Section 726.219  Extensions of Time

The owner or operator may request a case-by-case extension of time to extend any time limit provided by Section 726.203(c).  The operator must file a petition for a RCRA variance pursuant to 35 Ill. Adm. Code 104.  The Board will grant the variance if compliance with the time limit is not practicable for reasons beyond the control of the owner or operator.

a)         In granting an extension, the Board will apply conditions as the facts warrant to ensure timely compliance with the requirements of Section 726.203 and that the facility operates in a manner that does not pose a hazard to human health and the environment;

b)         When an owner and operator requests an extension of time to enable the facility to comply with the alternative hydrocarbon provisions of Section 726.204(f) and obtain a RCRA permit because the facility cannot meet the HC limit of Section 726.204(c):

1)         The Board will do the following, in considering whether to grant the extension:

A)        Determine whether the owner and operator have submitted in a timely manner a complete Part B permit application that includes information required under 35 Ill. Adm. Code 703.208(b); and

B)        Consider whether the owner and operator have made a good faith effort to certify compliance with all other emission controls, including the controls on dioxins and furans of Section 726.204(e) and the controls on PM, metals and HCl/chlorine gas.

2)         If an extension is granted, the Board will, as a condition of the extension, require the facility to operate under flue gas concentration limits on CO and HC that, based on available information, including information in the Part B permit application, are baseline CO and HC levels as defined by Section 726.204(f)(1).

BOARD NOTE:  Derived from 40 CFR 266.103(c)(7)(ii) (2017).

(Source:  Amended at 42 Ill. Reg. 23023, effective November 19, 2018)