ILLINOIS POLLUTION CONTROL BOARD

April

24,

1986

IN THE MATTER OF

AMENDMENTS TO 35

ILL. ADM. CODE

)

R86—1O

211

& 215 ORGANIC MATERIAL

EMISSION STANDARDS AND LIMITATIONS

FOR SYNTHESIZED PHARMACEUTICAL

)

MANUFACTURING PLANTS.

)

ORDER OF THE BOARD

(by 3.

D.

Dumelle):

This matter comes before the Board upon

a February

26,

1986,

Petition

to Amend

35

Iii.

Adrn.

Code,

Parts 211 and 215

filed by

the Illinois Environmental Protection Agency (Agency).

On April

10,

1986,

the Board

received

a Motion

for Protective Order

and

a

Motion

to Dismiss filed

on behalf

of Abbott Laboratories.

The

Board

is not ruling on the Motion

for

a Protective Order.

However,

for

the following reasons,

the Motion

to Dismiss

is

hereby denied.

Under Section

28

of

the Environmental Protection Act,

the

Agency does not have

to meet the requirements which persons other

than the Agency or the Department of Energy and Natural Resources

must meet when filing regulatory proposals with the Board.

Specifically, upon the filing of

a regulatory proposal by the

Agency,

the Board

is directed

to schedule a public hearing

without regard

to whether

the proposal

is supported by an

adequate statement of reasons, whether

is

it accompanied by 200

signatures

or plainly devoid

of merit or whether

a hearing has

been held on the subject within the preceding

6 months.

Notwithstanding these

requirements,

the Board may also

in its

discretion waive

the above conditions

for any regulatory

proposal.

Lastly,

the Agency does provide

a statement

of

reasons

for

its proposed regulations but states that

its information

is

extremely limited at this time.

The Board believes that the

Agency’s reasons for the proposed regulation will be adequately

developed at hearing.

Therefore, Abbott’s Motion to Dismiss

is

hereby denied.

IT

IS SO ORDERED.

I,

Dorothy

M.

Gunn, Clerk

of the Illinois Pollution Control

Board,

h

reb

certify that the above Order was adopted on

the

_____________

day

of

(~t1’(

,

1986 by

a vote

of

_______________.

P2. /~

Dorothy

M.

G’unn, Clerk

Illinois Pollution Control Board