ILLINOIS POLLUTION CCNTRCL BOARD
    December
    18,
    1986
    UNION CARBIDE CORP.,
    )
    Petitioner,
    v
    )
    PCB 86—214
    ILLINOIS ENVIRONMENTAL
    PRCTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by 3. Anderson):
    Pursuant to
    35
    Ill.
    Adm. Code 722.134(b),
    Petitioner seeks
    a
    30—day extension,
    from December
    6,
    1986
    to January
    5,
    1987,
    of
    the ninety
    (90) day maximum holding period
    for on—site
    accumulation of hazardous waste
    by means of
    a provisional
    variance.
    The
    Illinois Environmental Protection Agency (Agency)
    has found
    that compliance with Section 722.134 would
    impose
    an
    arbitrary or
    unreasonable hardship on petitioner
    and recommends
    that petitioner
    be granted provisional variance.
    Attached
    to the Agency recommendation is
    a letter containing
    statements
    that the Agency had granted
    a prior
    30 day extension
    to the petitioner
    and that petitioner
    is requesting
    a second 30
    day extension.
    (See attached letter, marked by the Board
    as Exh.
    A).
    Section 722.134(b) was adopted pursuant
    to
    the “identical
    in
    substance” provisions of Section 22.4(a) of the Environmental
    Protection Act
    (Act).
    The Board construes
    the federal
    regulations,
    as reflected
    in Section 722.134(b),
    as precluding
    any extensions which,
    cumulatively, would
    total more than
    30
    days.
    Therefore,
    the Board
    finds that
    it lacks the authority
    to
    grant this provisional variance.
    If the Agency can demonstrate
    that the USEPA construes the “identical
    in substance”
    regulation
    in
    a manner that would allow the Board
    to grant this provisional
    variance, the Board would
    entertain
    a motion
    for reconsideration.
    This Opinion constitutes the Board’s findings of
    fact and
    conclusions of law in this matter.
    74-307
    —2—
    ORDER
    The petition of Union Carbide Corp.
    for
    a provisional
    variance pursuant
    to 35
    Ill.
    Adrn.
    Code 722.134(b)
    is denied.
    IT
    IS SO ORDERED.
    3.
    T.
    Meyer dissented.
    I,
    Dorothy
    M.
    Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certify ~t
    the above Opinion
    and Order was
    adopted
    on
    the
    ~
    day of
    ~
    ,
    1986
    by a vote
    of
    ~5~—/
    /L
    ~
    ,~.
    Dorothy
    M.
    dunn,
    Clerk
    Illinois Pollution Control
    Board
    74.308
    AR
    ETJLSION
    ~
    ri
    UNION CA~B~DE
    CO~POnATtON
    •
    12840
    SOUTH
    PULASKI
    ROAD. ALSIP. IL
    60658-1999
    (312) 396.3000
    November
    26.
    1986
    ir.
    Clifford
    Gould
    ~cting
    Regional
    Manager
    Ilinois
    Regional
    Manager
    701
    South
    First
    Street
    -
    Suite
    600
    Aaywood,
    Illinois
    60153
    Union
    Carbide
    Corporation
    USEPA
    No.
    1LD069998078
    Illinois
    Gen.
    ID
    No.
    0310035001
    )ear
    Mr.
    Gould:
    In
    your
    letter
    dated
    November
    6,
    1986
    you
    granted
    a
    thirty
    (30)
    day
    extension
    or
    the
    accumulation
    of
    our
    hazardous
    waste
    labelled
    “Waste
    Alkaline
    Liquid,
    N.O.S.
    -lazardous
    Waste
    NA1719,
    Corrosive
    Material”
    starting
    on
    October
    28,
    1986.
    This
    ~xtension
    was
    given
    to
    allow
    us
    time
    to
    make
    arrangements
    with
    Chemical
    \\aste
    Manage-
    nent
    for
    the
    disposal
    of
    this
    material.
    During
    the
    first
    week
    of
    November
    a time
    “slot”
    was
    arranged
    with
    Chemical
    Vaste
    Management
    for
    pickup
    of
    this
    material
    on
    November
    25,
    1986
    and
    delivers’
    to
    :ne
    rwi
    facility
    in
    Sauget,
    Illinois.
    On
    the
    day
    it
    was
    to
    be
    picked
    up.
    Chemical
    Waste
    ~‘1anagement
    notified
    us
    that
    they
    would
    not
    be
    able
    to
    take
    our
    waste
    until
    Decembe:-
    :8,
    1986.
    Ms.
    Sue
    Martin
    at
    T~\Iexpiained
    that
    they
    had
    scheduled
    this pickup
    based
    on
    new
    incinerator
    which
    was
    to
    go
    on
    line
    in
    November.
    At
    this
    time
    the
    equipment
    has
    ~ot been
    totally
    commissioned
    and
    T\\I
    expects
    that
    it
    will
    be
    another
    two
    weeks
    before
    t
    is.
    For
    the
    reasons
    listed
    above,
    I would
    like
    to request
    a
    second
    thirty
    (30)
    day
    ~xtension
    of
    the
    ninety
    (90)
    day
    maximum
    holding
    period
    so
    that
    we
    can
    have
    this
    material
    properly
    disposed
    of.
    Thank
    you
    ag~:rifor
    your
    earher
    help
    and
    would
    appruciate
    vo~rfurther
    :onsideration
    in
    the
    resolution
    of
    this
    matter.
    Sincerely,
    -
    K.
    C.
    Morlock
    Plant
    Manager
    ~
    KGM:amk
    ~
    \..
    *_•~)
    ._,
    1~.,—,.,
    ILL.
    E.P.A.
    -
    “C
    STATE
    C~
    IL:L
    74.309

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