Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21703

approval action will incorporate these

rules into the federally approved SIP.

The intended effect of approving these

rules is to regulate emissions of VOCs in

accordance with the requirements of the

CAA.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

Regulatory Process

The OMB has exempted this action

from review under Executive Order

12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: April 6, 1995.

Nora L. McGee,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart F—California

2. Section 52.220 is amended by

adding paragraphs (c) (191)(i)(C) and

(198)(i)(E) to read as follows:

52.220 Identification of plan.

* * * * *

(c) * * *

(191) * * *

(i) * * *

(C) San Bernardino County Air

Pollution Control District.

(1) Rule 463, adopted on November 2,

1992.

* * * * *

(198) * * *

(i) * * *

(E) Mojave Desert Air Quality

Management District.

(1) Rules 461 and 462, adopted on

May 25, 1994.

* * * * *

[FR Doc. 95–10816 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–W

40 CFR Part 52

[WA25–1–6520a; FRL–5190–1]

Approval and Promulgation of

Implementation Plans: Washington

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: Environmental Protection

Agency (EPA) is approving in part,

disapproving in part, and taking no

action on the Regulations of the

Southwest Air Pollution Control

Authority (SWAPCA) for the control of

air pollution in Clark, Cowlitz, Lewis,

Skamania, and Wahkiakum Counties,

Washington, as revisions to the

Washington State Implementation Plan

(SIP). These Regulations were submitted

by the Director of the Washington State

Department of Ecology (WDOE) on April

11, 1994. In accordance with

Washington statutes, SWAPCA rules

must be at least as stringent as the

WDOE statewide rules.

DATES: This action will be effective on

July 3, 1995 unless adverse or critical

comments are received by June 2, 1995.

If the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Written comments should

be addressed to: Montel Livingston, SIP

Manager, Air Programs Branch (AT–

082), EPA, Docket # WA25–1–6520,

1200 Sixth Avenue, Seattle, Washington

98101.

Documents which are incorporated by

reference are available for public

inspection at the Air and Radiation

Docket and Information Center, EPA,

401 M Street, SW, Washington, D.C.

20460. Copies of material submitted to

EPA may be examined during normal

business hours at the following

locations: EPA, Region 10, Air Programs

Branch, 1200 Sixth Avenue (AT–082),

Seattle, Washington 98101, and

Washington Department of Ecology, PO

Box 47600, Olympia, Washington

98504.

FOR FURTHER INFORMATION CONTACT:

Kelly McFadden, Air Programs Branch

(AT–082), EPA, Region 10, Seattle,

Washington 98101, (206) 553–1059.

SUPPLEMENTARY INFORMATION:

I. Background

On April 11, 1994, the Director of

WDOE submitted to EPA Region 10

regulations for SWAPCA affecting Clark,

Cowlitz, Lewis, Skamania, and

Wahkiakum Counties. SWAPCA and

WDOE held joint public hearings on

June 15, 1993 and September 21, 1993,

to receive public comments on the

revisions to SWAPCA’s rules and the

submittal to EPA as a revision to the

Washington SIP.

SWAPCA requested that the WDOE

submit these additions to EPA for

incorporation into the Washington SIP.

II. Description of Plan Revisions

The SWAPCA amendments submitted

by WDOE on April 11, 1994 for

inclusion into the Washington SIP are

local air pollution regulations which are

at least as stringent as the statewide

rules of the WDOE. EPA is approving in

part, disapproving in part, and taking no

action on the various portions of

SWAPCA’s submitted regulations. In

this rulemaking, EPA is approving the

following sections, except as noted,

adopted by SWAPCA on September 21,

1993 under SWAPCA Regulation 400,

General Regulations for Air Pollution

Sources, as a revision to the Washington

SIP:

400–010 Policy and Purpose

400–020 Applicability

400–030 Definitions, except the

second sentences of (14) and (43)

400–040 General Standards for

Maximum Emissions, except (1) (c)

and (d), (2), (4), and the exception

provision of (6)(a)

400–050 Emission Standards for

Maximum Emissions, except the

exception provision in (3)

400–052 Stack Sampling of Major

Combustion Sources

400–060 Emission Standards for

General Process Units

400–070 Emission Standards for

Certain Source Categories, except

(7)

400–081 Startup and Shutdown

400–090 Voluntary Limits on

Emissions

400–100 Registration and Operating

Permits, except the first sentence of

(3) (a)(iv), (a)(v) and (5)

