TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 180
PROCEDURES AND CRITERIA FOR REVIEWING
APPLICATIONS FOR PROVISIONAL VARIANCES
SUBPART A: INTRODUCTION
Section
180.101 Purpose
180.102 Definitions
SUBPART B: APPLICATIONS FOR PROVISIONAL VARIANCES
Section
180.201 Applicants
180.202 Requirements of the Written Application
180.203 Preliminary Review of the Application
180.204 Emergency Applications
SUBPART C: AGENCY DECISION MAKING
Section
180.301 Criteria for Reviewing Applications
180.302 Final Agency Action
180.303 Recommendation to the Board
SUBPART D: EXTENSIONS OF PROVISIONAL VARIANCES
Section
180.401 Applications for Extensions of Provisional Variances
180.402 Criteria for Reviewing Applications for Extensions of Provisional
Variances
AUTHORITY: Implementing and authorized by Section 35(b) of the
Environmental Protection Act (Ill. Rev. Stat. 1979, ch. 111 1/2, par.
1035(b).
SOURCE: Adopted at 5 Ill. Reg. 6341, effective June 2, 1981.
SUBPART A: INTRODUCTION
Section 180.101 Purpose
These rules establish the procedures and the criteria which the Agency
will use to review applications and to make recommendations to the
Pollution Control Board (Board) for granting provisional variances.
Section 35(b) of the Act states that such provisional variances shall be
granted by the Board "upon notification from the Agency that compliance on
a short term basis with any rule or regulation, requirement or order of
the Board, or with any permit requirement would impose an arbitrary or
unreasonable hardship."
Section 180.102 Definitions
Terms used in these rules are defined as in the Act and in the regulations
of the Board.
SUBPART B: APPLICATIONS FOR PROVISIONAL VARIANCES
Section 180.201 Applicants
a) Any person subject to the Environmental Protection Act and to the
rules or regulations, orders, or permit requirements of the
Board, and who has not been granted provisional variances in
excess of 90 days during the calendar year, may apply for a
provisional variance.
b) Applications may be submitted pursuant to either Section 180.202
or Section 180.204 of these rules.
Section 180.202 Requirements of the Written Application
a) Two copies of the application shall be sent to:
Illinois Environmental Protection Agency
Division of (Air Pollution Control, Water Pollution Control,
Land/Noise Pollution Control, Public Water Supplies,
as appropriate)
2200 Churchill Road
Springfield, Illinois 62706
b) The application shall include:
1) A statement identifying the regulations, Board Order, or
permit requirements from which the variance is requested;
2) A description of the business or activity for which the
variance is requested, including pertinent data on location,
size, and the population and geographic area affected by the
applicant's operations;
3) The quantity and types of materials used in the process or
activity for which the variance is requested, as
appropriate;
4) The quantity, types and nature of materials or emissions to
be discharged, deposited or emitted under the variance, and
the identification of the receiving waterway or land, or the
closest receiving Class A and Class B land use, as
appropriate;
5) The quantity and types of materials in drinking water
exceeding the allowable content, or other pertinent facts
concerning variances from the Board's public water supply
regulations;
6) An assessment of any adverse environmental impacts which the
variance may produce;
7) A statement explaining why compliance with the Act,
regulations or Board Order imposes arbitrary and
unreasonable hardship;
8) A description of the proposed methods to achieve compliance
with the Act, regulations or Board Order, and a timetable
for achieving such compliance;
9) A discussion of alternate methods of compliance and of the
factors influencing the choice of applying for a provisional
variance;
10) A statement of the period, not to exceed 45 days, for which
the variance is requested;
11) A statement of whether the applicant has been granted any
provisional variances within the calendar year, and the
terms and duration of such variances;
12) A statement regarding the applicant's current permit status
as related to the subject matter of the variance request;
13) Any Board orders in effect regarding the applicant's
activities and any matters currently before the Board in
which the applicant is a party.
Section 180.203 Preliminary Review of the Application
a) Within five working days of receipt of the application, the
Agency shall make a determination to accept the application for
review; to reject the application as incomplete, based on the
requirements of Section 180.202; or to reject the application as
outside the scope of relief provided by provisional variances,
applying the criteria in Section 180.301
b) If the application if rejected, notice of such rejection shall be
given to the applicant by certified mail, return receipt
requested. This notice of rejection shall include an explanation
of the Agency's decision.
1) Upon receipt of a notice of rejection for incompleteness,
the applicant may submit a complete application, which will
initiate the review process again.
2) Upon receipt of a notice of rejection as not within the
scope of relief of provisional variances, the applicant may
apply to the Board for a variance pursuant to Section 35(a)
of the Act.
c) If the applicant is accepted as complete and within the scope of
relief provided by provisional variances, review shall proceed
pursuant to Subpart C. The Agency shall give notice to the Board
of written applications which are accepted.
Section 180.204 Emergency Applications
Under emergency circumstances due to causes such as equipment
malfunctions, extreme weather conditions or other unforeseeable events,
the Agency will consider requests for provisional variances according to
the following procedures.
a) The applicant may notify the Agency of circumstances which it
believes justify granting a provisional variance on an emergency
basis.
b) The Agency shall investigate the circumstances of the request.
c) Based on the information obtained from the applicant and the
investigation, the Agency may recommend that the Board grant a
provisional variance.
d) The Agency may notify the applicant that certain information
described in subsection 180.202(b) must be submitted in writing
in support of the request for a provisional variance.
e) The applicant shall provide the information required under (d)
within ten working days of notification from the Agency.
SUBPART C: AGENCY DECISION MAKING
Section 180.301 Criteria for Reviewing Applications
a) Applications for provisional variances will be accepted for review
when all of the following circumstances exist:
1) The requested relief is short-term, i.e., not exceeding 45
days;
2) The applicant would experience arbitrary and unreasonable
hardship if required to wait for a variance pursuant to
Section 35(a) of the Act; and
3) The applicant has not been granted provisional variances
exceeding 90 days within the calendar year. For purposes of
calculating the 90 days during any calendar year, the number
of days of provisional variances granted by the Board shall
be totalled, regardless of when compliance was actually
achieved by the applicant.
b) In determining whether to recommend that the variance be granted,
the Agency will evaluate the information provided in the
application to meet the requirements of Section 180.202(b) or
180.204. Particular consideration will be given to the following
information:
1) Inclusion of a definite compliance program;
2) Evaluation of all reasonable alternatives for compliance;
and
3) Demonstration that any adverse impacts will be minimal.
Section 180.302 Final Agency Action
Within 30 days of receipt of an application for a provisional variance or
for an extension of a provisional variance, the Agency shall either
recommend that the Board grant the variance or notify the applicant and
the Board that the variance is denied using the procedures of Section
180.203(b).
Section 180.303 Recommendation to the Board
a) The Agency shall submit a recommended order to the Board by
personal service or by certified mail, return receipt requested.
If a written application was submitted, the Agency shall provide
a copy to the Board. The Agency may submit a statement
explaining or justifying its recommendation.
b) The recommended order shall state the number of days for which
the variance should be granted, any conditions to be imposed, and
a draft certification of acceptance.
SUBPART D: EXTENSIONS OF PROVISIONAL VARIANCES
Section 180.401 Applications for Extensions of Provisional Variances
An application for extension of an order granting a provisional variance
shall include:
a) Information as stated in Section 180.202(b)(7) through (10);
b) Any new information which modifies prior information given to
satisfy Section 180.202(b).
Section 180.402 Criteria for Reviewing Applications for Extensions of
Provisional Variances
The Agency shall review requests for extensions of provisional variances
and make recommendations to the Board in conformity with Subpart C of
these rules.