ILLINOIS POLLUTION CONTROL BOARD
    May 11,
    1995
    INDIAN REFINING
    )
    LIMITED PARTNERSHIP,
    )
    Petitioner,
    )
    v.
    )
    PCB 95—140
    )
    (Provisional Variance-Air)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.
    A. Manning):
    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
    (Agency) recommend that the Board grant a provisional variance to
    allow Indian Refining Limited Partnership to continue operating
    during a period of petroleum refinery repairs.
    Such request for
    a provisional variance and the Notification of Recommendation was
    filed with the Board by the Agency on Tuesday, May 9,
    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 certain Sulfur Dioxide requirements of the
    air pollution regulations, as set forth in 35 Iii.
    Adin. Code
    201.141,
    201.149, 214.100 and 214.162 for the period beginning
    April 10,
    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.
    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
    boilers No.
    1,
    2, and 3.
    Indian Refining Limited Partnership
    seeks the provisional variance to operate beginning April 10,
    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.
    2
    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 by 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 April
    10,
    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 conditions:
    1.
    The term of this provisional variance shall commence on
    April
    10,
    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
    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
    3
    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 M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certi~y~~
    that the above order was adopted on the
    /ftTP
    day of ___________________________,
    1995,
    by a vote of
    ~
    A.
    Dorothy N.
    G~4rn, Clerk
    Illinois Po~JutionControl Board

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