ILLINOIS POLLUTION CONTROL BOARD
February
3,
1994
SHELL OIL COMPANY,
)
)
Petitioner,
)
v.
)
PCB 94—48
)
(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)),
Shell Oil Company has requested
that the Illinois Environmental Protection Agency
(Agency)
recommend that the Board grant a provisional variance to allow
several of Shell Oil Company’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 1,
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 Shell Oil
Company a forty-five (45)-day provisional variance for eighty-
nine
(89)
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 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 a
previously-granted forty-five
(45)-day provisional variance that
expired January 29,
1994.
The docket number of the previous
provisional variance was PCB 94—11,
granted on January
6,
1994.
That prior provisional variance was itself an extension of the
forty—five
(45)—day provisional variance granted on November 4,
1993 in PCB 93—208.’
1
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
2
The Agency’s provisional variance recommendation states that
Shell Oil Company 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
49
DuPage
21
Will
7
Lake
4
McHenry
5
Kane
3
The addresses of those stations are listed in an attachment to
the Agency’s recommendation as follows
(* denotes potentially
incomplete address as received by the Agency):
County
City or Village
Street Address
Cook
BERWYN
7143 W ROOSEVELT ROAD
Cook
BRIDGEVIEW
7901 S ROBERTS RD/79TH
Cook
BROADVIEW
2425 W ROOSEVELT RD
Cook
BURBANK
7900
S CICERO AVE
Cook
CHICAGO
1400 W FULLERTON/SOUTH*
Cook
CHICAGO
215-25 W 31ST ST/WELLS
Cook
CHICAGO
801 W. ADDISON
Cook
CHICAGO
801 W GARFIELD/HALSTED
Cook
CHICAGO
6401 N. RIDGE/DEVON
Cook
CHICAGO
130 W. NORTH/LASALLE
Cook
CHICAGO
5201 N. WESTERN/FOSTER
Cook
CHICAGO
3201 W 26TH ST/KEDZIE
Cook
CHICAGO
30 W. ONTARIO/DEARBORN
Cook
CHICAGO
4401 N.
CICERO/MONTROS*
Cook
CHICAGO
11100 S CORLISS/I-94
Cook
CHICAGO
1160 W.
DIVERSEY/RACIN*
Cook
CHICAGO
505 N. ASHLAND/GRAND
Cook
CHICAGO
2941 E 83RD/COMMERICAL
Cook
CHICAGO
5701 N BROADWAY/HOLLYW*
Cook
CHICAGO
4002 W.
CHGO/PIJLASKI
Cook
CHICAGO
2401 W. ROOSEVELT/WEST*
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 variance granted in PCB 94-11 expired January 29,
1994,
and fewer than ninety
(90)
days elapsed in this calendar year,
the Board interprets Section 36(c)
as allowing Shell Oil Company
the Agency-recommended forty-five
(45)-day extension.
