ILLINOIS POLLUTION CONTROL BOARD
    December 2, 1993
    TRW, INC.,
    Petitioner,
    v.
    )
    PCB 93—196
    (Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by M. Nardulli):
    This matter is before the Board on petitioner TRW’s amended
    petition for variance, filed on November
    29,
    1993. As noted in
    the Board’s November 4, 1993 order, TRW seeks a variance from 35
    Ill. Adra. Code 215.301 for its Marshall, Illinois facility.
    Additionally, in response to the Board’s request, on
    December 1, 1993 respondent the Illinois Environmental Protection
    Agency (Agency) filed its comment as to whether a hearing on this
    petition is required pursuant to the Clean Air Act. The Agency
    states that it believes that a hearing is required, because
    federal law requires a hearing if a variance would necessitate a
    revision of the state implementation plan (SIP). The Board notes
    that TRW’S facility is located in Marshall, Clark County,
    Illinois. Clark County is an attainment area for ozone. In
    Knapheide Mfg. Co. v. Illinois Environmental Protection Agency
    (September 23, 1993)
    ,
    PCB 93—169, where the facility at issue was
    also located in an attainment area, we noted that the Agency did
    not intend to submit a SIP revision. Thus, the Board had
    operated under the belief that a hearing is only necessary if the
    facility in question was located in a nonattainment area.
    In the interests of timely action on this proceeding, we
    will today set this matter for hearing. If the Agency or TRW
    wishes to comment further on the need for a hearing, they should
    do so by filing an appropriate document with the Board, to be
    received no later than December 14, 1993.
    This matter is accepted for hearing. Hearing must be
    scheduled within 14 days of the date of this order and completed
    within 60 days of the date of this order. The 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 and all actual exhibits to
    the Board within 5 days of the hearing. Any briefing schedule
    2
    shall provide for final filings as expeditiously as possible and
    in no event later than 70 days from the date of this order.
    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. This schedule will
    only provide the Board a very short time period to deliberate and
    reach a decision before the due date. The hearing officer and
    the parties are encouraged to expedite this proceeding as much as
    possible.
    Within 10 days of accepting this case, the hearing officer
    shall enter a hearing officer scheduling order governing
    completion of the record. That order shall set a date certain
    for each aspect of the case including: briefing schedule,
    hearing date(s)
    ,
    completion of discovery (if necessary) and pre-
    hearing conference (if necessary). The hearing officer
    scheduling order may be modified by entry of a complete new
    scheduling order conforming with the time requirements below.
    The hearing officer may extend this schedule only on a
    waiver of the decision deadline by the petitioner and only for
    the equivalent or fewer number of days that the decision deadline
    is waived. Such waivers must be provided in writing to the Clerk
    of the Board. Any waiver must be an “open waiver” or a waiver of
    decision until a date certain. Any waiver shall extend the time
    deadline of Section 104.180 regarding filing the Agency
    recommendation by the equivalent number of days, but in any
    circumstance the recommendation must be filed at least 20 days
    before the hearing.
    Because of requirements regarding the publication of notice
    of hearing, no scheduled hearing may be cancelled unless the
    petitioner provides an open waiver or a waiver to a date at least
    120 days beyond the date of the motion to cancel hearing. This
    should allow ample time for the Board to republish notice of
    hearing and receive transcripts from the hearing before the due
    date. Any order by the hearing officer granting cancellation of
    hearing shall include a complete new scheduling order with a new
    hearing date at least 40 days in the future and at least 30 days
    prior to the new due date and the Clerk of the Board shall be
    promptly informed of the new schedule.
    Because this proceeding is the type for which the
    Environmental Protection Act sets a very short statutory deadline
    for making a decision, absent a waiver, the Board will grant
    extensions or modifications only in unusual circumstances. Any
    such motion must set forth an alternative schedule for notice,
    hearing, and final subraissions, as well as the deadline for
    decision, including response time to such a motion. However, no
    3
    such motion shall negate the obligation of the hearing officer to
    establish a scheduling order pursuant to the requirements of this
    order, and to adhere to that order until modified.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on ~the
    ~
    day of
    ___________________,
    1993,
    by a voteof
    ~-
    - - /
    -
    Dorothy N,/Gunn, Clerk
    Illinois ~Pollution Control Board

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