ILLINOIS POLLUTION CONTROL BOARD

September 9, 1993

Mobil Oil Corporation,

Petitioner,

v.

)

PCB 93—166

(Variance)

ILLINOIS ENVIRONNENTAL

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD (by R.C. Flemal):

On September 7, 1993, Mobil Oil Corporation filed a petition

for variance from 35 Ill. Adm. Code 218.586 for 95 facilities

located in various counties in the Chicago Metropolitan

Statistical Area. That petition is deficient in that it fails to

provide certain information.

Pertaining to the petition as a whole, the Board notes that

Mobil has requested a variance applicable to each of 95 different

facilities without providing information specific to each

facility or explaining why factual information or circumstances

(e.g., on arbitrary or unreasonable hardship) may or may not be

different for each facility.

In addition, the Board notes that information is

specifically lacking concerning:

The names and addresses of each affected facility and

the location of the nearest air monitoring station,

pursuant to 35 Ill. Adrn. Code 104.121(d)

An assessment, with supporting factual information, of

the environmental impact that the variance will impose

on human, plant and animal life in the affected area,

including, where applicable, data describing the

existing air and water quality which the discharge may

affect, as required by 35 Ill. Adm. Code 104.121(g)

(emphasis added)

A concise factual statement of the reasons the

petitioner believes that compliance with the particular

provisions of the regulations or Board order would

impose an arbitrary or unreasonable hardship; as

required by 35 Ill. Adm. Code 104.121(k).

---

2

You are also referred to the Board’s procedural rules at

Section 101.103 and Appendix A for form of documents

requirements.

The Board further notes that “group variances” of the sort

requested here are uncommon and have only been granted in certain

unusual circumstances. (Village of Bloomningdale v. IEPA (Nov. 2,

1978), PCB 78—124, 32 PCB 23; ~f~nnaCity v. IEPA (April 18,

1985), PCB 85-40, 63 PCB 503.). The Board accordingly requests

that petitioner brief the issue of the need for a “group

variance” versus some alternate form of relief. Lastly, the

Board notes that if a group variance is to proceed, it desires

briefs on the issue of whether it is required that a hearing be

held in each of the affected counties.

Unless an amended petition is filed within 45 days of the

date of this order, curing the above—noted defect(s), this matter

will be subject to dismissal. The Board notes that for purposes

of calculation of the decision deadline pursuant to Section 38 of

the Act, the filing of an amended petition will restart the

Board’s 120—day deadline.

IT IS SO ORDERED.

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

Board, hereby certify that the above order was adopted on the

~z7

day of

_______________,

1993, by a vote of

________

~

Dorothy M. ~Gunn, Clerk

Illinois Pollution Control Board