ILLINOIS POLLUTION CONTROL BOARD
    November 4, 1993
    GENERAL CHEMICAL CORPORATION,
    )
    (Chemical Manufacturing Plant),
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 93—178
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by H. Nardulli):
    This matter comes before the Board on an “Amended Petition
    to Extend Variance” filed by General Chemical Corporation (GCC)
    on October 27, 1993. The amended petition was filed in response
    to the Board’s October 7, 1993 order noting several deficiencies
    in the original petition. The amended petition seeks an
    extension to the variance granted to GCC’s facility in Fairauont
    City, St. Clair County, Illinois on June 3, 1993, in PCB 92—217.
    In PCB 92-217, the Board granted GCC a variance front 35 Ill. Adm.
    Code 212.322(a) until December 1, 1993. GCC is seeking to extend
    the date of the variance until February 1, l~94.
    GCC requests the incorporation of the entire record and the
    opinion and order of the Board in PCB 92-217. GCC also requests
    that the requirement of filing four copies of the documents for
    incorporation be waived due to the availability of the documents
    to the Board.
    The Board will grant GCC’s request to incorporate the record
    front PCB 92-217 and waive the filing requirements for
    incorporation of prior proceedings found in 35 Ill. Adm. Code
    101.106. The filing requirements state that a separate written
    request for incorporation shall be made and that four copies of
    the material to be incorporated be submitted to the Board. The
    Board holds that the filing of documents in accordance with the
    procedural rules is critical to the Board’s operation. However,
    the Board finds that the circumstances surrounding this petition
    favor the granting of an exception to the procedural rules. The
    Board finds that a waiver of the filing requirements is
    appropriate due to the volume of the prior proceeding, the short
    term of the extension requested, the relevance of the prior
    proceeding, the nature of the extension requested and the
    availability of the documents front the prior proceeding.
    The filing of the amended petition restarted the Board’s
    decision time clock for this variance. (35 Ill. Adm. Code
    104.220.) GCC has waived its right to request a hearing in this
    2
    matter.’ Therefore, the Board will await the recommendation front
    the Environmental Protection Agency (Agency) before proceeding on
    the petition for variance. The recommendation front the Agency is
    to be filed within 30 days of the filing of the amended petition.
    (35 Ill. Adin. Code 104.180.)
    IT IS SO ORDERED.
    I, Dorothy H. Gunn, Clerk of the Illinois Pollution Control
    Board, h eby certify that. e above order was adopted on the
    ____________day of
    ,
    1993, by a vote of
    Dorothy H. Gu~(, Clerk
    Illinois PolYytion Control Board
    Under the Clean Air Act (42 U.S.C. 7501 et.
    seq.)
    a State
    Implementation Plan (SIP) submittal, subject to reasonable notice
    and comment, is required for any variance front the applicable
    emissions in an non—attainment area. GCC is located in an
    attainment area and a SIP submittal is not required. Therefore,
    a hearing is not required for this variance extension. (See
    General Chemical Corp. v. IEPA (February 4, 1993), PCB 92—217.)

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