville, Illinois.

The motion and

request for the second hearing were both filed by the Illinois

Environmental Regulatory Group

(IERG).

For the following

reasons, the Board denies the motion.

This rulemaking proceeding was filed pursuant to Section

28.5 of the Environmental Protection Act

(Act)

which contains

specific tixneframes for hearings,

Board action and closure of the

record in the proceeding.

Under Section 28.5 of the Act, the

record closes

14 days after the availability of the transcript

from the last hearing.

The transcript from the first hearing was

received on July

18,

1994.

Thus,

if there

is no second hearing,

the record would close today, August

1,

1994.

Since a hearing officer order setting this matter for a

second hearing was mailed to the 17 persons on the notice list

and because those persons would be adversely affected if the

expected hearing

is cancelled and the record closed today,

it is

not practical to cancel the second hearing at this late date.

Therefore,

the motion

is denied and this matter will proceed to a

second hearing.

IT IS SO ORDERED.

I,

Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certif~that the above order was adopted on the

/~W

day of

___________________,

1994,

by a vote of

~

‘-IDorothy M. ~nn,

Clerk

Illinois P~3I1utionControl Board