ILLINOIS POLLUTION CONTROL BOARD

November 4, 1993

CENTRAL CAN COMPANY,

)

)

Petitioner,

)

v.

)

Pea 92—176

(Permit Appeal)

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

)

Respondent.

ORDER

OF THE

BOARD

(by J. Theodore Meyer):

This matter is before the Board on its own motion. On

October 7, 1993, petitioner Central Can Company (Central Can)

filed a waiver of the decision deadline in this case. A decision

in this case is now due on October 18, 1994. Substantive action

on this case has been delayed several times, because Central Can

has asked USEPA to review USEPA’s interpretation of rules which

are the subject of the• instant permit appeal. In its October 7

filing, Central Can notes that in June 1993 USEPA stated that its

national headquarters would need additional time to review the

matter, and that USEPA has still not responded to Central Can’s

request for a response. Central Can contends that if an accord

is reached with USEPA, it may not be necessary to proceed with

this appeal.

The Board is sympathetic to Central Can’s efforts to resolve

this case without “prolonged litigation”. However, we will not

delay substantive action indefinitely. Central Can is directed

to file a status report with the Board by February 4, 1994.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board hereby certif that the above order was adopted qn the

______

day of

~

1993, by a vote of ~

Dorothy M.

Illinois

Control Board