ILLINOIS POLLUTION CONTROL BOARD
February 3,
1994
MINNESOTA MINING
AND
)
MANUFACTURING
COMPANY,
)
Petitioner,
)
v.
)
PCB 91—162
)
(Variance)
)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by M. McFawn):
On January 24,
1994,
Minnesota Mining and Manufacturing Co.,
(3M)
filed a status report as required by the Board’s order of
August 26,
1993.
3M reports that a decision anticipated from
United State Environmental Protection Agency (USEPA) affecting
3M’s petition for variance has not been issued as of January 24,
1994,
but that Steve Rosenthal of USEPA informed 3M’s counsel by
telephone that USEPA would issue a decision within a few months.
Based on this,
3M believes that this matter should be continued
until such time as USEPA issues its decision.
Since Nay, 1991 3M has had a Federal Implementation Plan
Revision Petition (FIP Petition) pending before the USEPA
addressing its capture efficiency
(CE) protocol.
With its FIP
Petition and this Variance Petition,
3M is seeking to continue to
use its present method of demonstrating capture efficiency of
volatile organic materials.
Previously,
3M has reported to the
Board that USEPA would delay a decision on its FIP Petition until
completing its own study of alternative CE methods.
In its
August
2 Status Report,
3M reported that during a July 29th
telephone conversation, USEPA’s Office of Regional Counsel for
Region V stated that a decision on CE protocols was then
imminent.
It was not forthcoming, thus the renewed request for a
continuance.
The decision date in this matter has been waived until
December 31,
1994.
The parties are directed to file an updated
status report on or before August
1,
1994.
The parties are also
directed to keep the Board advised of any decision or action by
USEPA concerning the CE protocol
in the interim.
IT IS SO ORDERED.
2
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Boftrd, hereby certify~thatthe above order was adopted on the
~7’~’day of ___________________________,
1994, by a vote of
//,N~~
Dorothy M. Gup~,Clerk
Illinois Po11~AtionControl Board