400–101 Sources Exempt From

Registration Requirements

400–105 Records, Monitoring and

Reporting

400–107 Excess Emissions

400–110 New Source Review

400–112 Requirements for New

Sources in Nonattainment Area

400–113 Requirements for New

Sources in Attainment or

Nonclassifiable Areas
21704 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

400–114 Requirements for

Replacement or Substantial

Alteration of Emission Control

Technology at an Existing

Stationary Source

400–151 Retrofit Requirements for

Visibility Protection

400–161 Compliance Schedules

400–171 Public Involvement

400–190 Requirements for

Nonattainment Areas

400–200 Creditable Stack Height and

Dispersion Techniques

400–205 Adjustment for Atmospheric

Conditions

400–210 Emission Requirements of

Prior Jurisdiction

400–220 Requirements for Board

Members

400–230 Regulatory Actions

400–240 Criminal Penalties

400–250 Appeals

400–260 Conflict of Interest

The following discussion of sections

in SWAPCA Regulation 400, explains

which sections EPA is approving,

disapproving, or taking no action on.

The following actions are being

approved unless exceptions are noted:

Section 010—Policy and Purpose,

explains SWAPCA’s goals and policies.

Section 020—Applicability, explains

over what sources and area SWAPCA’s

regulations apply. EPA finds that

Section 030—Definitions, are consistent

with the requirements of 40 CFR Part

51, Subpart I, however the second

sentences of definitions (14) Class I area

and (43) Mandatory Class I area are not

being acted on as they may create a

future conflict if a SWAPCA source is

found to affect a Class I area that is not

listed. Section 030 Definition (78) SIP

shall be approved as its changed to read

‘‘* * * and approved by EPA’’ rather

than ‘‘* * * and submitted to EPA for

approval’’. Section 040—General

Standards for Maximum Emissions,

details the maximum emissions allowed

within SWAPCA’s jurisdiction for those

emission units emitting criteria

pollutants and that are not more

specifically controlled by SWAPCA

Sections 050 through 075. Section

040(1) (c) and (d) are being disapproved

due to their allowance for the

establishment of alternative opacity

limits. EPA is also disapproving the

exception provision of Section 040(6)(a)

which provides an exception to the

sulfur dioxide emission limitation. EPA

is taking no action on Section 040(2)

Fallout and Section 40(4) Odors as these

provisions are not related to the criteria

pollutants regulated under the SIP.

Section 050—Emission Standards for

Combustion and Incineration Units,

contains more specific requirements

than Section 040, and is included for

those emission units that incinerate or

combust as part of their operation

process, but the exception provision in

paragraph (3) allows for the

establishment of an alternative oxygen

correction factor for combustion and

incineration sources and is therefore

being disapproved. Section 052—Stack

Sampling of Major Combustion Sources,

contains requirements for particular

sources to monitor or conduct emissions

testing in order to prove compliance for

their applicable pollutants. Section

060—Emission Standards for General

Process Units, explains the maximum

particulate matter permitted for those

process units not specifically covered in

SWAPCA Sections 050 through 075 and

references the procedures that may be

used to determine source compliance.

EPA is approving Section 070—

Emission Standards for Certain Source

Categories except for subsection (7)—

Sulfuric Acid Plants, where no action is

taken as it is not related to the criteria

pollutants regulated under the SIP. No

action is being taken on Section 075—

Emission Standard for Sources Emitting

Hazardous Air Pollutants because it has

no relation to the criteria pollutants that

are regulated under the SIP. Section

081—Startup and Shutdown, establishes

a requirement that State and local air

pollution control authorities consider

any physical constraints on the ability

of a source to comply with a standard

whenever an authority promulgates a

technology-based emission standard or

makes a control technology

determination. Where the authority

determines that the source is not

capable of achieving continuous

compliance with a standard during

startup or shutdown, the authority shall

establish appropriate limitations to

regulate the performance of the source

during startup or shutdown conditions.

Section 090—Voluntary Limits on

Emissions, provides a mechanism for

the owner or operator of a source to

apply for, and obtain, enforceable

conditions that limit the source’s

potential to emit. Section 100—

Registration and Operating Permits,

explains those sources that need to

register with SWAPCA for operation.

