ILLINOIS POLLUTION CONTROL BOARD
    November
    2,
    1989
    GENERAL MOTORS CORPORATION,
    Petitioner,
    v.
    )
    PCB 88—193
    (Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Marlin):
    Hearing in this variance action
    is presently scheduled for
    November
    8, 1989.
    On October
    23,
    1989,
    the Agency moved
    for an
    extension of time in which to file its Recommendation through
    November
    3,
    1989, asserting the need
    for time
    in which to analyze
    modeling data which it received from petitioner via telefax on
    October
    19.
    On October 27, General Motors
    filed a motion
    for continuance
    of the hearing, asserting that to hold a hearing without benefit
    of the Agency’s Recommendation does not serve the public
    interest.
    GM further asserts
    that it has requested variance to
    allow it time to study its non—complying cupola emissions for the
    purpose of bringing them into compliance,
    and that the current
    status of its discussions with the Agency
    is that the Agency
    wishes GM to perform additional preliminary studies.
    GM further
    states that given these circumstances,
    it also seeks a
    continuance to allow
    it time to decide whether
    to dismiss this
    proceeding and to pursue regulatory
    relief.
    While GM’s motion was directed to the Hearing Officer,
    the
    Hearing Officer referred
    it
    to the Board by letter
    of November
    1.
    The Agency’s motion for leave to file its Recommendation on
    or before November
    3
    is granted.
    The Board notes
    that this gives
    GM two business days
    in which to analyze the data prior to the
    scheduled November
    8 hearing.
    The Board further notes that
    hearing has already been cancelled once while the parties were
    exchanging information.
    While the Board does not favor
    the
    cancellation of scheduled hearings,
    under
    these circumstances the
    Board will grant GM’s motion
    in the interests of avoiding
    unnecessary hearings.
    It would appear likely that hearing may
    not be completed on November
    8 if begun that day, given the
    shortness of time available for GM to formulate and prepare any
    1fl5-29
    —2—
    response to the Agency’s Recommendation,
    resulting in two hearing
    days.
    Additionally,
    no hearing may be necessary in this matter
    if GM chooses to dismiss its petition.
    This
    is, however, the
    last continuance which the Board will allow
    in this case.
    The
    Hearing Officer
    is directed to expeditiously reschedule hearing
    in this matter.
    IT IS SO ORDERED.
    Board Members
    B.
    Forcade and J.T. Meyer dissented.
    I,
    Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that
    the above Order was adopted on
    the
    .~‘‘~‘
    day of
    ~
    ,
    1989, by a vote
    of
    ~—Z~
    Dorothy M7~Gunn,Clerk
    Illinois Pollution Control Board
    1fl5-3()

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