ILLINOIS POLLUTION CONTROL BOARD
    November 18, 2004
    CITGO PETROLEUM CORPORATION and
    PDV MIDWEST REFINING, L.L.C.,
    Petitioners,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 05-85
    (Variance - Water)
    ORDER OF THE BOARD (by J.P. Novak):
    On November 8, 2004, CITGO Petroleum Corporation and PDV Midwest Refining,
    L.L.C. (the petitioners) filed a petition for a variance for the oil refinery located at stream mile
    296.5 of the Chicago Sanitary and Ship Canal, near Lockport, in Will County. The petitioners
    seek five-year relief from the stream waster quality standards for total dissolved solids (TDS)
    and sulfate of 35 Ill. Adm. Code 302.208(g) and 302.407. Alternatively, they seek a declaration
    that their discharges will not cause or contribute to a violation of the Board’s water quality
    standards for TDS.
    Petitioners assert that the requested relief is necessary to their actions under a Consent
    Decree with the United States Environmental Protection Agency and the States of Illinois,
    Louisiana, New Jersey, and Georgia to resolve certain alleged air quality violations. To comply
    with the Consent Decree, petitioners assert they must construct certain equipment and obtain air
    and water construction and operating permits from the Illinois Environmental Protection Agency
    (Agency). Petitioners state that the Agency has advised that it cannot issue such a wastewater
    construction permit due to occasional water quality violations for TDS.
    The petitioners have requested a hearing on their petition. The petition meets the content
    requirements of 35 Ill. Adm. Code 104.204. The Board accepts the petition for hearing.
    The Board directs that this matter proceed to hearing as expeditiously as practicable. The
    Agency must investigate the petition for variance and submit its recommendation within 45 days
    of the November 8, 2004 filing of the complete petition, by December 23, 2004, or at least 30
    days prior to the date of hearing, whichever is earlier.
    See
    35 Ill. Adm. Code 104.206 (2002).
    The petitioners will then be allowed 14 days after the date the Agency recommendation is filed
    to respond to the recommendation.
    See
    35 Ill. Adm. Code 104.220 (2002).
    The assigned hearing officer must set the matter for hearing in accordance with the
    requirements of the Environmental Protection Act and the Board’s procedural rules. It is the
    responsibility of the hearing officer to guide the parties toward prompt resolution of this matter,
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    through whatever status calls and hearing officer orders he determines are necessary and
    appropriate. Hearings will be scheduled and completed in a timely manner, consistent with the
    decision deadline (
    see
    415 ILCS 5/38(a) (2002)), which only the petitioners may extend by
    waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision
    deadline, the petitioners “may deem the request granted.” 415 ILCS 5/38(a) (2002). Currently,
    the decision deadline is March 8, 2005 (the 120th day after November 8, 2004).
    See
    35 Ill. Adm.
    Code 104.232. The Board meeting immediately before the decision deadline is scheduled for
    March 3, 2005.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 18, 2004, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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