ILLINOIS POLLUTION CONTROL BOARD
    October 10, 1985
    MARATHON PETROLEUM CO.,
    Petitioner,
    v.
    )
    PCB 85—83
    ILLiNOIS ENVIRONMENTAL
    PROL1ECTION AGENCY,
    )
    Respondent.
    trJ’IERIM ORDER OF THE BOARD (by 3. Anderson):
    By Order of September 5, 1985, the Board directE~dthe
    parties to address the issue of the consistency of the requ~oL’~d
    relief with federal law, in light of correspondence from the u.s.
    EPA to the Illinois EPA which question the relief granted by
    the
    Board in R83—19 and R81—26. Marathon was given until October 4,
    1985 to file an amended petition addressing this issue. The
    Agency’s recommendation was to have been due October 28, 1985.
    rrhe Board must address two issues flowing from this Order.
    First, on October 4, 1985, Marathon filed a letter
    addressing these issues, which contained a footnote asserting
    that “t)his letter does not constitute nor should it be
    construed to be an amended petition for variance.”
    The Board
    does not accept this assertion. The October 4 1ett’~rmust
    be
    construed as an amended petition. 35 Ill. Adm, Code 104.122(b)
    requites that a petition “indicdte whether” relief can be yran
    consistent with federal law and regulations. The previous
    tilings do not even mention federal requirements, rendering the
    petition
    inadequate. F4arathon’s prior variance expired October
    2, 1985; the Board assumes that Marathon has resisted
    construction of
    its
    response as an amended petition because
    this
    would allow the Board 120 days beyond the prior due ;Iate in which
    ~ reach a decision. The Board will make every
    effort
    to
    expedite its
    decision to meet the previous due date.
    Hearing has been scheduled for October 22, 1985, 6 days
    in
    advance of the extended due date for the Agency’s
    Recommendation. To insure a meaningful public hearing, however,
    the Agency’s Recommendation should be available in advance of
    hearing. The Board therefore directs the Agency to file its
    Recommendation on or before October 17, 1985.
    68-25
    —2—
    IT is SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the
    Illinois
    Pollution Control
    Board, hereby certify that the above Interim Order was adopted on
    ~
    ~
    day of
    ~
    1985, by a
    vote
    of
    /
    ~
    /2..
    7,
    Dorothy M.~unn, Clerk
    Illinois Pollution Control Boach
    88-28

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