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that an environmental problem may arise, which would require
CITGO to move the tanks. In some cases, CITGO may need to move a
tank only temporarily in order to replace the contaminated sand
underneath the tank. In other cases, however, as the
circumstances surrounding CITGO’s past tank relocations
demonstrate, CITGO may need to permanently remove a tank from one
site and place it at a different terminal.
In addition to environmental reasons for moving tanks, CITGO
may need to move tanks within a terminal for economic reasons,
such as to make room for terminal expansions, bring tanks closer
to pumping and loading facilities, or maximize terminal
facilities by joining tank farms together. We disagree with
respondent that the maintenance and repair work CITGO has
performed on the tanks negate the possibility that the tanks may
have to be moved. In order to keep the tanks in compliance with
EPA and industry standards, CITGO must perform maintenance and
make required repairs. This factor favors petitioner.
D. How Substantial a Job Is Removal of the Property and How
Time-Consuming Is It? Is It “Readily Removable”?
According to petitioner, removing the tanks is not a
substantial, time-consuming job. Petitioner concedes that
removing the tanks is a more “involved” process than removing
outdoor advertising signs, 1-hour photo labs, or gasoline
canopies but contends that removing the tanks is relatively no
more difficult. Respondent disagrees, arguing that the tanks are
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