ILLINOIS POLLUTION CONTROL BOARD
    December 5, 1996
    IN MATTER OF:
    Petition of Shell Wood River Refining
    Company for Adjusted Standard from 35 Ill.
    Adm. Code 725.213 and 725.321.
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    AS 97-3
    (Adjusted Standard - RCRA)
    ORDER OF THE BOARD (by J. Yi):
    This matter comes before the Board on a petition for adjusted standard filed September
    3, 1996, by Shell Wood River Refining Company (Shell or petitioner) located near Roxana
    Illinois, Madison County. Shell is requesting an adjusted standard from the closure and design
    provisions of 35 Ill. Adm. Code 725.213 and 725.321 respectively; petitioner seeks to delay
    closure of certain wastewater treatment ponds at its Wood River facility so as to use the ponds
    to treat nonhazardous waste. In accordance with 35 Ill. Adm. Code 106.712, Shell notified
    the Board on October 2, 1996, that it caused notice to be timely published in the, Alton
    Telegraph. Additionally Shell has met all the applicable informational requirements; however,
    this does not mean Shell has demonstrated its burden before the Board.
    On October 4, 1996 the Illinois Environmental Protection Agency (Agency) filed a
    motion for an extension of time to file the Agency’s response. The Agency requested the
    Board to grant an extension of 60 days due to the voluminous documentation submitted by
    petitioner. Pursuant to 35 Ill. Adm. Code 106.714 the Agency’s response was due on October
    3, 1996. The Board granted the Agency’s motion until December 3, 1996.
    On December 2, 1996 the Agency filed another request for an extension of time to file
    its response. The Agency states that they are actively engaged in negotiations with petitioners.
    The Agency maintains that it believes that petitioner will be filing an amended petition in the
    near future. Therefore, the Agency asserts that it will be the best use of resources of all
    concerned to allow the Agency to wait to file a response to the amended petition instead of
    requiring a response to the petition filed on September 3, 1996. The Agency requests that the
    Board grant an extension until 21 days after the amended petition is filed or 21 days after
    petitioner notifies the Board that no amended petition will be filed. The Agency asserts that
    “[c]ounsel for petitioner has been consulted and has authorized the Illinois EPA to state that it
    has no objection to this Motion”.
    The Board grants the Agency’s motion for an extension of time to file its response.
    The Agency’s response is now due 21 days after the petitioner files an amended petition. The
    Board directs the petitioner to notify the Board if it does not intend to file an amended petition.
    If the petitioner notifies the Board that it does not intend to file an amended petition, the
    Agency has 21 days from the date petitioner notifies the Board to file a response. All future
    requests for extensions of time should be directed to the hearing officer and filed with the
    Board.
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    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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