)N

COJ”ROL

BOARD

13

4

TARACORP~

INCA,

Petitioner,

v

)

PCB 84~56

)

PCB 84~58

ILLINOIS

ENVIRONMENTAL

Respondent.

ORDER OF THE

BOARD

(by J~D

Durnelle):

This matter

comes before the Board

upon a May 1, 1984

petition

for review of perrrit denial and for

variance filed on

behalf of

Taracorp,

Inc

nlaracorp seeks review of

the Illinois

Environmental

Protectior Agency~s

(Agency~s)March 29,

1984

denial of

Taracorp

s applica ions for operating permits under th~

J3oard’s

air pollution regu at ora

with

respect to certain

operations

at its Grarrtc City plant~

Taracorp also contends

that the

requirement of Section 39(a)

of

the Environmental

Protection

Act that

i~

p~~n’~e

tIat those operations will

not

result

in

a violation

f ~Le

Act

or Board rules as a

prerequisite

to permit

issuance wou d lapo a

at’ arbitrary

or unreasonable

hardship.

Taracoip

treretore,

seeks

a variance from

that re—

quirernent,

in essence rccle3tJ

g to be exempted from the permit

requirement

in

itc~

en ir~Ll.

Taracorp las fa nioced ~ts dual recuests so as to be nearly

inextricably intertwine’~

The Board will, however, separate

them.

In a permit

apt eai

t~. ~juestionbefore the Board is

whether

the Aaencv rn~ce he oroper permitting determination based

upon

the infornatr

~‘

bc’o~

t at the time of that decision~

A

subsequently grart~dv riance affecting that facility is,

therefore,

irreleva~t

Cc versely, the decision on the permit

appeal

has no rol~anc~t

a decision on the variance request,

despite

the fact

tiat

~c

regue~tedvariance goes

to

the essence

of the

permit

reç1

rc en

Fu;thermore, the present permit

appeal

is adequate

ID

bc

ut~ior~izedfor hearing while the

variance

request ic

not, and the Board cannot delay the permit

appeal,

for which tte c ~s

i

~atutory deadline for final Board

action,

for the time

err d

c

;ing which the variance request is

58~57

---

amended

uo

~

appeal

i~ aut~

and

new

douke~

petition~ ~ia~

May

1,

1984,

~~1rre

~

paragraph

of

sec:~c~ ~

filing

are

hereby ~

as the

petition

inn

~3

04

be replaced

by

the anethed

Therefrc,

the permit

nndn. do~ctnumber PCB 84—56

a

for the varrance

~Fo~’

~‘aragraph

of

the

in

~Le

variance,

all

of

the

last

r

F~

pnnultimate

sentence

of

the

PCP

84

56

and

will

ne

considered

ong

with

oaragraph

9,

which

should

pet~tnnn

ordered

below~

The

Board

finns

at the peLition in BCE 84—58 is deficient.

First,

the

request

for re

~ef ~c

unclear~

As noted above,

Taracorp

appears

to reoucst v~~iaricefrom the necessity

of

demonstrating

compliance

iith the lead ambient

air

quality

standard

pursuant to 3~cthon39

a) of the

Act

rather

than from

the lead ambient

air quality standard itself.

If

so,

Taracorp is

requesting

variance

fro

the only

fundamental statutory

requirement

for

parr

I is~uance, ar’d

a question arises

as

to the

Board~s

authority

to gr n

~uct relief.

Second,

Taracorp

has not

presented a

descrip~i

o~t e activity for which variance has

been

requested,

irni

~

the ennntity of material used

(Sectic-

104,121(c)

Third,

~

~tated

the quantity and types

materials

discharg’C

~ct

~o

3~U1(d)~

Fourth,

it

has

not

described

the naturE

~ oresent non~compliance

Section

1O4~i21(~

S

t

~iasnot provided an assessment

of the

enviror’mcnta

L

S

~on

1O4~121(g)~

Sixth,

it

hac

not discussed

past ~nn

c~eve compliance

(Section

104,121(h)~

Scven’~

S

4~crsed alternative means o~

compliance

(Se~ti

nI,

finally, it has not

presented

“a co c

~?

nnt~ of the reasons

it

would

suffer

an arbi nn~

-

rd hip

(Sectior

104.121(j)

Unless

Tarannr~

the

date

of this

subject

to flsmi~

defects

may ap~ea

variance

reqiert

n’~

the

request

IT IS

d’

I,

Cthis

ar

~.

Control

Bo~~ç3her

j

the

vote

of

~

rethed petition within

45 days of

5C

the pet~ro~will be

~

~t’a

that some of t~ cited

IC’

nnt

‘n

I

e context of the oresent

r

y nnflect on tie prouniety of

f the Illirois Pollution

~

~c

-bove Order was adopted on

~Th~2nn.

1984 by a

~ ~

stan L~MoffeE~lerk

~

Pollution Control Board