The portions that are not being acted on

eliminate the requirement for operating

program sources to pay a fee due to

EPA’s approval of SWAPCA’s Operating

Permit Program. Section 101—Sources

Exempt From Registration

Requirements, lists the emissions units

that are exempt from registration with

the Authority and the requirement to

maintain sufficient documentation to

prove such. Section 105—Records,

Monitoring and Reporting, explains the

steps that notified sources must follow

in order to comply with the applicable

emission limitations and control

measures required by SWAPCA. Section

107—Excess Emission, establishes

requirements for reporting periods of

excess emissions and the procedures

and criteria for determining, in the

context of an enforcement action, when

such excess emissions are unavoidable

and could therefore be excused and not

subject to penalty. Section 110—New

Source Review, includes the procedures

for submittal of applications, making

completeness determinations and final

determinations, and appeals of orders of

approval. Section 112—Requirements

for New Sources in Nonattainment

Areas, specifies the requirements for

new and modified major and minor

stationary sources proposing to locate in

designated nonattainment areas. Section

113—Requirements for New Sources in

Attainment or Nonclassifiable Areas,

specifies the requirements for new and

modified major and minor stationary

sources located in attainment areas.

Section 114—Requirements for

Replacement or Substantial Alteration

of Emission Control Technology at an

Existing Stationary Source, explains the

procedure that is to be followed when

replacing or altering the emission

control technology on an existing

stationary source. EPA is taking no

action on Section 115—Standards of

Performance for New Sources, as this

provision is not related to the criteria

pollutants regulated under the SIP. EPA

is disapproving the following: Section

120 Bubble Rules, Section 130

Acquisition and Use of Emission

Reduction Credits, Section 131 Issuance

of Emission Reduction Credits, and

Section 136 Use of Emission Reduction

Credits; as these regulations do not

comply with the requirements of EPA’s

Final Emissions Trading Policy

Statement (51 FR 43814) for sourcespecific alternative emission limits

(bubbles) and creditable emission

reductions for new source permitting.

Section 141—Prevention of Significant

Deterioration (PSD) is being

disapproved as it does not meet the

requirements of 40 CFR 51.166. Section

151—Retrofit Requirements for

Visibility Protection, requires sources

that may cause or contribute to

impairment of visibility by emitting

more than 250 tons/yr of any

contaminant and affecting any

mandatory Class I area to apply

technology to reduce that impairment.

Section 161—Compliance Schedules,

allows SWAPCA to issue a schedule to

sources violating an emission standard,
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21705

or another provision of regulation 400,

which will bring the source into

compliance within a specified period of

time. Section 171—Public Involvement,

lists which types of application or other

actions require public notice, and what

constitutes public notice. The inclusion

of Section 172—Technical Advisory

Council, is not a requirement of the

Clean Air Act, and does not directly

apply to the regulation of the criteria

pollutants, and thus is not being acted

for inclusion into the SIP. Section 180—

Variance, is being disapproved because

it allows SWAPCA to grant a variance

to the requirements governing the

quality, nature, duration, or extent of

discharges of air contaminants. Section

190—Requirements for Nonattainment

Areas, requires consultation with local

government and public involvement.

Section 200—Credible Stack Height and

Dispersion Techniques, explains how to

determine a source’s credible stack

height. Section 205—Adjustment for

Atmospheric Conditions, prohibits

varying the emissions rate in response

to the varying atmospheric conditions.

Section 210—Emission Requirements of

Prior Jurisdictions, requires that the

more stringent standards apply when

jurisdiction is transferred. Section 220—

Requirements for Board Members,

prohibits Board members from

administering enforcement programs in

which a significant portion of their

income is derived. Section 230—

Regulatory Actions, explains the

enforcement actions to be taken by

SWAPCA when its regulations have not

been followed. Section 240—Criminal

Penalties, subjects violators of

SWAPCA’s regulations to the provisions

of RCW 70.94.430. Section 250—

Appeals, explains who appeals may be

made to and under what circumstances.

Section 260—Conflict of Interest,

explains that all board members and

officials that vote on air pollution

sources must comply with the Federal

Clean Air Act.

SWAPCA’s regulations are similar to

the state of Washington’s WAC 173–400,

and therefore if a more detailed

explanation of the approvals/

disapprovals is wanted, one should refer

to the January 15, 1993 (58 FR 4578)

Federal Register notice.

