tLLtNOIS PUuLLTION C!ONTPOL
    BOARD
    ~ecruary
    14, L74
    PEXACO, NC.
    et~tioner,
    ‘S
    P~2B
    “:— •
    £NVI RONMENTAL PRO!ECL ION
    nCr
    t
    1’?
    ResDondent.
    Edwin J. Bacicley Attorney, on behaf cf Petitioner;
    Penneth J. Gumbiner Assiataasc Attorney Gener&., on behal:
    a.. Respondent.
    OPINION
    AND
    ORDER OF
    “HE
    BOARD
    (by ZJr. Sewn
    This is a Petition for ~
    Variance
    tiled
    at
    February
    9,
    1973.
    Petitioner operates a petroleum refinery
    1
    nmediately
    adjacent to the City of Lockport in Will County, Illinois.
    Petitioter seeks a Variane from the compliance date of
    December 31, 1973 for contros of hy&rocarbon emissions
    from
    ~torage
    tanks,
    contained
    -
    n Poflu ion Control Board Regu—
    lations, Chapter 2, Part II, Rule 205(a).
    Petitioner has at its ~ockport refinery a total of
    tofly-eight (48) stationary tarics, each having a capacity
    of 40,000 gallons. Eleven (11) tanks pzesenty are pressunzed
    and are capable of withstanding the pressure
    of the materials
    stored therein.
    One
    existing tank presently nas a floating
    root as described by Rule 205(a) (2) (A). An additional five
    (5) tanks will have floating roofs as described by Rule
    205(a) (2) (A) on or before December 31, 1973. Petitioner
    requests a Variance for thirty-one (31) stationary storage
    tanks which will not have floating roofs before
    December
    31,
    1973 but will comply with Rule 205(a) according to the following
    schedule:
    Capacity
    Proposed Completion
    !ank No.
    Bbl.
    Date
    19680
    25,000
    Tuly 1, 1974
    1374k
    .30,000
    .1_al
    Tark No
    19559
    19558
    19675
    19746
    3727
    19654
    3728
    3724
    19652
    Capacity
    Bbi
    182,000
    35,000
    82,000
    80,000
    182,000
    6,400
    178,000
    13,200
    6,400
    Proposed Completion
    Date
    July 1,
    1975
    19624
    19560
    4645
    11464
    19631
    19676
    19747
    3703
    3702
    3736
    3723
    19679
    19682
    3733
    19510
    3701
    19745
    19677
    19623
    19681
    182,000
    182,000
    11,700
    4,700
    80,000
    82,000
    80,000
    118,000
    118,700
    150,000
    3,700
    25,000
    15,000
    15,000
    118,000
    118,000
    80,000
    82,000
    82,000
    15,000
    Petitioner presented
    five witnesses at
    the
    hearing
    which was concluded on November 29, 1973. Seven Exhibits
    were also introduced into evidence by Petitioner.
    Pendeleton Beall, Jr., Texaco Plant Manager, testified
    as to the number of engineers who were employed by Texaco
    involved with pollution control (pp. 21), Petitioner’s
    Exhibit #1 indicated a list of Environmental projects
    in progress totalling $50,000,000. Other witnesses testified
    to manpower, time, cost, etc. No witnesses or Exhibits
    were presented on behalf of the Respondent.
    The Board finds that the Texaco Company has met its
    burden, in this case, as distinguished from PCB~s73-14
    Texaco, 1nc~ (Lawrence Refinery) in that there was no clear
    showing that engineering manpower was not available.
    July 1, 1976
    July 1, 1977
    11 —258
    — 3—.
    Also, since the close of the record in this case (11/29/73)
    the energy crisis has come upon us and this Board takes
    notice of
    its
    existence. We cannot impede
    the
    production
    of fuel and to deny this Variance might have such an effect.
    The Petitioner has presented a reasonable compliance
    schedule
    This Opinion constitutes the findings of fact and
    conclusions of law of the Board.
    ORDER
    The Pollution Control Board hereby grants a variance
    until December 31, 1974 from PCB Rule 205(a), Chapter
    2 on the use of 31 stationary tanks provided:
    1. TEXACO be required to submit a list of the
    tanks to be refitted during the period of -the first
    Variance;
    2. TEXACO submit progress reports at 90 day intervals
    during the Variance period;
    3. TEXACO apply for an extension of the Variance
    no later than 90 days prior to the expiration of the
    Variance;
    4. TEXACO is to post, within ‘35 days of the date of
    this Order, in a form satisfactory to the Agency, a
    performance bond equal to $100,000, which bond shall be
    released in the amount of $20,000 for each tank that is
    refitted, said bond shall he sent to: Illinois Environmental
    Protection Agency, Fiscal Services Section, 2200 Churchill
    Road, Springfield, Illinois 62706.
    IT IS SO ORDERED.
    I, Christan L, Moffett, Clerk of the Illinois
    Pollution Control Board, certify t~t the ahoy.. Opnion
    and Order was adopte~on this
    /~(
    ~ day of
    _______________
    1974 by a vote of
    ~ 0
    II — 259

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