ILLINOIS POLLUTION CONTROL BOARD
    February 14, 1974
    CITIES SERVICE OIL COMPANY,
    )
    Petitioner,
    vs.
    )
    PCB 73—495
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    Charles A. Purser, Attorney, on behalf of Petitioner;
    Peter Orlinsky, Attorney, on behalf of Respondent.
    OPINION AND ORDER OF THE BOARD (by Mr. Seaman)
    On November 19, 1973, Cities Service Oil Company filed
    its Petition For Variance, seeking therein variance from
    Rules 205(a) and 205(b) (1) of the Air Pollution Regulations
    until June 1, 1974.
    Petitioner is the owner and operator of what is known
    as the Waterway Terminals, Inc. facility, located at 5101
    South Harlem Street, Forest View, County of Cook, Illinois.
    At
    said facility, Petitioner operates a petroleum products
    terminal for the storage and transportation of such products
    as motor gasoline and fuel oils. The facility includes two
    storage tanks for regular gasoline, one storage tank for
    premium gasoline, four storage tanks for #2 fuel oil, one
    storage tank for #1 fuel oil and two truck loading racks.
    Petitioner states that, per month, an average of 153,000
    barrels of motor gasoline and 63,700 barrels of fuel oils
    are stored and subject to transportation from its facility to
    the consumer market. Petitioner estimates that as a result
    of said operations, approximately 127,750
    pounds per month
    of organic material, in the nature of hydrocarbons, may be
    discharged.
    Petitioner controls discharges into the atmosphere by
    using submerged loading pipes at its loading rack and
    pressure vacuum vents and a vapor sphere in connection with
    its storage tanks.
    11—273
    —2—
    Petitioner’s facility is subject to Rule
    205, and
    pursuant to said Rule, Petitioner filed the requisite
    application for operating permit and received a permit
    to operate the subject facility. Petitioner’s compliance
    program stated that by December 31, 1973, its terminal
    would cease handling motor gasoline, thus removing the
    source of any possible regulated hydrocarbon emissions.
    Petitioner, now alleges that i~twill not be able to
    transfer all motor gasoline operations from the subject
    Waterway Terminal facility until June 1, 1974, for the
    following reasons beyond its control:
    1. Petitioner’s loading racks at its Lemont facility,
    which handle a portion of Petitioner’s gasoline distribution,
    have been unexpectedly shut down for a prolonged period,
    forcing Petitioner to transfer its gasoline from Lemont
    to the Waterway Terminal facility.
    2. Gasoline from the Waterway Terminal is to be
    transferred to Petitioner’s Des Plaines terminal. However,
    due to construction delays and failure to receive construction
    permits, operation of the Des Plaines terminal has been
    delayed.
    On the basis of discussions between Agency surveillance
    personnel and personnel at the Lemont and Des Plaines
    facilities, the Agency believes that Petitioner’s time
    schedule is not unreasonable and recommends that the variance
    be granted.
    Petitioner alleges that fai1~ire to receive the variance
    it is requesting would impose an arbitrary and unreasonable
    hardship in that Petitioner would have to immediately cease
    gasoline operations at its Waterway Terminal facility or
    expend $150,000 to install floating roof tanks even though
    it plans to cease operation by June 1, 1974.
    We are satisfied that it would be a wasteful expenditure
    of money to require Petitioner to install floating roof tanks
    when such installation probably could not be completed prior
    to the date Petitioner intends to cease gasoline operations.
    The subject facility is located in an industrial area
    at least 1/2 mile from the nearest residence. We are dispc~d
    to grant the variance requested, subject to certain conditi~:~:,
    particularly in view of the current shortage of gasoline~
    It would also be a hardship on bhose persons dependent
    c;~
    gasoline from the subject terminal to cut off their sou:;:o9.
    Of
    supply.
    11
    274
    —3—
    Petitioner’s request for variance from the provisions
    of Rule 205(b) (1) of the Air Pollution Regulations has
    been rendered moot by the modification thereto ordered
    by this Board on December 20, 1973 (R. 73-6).
    This Opinion constitutes the findings of fact and
    conclusions of law of the Board.
    ORDER
    IT IS THE ORDER of the Pollution Control Board that
    Petitioner, Cities Service Oil Company, be granted a
    variance from the provisions of Rule 205(a) of the Air
    Pollution Regulations to enable Petitioner to operate the
    subject Waterway Te~j.zraIun?il June 1, 1974, subject to
    the following condftions:
    1. Petitioner shall,-beginning on March 1, 1974,
    submit monthly reports to the Agency, detailing therein
    the p±bgress it has made toward curtailing the motor
    gasoline operation at its Waterway Terminal.
    2. Petitioner shall notify the Agency on the date
    it ceases all ~gasoline operations at its Waterway Terminal.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    C~ntro1Board, certify that the abov 0 nion and Order
    was adopted on this
    i4~-
    day of
    ________________,
    1974
    by a vote of
    _______________
    11 —275

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