ILLINOIS POLLUTION CONTROL BOARD
    March 31, 1994
    MOBIL OIL CORPORATION,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—101
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE
    BOARD
    (by J. Theodore Meyer):
    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,
    March 29,
    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 sixteen (16)-day provisional variance for seventy—
    four
    (74)
    of its facilities located in five
    (5) counties in the
    Chicago metropolitan statistical area from the Stage II vapor
    recovery requirements, as set forth in 35 Ill.
    Adm.
    Code 218.586,
    ~
    March 16,
    1994, and continuing for
    sixteen (16) days or until the required vapor recovery equipment
    is installed, whichever comes first.
    This recommendation is essentially that the Board extend
    previously-granted forty-five (45)-day provisional variances that
    expired March 15,
    1994 granted in PCB 94—64.
    The docket numbers
    of the prior provisional variances were PCB 94—4, as to forty—
    five
    (45)
    facilities, and PCB 94-8,
    as to thirty—eight
    (38)
    of
    forty—six
    (46)
    facilities, granted on January 6,
    1994 and both
    expiring on January 29,
    1994, PCB 94-36, granted on January 20,
    1994, as to one facility and expiring on February 24,
    1994,
    and
    PCB 94-64, granted as to all seventy-four
    (74) facilities,
    expired on March 15,
    1994.1
    Section 36(c)
    of the Act imposes limitations on the
    Board’s ability to extend
    a provisional variance:

    2
    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
    38
    DuPage
    23
    Lake
    11
    Kendall
    1
    Will
    1
    The addresses of those stations are listed as follows:
    countY
    City or Village
    Street Address
    Cook
    Arlington Heights
    3005 E. Rand Road
    Cook
    Arlington Heights
    1880 S. Arlington Heights Rd
    Cook
    Buffalo Grove
    1200 W. Dundee Road
    Cook
    Calumet City
    2074 Sibley Boulevard
    Cook
    Chicago
    2801 W. Diversey Avenue
    Cook
    Chicago
    4001 W. Irving Park Road
    Cook
    Chicago
    9901
    S. Halsted Street
    Cook
    Chicago
    7601 S. State Street
    Cook
    Des Plaines
    9701 Milwaukee Avenue
    Cook
    Des Plaines
    800 W. Oakton Street
    Cook
    Elk Grove Village
    1600 Nerge Road
    Cook
    Elk Grove Village
    8
    E. Higgins Road
    Cook
    Elk Grove Village
    1699 Landmeier Road
    Cook
    Hanover Park
    6800 Barrington Road
    Cook
    Hoffman Estates
    615 W. Higgins Road
    Cook
    Hoffman Estates
    1700
    W.. Algonquin Road
    Cook
    Hoffman Estates
    2595 W. Golf Road
    Cook
    Lincolnwood
    6777 Lincoln Avenue
    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
    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 variances granted in PCB 94-4 and PCB 94-8, expired
    January 29,
    1994, PCB 94-36, which expired February 24,
    1994,
    and
    PCB 94-64 which expired March 15,
    1994 and fewer than ninety
    (90)
    days elapsed in this calendar year,
    the Board interprets Section
    36(c)
    as allowing Mobil Oil Corporation the Agency-recommended
    sixteen (16)-day extension.

    3
    Cook
    Lincolnwood
    6401 N. Cicero Avenue
    Cook
    Natteson
    4801 W.
    211th Street
    Cook
    Norton Grove
    7951 Golf Road
    Cook
    Norridge
    8339 W. Lawrence Avenue
    Cook
    Northbrook
    1999 Willow Road
    Cook
    Oak Lawn
    8700 S. Cicero Avenue
    Cook
    Oak Lawn
    10240
    5. Crawford
    Cook
    Orland Park
    14300 96th Avenue
    Cook
    Palatine
    1228 Dundee Road
    Cook
    Palatine
    1800 S. Roselle Road
    Cook
    Palatine
    1490 N. Quentin Road
    Cook
    River Forest
    754 N. Harlem Avenue
    Cook
    River Grove
    8359 W. Grand Avenue
    Cook
    Rolling Meadows
    2101 Hicks Road
    Cook
    Rosemont
    9401 W. Higgins Road
    Cook
    Schaumburg
    780 E. Schauinburg Road
    Cook
    Schauinburg
    1601 E. Algonquin Road
    Cook
    Schaumburg
    1530 W. Schauinburg
    Cook
    Skokie
    4002 Dempster Street
    Cook
    Streamwood
    2
    S.
    Sutton Road
    DuPage
    Addison
    20 W 561 Lake Street
    DuPage
    Carol Stream
    870 W. Army Trail Road
    DuPage
    Downers Grove
    2181 63rd Street
    DuPage
    Elmhurst
    1000 N. York Street
    DuPage
    Glendale Heights
    234
    Army
    Trail Road
    DuPage
    Glendale Heights
    1202 Bloomingdale Road
    DuPage
    Itasca
    1150 W.
    Irving Park Road
    DuPage
    Itasca
    1400 Arlington Heights Road
    DuPage
    Lombard
    435 W. Roosevelt Road
    DuPage
    Lombard
    2150 S. Highland Avenue
    DuPage
    Naperville
    1598 W. Ogden Avenue
    DuPage
    Naperville
    1280 W. Ogden Avenue
    DuPage
    Naperville
    1420 E. Ogden Avenue
    DuPage
    Naperville
    1671 N. Route 59
    DuPage
    Naperville
    20
    E. Odgen Avenue
    DuPage
    Naperville
    8S080 Route 59
    DuPage
    Naperville
    1576 S. Washington
    DuPage
    Naperville
    988 South Route 59
    DuPage
    West Chicago
    27 W 210 N. Avenue
    DuPage
    Westmont
    798 E. Odgen Avenue
    DuPage
    Willowbrook
    7675 Kingery Highway
    DuPage
    Wood Dale
    1000 N. Wood Dale Road
    DuPage
    Woodridge
    1940 75th Street
    Kendall
    Montgomery
    1987 Douglas Avenue
    Lake
    Barrington
    504 E. Main Street
    Lake
    Buffalo Grove
    1248 N. McHenry Road
    Lake
    Deerfield
    650 Waukegan Road
    Lake
    Gurnee
    6155 W. Grand Avenue
    Lake
    Highland Park
    2580 Skokie Valley
    Lake
    Highland Park
    1333 Half Day Road
    Lake
    Highwood
    1000 Sheridan Road
    Lake
    Lake Zurich
    650 S. Rand Road

    4
    Lake
    Lake Bluff
    2 Waukegan Road
    Lake
    Vernon Hills
    485 W. Route
    60
    Lake
    Vernon Hills
    294
    E. 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 sixteen (16)—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 Mobil Oil Corporation facilities is not
    possible by the November 1,
    1993 deadline for compliance because
    vapor recovery equipment for seven facilities with Tolhiem
    dispensers have not yet been CARB—approved, because vacuum assist
    vapor recovery systems for 36 facilities using Gilbarco
    dispensers with Dresser Wayne electronics have not yet been CARB—
    approved, and because CARD—approved vacuum assist vapor recovery
    equipment for Dresser Wayne dispensers was not available before
    the compliance deadline at 31 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.
    (~
    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
    March 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 sixteen
    (16) 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

    5
    IT
    IS
    SO
    ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Bo
    d, ~o hereby certify that the ab9ve order was adopted on the
    ~/~~day
    of
    ~
    £~-t~/_-~
    ,
    1994,
    by a vote of
    _______.
    ~
    Dorothy M. Gur)z~Clerk
    Illinois Pol~ion Control Board

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