ILLINOIS POLLUTION CONTROL BOARD
February 17,
1994
MOBIL OIL CORPORATION,
)
)
Petitioner,
)
v.
)
PCB 94—64
(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)), Mobil Oil Corporation has requested
that the Illinois Environmental Protection Agency
(Agency)
recommend that the Board grant
a provisional variance to allow
several of Mobil Oil Corporation’s gasoline dispensing operations
(service stations) to continue operating even though they did not
install operational vapor recovery equipment by November
1,
1993.
Such request for a provisional variance and the Notification of
Recommendation was filed with the Board by the Agency on Tuesday,
February 15,
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 Mobil Oil
•Corporation a forty—five (45)—day provisional variance for
seventy-four
(74) of its facilities located in five
(5)
counties
in the Chicago metropolitan statistical area from the Stage II
vapor recovery requirements,
as set forth in 35 Ill. Adm. Code
218.586,
for the period beginning January
30,
1994, and
continuing for forty-five
(45) days or until the required vapor
recovery equipment is installed,
whichever comes first.’
This recommendation is essentially that the Board extend
previously—granted forty-five (45)-day provisional variances that
expired January 29 and February 24,
1994.
The docket numbers of
the previous provisional variances were PCB 94—4, as to forty—
five
(45)
facilities,
and PCB 94—8,
as to thirty—eight
(38) of
forty—six
(46)
facilities, granted on January
6,
1994 and both
This recommendation basically concerns two groups of
facilities:
those granted provisional variances that expired
January 29,
1994
(PCB 93-199 and PCB 93-212, extended in PCB 94-4
and PCB 94-8), and a single station granted a provisional
variance in PCB 94-36,
which expires on February 24,
1994.
The
Agency—recommended term of this provisional variance is forty—
five
(45) days beginning January 30,
1994 as to all stations
involved.
2
expiring on January 29,
1994,
and PCB 94-36, granted on January
20, 1994,
granted as to one facility and expiring on February 24,
1994.
The prior PCB 94-4 and PCB 94-8 provisional variances were
themselves extensions of forty-five
(45)-day provisional
variances granted on October 27,
1993 in PCB 93-199,
as to forty-
five
(45) facilities,
and on November 4,
1993 in PCB 93—212,
as
to forty—six
(46) facilities.2
The Agency’s provisional variance recommendation states that
Mobil Oil Corporation has requested a provisional variance on
behalf of numerous of its service stations in the Chicago area,
located as follows:
County
Number of Stations
Cook
38
DuPage
23
Lake
11
Kendall
1
Will
1
The addresses of those stations are listed as follows:
County
City or Village
Street Address
Cook
Arlington Heights
3005 E. Rand Road
Cook
Arlington Heights
1880 S. Arlington Heights Rd
Cook
Buffalo Grove
1200 W. Dundee Road
Cook
Caluinet City
2074 Sibley Boulevard
Cook
Chicago
2801 W. Diversey Avenue
Cook
Chicago
4001 W. Irving Park Road
2
Section 36(c) of the Act imposes limitations on the
Board’s ability to extend a provisional variance:
Any provisional variance granted by the Board pursuant
to subsection
(b) of Section 35 shall be for a period
of time not to exceed 45 days.
Upon receipt of a
recommendation from the Agency to extend this time
period, the Board shall grant up to an additional 45
days.
The provisional variances granted to any one
person shall not exceed a total of 90 days during any
calendar year.
Since the variances granted in PCB 94-4 and PCB 94-8,
which
expired January 29,
1994, and PCB 94-36, which expires February
24,
1994,
and fewer than ninety
(90) days elapsed in this
calendar year,
the Board interprets Section 36(c)
as allowing
Mobil Oil Corporation the Agency-recommended forty-five
(45)—day
extension.
3
Cook
Chicago
9901 S. Haisted Street
Cook
Chicago
7601 S. State Street
Cook
Des Plaines
9701 Milwaukee Avenue
Cook
Des Plaines
800 W. Oakton Street
Cook
Elk Grove Village
1600 Nerge Road
Cook
Elk Grove Village
8
E.
