ILLINOIS POLLUTION CONTROL BOARD
    March 16,
    1990
    IN THE MATTER OF:
    PROPOSED AMENDMENTS TO
    )
    R88—2l
    TITLE 35, SUBTITLE C
    )
    DOCKET B
    (TOXICS CONTROL)
    (
    (Rulemaking)
    ORDER OF THE BOARD
    (by R.
    C.
    Flemal):
    On March
    8,
    1990,
    the Illinois Environmental Regulatory
    Group
    (IERG)
    filed
    a Motion
    to Expedite Review of the rules
    proposed for
    first notice by the Board’s Opinion and Order of
    December
    6,
    1989.
    These rules were published at
    13
    Ill.
    Reg.
    20273 (December
    29,
    1989)
    and the
    45 day comment period expired
    February
    13,
    1989.
    Between February
    16 and 20,
    the Board
    received late-filed comments
    from the Illinois Steel Group
    (P.C.
    36),
    IERG
    (P.C.
    37) and Pekin Energy Co.
    (P.C.
    38);
    all of
    these
    were accompanied
    by motions
    for leave to
    file.
    Although these
    motions are within the province of
    the Hearing Officer,
    to avoid
    generation of a separate Hearing Officer Order,
    the Board hereby
    grants these motions as the delayed filings have not prejudiced
    the Board’s timetable
    in this matter given its concentration on
    other time—sensitive rulemakings.
    No comments were received from the Agency or USEPA
    concerning
    this docket.
    However,
    in apparent
    response to IERG’s
    motion,
    on March
    15,
    1990 the Agency,
    by letter to the Hearing
    Officer,
    indicated
    its
    intent
    to
    a)
    file
    its
    own
    comments on or
    before March
    23,
    1990,
    and b)
    attempt to
    identify and convey and
    comments or concerns of USEPA.
    As IERG correctly notes
    in its motion,
    this Docket
    B
    addresses issues which were deferred from consideration in Docket
    A.
    The dockets were split
    by the Board to allow for timely
    promulgation of water
    toxics rules whose adoption was required by
    the Clean Water Act on
    or before February
    4,
    1990.
    The Board’s
    Opinion and Order
    in R88—21A was adopted January
    25,
    1990 and the
    rules were filed and effective February
    13,
    1990.
    The Board notes
    that
    three appeals of these
    rules are
    pending:
    Outboard Marine Corp.
    v.
    IPCB and
    IEPA,
    No.
    90—490
    (1st Dist.,
    filed February
    20,
    l990)~
    USS
    Division of
    USX
    Corp.
    v.
    IPCB,
    No.
    1—90—
    0580
    (1st Dist.,
    filed March
    1,
    1990);
    and
    lfl’)—44S
    —2—
    Granite City Division of National Steel,
    LaClede Steel,
    and the Illinois Steel Group,
    No. 5—90—0101
    (5th Dist., filed February
    20,
    1990).
    The Board further notes
    that,
    by Order of March
    2,
    1990,
    the
    Outboard Marine appeal of P88—21A has been stayed at petitioner’s
    request pending developments
    in R88—21B, and that
    a status report
    is due to be filed on or before May
    1,
    1990.
    In response to IERG’s motion,
    as well as
    to assist the
    courts
    in the processing
    of
    these appeals,
    the Board will
    expedite its consideration of this docket.
    The Board believes
    that
    the
    comments
    of
    the
    Agency
    and
    USEPA
    (to
    the
    extent
    timely
    available)
    are important factors
    in this consideration.
    In
    fairness,
    the Board will grant
    leave
    to the Agency as well as any
    other participants,
    to file any additional material
    it wishes
    considered
    in this docket on or before March
    26,
    1990.
    IT
    IS SO ORDERED.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify
    that the above Order was adopted on
    the
    ~
    day of ________________________,
    1990,
    by a vote
    of
    7—~
    Ill
    ilut
    Control
    Board
    109—446

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