ILLINOIS POLLUTION CONTROL BOARD
    February 17,
    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
    February
    2,
    1994
    joint
    status report,
    filed by petitioner Central Can Company
    (Central
    Can) and the Illinois Environmental Protection Agency (Agency).
    Substantive action on this case has been delayed several times,
    because Central Can has asked USEPA to review USEPA’s
    interpretation of rules which are the subject of the instant
    permit appeal.
    In their status report, the parties state that
    Central Can has made phone calls and sent letters to the contact
    person at USEPA, who replied that he has not yet received a
    response from USEPA’s research headquarters.
    The parties state
    that USEPA is not able to respond to Central Can’s request at
    this time.
    However, the parties state that in consideration of
    these efforts, they have agreed to await the outcome of meetings
    between Central Can and USEPA, since it is possible that if an
    accord is reached with USEPA,
    it may not be necessary to proceed
    with this appeal.
    As the Board stated in our November 4,
    1993 order, although
    we are sympathetic to Central Can’s efforts to resolve this case,
    we will not delay substantive action indefinitely.
    Central Can
    originally contacted USEPA in November 1992,
    and in December 1992
    USEPA informed Central Can that USEPA would need an additional
    thirty days to review the matter.
    In June 1993, USEPA again
    stated that it would need additional time.
    Now, once again, the
    Board has been told that USEPA needs some unspecified time to
    respond.
    We can no longer delay substantive action, especially
    since the parties can only state that a resolution with USEPA may
    make it unnecessary to proceed with this appeal.
    The hearing
    officer is directed to set this matter for hearing.
    Hearings
    shall be completed no later than July 1,
    1994.
    IT
    IS
    SO
    ORDERED.
    2
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cert
    that the above order was adopted on the
    /7~L
    day of
    ______________,
    1994, by a vote of
    ~
    7/
    Dorothy N. ç~nn,Clerk
    Illinois Po~LutionControl Board

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