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