11

1

1

NO

I

S

101

II IT

1

ON

CONTRO 1

BOA RI)

Aucpist

26,

1993

Mi

NNI•:SOTA

MINT

NC

AND

MANtIFACTIJRT

NC

COMPANY,

)

Petitioner,

v.

)

PCB

91—162

(Variance)

ILLINOiS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by B.

Forcade):

On August

2,

1993,

Minnesota Mining and Manufacturing

Company

(3M)

filed

a “Status Report/Motion for Reconsideration

and a Waiver of Decision Deadline”.

The Agency did not file

a

status report or a response to the motion for reconsideration.

This filing is in response to the Board’s order of July

1,

1993.

This order noted that 3M had requested to file an

additional status report at a time when hearings should have been

scheduled to meet the decision deadline.

The Board also noted

previous orders in which the Board had raised scheduling concerns

relating to the use of limited waivers.

The Board ordered the

parties to file an additional status report by August

2,

1993.

The Board warned that if an “open waiver” was not filed prior to

the receipt of the status report, the Board may take one of the

following actions at the regularly scheduled Board meeting:

dismissal of the petition for want of prosecution or setting the

matter for hearing in accordance with the present decision

deadline despite objections from the parties.

In the status report filed on June

18,

1993,

the parties

reported that 3M is seeking to continue to use its present method

of demonstrating capture efficiency of volatile organic

materials.

3M currently has a FIP Revision Petition pending

before the United States Environmental Protection Agency

(USEPA)

addressing the capture efficiency protocol.

3M notes that USEPA’s decision seems to be forthcoming and

that the Agency has indicated that it will follow USEPA’s

decision.

3M also notes that the issue in the variance pending

before the Board may be resolved

in the next several weeks.

3M requests the Board

to reconsider its decision ordering 3M

to file an open waiver.

3M has provided

a waiver of the decision

deadline until December

31,

1994.

The

Board grants

3M’s motion for reconsideration

and accepts

the

wa

i ver

of

the

dec is ion

dead

line.

The

Board

notes

that

the

---

2

waiver

is

for a sufficient period of time that

no action by the

Board

is required at this

time.

However, the Board notes that

if

this matter

is not resolved as anticipated,

the parties must

establish

a schedule for hearings at least

120 days prior

to the

decision

deadline.

The

parties are ordered to file an additional status report

with the Board on or before January

24,

1994.

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

~

day of

/~-

(~~-

‘

,l993, by a vote of(~_‘~

1~

/

-

/

-~

//

~.

--

Dorothy N. ç~nn, Clerk

Illinois Polllution Control Board