ILLINOIS POLLUTION CCNTRCL BOARD
    December 23, 1986
    MOBIL OIL CORP.,
    Petitioner,
    v.
    )
    PCB 86—221
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by ~1.Anderson):
    Pursuant to 35 Ill. Adm. code 722.134(b), Petitioner seeks a
    30—day extension, from December 6, 1986 to January 5, 1987, of
    the ninety (90) day maximum holding period for on—site
    accumulation of hazardous waste at its Joliet Refinery by means
    of a provisional variance. The Illinois Environmental Protection
    Agency (Agency) has found that compliance with Section 722.134
    would impose an arbitrary or unreasonable hardship on petitioner
    and recommends that petitioner be granted provisional variance.
    Attached to the Agency recommendation is a letter which
    indicates that the Agency had granted a prior 30—day extension to
    the petitioner and that petitioner is requesting a second 30—day
    extension. (See attached letter, marked by the Board as Exh. A).
    Section 722.134(b) was adopted pursuant to the “identical in
    substance’t provisions of Section 22.4(a) of the Environmental
    Protection Act (Act). The Board construes the federal
    regulations, as reflected in Section 722.134(b), as precluding
    any extensions which, cumulatively, would total more than 30
    days.
    Therefore, the Board finds that it lacks the authority to
    grant this provisional variance. If the Agency can demonstrate
    that the USEPA construes the “identical in substance” regulation
    in a manner that would allow the Board to grant this provisional
    variance, the Board would entertain a motion for reconsideration.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    74.340
    —2—
    ORDER
    The petition of Mobil Oil Corp. for a provisional variance
    for its Joliet Refinery pursuant to 35 Ill. Adm. Code 722.134(b)
    is denied.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above 0 nion and Order was
    adopted on the
    ~
    day of
    /
    ,
    1986 by a vote
    of
    ____________
    Illinois Pollut Control Board
    74.341
    P.O. BOX 874
    JOUET. ILLINOIS 60434
    Certified Mail
    ~
    December 8, 1986
    ~
    ~~t:
    Mobil Joliet Refinery
    U.S. EPA I.D. No. 1LD064403199
    ~I1linoisI.D. No. 1978090004
    -•
    Charles Gruntman
    State of Illinois
    Environmental Protection Agency
    Division of Land Pollution Control
    1701 First Avenue
    Maywood, IL 60153
    Dear Mr. Gruatman:
    The Mobil Joliet Refinery is hereby requesting a second 30—day extension fo
    on—site accumulation of a small quantity of hazardous waste. This reques
    is being made in accordance with Section 722.134h of Illinois State Soil
    Waste Regulations. The refinery has stored on—site seven fifty—five gello
    steel drums of flare knock—out drum sludge, which
    was tested
    and determine
    to have a flash point below 140uF. This waste
    was accumuinted as hazardou
    waste beginning August 7, 1985.
    The 90—day period for on—site accurnulatic
    ended on November 5, 1986.
    A disposal permit for the waste was issued to Peoria Disposal Company c
    November 5, 1985. Due to scheduling at the landfill, they are unable t
    accept this waste until December 23, 1986, which is our shipment date.
    Your approval of this extension will be appreciated. Please contact J. I
    Ledwig
    at 815—423—5571 with any questions.
    Very truly yours,
    7T~ ~
    T. D. Cole
    Refinery 1!anagar
    RCB!
    jw
    323
    3R
    cc: Illinois Environmental
    Protection Agcncy
    Division of Land Pollution Control
    2200 Churchill Road
    ./.\Pr~tect
    ‘\
    Springfield, Illinois
    62706
    7
    ~jEnvircnment
    Division File
    j
    ~You Liv.~in
    1. I)
    \
    74.342

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