ILLINOIS POLLUTION CONTROL BOARD

September 1, 1994

CATERPILLAR, INC.,

Petitioner,

v.

)

ILLINOIS ENVIRONMENTAL

)

PCB 94-198

PROTECTION AGENCY,

)

(Variance)

)

Respondent,

)

and

INTERNATIONAL UNION, UNITED

)

AUTOMOBILE, AEROSPACE

AND

)

AGRICULTURAL IMPLEMENT WORKERS

)

OF AMERICA and LOCAL 9741

)

Intervenors.

ORDER OF THE BOARD (by R. C. Flemal):

On July 21, 1994 Caterpillar, Inc. (Caterpillar), filed a

petition for variance from the requirements to file a significant

modification application found at 35 Ill. Adm. Code 814.104(c).

On August 12, 1994 the International Union, United Automobile,

Aerospace and Agricultural Implement Workers of America and Local

974 (collectively “UAW”) filed an objection to the petition for

variance, a request for hearing to be held, and a petition to

intervene in the proceeding. No response to the petition to

intervene has been filed. A number of other individuals also

filed objections and requests for hearing. On August 23, 1994

the Illinois Environmental Protection Agency (Agency) filed its

recommendation.

Section 37 of the Environmental Protection Act provides that

any person may file a written objection to the grant of a

variance within 21 days of filing of the petition for variance,

together with a written request for hearing. If this is done,

then a hearing shall be held. (415 ILCS 5/37 (1992).) In

addition, 35 Ill. Adm. Code 104.141(a) allows for such objections

to be accompanied by a petition to intervene in accordance with

the intervention rules contained in 35 Ill. Adm. Code 103.

Because UAW’s petition for intervention satisfies the criteria

1 The parties should note that as of this date, this is the

correct caption to use in this proceeding.

---

2

set forth in 35 Ill. Adm. Code 103.142, the Board allows UAW to

intervene and sets this matter 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). 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 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

November 18, 1994; the Board meeting immediately preceding the

due date is scheduled for November 3, 1994.

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.

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

/~2’~day of ~

,

1994, by a vote of

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Dorothy M. G)a~n, Clerk

Illinois Pollution Control Board