Variances and Adjusted Standards

Section 702 Section 702.108  Variances and Adjusted Standards a)         The Agency has no authority to issue any permit that is inconsistent with Board regulations.  If an applicant seeks a permit that would authorize actions that are inconsistent with Board regulations, including delayed compliance dates, the applicant should file for either of the following two forms of relief: 1)         A petition for a variance pursuant to Title IX of the Environmental Protection Act (Act) and Subtitle B of 35 Ill. Adm. Code 104; or 2)         A petition for an adjusted standard pursuant to Section 28.2 of the Act and Subtitle D of 35 Ill. Adm. Code 104. b)         The Agency must file a recommendation within prescribed times following the filing of a petition for a variance or adjusted standard.  The recommendation must include a draft of the language the Agency proposes to include in the permit if its recommendation is accepted. c)         If the Board grants a variance or adjusted standard, it will order the Agency to issue or modify the permit pursuant to the variance.