ILLINOIS POLLUTiON CONTROL

BOAcD

August

20,

1987

IN THE MATTER OF:

AMENDMENTS TO

35

ILL. ADM. CODE

)

R86-10

211 &

215 ORGANiC MATERIAL EMISSI~

STANDARDS AND LIMITATIONS FOR

SYNTHESIZED Pt~ARMACEUTlCAL

MANUFACTURING PLANTS.

ORDLR OF THE BOARD

(by

J..D.

Dumelle):

This matter

comes before the Board upon an August

12,

1987

motion

for interlocutory appeal

of

Hearing Officer’s Oroer,

filed

by the Illinois Environmental Protection Agency

(Agency).

The

Board recognizes

that the time

for response

to this motion

does

not expire until August

24,

1987.

However, due

to the nature of

this proceeding

anb

tne time

factors involved,

the Board deems

it

necessary and appropriate to grant

the motion,

in part,

at this

time.

Th~~oaro will,

in

this

Order aãdress the issue

of Abbott

Laboratories’ participation

at

the hearing scheduled for August

25,

1987.

Remaining

issues raised

in the appeal will

be

addressed subsequent

to the expiration of the response period.

The Agency’s interlocutory appeal requests the board

to

reverse a ruling made

in the Hearing Officer’s Order dated August

10,

1987.

The Hearing Officer

ruled that Abbott need not present

its position at

the hearing scheduled for August

25,

1987.

At

that hearing,

the Agency

is scheduled to present

its

second

amended proposal which was filed

on July

27,

1987, and Abbott

is

scheduled

to question

the Agency’s witnesses thereon.

The Agency

asserts that the Hearing Officer’s rationale for not requiring

Abbott

to present

its position

at that hearing

is that Abbott did

not receive

a certain technical report until 13 days

before the

hearing and

that that

is

insufficient time

to prepare

its

testimony.

The Agency further asserts that this rationale

ignores

tne tact

that Abbott has had

trie Agency’s proposal since

July 24, 1987 and that the data

included in that report was data

the Agency received from Abbott originally.

Tne Agency concludes

that Abbott has had the information

for

a sufficient length of

time to enable it

to present

its position at the August

25, 1987

hearing, and therefore requests that the Board reverse the

Hearing Officer’s Order.

The Board shares what

it believes

is the Agency’s underlying

concern:

that this rulemaking proceed swiftly

to its ultimate

conclusion because

of imminent deadlines.

However,

the Board

is

not persuaded that the Hearing Officer was incorrect

in ruling

that Abbott

should not be required

to proceed with

its

80—395

---

presentation at

tue August

25, 1987

hearing.

Tnererore,

the

Agency’s appeal on this

issue

is denied,

and the hearing will

proceed

as outlined

in

the Hearing Officer’s Order.

The Board’s

next Order

in this matter will discuss

any procedures

the Board

deems necessary

to expt~diteconclusion

of tnis rulemaking,

taking

into account

the progress made

at the August

25 hearing.

IT IS SC ORDERED.

Board Member Bill Forcade dissented.

I,

Dorothy

M. Gunn,

Clerk of

the Illinois Pollution Control

Board,

hereby certify

that t~eabove Order was adopted

on

the

______________

day of

~

,~,r

,

1987

by

a vote

of

~

-/

/

Dorothy H. G~nn,Clerk

I1linoi~Pollution Control Board

80—396