ILLINOIS POLLUTION CONTROL
BOARD
June
29,
1995
INDIAN REFINING
)
LIMITED PARTNERSHIP,
)
Petitioner,
V.
)
PCB 95—185
(Provisional Variance-Air)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by M. McFawn):
Pursuant to Section
35(b)
of the Environmental Protection
Act (Act)
(415 ILCS 5/35(b)),
Indian Refining Limited Partnership
has requested that the Illinois Environmental Protection Agency
(Ayency) recommend that the Board grant an a extension or a
provisional variance to allow Indian Refining Limited Partnership
to continue operating during a period of petroleum refinery
repain.
Such regue~tfor a provisional variance and the
Notification of Recommendation was filed with the Board by the
Agency on Tuesday, June 27,
1995.
Pursuant to Section 35(b)
of
the Act,
the Board must issue the variance within two
(2)
days of
this filing.
Specifically, the Agency recommends that we grant Indian
Refining Limited Partnership a forty—five
(45)-day provisional
variance for its Lawrence County facility from the prohibitions
against air pollution and operating a source during a period of
malfunction
and from oertain sulfur dioxide requirements
of the
air pollution regulations,
as set forth
in
35 Ill. Adm. Code
201.141,
201.149, 214.100 and 214.162
for the period beginning
May 25,
1995 and continuing for forty-five
(45)-days or until the
required repairs to the Fluid Catalytic Cracking Unit, Alkylation
Unit No.
2 and the Vacuum Pipe Still are completed, whichever
comes first.
This recommendation
is essentially that the Board extend a
previously—granted provisional variance that expired May 24,
1995.
The docket number of the previous provisional variance was
PCB 95—140,
granted on May 11,
1995.
The Agency’s provisional variance recommendation states that
Indian Refining Limited Partnership operates a petroleum refinery
in Lawrenceville, Lawrence County,
Illinois.
The provisional
variance is being requested so that petitioner may operate its
Feed Preparation Unit charge heater, Hydrotreating Unit No.
1.
charge heater, Hydrotreating Unit No.
2. charge heater,
Hydrotreating Unit No.
3. charge heater, Naphtha Stabilizer
Reboiler heater, Catalytic Reformer Unit charge heater,
and
2
boilers
No.
1,
2,
and
3.
Indian Refining Limited Partnership
seeks the provisional variance to operate beginning May 25,
1995
and continuing for forty-five (45)-days or until the required
repairs to the Fluid Catalytic Cracking Unit, Alkylation Unit No.
2 and the
Vacuum
Pipe Still are completed,
whichever comes first.
Upon receipt of the request, the Agency issued its
recommendation, notifying the Board that due to unforeseen,
temporary and uncontrollable circumstances, failure to grant the
requested forty-five
(45)-day provisional variance would
impose
an arbitrary or unreasonable hardship on the petitioner.
Provisional variances are by their very nature temporary.
The responsibilities of the Agency and the Board in these short-
term provisional variances are different from the
responsibilities in standard variances.
~
415 ILCS 5/35(b)
&
36(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 the formal maintenance of
the record,
to assure the enforceability of the variance,
and to
provide notification of
the action hy a press release,
Having
received
the
Agency
recommendation
notifying
the
Board
that
a
denial
of
the
requested
relief
would
impose
an
arbitrary
or
unreasonable
hardship,
the
Board
hereby
grants
the
petitioner
a
provisional
variance
from
35
Ill.
Adm.
Code
201.141,
201.149,
214.100
and
214.162
for
the
period
beginning
May
25,
1995
and
continue
for
forty-five
(45)-days
or
until
the
required
repairs to the Fluid Catalytic Cracking Unit, Alkylation Unit No.
2 and the Vacuum Pipe Still are completed, whichever comes first,
subject to the following conditionst
1.
The term of this provisional variance shall commence on
May 25,
1995 and it shall expire on the date the petitioner
completes the required repairs to the Fluid Catalytic
Cracking Unit, Alkylation Unit No.
2 and the Vacuum Pipe
Still,
or after forty-five
(45) days have elapsed, whichever
comes first;
2.
The petitioner shall notify the Agency upon completion
of maintenance and startup of the Fluid Catalytic Cracking
Unit, Alkylation Unit No.
2 and the Vacuum Pipe Still.
Such
notification shall be sent to:
Compliance and Systems Management Section
2200 Churchill Road, P.O. Box 19276
Springfield, Illinois
62794—9276
Attention:
Yeric Yarrington
3.
Indian
Refining
Limited
Partnership
shall
maintain
3
records
of
the
H2S
content
of
the
refinery
fuel
gas
burned
during
the
period
covered
by
the
provisional
variance.
Indian
Refining
Limited
Partnership
shall
also
maintain
records
of
SO2
emissions
during
the
period
covered
by
the
provisional
variance.
Such
records
shall
be
submitted
to
the
Agency
upon
expiration
of
this
provisional
variance.
The
records
shall
be
submitted
to
the
Agency
addressed
as
is
the
written
notice
required
in
the
above
condition.
IT
IS
SO
ORDERED.
I,
Dorothy
N.
Gunn,
Clerk of the Illinois Pollution Control
Board
do
hereby
certify
t
the
above
order
was
adopted
on
the
~71±7~
clay
of
__________________________,
1995,
by
a
vote
of
Dorothy
M.
Illinois P~
ution Control Board
