ILLINOIS POLLUTION CONTROL BOARD
    June
    25, 1987
    IN THE MATTER OF:
    )
    NEI~SOURCE PERFORMANCE STANDARDS:
    )
    R8720
    ADDITION OF ALTERNATIVE
    )
    PROCEDURE (CRITICAL ORIFICE AS
    )
    CALiBRATION STANDARDS)
    TO METHOD
    5,
    )
    APPENDIX A
    )
    RESOLUTION AND ORDER OF THE BOARD
    (by J.D. Dumelle):
    This matter comes before the Board
    upon a June 16, 1987
    notice
    (52 Fed. Reg.
    22888) published
    by the United States
    Environmental Protection Agency
    (USEPA) of the promulgation of an
    amendment
    to
    the
    National
    Standards
    of
    Performance
    for
    New
    Stationary~Sources
    (NSPA):
    40 CFR 60 Appendix A
    (35 Ill. Adm. Code 230 Appendix A)
    Pursuant to Section 9.1 of the Environmental Protection Act,
    the Board
    is required to adopt amendments “in substance
    identical”
    to the federal NSPS amendments.
    The Board will do
    so
    through incorporation by reference of the federal amendments as
    peremptory amendments.
    ORDER
    The Board hereby adopts the following amendments to Title
    35: Environmental Protection;
    Subtitle B:
    Air Pollution; Chapter
    I:
    Pollution Control Board; Part 230:
    New Source Performance
    Standards:
    Appendix A
    Reference Methods
    The Board incorporates by reference 40 CFR
    60, Appendix A,
    (1986);
    as amended at 51 Fed.
    Reg.
    29104, August 14,
    1986;
    as
    amended
    at 51 Fed. Reg.
    32454, September
    12,
    1986; as amended
    51
    Fed.
    Reg.
    42839, November
    26, 1986; as amended at
    51 Fed.
    Reg.
    44803,
    December
    12,
    1986;
    as amended at 52 Fed. Req.
    5105,
    February 19,
    1987; as amended at
    52
    Fed. Reg.
    9778, March 26,
    1987; as emended at 52 Fed. Reg.
    10852, April
    3, 1987;
    as amended
    at
    52
    Fed.
    Reg.
    22888,
    June
    16,
    1987.
    IT
    IS
    SO
    ORDERED.
    7$
    596
    The
    Board
    has construed identical “in accordance with the
    terms of” language contained
    in Section 40(b)
    of the Ac$-
    concerning third—party
    appeals of the grant
    of hazarc3oL~waste
    landfill permits as giving the person who had requested ~he
    permit
    a)
    the right to
    a decision within the applicable statutory
    time frame
    (now 120 days), and b) the right to waive (extend) the
    decision period
    (Alliance
    for
    a Safe Environment, et al.
    v. Akron
    Land Corp.
    et al., PCB 80—184, October
    30,
    1980).
    The Board
    therefore construes Section 40.1(b)
    in like manner, with the
    result that failure of this Board
    to act
    in 120 days would allow
    the site location applicant to deem the site location approved.
    Pursuant
    to Section 105.104
    of the Procedural Rules, it is each
    party’s responsibility to pursue its action,
    and
    to insist that a
    hearing on
    the petition
    is timely scheduled
    in order to allow the
    Board
    to
    review the record and
    to render its decision within 120
    days of the
    filing of the petition.
    Transcription Costs
    The
    issue of who has the burden of providing transcription
    in Board site location suitability appeals has been addressed in
    Town of Ottawa,
    et
    al.
    v.
    IPCB,
    et al., 129 Ill.
    App. 3rd.~ 472
    N.E.2d
    150
    (Third District,
    1984).
    In that case,
    the Court
    ordered the Board
    to assume transcription costs
    (472 N.E.2d
    at
    155).
    The Supreme Court denied leave to appeal on March
    14,
    1985.
    In cognizance
    of this ruling,
    the Board will provide for
    stenographic transcription of the Board hearing
    in this r~atter.
    This matter
    is accepted for hearing.
    Hearing must k~
    scheduled within
    14 days of the date of this Order
    and completed
    within
    60 days
    of
    the date
    of this Order.
    The hearing officer
    shall inform the Clerk of the Board of the
    time
    and location, of
    the hearing
    at least
    40 days
    in advance of hearing
    so that public
    notice of hearing may
    be published.
    After hearing, the hearing
    officer
    shall submit an exhibit list, written schedule for
    submission of briefs
    if any and all actual exhibits
    to the Board
    within
    5 days of the hearing.
    Any briefing schedule shall
    provide for final filings as expeditiously as possible and
    in no
    event later than 70 days from the date of this Order.
    If after appropriate consultation with the parties,
    the
    parties fail
    to provide an acceptable hearing date or
    if
    after
    an
    attempt the hearing officer
    is unable to consult with the
    parties, the hearing officer shall unilaterally set a hearing
    date in conformance with the schedule above.
    This schedule will
    only provide the Board a very short time period
    to deliberate
    and
    reach a decision before the due date.
    The hearing officer and
    the parties are encouraged
    to expedite this proceeding as much as
    possible.
    The hearing officer may extend this schedule only on a
    waiver of the decision deadline by the site location suitability
    71-599
    applic~ar~tand only for the equivalent or fewer number
    of days
    that the ciecision deadline
    is waived.
    Such waivers must be
    prov.~ded‘in writing
    to the Clerk of the Board.
    Any waiver must
    be
    ar. ~‘opcnwaiver” or
    a waiver
    of decision until a date
    certain.
    Because of requirements regarding the publication of notice
    of hearing,
    no scheduled hearing may be canceled unless the site
    location suitability applicant provides an open waiver or
    a
    waiver
    to a date at least 75 days beyond the date of the motion
    to cance. hearing.
    This should allow ample time for the Board
    to
    republish notice of hearing and receive transcripts from the
    hearing before
    the due date.
    Any order
    by the hearing officer
    granting cancellation of hearing
    shall include a new hearing date
    at icast
    40 days
    in the future
    and
    at least 30 days prior
    to the
    new due date and the Clerk
    of the Board shall
    be promptly
    informed of the new schedule.
    Because
    this proceeding
    is the type for which the Illinois
    Envircnmentaj. Protection Act sets a very short statutory deadline
    for decisionmaking, absent a waiver, the Board will
    grant
    extensicns or modifications only in unusual circumstances.
    Any
    such motion must set forth an alternative schedule for notice,
    hearing, and final submissions, as well as the deadline for
    deci5ion, including response time
    to such a motion.
    However, no
    such x~otionshall
    negate the obligation of the hearing officer
    to
    set a date pursuant to this Order.
    I~. IS SO ORDERED
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that
    he
    bove Order was adopted on
    the ~~-‘&_.day of ________________________, 1987, by a vote
    of
    ~-c~’.
    Dorothy
    N.
    nfl,
    Clerk
    Illinois Pollution Control Board

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