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