ILLINOIS POLLUTION CONTROL BOARD
    June 10, 1981
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    )
    AGENCY,
    Complainant,
    )
    v.
    )
    PCB 78—293
    RALSTON-PURINA COMPANY,
    a Missouri
    corporation,
    Respondent.
    ORDER OF THE BOARD
    (by D.
    Satchell):
    On May 14,
    1981 Ralston-Purina Company filed objections
    to the Hearing Officer’s ruling sustaining the Illinois En-
    vironmental Protection Agency’s
    (Agency)
    objections
    to Ralston-
    Purina’s discovery request in this enforcement action.
    Ob-
    jections to interrogatories
    7 and 8 were sustained.
    These
    requested infcrmation concerning evidence in the Agency’s
    possession that emission reduction is practical.
    The Hearing
    Officer sustained the objection because the burden to come
    forward with proposed solutions does not fall upon the Agency
    unless and until the Respondent establishes and proves a “state
    of the art” defense
    (IEPA v. Wells Manufacturing Co.,
    73 Ill.
    2d 226).
    However, Procedural Rule 313(a)
    provides that it is
    not a ground for objection to discovery that the information
    will be inadmissible if it appears reasonably calculated to lead
    to the discovery of admissible evidence.
    Information in the
    Agency’s possession concerning methods of achieving emission
    reductions could lead to the discovery of admissible evidence
    relevant either to the state of the art defense or to the
    Agency’s burden if such defense is established.
    The motion is
    granted; the Hearing Officer is overruled.
    IT IS SO ORDERED.
    Mr.
    Dumelle
    dissents.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Order was adopted
    on the
    (c~”
    day of
    __________,
    1981 by a vote of
    ~3~/
    Christan L. Mof~j~J,Clerk
    Illinois Pollution Control Board
    42—5

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