ILLINOIS POLLUTION CONTROL BOARD
    March 21,
    1996
    WISCONSIN STEEL WORKS,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB
    96-196
    )
    (Provisional Variance
    -
    RCRA)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by C.A. Manning):
    Pursuant to
    Section
    35(b)
    ofthe Environmental Protection Act (Act) (415 ILCS 5/35(b)),
    Wisconsin Steel Works (Wisconsin) has requested that the Illinois Environmental Protection
    Agency (Agency) recommend that the Board grant aprovisional variance to allow Wisconsin’s
    facility in Cook County to continue accumulating hazardous waste for a period in excess of 90
    days.
    Such request for a provisional variance and the notification of recommendation were filed
    with the Board by the Agency on Tuesday, March 19,
    1996.
    Pursuant to
    Section
    35(b)
    of the
    Act, the Board must issue the variance within two days of this filing.
    Specifically, the Agency recommends that we grant a 30-thy provisional variance from
    the 90-thy limitation on the accumulation of hazardous wastes, as set forth in 35 Ill. Adm. Code
    722.134(b), for the period from March
    14,
    1996 to April 13, 1996.
    Upon receipt of the request, the Agency issued its recommendation, notifying the Board
    that due to unforeseen, temporary and uncontrollable 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 of the
    Agency andthe Board in these short-term
    provisional variances are different from the
    responsibilities in standard variances.
    (S.~
    415 ILCS
    5/35(b)
    & 36(c)).
    In provisional variances
    it is the responsibility ofthe Agency to make the technical determinations and finding of
    arbitrary
    or uiireasonable 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 apress release.
    Having received the Agency recommendation notifying the Board thata denial of the
    requested relief would impose an arbitraryor unreasonable hardship, the Board hereby grantsthe
    2
    petitioner a provisional variance from 35
    Ill. Adm. Code 722.134(b) from March 14,
    1996 to
    April
    13, 1996.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41(1994)) provides for the
    appeal of final Board orders within 35 days of the date of service of this 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.
    Guim, Clerk of the Illinois Pollution Control Board, hereby certify that the
    above order was adopted on thea7/A’tday of
    Jt7A....cI,
    ,
    1996, by avote of
    7~O
    .
    Dorothy M. q4n,
    Clerk
    Illinois Polli.dión Control Board

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