ILLINOIS POLLUTION CONTROL BOARD

June

5,

1986

REILLY TAR AND CHEMICAL CORPORATION,

Petitioner,

v.

)

PCB 86—67

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by 3. Anderson):

On May

13, 1986 Reilly Tar and Chemical Corporation filed

a

petition

for variance from certain

of the Board’s RCRA

regulations.

This

is

the

first RCRA variance request,

and the petition

is

incomplete

in some respects, as the RCRA variance procedural

rules contain certain special provisions.

The Board

urges

the

petitioner

to review

all

of them prior

to

filing an amended

petition.

The petition

is deficient

in that

it fails to comply with

the following RCRA procedural requirements adopted by the Board

in R84—lO on December

20, 1984;

all section references are to

35

Ill. Adm.

Code:

1.

Section 104.122(e).

No indication of compliance with federal

law.

(See Section 104.122(e)).

2.

Failure

to identify as

a RCRA variance.

(See Section

104.126(a)).

3.

Failure

to attach portion of RCRA permit application.

(See

Section

104.126(c)).

4.

Failure

to provide proof

of service on

the USEPA.

(See

Sections 104.126(d)

and 104.142(a)).

5.

The

petition

also

does

not

contain

a

compliance

plan.

(See

Section

104.121(f)).

Intent

to

ask

for

variance

extensions

indefinitely

is not an acceptable approach.

70-145

---

—2—

Unless

an amended petition curing

the above—noted

deficiencies

is filed within 45 days

of

the date of this Order,

this matter will be subject

to dismissal.

IT

IS SO ORDERED.

I, Dorothy

M. Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certify that the above Order was adopted on

the 3~Z-day of

~

,

1986, by

a vote of 7-o

t!~

/

/~

~(~/

Dorothy M.

G’unn,

Clerk

Illinois Pollution Control Board

70-146