ILLINOIS POLLUTION CONTROL BOARD
October 27,
1993
MARATHON OIL COMPANY,
Petitioner,
v.
PCB 93—200
(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)), Marathon Oil Company has requested
that the Illinois Environmental Protection Agency
(Agency)
recommend that the Board grant a provisional variance to allow
several of Marathon Oil Company’s gasoline dispensing operations
(service stations) to continue operating even though they will
not have installed 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, October 26,
1993.
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 Marathon
Oil Company a forty—five
(45)—day provisional variance for seven
(7)
of its facilities located in Cook, Kane,
McHenry, and Will
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 November 1,
1993, and
continuing for forty-five
(45) days or until the required vapor
recovery equipment is installed, whichever comes first.
The
Agency’s recommendation states that six
(6) Marathon Oil Company
facilities are involved, but Board review of the company’s
request revealed seven
(7)
facilities.
The Agency’s provisional variance recommendation states that
Marathon 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
4
Kane
1
McHenry
1
Will
1
The addresses of those stations are listed as follows:
2
County
City or Villac~e
Street Address
Cook
Des Plaines
10 W. Golf Road
Cook
Rolling Meadows
4200 Kirchoff Road
Cook
Northbrook
1795 Schermer Road
Cook
Hanover Park
1260 Lake Street
Kane
Aurora
1795 N. Farnsworth
McHenry
McHenry
4608 W. Crystal Lake Road
Will
Joliet
Glenwood & Republic
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 Tokheim vacuum assist vapor recovery
equipment is still in the final stages of California Air Review
Board
(CARB)
approval and cannot be installed and delivered in
time to meet the November
1,
1993 deadline for compliance.
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
November 1,
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
3
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board, do hereby certify that the above order was adopted on the
~7’~
day of
__________________________,
1993, by a vote of
(2
Control Board