ILLINOIS POLLUTION CONTROL BOARD

February 25,

1988

MINNESOTA MINING AND

MANUFACTURING COMPANY,

Petitioner,

v.

)

PCB 88—14

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by B. Forcade):

On February

3,

1988,

the Illinois Environmental Protection

Agency (“Agency”)

filed a motion to dismiss variance petition,

asserting that the petition does not contain an appropriate

compliance plan,

in effect seeks rulemaking

from the Board,

and

involves two lines

for which no compliance plan

is given.

On

February 16,

1988,

Minnesota Mining and Manufacturing Company

(“3M”)

filed

a response

in opposition

to the motion to dismiss,

asserting that the Board had determined

3M’s petition to be

adequate,

that no rulemaking

is requested,

and that the petition

does not involve the two additional lines.

The motion

to dismiss

is denied. The Board has made no

determination on the adequacy or

inadequacy

of the petition.

Further, counsel

for both the Agency and

3M are well aware of the

requirements that must be met for a grant

of variance relief.

The Board believes the dispute

on the adequacy of

3M’s request

can best be addressed after a full and complete factual hearing

on these matters.

IT IS SO ORDERED

I, Dorothy

M.

Gunn, Clerk of

the Illinois Pollution Control

Board, hereby certify

t~,t the above Order was adopted on

the

~S~day

of _______________________,

1988,

by a vote

of

1-0

•

f~J

Dorothy M.

c~4.inn, Clerk

Illinois Pollution Control Board

86—405