ILLINOIS POLLUTION CONTROL BOARD
    March 17, 1994
    MARATHON OIL COMPANY,
    )
    )
    Petitioner,
    v.
    PCB 94—27
    (Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by R.C. Flemal):
    This matter comes before the Board on a motion to dismiss,
    or in the alternative a motion to extend the time to file its
    recommendation, filed by the Illinois Environmental Protection
    Agency (Agency) on March 8, 1994. Marathon Oil Company
    (Marathon) filed its reply to the motion and alternative motion
    on March 14, 1994.
    In its motion, the Agency states that the petItion should be
    dismissed because Maralhon fails to document any present failure
    to meet the numerical standards or particular provisions from
    which the variance is sought and provides no factual statement
    why compliance with the Act and regulations was not or cannot be
    achieved by the required compliance date. The Agency states that
    such information is required by 35 Ill. Adm. Code 104.121(e).
    In response Marathon presents a notice of violation issued
    by the United States Environmental Protection Agency pertaining
    to the Marathon facility’s air emissions and the subject of this
    variance petition. Upon review of the petition and the additions
    contained in Marathon’s response, the Board finds that Marathon
    has presented sufficient information as required by 1Q4.121e) at
    this time.
    Based on the above, the Board denies the Agency’s motion to
    dismiss Marathon’s variance petition.
    The Board also construes the additions presented with
    Marathon’s response as amending its petition. As a consequence,
    the decision timeclock will restart from the date of filing of
    the response. In addition, Marathon states that it will again be
    amending its petition on or about March 21, 1994. In light of
    these amendments, the Agency’s motion to extend the date of
    filing of its recommendation is denied as it is not necessary at
    this time.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Boar
    ,
    hereby certif that the above order was adopted on the
    day of
    ___________________,
    1994, by a vote of ~
    I
    Control Board

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