ILLINOIS POLLUTION CONTROL
    BOARD
    February
    4,
    1993
    GENERAL CHEMICAL CORPORATION,
    )
    (Chemical Manufacturing Plant),
    )
    Petitioner,
    )
    v.
    )
    PCB 92—217
    (Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by B. Forcade):
    On January 22,
    1993,
    the Illinois Environmental Protection
    Agency
    (Agency) filed
    a Motion to Reconsider Board Order.
    On
    January 29,
    1993, the Agency filed a Motion to Extend Time to
    File Response.
    The Agency requests an extension of 45 days in which to file
    the Agency’s response to petitioner’s request for variance.
    The
    additional time is required to ensure a thorough and complete
    review of the issues raised by the petition.
    The Agency notes
    that General Chemical Corporation (General Chemical) has filed
    a
    waiver of the decision deadline and does not object to allowing
    the Agency until March
    18, 1993 to file its recommendation.
    The
    Board grants the Agency’s motion for a 45 day extension in which
    to file its response to the variance.
    In the motion to reconsider,
    the Agency seeks
    reconsideration of the Board order denying General Chemical’s
    waiver of hearing.
    The Board,
    in its January
    7,
    1993 order,
    declined to accept the waiver of hearing, stating that a hearing
    is required for an air variance and cannot be waived.
    The Agency argues that 35 Iii.
    Adxn. Code 104 provides that
    the petitioner may waive a hearing for a variance request
    providing that no objection to the variance is filed within 21
    days and the petition is not a RCRA variance.
    The Agency notes
    that this is not a RCRA variance and no objection has been filed.
    The Agency notes that under the Clean Air Act
    (42 U.S.C 7501 et.
    sea.)
    a State Implementation Plan
    (SIP)
    submittal,
    subject to
    reasonable notice and comment,
    is required for any variance from
    the applicable emissions in a nonattairnnent area.
    Therefore, the
    Agency maintains that a petitioner may not waive hearing if
    a SIP
    submittal is required.
    The Agency contends that no SIP submittal
    is required if this variance is granted because the facility is
    not located in a nonattaininent area.
    Upon reconsideration, the Board rescinds its order of
    January
    7,
    1993 and accepts the waiver of the hearing requirement
    0
    L 39-0095
    in this matter.
    The Board will wait for the filing of the Agency
    response before proceeding in this matter.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Boar~,hereby certify )that the above order was adopted on the
    ~
    day of
    ________________,
    1993, by a vote of_______
    Dorothy M./~unn,Clerk
    Illinois P~1utionControl Board
    0139-0096

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