ILLINOIS POLLUTION CONTROL BOARD
November
4,
1993
MOBIL OIL CORPORATION,
Petitioner,
v.
)
PCB 93—212
)
(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 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, November 2,
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 Mobil Oil
Corporation a forty—five (45)-day provisional variance for forty-
six
(46) 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 Iii.
Adin.
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 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
26
DuPage
10
Lake
9
Will
1
The addresses of those stations are listed as follows:
County
City or Village
Street Address
2
Cook
Cook
Cook
Cook
Cook
Cook
Cook
Cook
Cook
Cook
Cook
Cook
Cook
Cook
Cook
Cook
Cook
Cook
Cook
Cook
Cook
Cook
Cook
Cook
Cook
Cook
DuPage
DuPage
DuPage
DuPage
DuPage
DuPage
DuPage
DuPage
DuPage
DuPage
Lake
Lake
Lake
Lake
Lake
Lake
Lake
Lake
Lake
Will
Arlington Heights
Calumet City
Chicago
Chicago
Chicago
Des Plaines
Des Plaines
Des Plaines
Elk Grove Village
Elk Grove Village
Hanover Park
Hinsdale
Hinsdale
Lincolnwood
Morton Grove
Norridge
Northbrook
Oak Lawn
Oak Lawn
Palatine
Palatine
River Forest
River Grove
Schaumburg
Schiller Park
Schiller Park
Addison
Elmhurst
Glendale Heights
Lombard
Naperville
Naperville
Naperville
West Chicago
Westmont
Wood Dale
Barrington
Deerfield
Highland Park
Highland Park
Highwood
Lake Forest
Lake Forest
Vernon Hills
Vernon Hills
Crest Hill
1880 S. Arlington Heights
Road
2074
2801
7601
9901
9701
1960
1960
1699
8
E.
6800
55th
(North)
55th
& Tn-State Toliway
(South)
6401 N.
Cicero Avenue
7951 Golf Road
8339 W. Lawrence Avenue
1999 Willow Road
10240
S. Crawford
8700 S.
Cicero Avenue
1228 Dundee Road
1800 S. Roselle Road
754 N. Harlem Avenue
8359 W. Grand Avenue
1530 W. Schauinburg
4100 Denly Road (South)
4100 Denly Road (North)
20W561 Lake Street
1000 N. York Street
1202 Bloomingdale Road
2150 S. Highland Avenue
1576 S. Washington
1671 N. Route 59
20
E. Odgen Avenue
27 W.
210 N. Avenue
798
E. Odgen Avenue
1000 N. Wood Dale Road
504 E. Main Street
650 Waukegan Road
1333 Half Day Road
2580 Skokie Valley
1000 Sheridan Road
695 Bradley Road
(North)
695 Bradley Road
(South)
294 E. Route 60
485 W. Route 60
1800 N. Plainfield
Upon receipt of the request, the Agency issued its
recommendation,
notifying the Board that the failure to grant the
Sibley Boulevard
W. Diversey Avenue
S. State Street
S. Halsted Street
Milwaukee Avenue
S.
Mt. Prospect
(North)
S. Mt. Prospect (South)
Landmeier Road
Higgins Road
Barrington Road
& Tn-State Tollway
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
CARB-approved vacuum vapor recovery equipment
is not yet
available for Tokheim gasoline dispensers and Gilbarco dispensers
with Dresser electronics.
The Board notes that three of the above—listed stations are
added to correct errors in the provisional variance issued in PCB
93-199,
in which Mobil Oil Corporation obtained a provisional
variance for forty—five of its stations.
These are indicated in
attachment
4 to the Agency recommendation.
The listing of the
485
W. Route 60 station in Vernon Hills and the 9701 Milwaukee
Avenue station in Des Plaines result from a errors in the request
for variance.
The listing of the 1000 N. Wood Dale Road station
in Wood Dale results from an error in the PCB 93—199 order.
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.
(~g~
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
4
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board,
do hereby
certify
that the above order was adopted on the
~4tzL
day of ___________________________,
1993,
by a vote of
I
~
•
Dorothy N. 94~n,Cle~k
Illinois Po~4utionControl Board