ILLINOIS POLLUTION CONTROL BOARD
    April
    22,
    1993
    MINNESOTA
    MINING AND MANUFACTURING
    COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 91—162
    (Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    Minnesota Mining and Manufacturing Company
    (3M)
    filed this
    petition for variance on September
    5,
    1991.
    The petition seeks
    a
    variance from the provisions
    of
    35
    Iii. Adm.
    Code 218.105(c).
    No
    substantive action has taken place on this petition.
    3M is an
    appellant of the Federal Implementation Plan
    (FIP)
    promulgated by
    the United States Environmental Protection Agency
    (USEPA)
    at
    55
    Fed.
    Reg.
    26814
    on June 29,
    1990.
    3M is currently involved
    in
    negotiations with the USEPA that could impact the variance
    petition.
    On
    September 26,
    1991,
    the Board denied the Agency’s motion
    for an extension of time to file its recommendation but noted
    that
    if
    a waiver of the decision deadline was filed the hearing
    officer could grant the extension providing that the
    recommendation was filed
    at least 90 days prior to the decision
    deadline.
    The Agency has not filed its recommendation
    in this
    matter.
    The decision deadline has been waived until December
    1,
    1993.
    The Board notes that
    it
    has received two letters
    of
    objection
    in this matter and that a hearing
    is required.
    This
    a deadline case where
    6 limited waivers have been
    submitted and
    1
    hearing has been cancelled.
    The continual filing
    of limited waivers and the cancellation of hearings taxes the
    administrative resources
    of the Board.
    Further,
    the cancellation
    of
    a hearing that has already been noticed
    in newspapers
    of
    general circulation wastes the Board’s resources and misinforms
    the public.
    To allow adequate time for the filing of briefs and Board
    deliberation before the deadline,
    the Board requires that
    hearings be scheduled approximately 120 days prior to the
    decision deadline.
    It
    is the responsibility of the petitioner to
    provide adequate waivers and proceed with the matter in a timely
    fashion, yet not to cancel hearings after notice has been
    published without substantial justification.
    Failure to provide the Board with an adequate waiver or
    0
    J!3
    j
    -Q f~9
    cancellation
    of noticed hearings may subject this matter to
    dismissal for want of prosecution.
    As no substantive action has taken place
    in this matter,
    the
    Board
    is instructing the parties to submit status reports.
    The
    parties are to submit status reports to the Board before June 18,
    1993.
    IT IS
    SO ORDERED.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify ~.hat the above order was adopted on the
    ~-~Y~~day
    of
    ,1993,
    by a vote of ~
    Dorothy M. ~4~inn,Clerk
    Illinois P~41utionControl Board

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