ILLINOIS POLLUTION CONTROL BOARD

September 26,

1991

RIVERSIDE LABORATORIES,

Petitioner,

v.

)

PCB 91—161

(Variance)

ILLINOIS, ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by J.

C. Marlin):

On September 23, 1991, the Agency filed a motion for extension

of

time

in

which

to

file

its

Recommendation

in

this variance

proceeding.

In support thereof,

the Agency notes that petitioner

seeks relief from certain of the Board’s RACT rules adopted in R91-

7.

The Agency notes that these rules are “substantially the same”

as those adopted by the USEPA

in its Federal Implementation Plan

(FIP)

at 55 Fed. Reg. 26814, June 29, 1990.

The Agency states that

petitioner

has

appealed

the

FIP promulgation,

and

is

currently

negotiating its appeal with USEPA.

The Agency asserts that “the

results

of

these

negotiations

could

significantly

impact

the

substance and even necessity”

for the relief requested here,

and

that negotiations are expected to conclude “within the foreseeable

future.”

The Agency further states •that petitioner has expressed

no objection to the granting of this motion,

and has waived the

decision date in this matter.

The

Board notes that no hearing

in this matter

is presently

scheduled and

that the

decision deadline

has been waived

until

April

1,

1992.

The Board will

accordingly

grant

the Agency

an

extension

of time through January

1,

1992

in which

to

file

its

Recommendation.

In

the

event

a

further

waiver

is

received,

however,

the Hearing Officer

is

authorized to grant

an extension

of the time for the filing of the Agency’s Recommendation provided

that it is received no later than the 90th day prior to the Board’s

decision deadline.

IT IS SO ORDERED.

126—331