ILLINOIS POLLUTION CONTROL BOARD
    January 5, 1989
    SHELL OIL COMPANY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 88-188
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    )
    ORDER OF THE BOARD (by J. Anderson):
    On December 19, 1988, Shell Oil Company (Shell) filed a response to the
    Board’s “more information” Order of November 17, 1988 that addressed Shell’s
    variance petition filed November 16, 1988. The variance petition seeks relief
    from the Board’s noise regulations.
    In its response, Shell requests the Board to vacate its prior order. In
    its ‘more information” Order, the Board stated in part that “Shell’s petition
    is deficient insofar as it fails to reflect the amended measurement procedures
    applicable to Section 901 as amended in R83—7.”
    Shell asserts in its response that it is seeking a variance for constant
    noise sources, not the fluctuating noise sources for which the measurement
    procedures were changed in R83-7. Also Shell attached an affidavit of its
    noise consultant, Mr. George W. Kamperman, attesting to the non—applicability
    of the R83—7 amendments.
    The Board will not vacate its prior order; Shell’s response is accepted
    as an amended petition. The information provided in Shell’s response is not
    Contained in its variance petition; pursuant to the Board’s procedural rules
    35 Ill. Adm. Code 104.121, the Board properly ordered Shell to address R83—7,
    Particularly since the variance petition was silent as to whether the noise
    sources were asserted to be steady-state or fluctuating.
    However, insofar as Shell is concerned about the new due date causing a
    hardship due to delay in the variance proceeding, the Board will construe
    Shell ‘s concerns as a request for expedited consideration. In this regard,
    the Board requests the hearing officer to schedule a hearing in this matter as
    expeditiously as is practicable.
    This matter is accepted for hearing.
    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
    (~
    5—75
    —2-
    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 expeditiously 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
    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 75 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 decisionmaking, 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 set a date pursuant to the
    fourth paragraph of this Order, and to adhere to that Order until modified.
    IT IS SO ORDERED.
    ~5—76
    —3—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby
    certify that the above Order was adopted on the
    ~
    day ~
    1989, by a vote of
    ________
    Clerk
    Illinois Pol’~utionControl Board
    95—7 7

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