ILLINOIS POLLUTION CONTROL BOARD
    January 6,
    1994
    DELTA SONIC
    CAR
    WASH
    )
    SYSTEMS,
    INC.,
    )
    Petitioner,
    )
    V.
    )
    PCB 94—7
    )
    (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)), Delta Sonic Car Wash Systems, Inc.
    (Delta Sonic) has requested that the Illinois Environmental
    Protection Agency
    (Agency) recommend that the Board grant a
    provisional variance to allow Delta Sonic’s gasoline dispensing
    operations
    (service station)
    to continue operating even though it
    did not install 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, January
    4,
    1994.
    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 Delta
    Sonic a forty—five (45)-day provisional variance for its facility
    located in Cook County in the Chicago metropolitan statistical
    area from the Stage II vapor recovery requirements, as set forth
    in 35 Iii.
    Adm. Code 218.586,
    for the period beginning December
    16,
    1993,
    and continuing for forty—five
    (45) days or until the
    required vapor recovery equipment is installed, whichever comes
    first.
    This recommendation is essentially that the Board extend a
    previously-granted provisional variance that expired December 15,
    1993.
    The docket number of the previous provisional variance was
    PCB 93-218,• granted on November 18,
    1993.
    The Agency’s provisional variance recommendation states that
    Delta Sonic has requested a provisional variance on behalf of its
    service station in the Chicago area,
    located as follows:
    County
    City or Villac~e
    Street Address
    Cook
    Tinley Park
    159th
    & Oak Park Drive
    Upon receipt of the request, the Agency issued its
    recommendation,
    notifying the Board that the failure to grant the
    2
    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 Delta Sonic facilities is not possible
    by the November
    1,
    1993 deadline for compliance because Delta
    Sonic has contracted for the purchase and installation of
    Hasstech vapor recovery equipment, but that equipment and the
    crews necessary to install it was not available before the
    compliance deadline.
    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.
    (~
    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
    December
    16,
    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
    3
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, do hereby certify that the above order was adopted on the
    (c-S
    day of ___________________________,
    1994,
    by a vote of
    ~7—O.
    i’,
    /
    ~
    “Dorothy M. ç4hn,
    Clerk
    Illinois Pc4jution Control Board

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