ILLINOIS POLLUTION CONTROL BOARD
    June 8, 2000
    EXXON MOBIL CORPORATION,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 00-213
    (Provisional Variance - RCRA)
    ORDER OF THE BOARD (by C.A. Manning):
    On June 6, 2000, the Illinois Environmental Protection Agency (Agency) filed a request
    for a provisional variance and notification of recommendation. The Agency recommends that
    the Board grant a one-day provisional variance. The provisional variance would allow this Will
    County petitioner to continue accumulating hazardous waste for a period in excess of 90 days.
    In making its recommendation, the Agency states that failure to grant the requested provisional
    variance for one day will result in an arbitrary or unreasonable hardship on the petitioner.
    The Board is required, in a provisional variance, to adopt a formal order, assure formal
    maintenance of the record, assure the enforceability of the variance, and provide notification of
    the action by press release. Pursuant to Section 35(b) of the Environmental Protection Act (415
    ILCS 5/35(b) (1998)), the Board must issue the provisional variance within two days of the
    filing. The Board grants the petitioner a provisional variance from the 90-day limitation on the
    accumulation of hazardous wastes, as set forth in 35 Ill. Adm. Code 722.134(b), for the period
    from May 23, 2000, to May 24, 2000.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 8th day of June 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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