III. Summary of EPA Action

EPA is approving the following

sections, with the following exceptions,

of SWAPCA 400—General Regulation

for Air Pollution Sources: 010; 020; 030

except the second sentences of (14) and

(43); 040 except (1)(c) and (1)(d) (2) (4)

and the exception provision of (6)(a);

050 except the exception provision of

(3); 052; 060; 070 except (7); 081; 090;

100 except the first sentence of (3)(a)(iv)

and (5); 101; 105; 107; 110; 112; 113;

114; 151; 161; 171; 190; 200; 205; 210;

220; 230; 240; 250; and 260.

EPA is disapproving the following

sections: 040(1) (c) and (d); the

exception provision of 040(6)(a); the

exception provision in 050(3); 120; 130;

131; 136; 141; and 180.

EPA is taking no action on the

following sections: the second sentence

of 030 (14) and (43); 040(2); 040(4);

070(7); 075; the first sentence of

100(3)(a)(iv); 100(3)(a)(v); 100(5); 115;

and 172.

IV. Administrative Review

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, Part D of the CAA do not

create any new requirements, but

simply approve requirements that the

state is already imposing. Therefore,

because the federal SIP-approval does

not impose any new requirements, I

certify that it does not have a significant

impact on any small entities affected.

Moreover, due to the nature of the

federal-state relationship under the

CAA, preparation of a regulatory

flexibility analysis would constitute

federal inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S.E.P.A., 427

U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C.

7410(a)(2).

The EPA is publishing this action

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective July 3, 1995

unless, by June 2, 1995, adverse or

critical comments are received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent notice that will withdraw

the final action. All public comments

received will be addressed in a

subsequent final rule based on this

action serving as a proposed rule. The

EPA will not institute a second

comment period on this action. Any

parties interested in commenting on this

action should do so at this time. If no

such comments are received, the public

is advised that this action will be

effective July 3, 1995.

The EPA has reviewed this request for

revision of the federally-approved SIP

for conformance with the provisions of

the 1990 Clean Air Act Amendments

enacted on November 15, 1990. The

EPA has determined that this action

conforms with those requirements.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic and environmental

factors and in relation to relevant

statutory and regulatory requirements.

This action has been classified as a

Table 2 action by the Regional

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214–2225), as

revised by an October 4, 1993

memorandum from Michael H. Shapiro,

Acting Assistant Administrator for Air

and Radiation. The OMB has exempted

this regulatory action from E.O. 12866

review.

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by July 3, 1995.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2), 42 U.S.C. 7607(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides, Volatile organic compounds.

Note: Incorporation by reference of the

Implementation Plan for the State of

Washington was approved by the Director of

the Office of Federal Register on July 1, 1982.
21706 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

Dated: March 30, 1995.

Chuck Clarke,

Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart WW—Washington

2. Section 52.2470 is amended by

adding paragraph (c)(51) to read as

follows:

§ 52.2470 Identification of plan.

* * * * *

(c) * * *

(51) On April 11, 1994 the

Washington Department of Ecology

(WDOE) submitted the Southwest Air

Pollution Control Authority (SWAPCA)

400 General Regulations for Air

Pollution Sources as a revision to the

Washington State Implementation Plan

(SIP).

(i) Incorporation by reference.

(A) April 11, 1994 letter from the

Director of WDOE to EPA Region 10

submitting the Southwest Air Pollution

Control Authority SWAPCA 400

Regulation, General Regulations for Air

Pollution Sources.

(B) Regulations of the Southwest Air

Pollution Control Authority—Sections

010; 020; 030 except the second

sentences of (14) and (43); 040 except

(1)(c) and (1)(d) (2) (4) and the exception

provision of (6)(a); 050 except the

exception provision of (3); 052; 060; 070

except (7); 081; 090; 100 except the first

sentence of (3)(a)(iv) and (5); 101; 105;

107; 110; 112; 113; 114; 151; 161; 171;

190; 200; 205; 210; 220; 230; 240; 250;

and 260, effective on November 8, 1993.

[FR Doc. 95–10812 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[IL107–1–6708a; FRL–5190–4]

Approval and Promulgation of

Implementation Plans; Illinois

AGENCY: United States Environmental

Protection Agency (USEPA).

ACTION: Direct final rule.

SUMMARY: The USEPA approves the

Illinois, September 26, 1994, State

Implementation Plan (SIP) revision

request which grants a variance to J.M.

