ILLINOIS POLLUTION CONTROL BOARD

October 1, 1992

MARATHON

PIPE LINE

COMPANY,

Petitioner,

I

v.

)

PCB 92—141

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD (by J. C. Marlin):

This matter comes before the Board on receipt of an Agency

Recommendation dated September 30, 1992. The recommendation refers

to a request from Petitioner, Marathon Pipe Line Company for a 45-

day provisional variance for its Richland County facility from

requirements of Special Condition #9 of its air pollution control

operating permit (No. 73032583), which prohibits continued

operation during malfunction/breakdown of any emission source or

related air pollution control equipment, and from the volatile

organic material emissions requirement relating to storage tank

vapor loss control devices, as set forth in 35 Ill. Adm. Code

215. 121(b) (1) and 215. 123 (b) (1), for the period beginning September

23, 1992 and continuing until Marathon installs floating roofs on

its tanks, but no longer than 45 days.

The floating roof on Marathon’s 55,000 bbl crude oil tank #101

failed on June 24, 1992. It plans to use tanks #1 and #3, which

lack floating roofs. The Agency has granted a permit for

construction of those roofs. Marathon seeks to operate tank #101

until the roofs are installed on tanks #1 and #3.

Upon receipt of the request, the Agency issued its

recommendation, finding that failure to grant the requested

provisional variance would impose an arbitrary or unreasonable

hardship on Petitioner.

The responsibilities of

the

Agency and the Board

in

these

short—term provisional

variances are different

from the

responsibilities

in standard variances.

~ç.g Ill. Rev. Stat. 1991,

ch. 111½, pars. 1035(b) &

(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 finding that a

0136-0255

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2

denial of the requested relief would impose an arbitrary or

unreasonable hardship, the Board hereby grants Petitioner a

provisional variance from 35 Ill. Adm. Code 215.121(b)(1) and

215.123(b) (1), subject to the following conditions:

1.

The term of~this_provisional.

~vari~nce shalL-commence -on

September 23, 1992, and it shall expire on the date the

Petitioner, Marathon Pipe Line Company completes the

required maintenance work, or after 45 days have elapsed,

whichever comes first;

2. Marathon may operate Tank #101 for no more than 45 days;

3. During the term of this provisional variance, the

Petitioner shall take all reasonable steps to minimize

environmental impact from the operation of Tank #101;

4. The Petitioner shall notify the Agency’s Collinsville

Regional office when the floating roofs for tanks #1 and

#3 have been installed.

5. Marathon shall install floating roofs on Tanks #1 and #3

as soon as possible, but in no event later than 45 days

after the request of this provisional variance;

6. When the floating roofs for tanks #2. and #3 are

installed, Marathon shall take Tank #102. out of service;

7. Marathon shall use the five 400-bb tanks that are ready

for service to minimize environmental impact as part of

its compliance plan; and

8. The conditions of this variance shall be in effect for 45

days or until such time as the floating roofs on tanks #1

and #3 are installed and operable, whichever occurs

first.

IT IS SO ORDERED.

I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control

Board, do hereby certify that the abo e o der was adopted by the

Board on the

/-~-~

day of __________________________, 1992,

by a vote of

7—t2

0136 0256

Control Board