ILLINOIS POLLUTION CONTROL BOARD

May 14,

1987

IN THE MATTER OF:

)

PROPOSED SITE—SPECIFIC

)

R87—12

PARTICULATE LIMITATIONS

)

FOR SCHROCK’S SAWDUST

FIRED BOILERS IN ARTHUR,

)

ILLINOIS

ORDER OF THE BOARD

(by

R1.C..

Flemal):

This matter comes before the Board upon the April 30,

1987,

motion of the Illinois Environmental Protection Agency (“Agency”)

to incorporate record and determine that another hearing

is

unnecessary..

Schrock/A Division of White Industries

(“Schrock”)

responded to this motion on May 8,

1987..

The Agency,

through its motion, seeks to incorporate the

transcript of and exhibits from the January 22, 1987, hearing

held in PCB 86—205,

a variance proceeding involving the same

facility which

is the subject of this matter.

The Agency also

suggests that incorporating these materials will obviate the need

for

a hearing

in this matter, and therefore seeks

a Board

determination that hearing

in this proceeding may be dispensed

with,.

The Board concludes that it must deny the Agency’s motion in

part1.

A hearing must be held

in this proceeding because the

Board cannot be assured, even though the Agency apparently

is,

that “at the variance hearing Schrock put into evidence

everything

it will put into evidence

in support of its petition

for a site—specific rule”.

The showing which must be made by a

petitioner

in a variance proceeding differs from that which

is

required of a proponent

in a rulemaking,.

The Board cannot assume

that Schrock would not,

if given the opportunity, submit

additional material going to the merits of its rulemaking

proposal

However,

inasmuch as this matter

is closely related

to PCB

86—205, the Board

finds

it reasonable to incorporate the record

of that case

into this proceeding and hereby does

so,.

Finally, the Board notes that

in order

to minimize expenses

for all parties involved,

it will attempt to schedule the hearing

in this matter and the upcoming hearing

in PCB 86—205 such that

they will occur

on the same day at the same location..

The Board

would appreciate the cooperation of

Schrock and the Agency in

achieving this

goal..

78~119

---

—2—

IT IS SO ORDERED..

Board Member Jacob

D.. Dumelle dissented..

I, Dorothy

M..

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on the

/~t~

day of

_____________,

1987, by

a vote of

.S~/

Dorothy

M..

Gutin, Clerk

Illinois Pollution Control Board