Sweeney Co. (Sweeney) from Stage II

vapor recovery requirements from

November 1, 1993, until March 31,

1995. This variance has been granted

because Sweeney has demonstrated that

immediate compliance with the

requirements at issue would impose an

arbitrary and unreasonable hardship.

USEPA made a finding of completeness

on the SIP submittal on October 28,

1994. In the proposed rules section of

this Federal Register, USEPA is

proposing approval of and soliciting

public comment on this requested SIP

revision. If adverse comments are

received on this action, USEPA will

withdraw this final rule and address the

comments received in response to this

action in a final rule on the related

proposed rule which is being published

in the proposed rules section of this

Federal Register. Please be aware that

USEPA will institute another

rulemaking notice on this action only if

warranted by significant revision to the

rulemaking based on any comments

received in response to today’s action.

Parties interested in commenting on this

action should do so at this time.

DATES: This action will be effective July

3, 1995 unless an adverse comment is

received by June 2, 1995. If the effective

date of this action is delayed due to

adverse comments, timely notice will be

published in the Federal Register.

ADDRESSES: Written comments should

be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section,

Regulation Development Branch (AR–

18J), U.S. Environmental Protection

Agency, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Copies of the Illinois submittal are

available for public review during

normal business hours, between 8:00

a.m. and 4:30 p.m., at the above address.

A copy of this SIP revision is also

available for inspection at: Office of Air

and Radiation (OAR), Docket and

Information Center (Air Docket 6102),

Room 1500, U.S. Environmental

Protection Agency, 401 M Street, S.W.,

Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT:

Mark J. Palermo, Regulation

Development Section, Regulation

Development Branch (AR–18J), U.S.

Environmental Protection Agency, 77

West Jackson Boulevard, Chicago,

Illinois 60604. Telephone: (312) 886–

6082.

SUPPLEMENTARY INFORMATION: On

January 12, 1993, USEPA approved

Illinois’s Stage II vapor recovery rules

(35 Ill. Adm. Code 218) as a revision to

the Illinois SIP for ozone, applicable to

the Chicago ozone nonattainment area

(Cook, DuPage, Kane, Lake, McHenry,

Will Counties and Aux Sable and Goose

Lake Townships in Grundy County and

Oswego Township in Kendall County).

These regulations satisfy section

182(b)(3) of the Clean Air Act as

amended in 1990, which requires

certain ozone nonattainment areas to

require specified gasoline dispensing

facilities to install and operate Stage II

vapor recovery equipment. Stage II

vapor recovery systems are designed to

control and capture at least 95 percent

of the Volatile Organic Compound

(VOC) vapors emitted during the

refueling of motor vehicles. Among

these Stage II requirements is the

provision that certain gasoline

dispensing facilities, such as Sweeney’s

facility in Cicero, Illinois, must install

Stage II vapor recovery equipment no

later than November 1, 1993.

Sweeney contends that it had

initiated efforts to achieve compliance

by the November 1, 1993 compliance

date. Among these efforts was a site

evaluation conducted by a geophysical

consulting firm. On August 30, 1993,

the consulting firm informed Sweeney

that petroleum contamination likely

occurred at the site. On August 31,

1993, Sweeney notified the Illinois

Emergency Management Agency (IEMA)

of the suspected contamination and of

the likely need for remediation.

Subsequent on-site sampling confirmed

that remediation is necessary and that it

will require removal of both soil and

some of the tanks. Installing Stage II

equipment before the completion of the

remediation would require that some of

the Stage II equipment would have to be

dismantled and removed during the

remediation, which, according to

Sweeney and the Illinois Environmental

Protection Agency, would cost Sweeney

an additional $50,000 to $60,000. As of

July 14, 1994, the full areal extent of the

contamination was yet to be identified,

pending Sweeney’s ability to gain access

to off-site sampling locations.

On December 17, 1993, Sweeney filed

a petition with the Illinois Pollution

Control Board (IPCB) requesting a

variance from meeting the November 1,

1993, compliance date on the grounds

that requiring installation of the Stage II

vapor recovery equipment prior to

remediation would cause an

unreasonable financial hardship. The

IPCB is charged under the Illinois

Environmental Protection Act with the

responsibility of granting variance from

regulations issued by the Board

whenever it is found that compliance

with the regulations would impose an

arbitrary or unreasonable hardship upon

the petitioner for the variance.

On September 1, 1994, the IPCB

granted the variance extending Stage II

compliance for Sweeney until March 31,

1995. Given both the high additional