ILLINOIS POLLUTION CONTROL BOARD
    July 20, 1995
    THE PETITION OF
    )
    NATIONAL METALWARES,
    INC.
    )
    FOR AN ADJUSTED STANDARD
    )
    AS 95-6
    FROM 35 ILL. ADM. CODE
    )
    (Adjusted Standard-Air)
    218.204(G)
    )
    ORDER OF THE BOARD
    (by J. Yi):
    on
    May 30,
    1995, National Metalwares,
    Inc.
    (National)
    filed
    a petition for adjusted standard from 35 Ill. Adm Code
    218.204(g).
    Petitioners have requested a hearing.
    However, the
    Board did not set this matter for hearing because we had not
    received the certification of publication required pursuant to
    Section 28.1(d) (1)
    of the Act and Board regulations at 35 Ill.
    Adm.
    Code 106.711 and 106.712.
    (415 ILCS 5/28.1(d)(1)
    (1994).)
    We received the
    certification
    of publication on June
    19,
    1995.
    The Board finds that the petition meets the minimum
    requirements for an adjusted standard petition set forth in 35
    Ill.
    Adm.
    Code 106.705.
    Accordingly, since the petitioner has
    requested a hearing, this matter shall proceed to hearing.
    This is a type of case for which the Act prescribes
    no
    deadline for decision, although as noted the Act requires the
    petitioner to timely pursue disposition of the petition.
    Therefore, hearing must be scheduled and completed in a timely
    manner, consistent with Board practices and
    35 Ill.
    Adm. Code
    Part 101 and Part 106, Subpart G.
    A hearing officer will be
    assigned to conduct hearings.
    The Clerk of the Board shall
    promptly issue appropriate directions to the assigned hearing
    officer consistent with this order.
    The assigned hearing officer shall inrorm the Clerk or the
    Board of the time and location of the hearing at
    least 40 days in
    advance of hearing so that public notice of hearing may be
    published.
    After hearing, the hearing officer shall submit an
    exhibit list,
    a statement regarding credibility of witnesses and
    all actual exhibits to the Board within five days of the hearing.
    Any briefing schedule shall provide for final filings as
    expeditiously as possible.
    If after appropriate consultation with the parties, the
    parties tail to provide an acceptable hearing date or it after an
    attempt the hearing officer is unable to consult with the
    parties, the hearing officer shall unilaterally set a hearing
    datc in conformance with the schedule above.
    The henring officer
    and the parties are encouraged to expedite this pr~ eding as
    much as possible.
    2
    On July 10,
    1995,
    the Illinois Environmental Protection
    Agency
    (Agency)
    filed
    a motion for an extension of time to file
    its response.
    The Agency states
    that the time allowed for it
    to
    file
    its response is
    in adequate and that it has discussed with
    the petitioner the possibility of meeting prior to the filing of
    the response.
    The Agency asserts that the petitioner
    is in
    agreement and has agreed to the motion.
    Since there
    is no decision
    deadline and the
    Board recogni2es
    that negotiations
    in these matters are beneficial we grant the
    Agency’s motion
    for an extension of time to file its response
    until September
    1,
    1995.
    IT
    IS SO ORDERED.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board hereby certify ,that the above order was adopted on the
    /
    ~-()
    ~ci’-t
    day of
    1995,
    by a vote of
    e’
    Dorothy
    M.
    Illinois
    Control Board

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