ILLINOIS POLLUTION CONTROL 809D
    December
    20, 1985
    IN THE
    MATTER
    OF:
    )
    )
    AMENDMENTS OF 35 ILL. ADM. CODE
    )
    R85—21
    211 and 215
    )
    ORDER OF TUE BOARD
    (by RC.
    Flemal):
    On November
    22, 1985, the Illinois State Chamber of Commerce
    (ISCC) filed a three part motion to supplement the record,
    asking:
    1)
    That the Board request, or compel by subpoena
    if
    necessary,
    an appearance at hearing of the United States
    Environmental Protection Agency (USEPA) to address
    requirements imposed on the state by the USEPA.
    2)
    That there be evaluation of any regulatory action as
    if
    such regulation were only to apply in non—attainment
    areas.
    3)
    That testimony be sought from the USEPA, Illinois
    Environmental Protection Agency (Agency), industry and any
    other other parties as to
    how
    the USEPA’s equivalency
    policy (5
    rule)
    is to be interpreted.
    It is to be noted that several of the aspects of the 19CC
    motion have been dealt with in the Agency proposal or at the
    first hearing in this matter conducted on December 12 and 13,
    1985,
    and that the remaining are scheduled to be addressed at the
    second hearing or are addressable during the hearing process.
    At the first hearing it was noted by Counsel for the Agency
    that a USEPA representative is scheduled to
    give testimony and be
    available for cross—examination at the second hearing,
    tentatively scheduled for early March, 1986.
    The proposal as presented by the Agency specifically
    recommends that portions of the proposed amendments apply only to
    non—attainment areas.
    At the first hearing Agency personnel
    presented testimony in support of this position, and were subject
    to cross—examination on this issue.
    The Board notes that
    additional testimony and accompanying cross—examination in this
    direction may be made by any participant at the second scheduled
    hearing, or subsequent hearings if any, consistent with Board
    rules applicable to the conduct of regulatory hearings.
    kiso at the first hearing, the Agency presented testimony,
    and was subject to cross—examination, on its understanding of
    application of the equivalency rule
    Additional testimony from
    8.7-in
    —2—
    tne ISCC and
    industry and any other parties’
    is welcome at the
    second hearing,
    or subsequent hearings if any, consistent with
    Board rules applicable to the conduct of regulatory hearings.
    As a generality, that the Board seeks testimony
    in all
    aspects of any proceeding before it is explicit in the manner in
    which hearings are noticed and conducted.
    In as much are the concerns of the ISCC appear to have been
    addressed,
    or are addressable through the normal hearing process,
    no Board action regarding the 18CC motion is appropriate at this
    time.
    The motion
    is accordingly denied.
    The Board notes that
    this action does not preclude the 18CC from filing a subsequent
    motion to supplement the record should they believe that future
    developments leave the record deficient.
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Board, herebj certify that the abov
    Order was adopted on
    the
    07frfl—
    day of
    ,
    1985, by a vote
    of
    7—o
    ,~
    Dorothy N. bunn, Clerk
    Illinois Pollution Control Board
    67-174

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