ILLINOIS POLLUTION CONTROL
    BOARD
    March 23,
    1995
    SHELL OIL COMPANY,
    )
    Petitioner,
    )
    v.
    )
    PCB 95—102
    (Variance—Air)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD:
    On March 15,
    1995, Shell Oil Company (Shell)
    filed a
    petition for variance regarding three of its gasoline dispensing
    facilities located Cook County, Illinois. These facilities are
    located in the Chicago ozone nonattainment area.
    Shell has not requested or waived hearing in its petition.
    However, hearing must be held as granting of the variance could
    cause a modification of the State Implementation Plan for ozone
    and federal public participation requirements must accordingly be
    met.
    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 hearing, 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 July
    13,
    1995 (120 days from March 15,
    1995); the Board meeting
    2
    immediately preceding the due date is scheduled for June 15,
    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
    and the parties are encouraged to expedite this proceeding as
    much as possible.
    The Board notes that Board rules
    (35 Ill.
    Athn.
    Code 104.180)
    require the Agency to file its recommendation for
    disposition of the petition within 30 days of filing of the
    petition.
    This order will not appear in the Board’s opinion volumes.
    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~’~
    day of
    ~h
    ~-t~-c~~”
    ,
    1995,
    by a vote of
    -~~°
    Dorothy M~?Gunn,
    Clerk
    Illinois ~PollutionControl Board

    Back to top