ILLINOIS POLLUTION CONTROL BOARD
    July 21, 1994
    MARATHON OIL COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 94—196
    (Provisional Variance)
    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)), Marathon Oil Company (Marathon) has
    requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow Marathon to continue operating during a period of
    modifications to its Fluidized Catalytic Cracking Unit (FCCU).
    Such request for a provisional variance and the Notification of
    Recommendation was filed with the Board by the Agency on Tuesday,
    July 19, 1994. 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 Marathon a
    twenty-five (25)-day provisional variance for its Crawford County
    facility from the air pollution regulations, as set forth in 35
    Ill. Adm. Code 216.361, 216.100 and 201.401(a) (4), for the period
    commencing July 10, 1994, or until installation of the sonic soot
    blowers is completed, whichever comes first.
    The Agency’s provisional variance recommendation states that
    Marathon operates a petroleum refinery near the city of Robinson,
    Crawford County, Illinois. Marathon request to operate it’s FCCU
    out of compliance with the carbon monoxide limitation require-
    ments of 35 Ill. Adm. Code 216.361 and 216.100, as well as the
    continuous emission monitoring provision of 35 Ill. Adm. Code
    201.401(a) (4), for a period of twenty-five (25)—days.
    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 twenty—five (25)—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
    2
    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 216.361,
    216.100 and 201.401(a) (4) for the period commencing July 10,
    1994, or until installation of the sonic soot blowers is
    completed, whichever comes first, subject to the following
    conditions:
    1. The term of this provisional variance shall commence on
    July 10, 1994 when the petitioner, Marathon, initiates
    modifications to its plant, by installing new sonic soot
    blowers in its CO boiler unit, and it shall expire on the
    date the petitioner completes the required maintenance work
    and the boiler commences start—up, or after twenty—five (25)
    days have elapsed, whichever comes first;
    2. The petitioner shall notify the Agency upon completion
    of the installation. The petitioner shall confirm this in
    writing within five (5) days, addressed as follows:
    Illinois Environmental Protection Agency
    Donald E. Sutton, P.E.
    Manager, Permit Section
    Division of Air Pollution Control
    P.O. Box 19276
    Springfield, Illinois 62794—9276
    3. FCCU regenerator operations will be promoted to raise
    the regenerator temperature as high as possible without
    upsetting the operation of the FCCU. Regenarator
    temperature should be maintained in the 1300-1320°
    fahrenheit range during the term of this provisional
    variance period.
    4. During daylight hours, visible emissions readings shall
    be conducted for one-hour during each shift, by a certified
    opacity reader, during the provisional variance period.
    5. Petitioner shall monitor regenerator temperature, and
    shall maintain records of the regenerator temperature and
    opacity readings for the duration of the provisional
    variance, such records shall be made available to Agency
    personnel upon request.
    6. The petitioner shall execute a copy of a Certificate of
    Acceptance of this provisional variance and forward that
    3
    copy to the Agency addressed as is the written notice
    required in the above condition; the petitioner shall
    forward that copy within ten (10) days of the date of this
    order of the Board, and the Certificate of Acceptance shall
    take the following form:
    CERTIFICATION
    I (We),
    hereby accept and agree to be bound by all terms
    and conditions of the order of the Pollution
    Control Board in PCB 94-196
    ,
    July 21, 1994.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certi~’that the above order was adopted on the
    ~/‘-~
    day of ____________________________, 1994, by a vote of
    ~2.
    2~ ~
    Dorothy N. G~n, Clerk
    Illinois Po1~ution Control Board

    Back to top