ILLINOIS POLLUTION CONTROL BOARD

January 19,

1995

W.

R.

GRACE

&

CO.

-

CONN.,

)

Grace Construction Products

)

)

Petitioner,

)

v.

)

PCB 95—39

)

(Air Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD:

On January 17,

1995,

W.

R. Grace

& Co.

—

Conn.,

Grace

Construction Products, filed a petition for variance regarding

its facility,

located at

6051 West 65th Street, Bedford Park,

Cook County,

Illinois.

This matter is accepted for hearing.

The hearing must be scheduled and completed in a timely

manner, consistent with Board practices and the applicable

statutory decision deadline, or the decision deadline as extended

by a waiver (petitioner may file a waiver of the statutory

decision deadline pursuant to 35 Ill. Adm. Code 101.105).

The

Board will assign a hearing officer to conduct hearings

consistent with this order, and the Clerk of the Board shall

promptly issue appropriate directions to that assigned hearing

officer.

The assigned hearing officer shall inform the Clerk of 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

and,

in

time—limited

cases,

no

later

than 30 days prior to the decision due date,

which is the final

regularly scheduled Board meeting date on or before the statutory

or deferred decision deadline.

Absent any future waivers of the

decision deadline, the statutory decision deadline is now May 17,

1995

(120 days from January 17,

1995)

;

the Board meeting

immediately preceding the due date is scheduled for April 20,

1995.

If after appropriate consultation with the parties, the

parties

fail

to

provide

an

acceptable

hearing

date

or

if

after

an

attempt the hearing officer is unable to consult with the

parties, the hearing officer shall unilaterally set a hearing

date

in

conformance

with

the

schedule

above.

The

hearing

officer

---

2

and the parties are encouraged to expedite this proceeding as

much as possible.

The Board notes that Board rules

(35 Ill. Adm.

Code 105.102) require the Aaency to file the entire A~encvrecord

of the permit application within 14 days of notice of the

petition.

This order will not appear in the Board’s opinion volumes.

IT IS SO ORDERED.

I, Dorothy H.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby~rtifythat the above order was adopted on the /~~

day of

_________________

,

1995, by a vote of

‘~

1/

ii

7c

~

‘Dorothy H.

c~finn, Clerk

Illinois Póijlution Control Board