ILLiNOIS POLLUTION CONTROLBOARD
    February
    1,
    1996
    CATERPILLAR, INC.,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB96.-168
    )
    (Provisional Variance
    -
    RCRA)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by C.A.
    Manning):
    Pursuant to Section
    35(b)
    of the Environmental Protection Act (Act) (415 ILCS
    5/35(b)),
    Caterpillar, Inc. (Caterpillar) has requested that the Illinois Environmental Protection Agency
    (Agency) recommends that the Board &ant a provisional variance to allow Caterpillar’s facility in
    Peoria County to continue accumulating hazardous waste for a period in excess of 90 days.
    Such
    request for a provisional variance and the Notification ofRecommendation were filed with the
    Board by the Agency on Tuesday, January 30,
    1996.
    Pursuant to Section
    3
    5(b) ofthe Act,
    the
    Board must issue the variance within
    two
    (2) days of this filing.
    Specifically, the Agency recommends that we grant a 30-day provisional variance from the
    90-day limitation on the accumulation of hazardous wastes,
    as
    set forth in
    35
    Ill.
    Adm. Code
    722.134(b), forthe period from January 29,
    1996 to February 28,
    1996.
    Upon receipt of the request, the Agency issued its recommendation, noti~ingthe Board
    that
    due
    to
    unforeseen, temporary anduncontrollable circumstances,
    failure to grant the requested
    30-day provisional variance would impose an arbitrary
    or unreasonable hardship on the petitioner.
    Provisional variances are by their very nature temporary.
    The responsibilities ofthe
    Agency and the Board in these short-term provisional variances are different from the
    responsibilities in standardvariances.
    ($ç~
    415 ILCS 5/35(b) &
    3 6(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 oftherecord, to assure theenforceability ofthe variance, and to provide
    notification ofthe action by a press release
    2
    Having received the Agency recommendation notifying theBoard that a denial ofthe
    requested reliefwould
    impose an arbitrary orunreasonable hardship, the Board hereby grants the
    petitioner a provisional variance from 35
    Ill.
    Adm. Code 722.134(b) January 29,
    1996 to Febrw
    28,
    1996.
    IT IS SO ORDERED.
    Section 41 ofthe Act (415 ILCS
    5/41
    (1994)) provides for the appeal offinal Board
    orders within 35 days ofthe date ofservice ofthis order. The Rules ofthe Supreme Court of
    Illinois
    establish filing requirements.
    (See also
    35
    Ill.
    Adm. Code 101.246 “Motions for
    Reconsideration.”)
    I, Dorothy M. Gunn, Clerk ofthe
    ion Control Board,
    hereby certify that the
    above order was adopted on the/”~
    1996, by a vote of
    7-0
    Clerk
    Control Board
    Illinois

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