ILLINOIS POLLUTION CONTROL BOARD

November

4, 1993

NAVAL TRAINING

CENTER

)

GREAT LAKES, UNITED

STATES

)

DEPARTMENT

OF THE

NAVY,

)

)

Petitioner,

)

v.

)

PCB 93—207

)

(Variance)

ILLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER

OF ThE BOARD

(by J. Theodore Meyer):

This matter is before the Board on a petition for variance,

filed on November 1,

1993 by Naval Training Center Great Lakes,

United States Department of the Navy (hereafter,

NTC).

NTC

seeks

a variance from 35 Ill. Adm. Code 218.583 and 218.586.

After

reviewing

the

petition,

it appears that the petition is

deficient.

Specifically, the Board directs

NTC

to expand upon

its discussion of the reasons that it believes that compliance

with the regulations would impose an arbitrary or unreasonable

hardship.

NTC

is directed to file an amended petition within 45

days of the date of this order,

or the petition for variance will

be subject to dismissal.

The Board notes that for purposes of

calculation of the decision deadline pursuant to Section 38 of

the Environmental Protection Act, the filing of an amended

petition will restart the Board’s 120-day decision deadline.

Additionally, the Board notes that

NTC

has waived hearing.1

However, the Board believes that a hearing is required pursuant

to federal law.

(See 40

CFR

SS

51.102 and 51.104.)

If

NTC

believes that a hearing is not required,

it should address that

issue in its amended petition.

The Board also asks the Agency to

comment, by December 13,

1993, upon whether a hearing on this

petition is necessary pursuant to

the

Clean Air Act.

The Board notes that the petition did not contain an

affidavit in support of the material facts alleged in the

petition.

(See

35

Iii.

Adin.

Code 104.124.)

---

2

IT IS SO ORDERED.

I, Dorothy N. Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby cer

that the above order was adopted on

the

~L~tJ~

day of

~

1993, by a vote of

~

—

A.

Ill.

Control Board