ILLINOIS POLLUTION CONTROL BOARD
    July 11, 1986
    LTV STEEL COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 84—ill
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    LTV STEEL COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 86—96
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (By 3. Anderson):
    On June
    30,
    1986, LTV filed
    a “petition for extension of
    variance granted in PCB 84—111”, which was docketed as PCB 86—
    96.
    The short
    term variance granted
    in PCB 84—ill expiring July
    1,
    1986 was premised
    in part on the Board’s observation that LTV
    “may receive
    a final decision on whether or not site—specific
    relief is justified within approximately one year,
    if such relief
    is diligently pursued”.
    LTV notes that
    it had in
    fact, done so,
    and that the Board had adopted a First Notice proposal
    in that
    docket, R84—48, on March 27, 1986.
    The pleading further recites that LTV has been “informed
    that the Board has not and will not finally act on R84—48
    pending
    resolution of questions concerning
    the Bord’s
    sic
    authority
    to grant site—specific rulemaking”.
    The Board takes
    administrative notice that legislation clarifying that authority
    (SB 2117 and NB 2574) was
    recently passed by the General Assembly
    and awaits action by the Governor.
    Under the unique circumstances of this case, which involves
    various factors beyond LTV’s control which could not have earlier
    been anticipated,
    the Board
    finds that this request
    is best
    treated as a motion for
    relief from a final
    order pursuant
    to 35
    71-4
    —2—
    Ill..
    Adm. Code 103.241,
    rather than as
    a new variance petition..
    Docket PCB 86—96
    is therefore dismissed, and the request will be
    handled
    in Docket PCB 84—ill.
    In responding
    to this motion,
    the
    Agency is specifically requested to address the conformity of
    this request and procedure with federal requirements.
    IT IS SO ORDERED.
    I,
    Dorothy
    M. Gunn, Clerk
    of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    /r~
    day of
    _________________
    ,
    1986 by
    a vote of
    C~
    /
    _
    ~.___
    ___
    Dorothy M.7~inn,Clerk
    Illinois Pollution Control Board
    71-5

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