ILLINOIS POLLUTION CONTROL BOARD
August 22,
1991
ABBOTT LABORATORIES,
)
)
Petitioner,
)
v.
)
PCB 88-78
(Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ROY M. HARSCH, APPEARED ON BEHALF OF THE PETITIONER;
and PENNI S.
LIVINGSTON APPEARED ON BEHALF OF THE RESPONDENT.
OPINION
AND
ORDER OF THE BOARD
(by J.D. Dumelle):
This
matter
is
before
the
Board
on
Abbott
Laboratories’
(“Abbott”)
petition for variance from Subpart T of
35
Iii.
Adm.
Code Section 215, filed on May 2,
1988.
Subsequent to this initial
petition, Abbott filed two amended petitions, the last of which was
submitted on June
5,
1991.
In the
interim,
Abbott waived
the
statutory time limit for Board decision pursuant to Section 38 of
the Environmental Protection Act (“Act”)
(Ill. Rev. Stat.
1989, ch.
111-1/2 par. 1038).
Hearing was held on June 19,
1990 in Waukegan,
Illinois.
BACKGROUND
The history
of this variance is inextricably linked to the
pharmaceutical rulemakings, R86—10 and R88-14; the latter Opinion
is hereby incorporated by reference.
When R86-lO
(Amendments to
35 Ill. Adm. Code 211 & 215 Organic Material Emission Standards and
Limitations
for Synthesized Pharmaceutical Manufacturing
Plants)
was adopted by the Board in 1988, Abbott filed for a variance from
certain
provisions
of
this
rule.
Shortly
thereafter,
Abbott
petitioned the Board for a site-specific rule (R88-14).
Thereafter,
the rulemaking took an unusual turn.
At first,
Abbott’s
proposal
was
contested
by
the
Illinois
Environmental
Protection Agency
(“Agency”).
After four amended petitions and
many
negotiations
later,
R88-14
•was
transformed
from
a
site—
specific rule to one of general applicability.
Moreover,, the final
version,
as
submitted
in
April
of
1990,
was
filed
as
a
joint
petition by the Agency and Abbott.
Many
of
the
difficulties
stemmed
from
the
inability
of
Illinois to obtain a federally approved State Implementation Plan
(SIP).
Because the manufacturing
of
pharmaceuticals
releases
volatile organic materials
(VOMs)
into the Illinois airshed and
thus contributes to the formation of ozone,
any relief requested
by Abbott must be approved federally as well as at the state level.
125—303
2
R88-l4 represents a negotiated agreement between Abbott, the USEPA
and the Agency for current rules as they pertain to pharmaceutical
manufacturers.
In R88-14 Abbott requested that the Board:
1)
amend Section
215.480(a) to specifically exempt those. sources detailed in Section
215.480(b);
2)
raise the amount of VOM emissions that would be
excluded from the 2.5 ton per year
(tpy) under Section 215.480(b)
to
a
level
that
would
represent
PACT;
3)
alter
Section
2.5.48l(~) (1)
to
allow
for
incineration
rather
than
surface
condensers
in
that
the
former
would
not
constitute
PACT
for
removing acetylene emissions;
and
4)
allow Abbott to demonstrate
compliance through various means other than stack testing.
These
issues were resolved in R88—14.
THE VARIANCE
Abbott
seeks
a variance from the effective
date
of R86—lO
until the effective date
of R88-14.
R86-lO became effective on
April 11, 1988 and R88-14 became effective on May 14, 1991.
Abbott
filed its variance petition on May 2,
1988.
We do not believe that any “backdating” is necessary.
Section
38(b)
of the Act states that:
If any person files
a petition for a variance
from a rule of regulation within 20 days after
the effective date of such rule or regulation,
the operation of such rule or regulation shall
be
stayed
as
to
such
person
pending
the
disposition
of
the
petition;
provided,
however,
that the
operation
of
any rule
or
regulation
adopted
by
the
Board
which
implements, in whole or in part, a State RCRA,
IUC
or
NPDES
program
shall
not
be
stayed.
(Emphasis added).
Ill.
Rev. Stat.
1989,
ch.
111—1/2, par. 1038(b).
Abbott’s variance petition was filed 21 days after April
11,
1988, but the twentieth day fell on
a Sunday.
Section 101.109 of
the Board’s rules state:
Computation of any period of time prescribed
by this chapter of this Act shall begin with
the first calendar day following the day on
which the
act,
event,
or development occurs
and shall
run until the end of the last day,
or the next business day if the last day is a
Saturday,
Sunday,
or
national
or
state
holiday.
125—304
3
35 Ill.
Adm. Code Section 101.109.
For purpose of stay,
it is apparent that Abbott satisfied the
20 day time limit required by Section 38(b) of the Act.
The Board
finds
that
the
operation
of
R86-lO
was• therefore
stayed
as
to
Abbott “pending the disposition” of this variance.
Further, Abbott did not request variance relief beyond the May
14,
1991 effective date
of R88—14.
Since that date has already
elapsed,
there
is
no
issue
remaining
for determination
in this
matter.
Accordingly, the Board finds that variance is unnecessary
and this petition is therefore dismissed.
This Opinion constitutes the findings of fact and conclusions
of law in this matter.
ORDER
The petition for variance by Abbott Laboratories is dismissed.
Section
41
of
the
Environmental Protection Act
(Ill.
Rev.
Stat.
1990
supp.,
ch.
111—1/2, par.
1041)
provides for appeal of
final Orders of the Board within 35 days.
The Rules of the Supreme
Court of Illinois establish filing requirements.
IT
IS SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk of •the Illinois Pollution Control
Board, hereby certify that,~theabove Opinion and Order was adopted
on the
~
day of
~-t~’~’5/
,
1991 by a vote of
7~.
~
/~
Dorothy M.~unn, Clerk
Illinois Pollution Control Board
125—305