ILLINOIS POLLUTION CONTROL BOARD

July 18, 1974

REFINING CORPORATION,

Petitioner,

PROTECTION AGENCY,

Respondent

Mr~

Joseph S~Wrioht, Jr~,Attorney,~onbehalf of Petitioner;

Mr. Dennis R~ Fields, Assistant Attorney General, on behalf of the En.vironmentai

Protection Agency~

OPINION AND~ORDER OF TI7E BOARD (by Mr~Seaman):

On •July 10, 1973, Cl:arri Oil and Refining Company filed its Petition For

0ev cv ed

Pe~nt

Cer’rlo

Cr

O~CTCC~

073

C1arc f ~ed ~ts Amended

0ot

t

or Ocr

Fe’

‘cv

O~

Oerrit

te~’ ak tet

+

c~er~ eo ovrs~~arted

Sect’on

t~

of tie Eric

orrrr~

P

~

-i

~

t

sees

~“

~c

ci

of the deo~son

0t

toe

nerd ~r Od0rC

ru t~p ar’ ctn,n

0arn ts ovrsuart to the reou remerts

of Section

39

of

the Ac.t and the Rules ard~Regulations of this Boarth

Petitioner all eyes wrongful denial of

the

sixteen: air operati rig permit

applications listed hereunder:

COUNT

A

APPLICATION

A

I

02110521

II

02110523

III

0 2 11 0537

IV

0 2 11 0679

V

03021723

VI

02110532

VII

02110528

VIII

02110520

IX

02110534

X

CLARK OIL &

vs

ENVIRON NENTAL

)

)

)

)

)

PCB 7ed278

IDENTIFICATION

A

031 O24AAA

031 O24AAA

031 O24AM

1 19050AM

14380 5AAD

031 024AM

031 O24AAA

O31824AA8

~IP

Refinery Tank Farm

Light Oil Loading Rack

#3 Unifiner

#2 Unifiner

#1 Unifiner

13 —83

---

2-

COUNT #

APPLICATION #

IDENTIFICATION #

EQUIPMENT

XI

02110527

031024AAA

Cumene Unit

XII

02110538

031824AAB

Alkylation Unit

XIII

02110535

031824AAB

Isomax Unit

XIV

02110533

031824AAB

#2 Platformer Unit

XV

02110531

031824AAB

#3 Platformer Unit

XVI

02110529

031824AAB

Crude Unit

During the pendency of this action, the Agency granted five permits,

rendering Counts II, III, IV, V and VI moot. Petitioner’s motion to

withdraw said Counts is granted. Also during the pendency of this action,

Petitioner discovered a mathematical error in the application which is

the subject of Count I. Petitioner’s motion to withdraw Count I is

granted.

The Agency’s sole reason for denying the remaining ten Counts

(VI

through XVI) is that the discharge or emission of contaminants from the

subject equipment would cause or tend to cause air pollution in Illinois,

either alone or in combination with contaminants from other sources.

However, as to each of these Counts, the Agency admits that each of

the respective applications shows on its face that the subject equipment

is in compliance with the applicable portions of Rules 201 through 208

of the Air Pollution Regulations. Further, as to each of these Counts,

the Agency admits that it has no information to the effect that the subject

equipment is in violation of any requirement or limitation imposed by

Rules 201 through 208. (See the Agency’s Answers to Request to Admit;

and the Agency’s Supplemental Answers to Request to Admit).

Petitioner submits that the Agency has exceeded its power, whether

derived from regulatory or statutory sources, by arbitrarily and unilaterally

concluding that the condition of air pollution is caused or contributed

to by Petitioner’s equipment while admitting that Petitioner had complied

with all applicable regulations promulgated by this Board. The Board rejects

this contention, as the determination that a facility or proposed facility

causes or will cause air pollution is a proper Agency function. However,

there is no evidence in the present record to support the Agency’s

determination that Petitioner’s facility is causing air pollution.

A public hearing was held in this matter on June 19, 1974. That

hearing consisted of the legal arguments of the parties and no evidence

was admitted. The Record in this matter was closed by Board Order on

13—84

---

—3-

June 20, 1974.

In a Petition For Review of an Agency denial of permit, Rule 502(d)

of the Board’s Procedural Rules requires:

(d) The Agency shall appear as respondent in

the hearing and shall immediately, upon

notice

of the petition, file with the

Board the entire Agency record of the

permit application, including:

(1) the application;

(2) correspondence with the applicant;

(3) the denial.

For reasons not of Record, the Agency has failed to file the requisite

documents. Based upon the lack of Agency evidence in this matter and the

formal admissions by the Agency cited above, this Board must grant the

relief requested. However, our decision shall not be interpreted as

to preclude any enforcement action or proper Agency proceeding.

This Opinion constitutes the findings of fact and conclusions of

law of the Board.

IT IS THE ORDER of the Pollution Control Board that the Illinois

Environmental Protection Agency shall issue operating permits for the

equipment enumerated in Counts VII through XVI (inclusive) of the Amended

Petition for Permit Review.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control Board,

certify that the’above Opinion and Order was ~doptedon this

1’li.

day of

_______________,

1974 by a vote of 4—0

13

—