ILLINOIS POLLUTION CONTROL BOARD
January 11,
1995
CLARK
OIL REFINING
AND
)
MARKETING,
)
)
Petitioner,
)
V.
)
PCB 95—19
)
(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)), Clark Oil Refining and Marketing
(Clark) has requested that the Illinois Environmental Protection
Agency (Agency) recommend that the Board grant a provisional
variance to allow several of Clark’s gasoline dispensing
operations
(service stations) to continue operating even though
they did not install operational vapor recovery equipment by
November
1,
1994.
Such request for a provisional variance and
the Notification of Reconunendation was filed with the Board by
the Agency on Tuesday, January 10,
1995.
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 Clark a
forty—five (45)-day provisional variance for thirty—eight
(38)
of
its facilities located in six
(6) 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 December 16,
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 a
previously-granted provisional variance that expired December 15,
1994.
The docket number of the previous provisional variance was
PCB 94-350, granted on December 1, 1994.
The Agency’s provisional variance recommendation states that
Mobil 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
24
DuPage
2
Kane
3
Lake
5
2
McHenery
2
Will
2
The addresses of those stations are listed as follows:
County
City or Vi1laq~e
Street Address
Cook
Chicago
5955 W. Higgins Road
Cook
Chicago Heights
2035 5. Western Ave.
Cook
Harvey
16600 S. Haisted
Cook
Oak Forest
15100 S. Cicero
Cook
Calumet City
1210 Burnham Ave.
Cook
South Holland
15
E.
Sibley Blvd.
Cook
Lansing
177 Place
& Torrance
Cook
Chicago
2954 W.
Irving Park Road
Cook
Oak Lawn
6800 W. 95th Street
Cook
Nidlothian
14400 S. Crawford
Cook
Hanover Park
6600 Barrington/Maple
Cook
Chicago
2924
E. 87th Street
Cook
Country Club Hills 4015 W.
183rd Street
Cook
Burbank
5706 W. 79th Street
Cook
Schiller.Park
9999 W.
Irving Park Road
Cook
Tinley Park
16836
S. Oak Park
Cook
Chicago
3947 S. Kedzie
Cook
Justice
7901 87th Ct.
Cook
Riverdale
632 W.
138th Street
Cook
Glenwood
1750 Glenwood—Dyer Road
Cook
Posen
3033 W.
147th Street
Cook
South Holland
15555
S. Park
Cook
Schaumburg
1730 Wise Road
Cook
Franklin Park
2441 N. ?4annheim
DuPage
Woodridge
3004 Hobson
DuPage
Lombard
833 E.
St. Charles Road
Kane
Aurora
407 S. Lake Street
Kane
Aurora
619 5. Broadway
Kane
Aurora
1180 Farnsworth
Lake
Libertyville
704 N. Milwaukee Ave.
Lake
Waukegan
2107 Grand Avenue
Lake
Barrington
North West Hwy.
14
Lake
Wauconda
399 Liberty Street
Lake
Fox Lake
95 E. Grand
McHenry
McHenry
3811 Elm Street
McHenry
Woodstock
830
E. Lake Ave.
Will
Plainfield
23200 W. Lincoln Hwy.
Will
Joliet
3224
5. Larkin Street
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 Clark facilities was not possible by
3
the November
1, 1994 deadline for compliance because Clark has
contracted for the purchase and installation of vacuum assist
vapor recovery equipment, but that equipment and the crews
necessary to install it were 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.
(See 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. Adm. Code 218.586,
subject to the following conditions:
1.
The term of this provisional variance shall commence on
December 16, 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;
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 N.
Gunn, Clerk of the Illinois Pollution Control
Boar~,dohereby certi~
above order was adopted on the
/(~—day of
1995, by a vote of
z
~
,~i
/~LJ
Dorothy N.
c~I~hn,Clerk
Illinois PoI~utionControl Board