ILLINOIS POLLUTION CONTROL BOARD

January 23, 1992

NATURAL GAS PIPELINE CO. OF

AMERICA,

Petitioner,

v

)

PCB 92—14

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by J. C. Marlin):

This matter conies before the Board upon receipt of an Agency

Recommendation dated January 21, 1992. The recommendation refers

to a request from Petitioner, Natural Gas Pipeline Co. of America

for a 30 day provisional variance for its Marion County facility

from the 90-day on-site limitations for hazardous wastes set forth

in 35 Ill. Adm. Code 722.134(b).

Upon receipt of the request the Agency issued its

recommendation, finding that the hazardous wastes must remain on—

site for longer than 90 days due to unforeseen, temporary and

uncontrollable circumstances and failure to grant the requested

30-day provisional variance would impose an arbitrary or

unreasonable hardship on Petitioner.

The responsibilities of the Agency and the Board in these

short—term provisional variances are different from the

responsibilities in standard variances. ~ Ill. Rev. Stat. 1989,

ch. 111½, pars. 1035(b) & (c). In provisional variances it is the

responsibility of the Agency to make the technical determinations

and finding of arbitrary or unreasonable hardship. The Board’s

responsibility is to adopt a formal Order, to assure the formal

maintenance of the record, to assure the enforceability of the

variance, and to provide notification of the action by a press

release.

Having received the Agency recommendation finding that a

denial of the request relief would impose an arbitrary and

unreasonable hardship the Board hereby grants Petitioner a

provisional variance from 35 Ill. Adm. Code 722.134(b) from January

12, 1992 to February 11, 1992.

IT IS SO ORDERED.

129—339

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—2-

I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certif that the above Order was adopted on the

~

day of ____________________________, 1992, by a vote of

~‘

‘—~‘orothyN. G~n, Clerk

Illinois Pol~ution Control Board

129—340