ILLINOIS POLLUTION CONTROL BOARD
January
6,
1994
MOBIL OIL CORPORATION,
)
Petitioner,
v.
)
PCB 94-4
(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)), 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 forty-
five
(45) 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. Adm. 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 93-199, granted on October 27,
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
23
DuPage
15
Lake
6
Kendall
1
2
The addresses of those stations are listed as follows:
County
City or Village
Street Address
Cook
Alsip
400 W.
127th Street
Cook
Arlington Heights
3005 E. Rand Road
Cook
Buffalo Grove
1200 W. Dundee Road
Cook
Buffalo Grove
10 W. Dundee Road
Cook
Chicago
4001 W. Irving Park Road
Cook
Des Plaines
800 W. Oakton Street
Cook
Des Plaines
9701 Milwaukee Avenue
Cook
Elk Grove Village
1600 Nerge Road
Cook
Hoffman Estates
1700 W. Algonquin Road
Cook
Hoffman Estates
615 W. Higgins Road
Cook
Hoffman Estates
2595 W. Golf Road
Cook
Hoffman Estates
One W. Golf Road
Cook
Lincolnwood
6777 Lincoln Avenue
Cook
Matteson
4801 W. 211th Street
Cook
Orland Park
14300 96th Avenue
Cook
Palatine
1490 N. Quentin Road
Cook
Rosemont
9401 W. Higgins Road
Cook
Schamburg
1180
S. Roselle Road
Cook
Schaumburg
780 E. Schaumburg Road
Cook
Schaumburg
1601 E. Algonquin Road
Cook
Skokie
4002 Dempster Street
Cook
Streamwood
2
S.
Sutton Road
Cook
Western Springs
5500
S. Wolf Road
DuPage
Bloomingdale
102
E. Lake Street
DuPage
Carol Stream
870 W. Army Trail Road
DuPage
Downers Grove
2181 63rd Street
DuPage
Glendale Heights
234 Army Trail Road
DuPage
Itasca
1400 Arlington Heights Road
DuPage
Itasca
1150 W.
Irving Park Road
DuPage
Lombard
435 W. Roosevelt Road
DuPage
Naperville
1420 E. Ogden Avenue
DuPage
Naperville
1598 W. Ogden Avenue
DuPage
Naperville
988 South Route 59
DuPage
Naperville
1280 W. Ogden Avenue
DuPage
Naperville
8S080 Route 59
DuPage
Willowbrook
7675 Kingery Highway
DuPage.
Wood Dale
1000 N. Wood Dale Road
DuPage
Woodridge
1940 75th Street
Kendall
Montgomery
1987 Douglas Avenue
Lake
Buffalo Grove
1248 N. McHenry Road
Lake
Gurnee
6155 W. Grand Avenue
Lake
Lake Bluff
2 Waukegan Road
Lake
Lake Zurich
650 S. Rand Road
Lake
Libertyville
1790 N. Milwaukee Avenue
Lake
Riverwoods
2201 Deerfield Road
Upon receipt of the request, the Agency issued its
recommendation, notifying the Board that the failure to grant the
3
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
Tokheim is in the last stages of CARB approval for vacuum assist
vapor recovery equipment for its gasoline dispensers,
and that
equipment
was 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.
(~
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
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
Boar~, do hereby cert.
above order was adopted on the
~ZJi~~~-
day of
1994, by a vote of
7-p
Control Board