ILLINOIS POLLUTION CONTROL BOARD
    February 21, 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 January 22,
    2008, petitioners timely filed an amended petition (Am. Pet.), along with a motion to incorporate
    the record of PCB 05-85 (Mot.).
    In the motion, petitioners ask the Board to incorporate the record of PCB 05-85 into the
    record of this proceeding, PCB 08-33. Mot. at 1. In PCB 05-85, the Board granted CITGO and
    PDVMR a variance from two Board water quality standards for Total Dissolved Solids (TDS).
    The TDS variance lasts through December 15, 2009. In PCB 08-33, petitioners seek to extend
    the PCB 05-85 variance relief. Petitioners filed the motion to incorporate in response to one of
    the Board’s inquiries in the December 20, 2007 order. Am. Pet. at 2. Respondent, the Illinois
    Environmental Protection Agency (Agency), has not responded to petitioners’ motion to
    incorporate.
    See
    35 Ill. Adm. Code 101.500(d). The Board grants the motion and directs the
    Clerk to place a copy of the PCB 05-85 record into the PCB 08-33 record.
    See
    35 Ill. Adm.
    Code 101.306, 104.210(d)(3).
    The amended petition was filed in response to the informational deficiencies identified in
    the Board’s order of December 20, 2007. With the amended petition, the Board finds that
    petitioners have provided the information required by the Board’s procedural rules for the
    contents of a petition for variance extension.
    See
    35 Ill. Adm. Code 104.204, 104.210. The 120-
    day statutory period for the Board to decide this case recommenced upon the filing of the
    amended petition.
    See
    35 Ill. Adm. Code 104.232(a)(2). The Board will render a final decision
    consistent with the decision deadline (
    see
    415 ILCS 5/38 (2006)), which only petitioners may
    extend by waiver.
    See
    35 Ill. Adm. Code 101.308, 104.232(a)(1). Currently, the decision
    2
    deadline is May 21, 2008. The Board meeting immediately before the decision deadline is
    scheduled for May 15, 2008.
    The Agency has not yet filed its recommendation. The Agency’s recommendation is due
    by March 7, 2008, which is the 45th day after the filing of the amended petition.
    See
    35 Ill.
    Adm. Code 104.216(b), 104.226(b). Petitioners will have 14 days after service to respond to the
    Agency’s recommendation.
    See
    35 Ill. Adm. Code 104.220. Though petitioners have waived
    hearing, the Board may nevertheless order a hearing.
    See
    35 Ill. Adm. Code 104.234.
    Finally, the Board’s order of January 10, 2008, granted the Agency’s motion for
    extension of time to February 11, 2008, to publish newspaper notice of the petition.
    See
    415
    ILCS 5/37(a) (2006)); 35 Ill. Adm. Code 104.214(a). The Board reiterates that the Agency 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.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on February 21, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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