ILLINOIS POLLUTION CONTROL BOARD
    March 18, 2004
     
     
    ISG HENNEPIN, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-160
    (Provisional Variance Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On March 15, 2004, ISG Hennepin, Inc. (ISG Hennepin) filed a petition asking the Board
    to review a February 4, 2004 determination of the Illinois Environmental Protection Agency
    (Agency). The petition recites that its is filed pursuant to Sections 35 and 37 of the
    Environmental Protection Act (Act), and Subpart B of Part 105 of the Board’s procedural rules.
    See
    415 ILCS 5/35, 37; 35 Ill. Adm. Code 105.Subpart B. The Agency denied ISG Hennepin’s
    request for provisional variance from various requirements of its permit for a Class I
    underground injection control permit located at its facility at Route 71 and I-180, Hennepin,
    Putnam County. The petition is accompanied by an Ohio attorney’s motion to appear
    pro hac
    vice
    .
     
    For the reasons below, the Board dismisses the petition as improperly filed. The motion
    to appear is accordingly denied as moot. But, petitioner is free to file a variance petition under
    Section 35(a) of the Act and 35 Ill. Adm. Code 104.Subpart B.
     
    Section 37(b) of the Act, as amended by P. A. 93-152, effective July 10, 2003 provides in
    pertinent part:
     
    Any person seeking a provisional variance pursuant to . . . Section 35[(b)] shall make a
    request to the Agency. The Agency shall promptly investigate and consider the merits
    of the request. If the Agency . . . denies the request, the person may initiate a proceeding
    with the Board under subsection (a) of Section 35 (emphasis added).
     
    Section 35(a) establishes the Board’s authority to grant variances, not to hear appeals of
    variance denials. The procedures for filing an action under Section 35(a) are found in Subpart B
    of Part 104 of the Board’s procedural rules.
    See
    35 Ill. Adm. Code 104.Subpart B.
     
    Nothing in this order dismissing this improper appeal prevents petitioner from filing a
    variance petition meeting the requirements of Section 35(a) of the Act and 35 Ill. Adm. Code
    104.Subpart B. This case is dismissed, and the docket is closed.
     
    2
     
    IT IS SO ORDERED.
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2002);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on March 18, 2004, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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