ILLINOIS POLLUTION CONTROL BOARD
June 23, 1994
CENTRAL CAN COMPANY,
)
)
Petitioner,
)
V.
)
PCB 92—176
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD (by J. Theodore Meyer):
This matter is before the Board on a joint motion for
continuance, filed on June 14, 1994. Central Can Company and the
Illinois Environmental Protection Agency (Agency) seek an
extension of the October 1, 1994 deadline for completion of all
hearings in this matter. The Board established that deadline in
a March 17, 1994 order.
The parties state that since November 1992, they have been
corresponding with the United States Environmental Protection
Agency (USEPA) regarding the Agency’s interpretation of the
regulations cited in denying Central Can’s permit application.
On May 31, 1994, a representative of USEPA informed Central Can
that USEPA would allow a “site-specific state implementation plan
(SIP) revision” for Central Can’s coating operations. On June 6,
1994, Central Can received a copy of a memorandum between USEPA’s
Region V office and USEPA’s Washington headquarters. As a
result, the parties contend that they need additional time to
analyze the USEPA memo and decide upon a course of action. The
parties believe that USEPA’s position on the issue, as described
in the USEPA memo, may resolve all issues in this appeal and
negate the necessity of proceeding to hearing in this matter.
Central Can and the Agency state that they understand the Board’s
urgency in completing this proceeding, but maintain that
proceeding to hearing without fully exploring USEPA’s position
may result in an inefficient use of the Board’s, the Agency’s,
and Central Can’s resources.
The motion for continuance is granted. USEPA has, after a
year and a half, responded to Central Can’s inquiries, and it
appears that the response may resolve this proceeding.
Therefore, the requirement that all hearings be completed by
October 1, 1994 is vacated. We continue to believe, however,
that substantive action on this case cannot be delayed
indefinitely. The parties are ordered to file status reports,
either jointly or separately, no later than September 30, 1994.
The status reports shall include detailed information on the
progress of the case, including the status of any further
2
discussions with USEPA and an anticipated schedule for further
action.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board hereby certi that the above order was adopted on the
~Lr~ay
of
_______________,
1994, by a vote of ~
~
~
Dorothy M. G~n, Clerk
Illinois Po2~/.itionControl Board