ILLINOIS POLLUTION CONTROL BOARD
September 26,
1991
RIVERSIDE LABORATORIES,
Petitioner,
v.
)
PCB 91—161
(Variance)
ILLINOIS, ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by J.
C. Marlin):
On September 23, 1991, the Agency filed a motion for extension
of
time
in
which
to
file
its
Recommendation
in
this variance
proceeding.
In support thereof,
the Agency notes that petitioner
seeks relief from certain of the Board’s RACT rules adopted in R91-
7.
The Agency notes that these rules are “substantially the same”
as those adopted by the USEPA
in its Federal Implementation Plan
(FIP)
at 55 Fed. Reg. 26814, June 29, 1990.
The Agency states that
petitioner
has
appealed
the
FIP promulgation,
and
is
currently
negotiating its appeal with USEPA.
The Agency asserts that “the
results
of
these
negotiations
could
significantly
impact
the
substance and even necessity”
for the relief requested here,
and
that negotiations are expected to conclude “within the foreseeable
future.”
The Agency further states •that petitioner has expressed
no objection to the granting of this motion,
and has waived the
decision date in this matter.
The
Board notes that no hearing
in this matter
is presently
scheduled and
that the
decision deadline
has been waived
until
April
1,
1992.
The Board will
accordingly
grant
the Agency
an
extension
of time through January
1,
1992
in which
to
file
its
Recommendation.
In
the
event
a
further
waiver
is
received,
however,
the Hearing Officer
is
authorized to grant
an extension
of the time for the filing of the Agency’s Recommendation provided
that it is received no later than the 90th day prior to the Board’s
decision deadline.
IT IS SO ORDERED.
126—331