ILL I
    MOIS POLLUTION CONTROL
    BOARD
    April
    19,
    1984
    IN THE MATTER OF:
    )
    PARTICULATE EMISSION STANDARDS FOR GRAIN
    )
    R82—20
    HANDLING
    (35 Iii.
    Mm.
    Code 211.122 and
    )
    212.461
    —
    212.463)
    )
    ORDER OF THE BOARD
    (by J.
    D.
    Durnelle):
    On August 11,
    1982 the Grain and Feed Association of
    Illinois petitioned the Board to amend Rules 201 and 203(d)(8) of
    Chapter
    2
    (now codified as
    35 Ill. Mm. Code 211.122 and
    212.461—212.463)
    as they apply to particulate emissions from
    grain handling operations.
    Following numerous attempts to
    schedule hearings, the initial merit hearing was not held until
    July
    27,
    1983 due to the Association’s reluctance to proceed.
    At
    the close of that hearing,
    the Association indicated that it
    could
    be prepared for a second hearing by late October of 1983
    arid that a firm date could be settled upon during the first few
    weeks of August,
    1983.
    On August
    25, 1983 the Association asked
    that the second hearing be delayed until December, 1983.
    On
    January 18,
    1984 the Association requested that hearings be
    delayed for another month.
    To date, though the Board has on
    several occasions attempted to schedule additional hearings, the
    Association has been reluctant to proceed.
    As a result,
    this
    matter has been pending over 18 months and only one hearing has
    been held.
    The Association has represented to the hearing officer that
    difficulties have arisen with respect to modeling and developing
    an
    amended
    proposal.
    The proposed federal respirable partic)~e
    standard may also impact the proposal.
    These may well
    be valid
    reasons for delaying the proceeding.
    However, the record is
    clear that, regardless of the reasons, the Association has been,
    and is, unwilling to proceed expeditiously.
    When
    the Board
    accepts a regulatory petition and authorizes hearings,
    it
    presumes that the proponent is prepared to proceed.
    That is
    certainly not the case here,
    The Board, therefore, hereby
    dismisses this proceeding with leave for the Association to
    refile when, and if,
    it
    is prepared to proceed expeditiously.
    IT IS SO ORDERED.
    57.479
    2
    I, Christan
    L.
    Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify .~thatthe above Order was adopted
    on
    the ~
    day of
    ~
    1984 by a vote of
    ~-~3
    Christan L. Moffett,(,~erk
    Illinois Pollution
    Control Board
    57.480

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