ILLINOIS POLLUTION CONTROL BOARD
October 1,
1992
IN THE MATTER OF:
)
)
JOINT PETITION OF DETROIT
)
DIESEL CORPORATION
AND
THE
)
AS 92-4
MANUFACTURERS ASSOCIATION
)
(Adjwted Standard)
FOR
~ADJtJSTED ~STA1~DARD~FRON
35 ILL. ADM. 240.141
)
IN THE MATTER OF:
)
)
JOINT PETITION OF NAVISTAR
)
INTERNATIONAL TRANSPORTATION
)
AS 92-11
AND
THE MANUFACTURERS
)
(Adjusted Standard)
ASSOCIATION FOR ADJUSTED
)
STANDARD FROM
35
ILL. ADM.
)
CODE 240.141
)
IN THE MATTER OF:
)
)
JOINT PETITION OF CUMMINS
)
ENGINE COMPANY
AND
THE
)
AS 92-12
MANUFACTURERS ASSOCIATION
)
(Adjusted Standard)
FOR ADJUSTED STANDARD FROM
)
35 ILL.
ADM. CODE 240.141
)
ORDER OF THE BOARD
(by J.
Anderson):
On September 29,
1992, the Illinois Environmental Protection
Agency (Agency)
filed a motion requesting the Board to
1)
continue the October 14,
1992 hearing in this matter and 2)
separate this docket into three dockets for Detroit Diesel
Corporation and the Engine Manufacturers Association, Navistar
International Transportation Corporation and the Engine
Manufacturers Association, and Cummins Engine Company and the
Engine Manufacturers Association.
The Agency asserts that it has
discussed the motion with the petitioners and that the
petitioners concur in the Agency’s motion.
In support of its request to separate dockets, the Agency
states that the separation is necessary because each petitioner
has requested different a opacity standard and has taken a
different technical approach to support its petition.
The Agency
adds that it believes that a hearing may not be necessary for
each petitioner.
0136-0265
2
In support of its request for continuance, the Agency
states that it has been conferring with the petitioners in the
past few weeks and that it has suggested, and petitioners have
agreed, that the petitioners will submit additional information
to the Board to complete the record for this case.
The Agency
adds that,
because a hearing may not be necessary for each
petittorter~itbelieves
that
itwouid bebenetietal~tokeetWe~
hearing dates open until certain “relevant data from the
California Air Resources Board
(CARB) data (sic) has arrived and
all of the other technical data Is before the Board.”
The Board hereby grants the Agency’s request for continuance
of the October 14,
1992 hearing in this matter.
However, the
Board requests the Agency to explain what “relevant CARB data”
it
expects to receive, how the data is relevant to this proceeding,
when it expects to receive it.
The Board also wishes to know
when it can expect to receive all of the technical data.
The
Agency’s response should be received by the Board no later than
October
15,
1992.
The Board also grants the Agency’s request that this matter
be separated into three dockets.
Accordingly, Detroit Diesel
Corporation and the Engine Manufacturers Association shall remain
in the current docket
(i.e., AS 92-4).
All future filings in the
docket shall be captioned as follows: In the Matter of: Joint
Petition of Detroit Diesel Corporation and the Manufacturers
Association for Adjusted Standard from 35 Ill.
Adm.
Code 240.141.
The adjusted standard petition of Navistar International
Transportation Corporation and the Engine Manufacturers
Association shall be assigned to docket AS 92—il.
All future
filings in AS 92-11 shall be captioned as follows:
In the Matter
of: Joint Petition of Navistar International Transportation
Corporation and the Manufacturers Association for Adjusted
Standard from 35
Iii. Mm. Code 240.141.
The adjusted standard
petition of Cuminins Engine Company and the Engine Manufacturers
Association shall be assigned to docket AS 92-12.
All future
filings in AS 92-12
shall be captioned as follows:
In the Matter
of:
Joint Petition of Cummins Engine Comnany and the
Manufacturers Association for Adjusted Standard from 35 Ill. Mm.
Code 240.141.
Finally, the Board directs all of the petitioners to file
amended petitions and, if applicable, new attachments,
in each of
the three dockets and in accordance with
the
Board’s procedural
rules.
Because a filing fee has already been paid in AS 92-4,
however, the Board waives the filing fee for AS 92-li and AS 92-
12.
The amended petitions must be filed with the Board on or
before November 13,
1992,
or the dockets will be dismissed.
To
ensure that proper notification is given of the redocketing, the
Board directs all of the petitioners to publish notice of their
amended petitions in accordance with 35 Ill. Adm. Code 106.711,
and file their certificates of publication with the Board in
0136-0266
3
accordance with 35 Ill.
Adin.
Code 106.712.
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify t at the above order was adopted on the
________
dáy~óf~
—
I99~
ávotè~f
7-0.
Dorothy N.,~unn,Clerk
Illinois tllution Control Board
0136-0267