ILLINOIS POLLUTION CONTROL BOARD
    December 17, 1992
    IN THE MATTER OF:
    )
    TOXIC AIR CONTAMINANTS LIST,
    )
    R90-1(C)
    REPORTING REQUIREMENTS
    )
    (Rulemaking)
    (35 ILL.
    ADM.
    CODE 232)
    )
    ORDER OF THE BOARD (by J. C. Marlin):
    On November 5, 1992, the Illinois Environmental Regulatroy
    Group filed a motion to continue hearing in this matter. On
    November 6, 1992, the Illinois Environmental Protection Agency
    (Agency) filed a motion to continue hearing and other related
    motions. On November 12, 1992 the Illinois Steel Group (ISG)
    filed a response to the Agency’s motions. The motions for
    continuance were granted in a Hearing Officer order on November
    20, 1992. Today, the Board is taking action on the other related
    motions made by the Agency.
    In its motion, the Agency moves the Board to proceed to
    adopt a first notice opinion in this docket and to exclude new
    source reporting as a subject of hearing in this docket. (Mot.
    at 1.) The Agency urges the Board to do sobased upon the fact
    that, “the docket is ripe for consideration”. (Not. at 2.) In
    addition, the Agency states that new source reporting should not
    be an issue in this docket and that the language requiring new
    sourôe reporting should be returned to the rule without issue.
    (Mot. at 2.) The Agency argues that new source reporting should
    be excluded as a subject of hearing because none of the
    participants in Docket A objected to it. (Mot. at 2.)
    In its response, ISG states that it does not believe that
    the Board should go to first notice with the reporting
    requirements docket at this time. (Resp. at 1.) ISG argues that
    there is considerable uncertainty regarding reporting
    requirements and a possibility of a wide range of regulatory
    responses to the proposal. (Resp. at 1.) The ISG argues that in
    order to avoid issuing several first notice orders, the Board
    should hold at least one hearing to determine whether the
    negotiations between interested parties has or will develop into
    a consensus. (Resp. at 1.)
    The ISG also states in its response that it “strenuously”
    objects to the Agency’s motion to exclude new source reporting
    from discussion in Docket C. (Resp. at 2.) ISG argues that the
    Agency misstates the position of at least ISG when it states that
    no objections were made to reporting of new sources. (Resp. at
    2.) ISG points out that under the language in the original first
    notice, new sources were required to identify toxic air
    contaminants and potentially toxic air contaminants. (Resp. at
    2. See also, In The Matter of: Toxic Air Contaminants List,
    0138-0209
    2
    First Notice Order and Opinion of the Board (April 26, 1990), PCB
    R90-l.)In
    The MatterAt
    secondof:
    Toxicfirst Airnotice,Contaminantsthe
    languageList,wasSecondchanged.First
    (~,
    Notice Order and Opinion of the Board (September 26, 1991), PCB
    R90-l.) The second first notice language would require new
    sources to report the nature, source and quantity of toxic air
    contaminants (Resp. at 2). ISG argues that it is incorrect to
    state that parties did not object to the second first notice
    language since this was never part of any proposal’.
    The Board agrees with ISG that uncertainty regarding
    reporting requirements and a possibility of a wide range of
    regulatory responses to the proposal does exist. The Board is
    not persuaded to go to first notice on this proposal by the
    Agency’s argument that this docket is “ripe for consideration”.
    The Board believes that it is in the best interest of everyone
    involved to allow the interested parties time to negotiate and to
    address one another at hearing before moving to first notice on
    this proposal. Therefore, the Board denies the Agency’s motion
    to initiate first notice publication in the Illinois Register.
    In addition, the Board will not exclude new source reporting
    as a discussion topic at hearing. The Agency’s argument that no
    interested party objected to the new source ~reporting
    requirements mischaracterizes the facts. No hearing was ever
    held on the second first notice proposed language for new source
    •reporting requirements. Instead, reporting requirements were
    severed from docket A and moved to docket C for later action. As
    ISG points out, after
    the
    first, first notice language was
    changed, no opportunity for objection to the new language was
    ever presented. The Board believes that all interested parties
    deserve an opportunity to input their opinions on new source
    reporting in this proceeding. Therefore, the Board denies the
    Agency’s motion to exclude new source reporting as a subject of
    hearing in this docket.
    Finally, In its response, ISG moved the Board to reschedule
    the dates for pre-filing of testimony and the hearing. (Resp. at
    2.) In its motion, the Agency notified the Board of its
    intention to testify at any hearings which are setin this
    docket. (Mot. at 2.) The Hearing Officer and the Board will
    determine the timing and sequence of further actions in this
    docket upon receipt of the status report due to be filed on or
    before January 30, 1993, ~ursuant to the Hearing Officer order of
    November 20, 1992.
    1The Board notes that fifty-six days after the Board adopted
    its second first notice, reporting requirements were severed from
    the docket and placed into Docket C. Since Docket C was created,
    no hearing has been held on the language proposed in the second
    first notice order.
    0138-02 10
    3
    Again, the Board hereby denies the Agency’s motion to
    initiate first notice and to exclude new source reporting as a
    subject of hearing in R90-1(C).
    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
    /7t~
    day of
    /~t~I
    ,
    1992, by a vote of 1—6
    Dorothy N. nn, Clerk
    Illinois P 1 ution Control Board
    038-0211

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