ILLINOIS POLLUTION CONTROL BOARD

June 23,

1992

SHELL OIL COMPANY,

)

)

Petitioner,

v.

)

AS 90—2

)

(Adjusted Standard)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by G.T.

Girard):

On June 15,

1992,

Shell

filed a status report as ordered by

the Board on April 9,

1992.

In that order, the Board noted that no

substantive

activity

had taken

place

in

this

docket

since

the

petition’s filing on March

5,

1990.

Shell reports that in

the

interim,

it has conducted mixing

zone and zone of initial dilution

(ZID)

studies in the Mississippi

River,

and that the Agency has performed toxicity testing.

Shell

further notes that it has not yet received the Agency’s response to

its petition as required by 35 Ill. Adm. Code 106.714.

Shell notes

that

it has, however,

received the Agency’s recommendation in

a

related variance case, Shell Oil Co. v.

IEPA, PCB 90—27; the Agency

made this filing in response to the Board’s order of May 23,

1992.

Shell states that the Agency did not address its mixing zone or ZID

requests,

but that

the

Agency

will

initially

evaluate

Shell’s

demonstrations

in

the

context

of

its

NPDES

permit

renewal

application, due to be filed in October,

1992.

Shell states that

it

“reserves

its

right

to

pursue

both

the

variance

and

this

adjusted standard petition if IEPA permit action does not confirm

the existence of its Mixing Zone and result in the grant of a ZID,

if IEPA delays unduly in reaching its decision, or if necessary for

any other reason.”

Finally, Shell notes the pendancy of the appeal of the mixing

zone rules and certain of the water quality rules from which Shell

is

seeking a

variance.

Granite

City Division of National Steel

Corporation,

et

al.

v.

Illinois Pollution Control Board,

Ill.

S.

Ct.

No. 72850.

Shell reports that:

The Illinois Supreme Court granted applicant’s Petition for

Leave to Appeal in that matter on February 5,

1992.

Appellant

filed

its

brief

in

that

matter

on

April

16,

1992.

The

Pollution Control Board’s reply brief is due on June 26, 1992.

A decision on the validity of the Board’s water quality and

mixing zone rules

is expected after December of 1992.

L34--377

---

The Agency

is directed

to file

its response pursuant to

35

Ill.

Adm.

Code 106.714 to Shell’s petition on or before July 23,

1992.

Following receipt of this response, the Board will determine

an appropriate schedule for further actions

in this docket.

IT IS SO ORDERED.

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, ~hereby certi~y~

that the above order was adopted on the

~

day of

__________________,

1992,

by a vote of

7-~O

~2.

~

Dorothy M.

G~/nn,

Clerk

Illinois PoYlution Control Board

134—3 78