ILLINOIS POLLUTION CONTROL BOARD
    February 6, 1997
    CLARK REFINING &
    MARKETING, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 97-132
    (Provisional Variance-RCRA)
    ORDER OF THE BOARD (by C.A. Manning):
    Pursuant to Section 35(b) of the Environmental Protection Act (Act) (415 ILCS
    5/35(b)), Clark Refining & Marketing, Inc. (Clark) has requested that the Illinois
    Environmental Protection Agency (Agency) recommend that the Board grant a provisional
    variance to allow Clark to continue accumulating hazardous waste for a period in excess of 90
    days. Such request for a provisional variance and the notification of recommendation was
    filed with the Board by the Agency on February 4, 1997. Pursuant to Section 35(b) of the
    Act, the Board must issue the variance within two (2) days of this filing.
    Specifically, the Agency recommends that we grant a 30-day 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 February 17, 1997 to March 19, 1997.
    Upon receipt of the request, the Agency issued its recommendation, notifying the
    Board that due to unforeseen, temporary and uncontrollable circumstances, failure to grant the
    requested 30-day provisional variance would impose an arbitrary or unreasonable hardship on
    the petitioner.
    Provisional variances are by their very nature temporary. The responsibilities of the
    Agency and the Board in these short-term provisional variances are different from the
    responsibilities in standard variances. (See 415 ILCS 5/35(b) & 36(c).) In provisional
    variances it is the responsibility of the Agency to make the technical determinations and
    finding of arbitrary or unreasonable hardship. The Board’s responsibility is to adopt a formal
    order, to assure the formal maintenance of the record, to assure the enforceability of the
    variance, and to provide notification of the action by a press release.
    Having received the Agency recommendation notifying the Board that a denial of the
    requested relief would impose an arbitrary or unreasonable hardship, the Board hereby grants
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    the petitioner a provisional variance from 35 Ill. Adm. Code 722.134(b) from February 17,
    1997 to March 19, 1997.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41(1994)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
    service of this order. The Rules of the Supreme Court of Illinois establish filing requirements.
    (See also 35 Ill. Adm. Code 101.246 “Motions for Reconsideration.”)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1997, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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