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