ILLINOIS POLLUTION CONTROL BOARD
    October 6, 1994
    AMOCO OIL COMPANY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—263
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    On September 23, 1994, Amoco Oil Company (“Amoco”) filed a
    petition for variance regarding eighteen (18) of its facilities,
    located in the Chicago ozone nonattainment area. This matter is
    accepted for hearing.
    The petition was accompanied by a motion for expedited
    review, in which Amoco asserts that it “must ensure that its
    variance request is ruled on prior to the November 1, 1994 date”.
    The Board grants the motion for expedited review, but notes that
    it would be impossible to properly notice and hold the hearing as
    required by federal law and decide this matter by November 1,
    1994. Amoco appears to acknowledge this in paragraph thirty-six
    (36) of its petition, in which it alternatively requests granting
    of a variance retroactive to November 1, 1994. The Board will
    consider the alternative request when it reaches its decision on
    the case as a whole.
    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
    2
    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 January
    21, 1995 (120 days from September 23, 1994); the Board meeting
    immediately preceding the due date is scheduled for January 12,
    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. Adm.
    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 Contro).
    Board, hereby ce~ti~ythat the above order was adopted on the
    -~-~
    day of __________________________
    ,
    1994, by a vote of ~
    C).
    Dorothy N. ~nn, Clerk
    Illinois Pdl4ution Control Board

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