ILLINOIS POLLUTION CONTROL BOARD

July 30,

1992

INDIAN

REFINING LIMITED

)

PARTNERSHIP,

)

Petitioner,

)

v.

)

PCB 92—113

)

(Provisional Variance)

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by J.

C.

Marlin):

This matter comes before the Board upon receipt of an Agency

Recommendation dated July 28,

1992.

The recommendation refers to

a request from Petitioner, Indian Refining Limited Partnership for

a 30 day provisional variance for its Lawrence County facility from

the 90-day on-site limitations for hazardous wastes set forth in 35

Ill. Adm. Code 722.134(b).

With the Recommendation was a letter requesting protection for

certain

confidential

business

information

attached

to

the

Recommendation.

The Clerk of the Board will maintain the copies of

this filing in secured files pursuant to 35 Ill. Adm. Code 120, and

only those copies with the confidential information deleted will be

open to public inspection.

Upon

receipt

of

the

request

the

Agency

issued

its

recommendation,

finding that the hazardous wastes must remain on—

site

for

longer than

90

days

due

to

unforeseen,

temporary and

uncontrollable circumstances and failure to grant the requested 30-

day provisional variance would impose an arbitrary or unreasonable

hardship on Petitioner.

The responsibilities

of the Agency

and the Board

in these

short—term

provisional

variances

are

different

from

the

responsibilities in standard variances.

,~

Ill.

Rev. Stat.

1989,

ch.

111½,

pars.

1035(b)

&

(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

finding

that

a

denial

of

the

request

relief

would

impose

•an

arbitrary

and

0135-0201

---

—2—

unreasonable

hardship

the

Board

hereby

grants

Petitioner

a

provisional variance from 35 Ill. Adm. Code 722.134(b) from August

7,

1992 to September

6,

1992.

IT IS SO ORDERED.

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby cert

that the above order was adopted on the

~

day of

_____________________,

1992, by a vote of

~

Dorothy M,~7Gunn, Clerk

Illinois ~o11ution Control Board

0135-0202