ILLINOIS POLLUTION CONTROL

BOARD

February 17,

1977

UNION OIL COMPANY OF CALIFORNIJ~.,

(Lemont Refinery),

Petitioner,

PCB 76—303

ENVIRONMENTAL PROTECTION AGENCY,

Respondent,

ORDER OF THE BOARD

(by Mr.

Zeitlin):

The original Petition

for Variance in this matter was filed

on November

22.

1976.

On December

22, 1976,

this

Board entered an

Interim Order finding that~Petition inadequate,

and ordering that

additional information be filed within

45

days.

Pursuant to an

extension of that perioc~subsequently granted,

Petitioner filed an

Amendment to Petition

o:~ ~ebruary

14,

1977.

Both the Petition anc

:he Amendment

thereto state

that the

conditions upon our Variance grant in

PCB 75-342,

which all parties

agreed should achieve totaJ

compliance with the

relevant cyanide

effluent standard,

have bec

complied with.

Petitioner requests

extension of a Variance fro:~the cyanide

standards.

To be eligible

for such a Variance,

it mus~ be shown

that one

is needed

i.e.,

a

violation of that standar

exists,

or soon will exist.

That has

not been done.

Petitioner alleges that

it needs a Variance because the Agency

has not issued a permit for the work

ordered

in PCB 75-342 as a

final compliance plan.

That issue

cannot form the basis for the

relief requested

in the instant matter.

Petitioner

is free to

appeal any Agency permit decision,

or to seek Variance from any

Regulation with regard to which it feels

it

may be exposed to

enforcement proceedings.

The matter

is dismissed as

moot.

IT

IS SO ORDERED,

I, Christan

L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby

certify the

above Order was adopted on the

/7?~,4

day

of February,

1977,

by a vote of

‘f...~?

Christan

L. Moffe?~’, Clerk

Illinois

Pollution Control Board

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