ILLINOIS POLLUTION CONTROL BOARD
    September 26,
    1991
    MINNESOTA MINING
    AND
    MANFACTURING
    COMPANY,
    Petitioner,
    v.
    )
    PCB 91—162
    (Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    The Board notes the filing of objections to the grant of this
    variance
    on September
    16
    and
    18.
    Hearing
    in
    this matter
    was
    authorized by the Board Order of September
    12,
    1991.
    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 R9l-
    7.
    The Agency notes that these rules are “substantially the sante”
    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
    hearing
    in
    this
    matter
    is
    presently
    scheduled for October 28,
    1991 and that the decision deadline has
    not been waived; this case is due for decision on January
    3,
    1992.
    The Board will accordingly deny the Agency an extension of time.
    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.
    The
    Hearing
    Officer
    may
    continue
    the
    hearing
    in
    this
    matter
    consistent with the terms of the Board’s September 12,
    1991 Order.
    IT IS SO ORDERED.
    126—333
    2
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board~.hereby certif~
    tj~a~t
    the above Order was adopted on the
    ~
    day of
    ~
    ,
    1991 by
    a vote of
    7~O.
    7i’i~t~~
    ~).
    Dorothy M. ~nn,
    Cler1~
    Illinois PoI~1utionControl Board
    126—334

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