ILLINOIS POLLUTION CONTROL BOARD
February 27, 1992
INDIAN REFINING,
Petitioner,
V.
)
PCB 92—35
)
(Provisional Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD (by J. Marlin):
This matter comes before the Board on receipt of an Agency
Recommendation dated February 25, 1992. The recommendation
refers to a request from Petitioner, Indian Refining, for a 16-
day provisional variance for its Lawrence County facility from
the sulfur dioxide emissions limitations for a combined fuels
source., as set forth in 35 Ill. Adm. Code 214.162, for the period
from March 1, 1992 to March 16, 1992.
Indian Refining seeks to operate its petroleum refining
facility during this time without operating its sulfur plant.
Indian Refining seeks to effect repairs to its sulfur recovery
unit by replacement of the catalyst. The only feasible
alternative means of compliance is to shut the entire refinery
down at a cost of about
$
330,000 per day. Indian Refining has
received three provisional variances for repair of the sulfur
recovery unit in the past two years, in PCB 90-213 (Nov. 8,
1990), PCB 90—241 (Dec. 20, 1990), and PCB 91—159 (Sept. 6,
1991)
Upon receipt
0±
the request, the Agency issued its
recommendation, finding that a failure to grant the requested 16-
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 requested relief would impose an arbitrary and
unreasonable hardship, the Board hereby grants Petitioner a
130—339
2
provisional variance from 35 Iii. Adm. Code 214.162, subject to
the following conditions:
1. The term of this provisional variance shall commence on
March 1, 1992 and expire on March 16, 1992;
2. During the term of this provisional variance, the
Petitioner’s treatment shall operate its refinery a total of
seven days without sulfur recovery;
3.
•
The Petitioner shall notify the Agency’s Collinsville
Regional office by fax, at 618—346—5155, 24 hours prior to
shutting down its sulfur recovery unit, and the Petitioner
shall confirm this notice in writing after the unit has been
shut down;
4. The Petitioner shall operate its plant during the term
of this provisional variance in a manner that assures a
reduction of crude oil sulfur levels of at least 0.6 percent
by weight and natural gas firing will replace residual oil
firing;
5. During the term of this provisional variance, the
Petitioner’s sulfur dioxide emissions shall not exceed a
daily average of 3360 pounds; and
6. The Petitioner shall submit a written report,
indicating the total hours of operation, daily average
sulfur dioxide emissions, the highest level of sulfur
dioxide emissions during any hour, and any citizen
complaints received, and forward that report to the Agency
within three days of the end of the calendar week during the
term of this provisional variance.
IT IS SO ORDERED.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the. Illinois Pollution Control
~
do hereby cer ify that the above Order was adopted on the
~
day of ____________________________, 1992, by a vote of
7~.
7
/L~
L~”DorothyN. ,4unn, Cler~
Illinois P~1lution Control Board
130—340