ILLINOIS POLLUTION CONTROL BOARD

October 20,

1994

In the Matter of:

)

)

PETITION OF INDIAN REFINING

)

R94-29

LIMITED PARTNERSHIP FOR A

)

(Rulemaking)

SITE-SPECIFIC RULE

)

ORDER OF THE BOARD

(by N. McFawn):

On October

6,

1994,

Indian Refining Limited Partnership

(IRLP)

filed a petition for a site-specific rule to be applicable

to its refinery located in Lawrence County,

Illinois.

IRLP seeks

a site-specific rule applicable to the opacity standards and the

emission rate of particulate matter from its Fluidized Catalytic

Cracking Unit at this facility.

We find that there are several

deficiencies in the petition, identified below,

and we direct

petitioner to file an amended petition correcting these

deficiencies.

We note initially that petitioner filed its notices of

filing and appearances in this action in one notice with its

notices of filing and appearances in a related action before the

Board, Indian Refining Limited Partnership v. Illinois

Environmental Protection Agency, PCB 94—287,

a variance

proceeding.

Because these proceedings are docketed separately,

it is necessary that separate notices of filing and appearances

be filed for each proceeding.

Since the notices of filing and

appearances filed by petitioner were docketed in

as part of the

variance proceeding

in PCB 94-287, separate notices of filing and

appearances should be filed in this proceeding.

Second, pursuant to 35

Ill. Adm. Code 102.121(h),

for all

rulemaking proposals where the Illinois Environmental Protection

Agency is not the proponent,

it is necessary for the proponent to

file a petition signed by at least 200 persons in support of the

proposal.

While petitioner’s notice of filing submitted as part

of the related variance proceeding in PCB 94-287 indicates that

petitioner intended to file a motion requesting a waiver of this

requirement, no such motion was received by the Board.

Petitioner is directed to correct this deficiency.

Third, pursuant to 35 Ill. Adm. Code 102.121(c),

the

proponent is required to address the questions contained in the

Analysis of Economic and Budgetary Effects of Proposed

Rulemaking,

set forth at

1 Ill. Adm. Code 220.Exhibit B.

This

form is required by the Joint Committee on Administrative Rules

(JCAR).

While Section 102.121(c)

also contains a requirement

regarding an economic impact assessment which is no longer

applicable, the portion referring to the JCAR form are still

applicable, and the required information must be submitted.

---

2

Fourth,

pursuant

to

35 Ill.

Adm.

Code 102.121(g),

the

proponent

is required to provide proof

of service of the petition

upon the Attorney General, the Illinois Environmental Protection

Agency,

and the Department of Energy and Natural Resources.

Such

proof

of service has not been provided.

Petitioner

is directed to cure the identified deficiencies

within 45 days,

or its petition will be subject to dismissal.

IT IS SO ORDERED.

I, Dorothy N.

Gunn,

Clerk

of the Illinois Pollution Control

Board, hereby ce5t4~ythat the above order was adopted on the

.~‘:~1 day of

________________

,

1994,

by a vote of

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Dorothy M.

G)Inn, C1~k

Illinois Po’lution Control Board