ILLINOIS POLLUTION CONTROL BOARD
    March 21, 1974
    )
    MOBIL OIL CORPORATION
    )
    3
    v.
    )
    PCB 73-563
    )
    73-564
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    Mobil Oil Corporation (Mobil
    Oil) filed two petitions
    on December 28, 1973 for variances from Rules
    205(a) (2) (A) and
    Rule
    205(b) (1)
    of the Air Pollution Regulations
    (Air Regulations).
    On January
    3,
    1974
    the Board consolidated the two variance requests.
    The Agency filed
    a Recommendation
    to Grant the Variances on
    February
    8,
    1974.
    No hearing •was held.
    Mobil
    Oil operates an oil bulk terminal located
    in North
    Pekin, Tazewell County,
    Illinois.
    This facility has five storage
    tanks
    and a drop-arm-type truck loading rack.
    Annual through-put
    in this facility is
    20.3 million gallons of gasoline and 9.0
    million gallons
    of fuel oil per year.
    Mobil seeks
    a variance
    from Rule
    205(b) (1) of the Air Regulations for its truck
    loading
    rack to October
    31, 1974 in order to complete modifications
    to
    allow the use
    of submerged pipe filling on the truck loading
    rack.
    Mobil
    also seeks variance from Rule 205(a) (2) (A)
    of the
    Air Regulations
    for the three storage tanks with storage capacity
    greater than 40,000 gallons until October
    31, 1974
    in order
    to
    allow it
    to
    install and make operational
    a floating roof.
    The
    compliance date
    for both these rules was December 31,
    1973.
    Mobil
    alleges that
    the reason for the delay in compliance
    was due
    to the potentially high cost of complying with Rule
    205
    before
    the Pollution Control Board modified Rule
    205(b) (1) on
    December 20,
    1973 pursuant to the request by the Illinois Petro-
    leum Council, R73-6 which was filed on March
    29,
    1973.
    The Board
    on December 20,
    1973 adopted the proposed modification to Rule
    205(b) (1) which accepted submerged pipe loading
    as
    an alternative
    to vapor recovery systems.
    Mobil alleges
    that it would have closed
    or divested itself of
    the facility rather than to spend the funds
    necessary to comply with Rule
    205(b) (1)
    as
    it originally existed.
    Mobil further alleges
    that to require compliance by December 31,
    1973 would have required the closing of the
    facility and thus
    would have constituted an arbitrary and unreasonable hardship.
    11-641

    -2-
    The Agency agrees that Mobil
    is entitled to
    a variance
    and that Mobil’s compliance schedule showing compliance by
    October 31,
    1974 is reasonable.
    While Mobil has not alleged any data as to the environmental
    impact that these continued emissions would have,
    the Agency
    has calculated the hydrocarbon emission rate from the storage
    tanks
    to be approximately 67 lbs. per hour and
    is unable to
    calculate
    the emission rate from the tank truck loading
    facility.
    The Agency has stated that Mobil’s compliance system
    will result in compliance with bpth rules.
    This Opinion constitutes the Board’s findings of
    fact and
    conclusions .of law.
    ORDER
    Mobil Oil
    is hereby granted a variance from Rules
    205(a)
    (2)(A)
    and 205(b) (1) of the Air Regulations until October
    31,
    1974 for its three storage tanks
    and loading facility subject
    to the following conditions:
    1.
    Mobil shall submit progress reports to the Division of
    Air Pollution Control,
    Illinois Environmental Protection
    Agency, beginning one month after the date
    of this Order,
    continuing thereafter quarterly;and
    2.
    Mobil
    shall post
    a Performance Bond in the amount of
    $10,000 by April
    30,
    l974.guaranteeing installation of the
    floating roofs
    and submerged pipe system as specified in this
    proceeding.
    IT
    IS SO ORDERED.
    I, Christan L.
    Moffett, Clerk
    of the Illinois Pollution Control
    Boar~d, hereby certify the above Opinion and Order were adopted on the
    ~‘f~’-
    day of March,
    1974 by a vote of
    5—
    Q
    f/)
    Christan L. Moffett, Cl~’fk
    Illinois Pollution Control Boar~
    11
    642

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