ILLINOIS POLLUTION CONTROL BOARD
September
6,
1991
INDIAN REFINING LIMITFD
PARTNERSHIP,
Petitioner,
v.
)
PCB 91—159
(Provisional Variance)
ILLINOIS~ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
ORDER OF THE BOARD
(by
J.
Theodore Meyer):
This matter comes before the Board on receipt of an agency
Recommendation dated September
5,
1991.
The recommendation
refers to a request from Petitioner,
Indian Refining Limit~d
Partnership,
for a 7—day provisional variance from the combined
fuels sulfur dioxide limitation,
as set forth
in 35
Ill. Adm.
Code 214.162,
for the period from September
9,
1991 to September
16,
1991.
Upon receipt of the request,
the Agency issued
its
recommendation,
finding that due
to unforeseen,
temporary and
uncontrollable circumstances, failure to grant the requested 7—
day provisional variance would impose an arbitrary or
unreasonable hardship on Petitioner.
The Agency recommended that
the Board grant
the provisional variance with conditions.
The responsibilities of the Agency and the Board
in these
short—term provisional variances are different from the
responsibilities
in standard variances.
See Ill. Rev.
Stat.
1989,
ch. l1l~,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
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
provisional variance from 35
Iii. Adm. Code 214.162 from
September
9,
1991 to September
16,
1991 on the following
conditions:
1.
Indian Refining shall effect operational changes
that
reduce crude
sulfur levels
to at least 0.6 percent by
weight;
126—01
—2—
2.
Indian Refiningts sulfur dioxide emissions shall
not
exceed
a daily average of
3360 pounds per hour; and
3.
Indian Refining shall submit a written report,
indicating the total
hours of operation, daily average
sulfur dioxide emissions, and the highest level of
sulfur dioxide emissions during any hour
of operation,
addressed as follows:
Mary A.
Gade, Director
Illinois Environmental Protection Agency
2200 Churchill Road,
P.O.
Box 19276
Springfield,
Illinois
62794—9276
IT IS SO ORDERED.
J.D. Dumelle dissented.
I,
Dorothy M. Gunn, Clerk
of the Illinois Pollution Control
Board, do hereby certify that the above Order was adopted on the
/,,Z~
day of
,
1991,
by
a vote of
~‘/—/
~
~.
/L~)
Dorothy M. 9~nn,Clerk
Illinois Po~lution Control Board
126—02