ILLINOIS POLLUTION CONTROL BOARD
    January 10, 2008
    CITGO PETROLEUM CORPORATION and
    PDV MIDWEST REFINING, L.L.C.,
    Petitioners,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 08-33
    (Variance – Water)
    ORDER OF THE BOARD (by T.E. Johnson):
    On November 14, 2007, CITGO Petroleum Corporation (CITGO) and PDV Midwest
    Refining, L.L.C. (PDVMR) (petitioners) filed a petition to extend the variance issued by the
    Board in CITGO Petroleum Corporation and PDV Midwest Refining, L.L.C. v. IEPA, PCB 05-
    85 (Apr. 21, 2005). The variance and the petition for extension concern an oil refinery in
    Lemont, Will County, which CITGO operates and PDVMR owns. In a December 20, 2007
    order, the Board identified several informational deficiencies in the petition and directed
    petitioners to file an amended petition to provide the additional information.
    On December 26, 2007, respondent, the Illinois Environmental Protection Agency
    (Agency), filed a motion for extension of time to publish notice (Mot.). The Agency explains
    that the attorney to whom the variance petition was addressed has since left the Agency and the
    Agency was unable to comply with the requirement to publish newspaper notice of the petition
    within 14 days after the petition’s filing. Mot. at 1-2. The Agency seeks a 30-day extension of
    the time to publish the notice and states that granting the extension will not prejudice petitioners.
    Id
    . at 2.
    Section 37(a) of the Environmental Protection Act (415 ILCS 5/37(a) (2006)) provides
    that the Agency “shall publish a single notice of such [variance] petition in a newspaper of
    general circulation in such county” where the facility is located. Section 104.214(a) of the
    Board’s procedural rules requires the Agency to publish the notice “[w]ithin 14 days after the
    petition is filed.” 35 Ill. Adm. Code 104.214(a). Petitioners have not filed any response to the
    Agency’s motion for extension of time to publish, which the Board grants.
    See
    35 Ill. Adm.
    Code 101.500(d). The Board construes the Agency’s motion as requesting that the 30-day
    extension run from the date of this order. The Agency therefore must publish notice of the
    variance by February 11, 2008, which is the first business day following the 30th day after the
    date of this order.
    See
    35 Ill. Adm. Code 101.300(a). The Agency also must file a certification
    of publication within 21 days after publication of the notice.
    See
    35 Ill. Adm. Code 104.214(f).
    IT IS SO ORDERED.
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    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on January 10, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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