Higgins Road
Cook
Elk Grove Village
1699 Landineier Road
Cook
Hanover Park
6800 Barrington Road
Cook
Hoffman Estates
615 W. Higgins Road
Cook
Hoffman Estates
1700 W. Algonquin Road
Cook
Hoffman Estates
2595 W. Golf Road
Cook
Lincoinwood
6777 Lincoln Avenue
Cook
Lincoinwood
6401 N. Cicero Avenue
Cook
Matteson
4801 W.
211th Street
Cook
Morton Grove
7951 Golf Road
Cook
Norridge
8339 W. Lawrence Avenue
Cook
Northbrook
1999 Willow Road
Cook
Oak Lawn
8700 S. Cicero Avenue
Cook
Oak Lawn
10240
S. Crawford
Cook
Orland Park
14300 96th Avenue
Cook
Palatine
1228 Dundee Road
Cook
Palatine
1800
S. Roselle Road
Cook
Palatine
1490 N. Quentin Road
Cook
River Forest
754 N. Harlem Avenue
Cook
River Grove
8359 W. Grand Avenue
Cook
Rolling Meadows
2101 Hicks Road
Cook
Roseinont
9401 W. Higgins Road
Cook
Schaumburg
780 E. Schaumburg Road
Cook
Schaumburg
1601 E. Algonquin Road
Cook
Schauinburg
1530 W. Schaumburg
Cook
Skokie
4002 Deinpster Street
Cook
Streamwood
2
S.
Sutton Road
DuPage
Addison
20 W 561 Lake Street
DuPage
Carol Stream
870 W. Army Trail Road
DuPage
Downers Grove
2181 63rd Street
DuPage
Elmhurst
1000 N. York Street
DuPage
Glendale Heights
234 Army Trail Road
DuPage
Glendale Heights
1202 Bloomingdale Road
DuPage
Itasca
1150 W.
Irving Park Road
DuPage
Itasca
1400 Arlington Heights Road
DuPage
Lombard
435 W. Roosevelt Road
DuPage
Lombard
2150 S. Highland Avenue
DuPage
Naperville
1598 W. Ogden Avenue
DuPage
Naperville
1280 W. Ogden Avenue
DuPage
Naperville
1420 E. Ogden Avenue
DuPage
Naperville
1671 N. Route 59
DuPage
Naperville
20 E. Odgen Avenue
DuPage
Naperville
8S080 Route 59
DuPage
Naperville
1576 S. Washington
DuPage
Naperville
988 South Route 59
DuPage
West Chicago
27 W 210 N. Avenue
DuPage
Westmont
798
E. Odgen Avenue
4
DuPage
Willowbrook
7675 Kingery Highway
DuPage
Wood Dale
1000 N. Wood Dale Road
DuPage
Woodridge
1940 75th Street
Kendall
Montgomery
1987 Douglas Avenue
Lake
Barrington
504 E. Main Street
Lake
Buffalo Grove
1248 N. McHenry Road
Lake
Deerfield
650 Waukegan Road
Lake
Gurnee
6155 W. Grand Avenue
Lake
Highland Park
2580 Skokie Valley
Lake
Highland Park
1333 Half Day Road
Lake
Highwood
1000 Sheridan Road
Lake
Lake Zurich
650 S. Rand Road
Lake
Lake Bluff
2 Waukegan Road
Lake
Vernon Hills
485 W. Route 60
Lake
Vernon Hills
294
E. Route 60
Will
Crest Hill
1800 N. Plainfield
Upon receipt of the request, the Agency issued its
recommendation, notifying the Board that the failure to grant the
requested forty—five (45)-day provisional variance would impose
an arbitrary or unreasonable hardship on the petitioner.
The
Agency recommendation states that installation of Stage II vapor
recovery equipment at the Mobil Oil Corporation facilities is not
possible by the November 1,
1993 deadline for compliance because
vapor recovery equipment for Gilbarco dispensers having Dresser
Wayne controls is still under development and Tokheim is still in
the last stages of
CARB
approval for vapor recovery equipment for
its gasoline dispensers,
and that equipment was not available
before the compliance deadline.
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
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.
Adin. Code 218.586,
subject to the following conditions:
1.
The term of this provisional variance shall commence on
January 30,
1994,
and
it shall expire on the date the
petitioner completes the required installation of vacuum
assist Stage II vapor recovery equipment,
or after forty—
five
(45)
days have elapsed, whichever comes first;
5
2.
The petitioner shall notify the Agency of the
installation of the vapor recovery equipment, by sending
notification addressed as follows:
Mr. Terry Sweitzer, P.E.
Manager, Air Monitoring Section
Illinois Environmental Protection Agency
Division of Air Pollution Control
P.O. Box 19276
Springfield, Illinois
62794—9276
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board
do hereby certif
that the above order was adopted on the
/7~
day of
-
a~-i~1
,
1994, by a vote of
Dorothy M.
Illinois Po~
Control Board