ILLINOIS POLLUTION CONTROL BOARD
    January 6,
    1994
    MOBIL OIL
    CORPORATION,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94-8
    (Provisional Variance)
    ILLINOIS ENVIRONNENTAL
    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,
    January
    4,
    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
    thirty—eight
    (38) of its facilities located in four
    (4) Counties
    in the Chicago metropolitan statistical area from the Stage II
    vapor recovery requirements, as set forth in 35 Ill.
    Adni.
    Code
    218.586,
    for the period beginning December 16,
    1993,
    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 a
    previously—granted provisional variance that expired December 15,
    1993.
    The docket number of the previous provisional variance was
    PCB 93-212, granted on November 4,
    1993.
    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
    20
    DuPage
    10
    Lake
    7
    Will
    i

    2
    The addresses of those stations are listed as follows:
    County
    City or Village
    Street Address
    Cook
    Arlington Heights
    1880 S. Arlington Heights
    Road
    Cook
    Calumet City
    2074 Sibley Boulevard
    Cook
    Chicago
    2801 W. Diversey Avenue
    Cook
    Chicago
    7601 S. State Street
    Cook
    Chicago
    9901 S. Haisted Street
    Cook
    Des Plaines
    9701 Milwaukee Avenue
    Cook
    Elk Grove Village
    1699 Lanthneier Road
    Cook
    Elk Grove Village
    8 E. Higgins Road
    Cook
    Hanover Park
    6800 Barrington Road
    Cook
    Lincolnwood
    6401 N. Cicero Avenue
    Cook
    Norton Grove
    7951 Golf Road
    Cook
    Norridge
    8339 W. Lawrence Avenue
    Cook
    Northbrook
    1999 Willow Road
    Cook
    Oak Lawn
    10240 5.
    Crawford
    Cook
    Oak Lawn
    8700
    5. Cicero Avenue
    Cook
    Palatine
    1228 Dundee Road
    Cook
    Palatine
    1800 S. Roselle Road
    Cook
    River Forest
    754 N. Harlem Avenue
    Cook
    River Grove
    8359 W. Grand Avenue
    Cook
    Schaumburg
    1530 W. Schaumburg
    DuPage
    Addison
    20 W 561 Lake Street
    DuPage
    Elmhurst
    1000 N. York Street
    DuPage
    Glendale Heights
    1202 Bloomingdale Road
    DuPage
    Lombard
    2150 S. Highland Avenue
    DuPage
    Naperville
    1576 S. Washington
    DuPage
    Naperville
    1671 N. Route 59
    DuPage
    Naperville
    20
    E. Odgen Avenue
    DuPage
    West Chicago
    27 W 210 N. Avenue
    DuPage
    Westmont
    798 E. Odgen Avenue
    DuPage
    Wood Dale
    1000 N. Wood Dale Road
    Lake
    Barrington
    504 E. Main Street
    Lake
    Deerfield
    650 Waukegan Road
    Lake
    Highland Park
    1333 Half Day Road
    Lake
    Highland Park
    2580 Skokie Valley
    Lake
    Highwood
    1000 Sheridan Road
    Lake
    Vernon Hills
    294
    E. Route 60
    Lake
    Vernon Hills
    485 W. 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 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
    Tokheiin is in the last stages of CARB approval for vacuum assist

    3
    vapor recovery equipment for its gasoline dispensers
    (as to three
    (3)
    of the Mobil Oil Corporation facilities), and vapor recovery
    equipment for use with Gilbarco dispensers using Dresser Wayne
    controls is still under development
    (as to thirty-five
    (35)
    of
    the Mobil Oil Corporation facilities), so CARB-approved vacuum
    vapor recovery equipment is not yet available for the Mobil Oil
    Corporation facilities.
    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.
    (~g415 ILCS 5/35(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 notifying the
    Board that a 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 218.586,
    subject to the following conditions:
    1.
    The term of this provisional variance shall commence on
    December 16,
    1993, 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;
    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

    4
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Bo,ard, do hereby certif
    that the above order was adopted on the
    ~tZ-
    day of __________________________,
    1994,
    by a vote of
    7_c)
    .
    97
    Dorothy N.
    9~,Lnn, Clerk
    Illinois PoUution Control Board

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