ILLINOIS POLLUTION CONTROL BOARD
    June
    4,
    1992
    AMOCO
    CHEMICAL
    COMPANY,
    AMOCO
    )
    PETROLEUM
    ADDITIVES
    COMPANY
    )
    WOOD
    RIVER,
    ILLINOIS,.
    )
    )
    Petitioner,
    )
    v.
    )
    PCB
    92—78
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER
    OF
    THE
    BOARD
    (by
    B.
    Forcade):
    On May
    26,
    1992,
    Amoco
    Chemical
    Company/Amoco
    Petroleum
    Additives Company
    (“Amoco”)
    filed a petition for an air variance
    for its facility located at Wood River in Madison County,
    Illinois.
    This matter is accepted for hearing.
    On pages “C” and “D” of the filing, Amoco has identified
    certain confidential information.
    That information is excised
    from the public copies of the petition and
    a justification for
    non-disclosure, pursuant to 35
    Ill.
    Adm.
    Code
    101.161(b),
    is
    provided.
    The Board encourages the Petitioner to seek
    conditional protection for the documents submitted.
    Under this
    procedure the Petitioner must specifically waive a final decision
    on
    the
    protection status of the material.
    The Board will protect
    the document until a final decision in the proceeding
    is rendered
    and then return the protected material to the Petitioner.
    The
    process
    is described at 35 Ill. Adm. Code 101.161(c)
    “...The
    Board may enter conditional non-disclosure orders allowing
    withdrawal by the applicant of the material covered by such
    order, at which time the Board’s ruling on the application shall
    be based on the record excluding the material so withdrawn.”
    Absent this waiver, the filing of a justification obligates the
    Board to expeditiously adjudicate the protection status of the
    claimed material.
    For additional information, the parties may wish to consult
    the following cases: Monsanto Company v. IEPA, PCB 88-194
    (December 15,
    1988); Monsanto Company v. IEPA, PCB 88—206
    (January
    5,
    1989);
    Marathon
    Petroleum
    Company
    v.
    IEPA,
    PCB
    88-179
    (January
    19,
    1989); Citizens Utilities v.
    IEPA, PCB 88—151
    (June
    22,
    1989,
    July 13,
    1989); Highland Supply Corp.
    v.
    IEPA, PCB 89—
    118
    (July 27,
    1989, August 31,
    1989,
    September 28,
    1989);
    Th~
    GricToleit Company v.
    IEPA, PCB 89—184
    (November 15,
    1989,
    November 29,
    1990); The Olin Corporation
    (Joliet Plant)
    v.
    IEPA,
    PCB
    89—72
    (November
    8,
    1990, November 29,
    1990); Allied—Signal
    134—89
    2
    Inc.
    v.
    IEPA, PCB 88—172
    (December 20,
    1990, January 10,
    1991);
    Quantum Chemical Corporation. USI Division v.
    IEPA, PCB 91-6
    (January 18,
    1991);
    In the Matter of: The Petition of Keystone
    Steel and Wire Company, AS 91—1 (February 28,
    1991); CWM Chemical
    Services Inc.
    v.
    IEPA, PCB 89—177
    (March 28,
    1991);
    Sexton
    Environmental Services v.
    IEPA,
    PCB 91—4
    (March 28,
    1991, April
    11,
    1991); and In the Matter of: Petition of Peoria Disposal
    Company for Adlusted Standard from 35 Ill. Adm Code 721 SubPart
    ~,
    AS 91—3
    (April 25, 1991).
    See Also, RES 84—1, In the Matter
    of: Designation of Personnel Authorized to have Access to “Trade
    Secret” Material in Accordance with 35
    Ill. Adm. Code 120,
    (June
    8,
    1984; and RES 86-2,
    In the Matter of: Designation of Personnel
    Authorized to have Access to “Trade Secret” Material in
    Accordance with 35
    Ill.
    Adin.
    Code
    120,
    (February
    6,
    1986).
    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 shall provide for final filings as expedi-
    tiously 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
    134—90
    3
    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 Illinois
    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 submissions,
    as well as the deadline for
    decision, including response time to such a motion.
    However, no
    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 M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby cert
    y that the above order was adopted on the
    ~L7LCT7-
    day
    of
    -
    ,
    1992,
    by a vote of
    7’
    Dorothy
    M.
    ,G~nn, Clelk
    Illinois Póflution Control Board
    134—91

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