3
Cook
COUNTRYSIDE
6101 S LA GRANGE RD
Cook
DOLTON
1445 E SIBLEY/MICHIGAN
Cook
LINCOLNWOOD
7201 N. CICERO/TOUHY
Cook
LINCOLNWOOD
6400 LINCOLN/DEVON
Cook
MATTESON
4755 VOLMER/CICERO
Cook
NILES
5900 TOUHY/LEHIGH
Cook
PALATINE
1393
E. DUNDEE ROAD
Cook
SCHAUMBURG
575 S. ROSELLE ROAD
Cook
SCHAUMBURG
517 MALL/HIGGINS
Cook
SKOKIE
5025 OLD ORCHARD ROAD
Cook
WESTCHESTER
10200 W ROOSEVELT RD
Cook
WILMETTE
399 RIDGE/WILMETTE
Cook
HOFFMAN ESTATES
2
E. HIGGINS
Cook
OAK FOREST
16702
S CICERO AVE
Cook
RIVER FOREST
7201 W. NORTH/HARLEM
Cook
LA GRANGE
6701 JOLIET RD
Cook
MORTON GROVE
6941 W. DEMPSTER/WAUKE*
Cook
MORTON GROVE
5600 DEMPSTER
Cook
PROSPECT HTS
2 N. ELMHURST/CP MCDON
Cook
OAK LAWN
10601
S CICERO AVE.*
Cook
EVERGREEN PARK
2635 W.
87TH
@
TALMAN
Cook
FOREST PARK
7201 W. MADISON
Cook
HANOVER PARK
1507 W IRVING PK
Cook
OAK PARK
1 W. HARRISON
Cook
PALOS PARK
13056
S LA GRANGE RD
Cook
MOUNT PROSPECT
820 N. RIVER/EUCLID
Cook
MOUNT PROSPECT
927 5. BUSSE/GOLF
Cook
MOUNT PROSPECT
798 S ELMHURST/ALGONQ*
DuPage
ADDISON
500 E. LAKE
DuPage
BENSENVILLE
4 W.
IRVING PARK/YORK
DuPage
BLOONINGDALE
201 E. LAKE
DuPage
DARIEN
8226 S CASS
/
1—55
DuPage
ELMHURST
103 W.
3RD/YORK
DuPage
ELMHURST
301 W. BUTTERFIELD/SPR*
DuPage
HINSDALE
210 E OGDEN/YORK
DuPage
LISLE
4300 LINCOLN/WARRENVIL*
DuPage
LOMBARD
18 W 622 ROOSEVELT/MEYE*
DuPage
NAPERVILLE
1295 S RICKERT/75TH
DuPage
ROSELLE
4 IRVING PARK/ROSELLE
DuPage
WHEATON
NEC NAPERVILLE/EAST LO*
DuPage
WHEATON
100 W. GENEVA/MAIN
DuPage
WOODRIDGE
7500 LEMONT RD/75TH ST
DuPage
OAK
BROOK
2210 W 22ND ST
DuPage
WOOD DALE
110 E IRVING PK/WOOD D*
DuPage
DOWNERS GROVE
2212-50 OGDEN/BELMONT
DuPage
DOWNERS GROVE
10
S 281 LEMONT RD
DuPage
VILLA PARK
401 E.
ST CHARLES RD
DuPage
VILLA PARK
17 W 621 ROOSEVELT/MIDW*
DuPage
CAROL STREAM
106 W NORTH/GARY
Kane
CARPENTERSVILLE
25TH/HAZARD
Kane
GENEVA
1491 E STATE ST
@
KIRK
Kane
WEST DUNDEE
RT 31(8TH ST)/RT 72*
4
Lake
BARRINGTON
100 NW HWY/MAIN
Lake
DEERFIELD
2 WAUKEGAN/COUNTYLINE
Lake
HIGHLAND PARK
10 SKOKIE HWY/CNTY LIN*
Lake
MUNDELEIN
15809 N. MIDLOTHIAN
McHenry
ALGONQUIN
2 N. MAIN(RT 31)/RT 62
McHenry
CRYSTAL LAKE
681 TERRA COTTA
NcHenry
CRYSTAL LAKE
220 E. VIRGINIA/KEITH
McHenry
FOX RIVER GROVE
848 NORTHWEST HWY
NcHenry
MCHENRY
2022 W. ROUTE 120
Will
BOLINGBROOK
255 N NAPERVILLE/BOUGH*
Will
CRETE
1400 E STEGER RD./I-39
Will
FRANKFORT
7600 W RTE 30(GC)
Will
JOLIET
4230 W JEFFERSON(US
52)
Will
JOLIET
3021 PLAINFIELD RD
Will
LOCKPORT
15861 BELL RD. (GC)
Will
LOCKPORT
12810
143RD
@
BELL
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 Shell Oil Company facilities
is not
possible by the November
1,
1993 deadline for compliance because
vapor recovery equipment for Dresser Wayne gasoline dispensers
was not available before the compliance deadline due to problems
with premature nozzle shut—off and nozzle leakage.
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)
&
(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
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;
2.
The petitioner shall notify the Agency of the
5
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 N.
Gunn, Clerk of the Illinois Pollution Control
Bo~rd,~,dohereby certify~thatthe above order was adopted on the
~‘~-~-‘
day of _________________________,
1994,
by a vote of
7~.
77
,,
~Dorothy
N. GuJ~1, Clerk
Illinois Poil3~tionControl Board