ILLINOIS POLLUTION CONTROL BOARD
    March 31,
    1994
    STATE OIL COMPANY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—100
    )
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    Pursuant to Section 35(b)
    of the Environmental Protection
    Act
    (Act)
    (415 ILCS 5/35(b)), State Oil Company has requested
    that the Illinois Environmental Protection Agency (Agency)
    recommend that the Board grant a provisional variance to allow
    State Oil Company’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,
    March 29,
    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 State Oil
    Company a sixteen (16)—day provisional variance for one
    (1)
    of
    its facilities located in Cook County at 9340 Irving Park Road,
    Schiller Park,
    Illinois in the Chicago metropolitan statistical
    area from the Stage II vapor recovery requirements, as set forth
    in 35 Ill. Adm. Code 218.586,
    for the period beginning March 16,
    1994, and continuing for sixteen (16)—days or until the required
    vapor recovery equipment
    is installed, whichever comes first.1
    This recommendation is essentially that the Board extend a
    previously-granted forty-five
    (45)—day provisional variance that
    expired March 15,
    1994.
    The docket number of the previous
    provisional variance was PCB 94—66, granted on February 17,
    1994.
    That prior provisional variance was itself an extension of the
    forty-five
    (45)-day provisional variance granted on January
    6,
    1994
    in PCB 94-6.
    That prior provisional variance was itself an
    ‘Petitioner originally
    requested
    provisional
    variances
    for
    thirteen (13) of its facilities, but the Agency without explanation
    recomended
    that
    the
    Board
    grant
    Petitioner’s
    request
    for
    a
    provisional variance only for its facility located in Cook County
    at 9340 Irving Park Road,
    Schiller Park,
    Illinois 60176.
    (Agency
    Recomendation at 4.)

    2
    extension of the forty-five (45)-day granted on October 27,
    in
    PCB
    93_198.2
    The Agency’s provisional variance recommendation states that
    State Oil Company has requested a provisional variance on behalf
    of one of its service stations in the Chicago area,
    located as
    follows:
    County
    City or Village
    Street Address
    Cook
    Schiller Park
    9340 Irving Park Road
    Upon receipt of the request, the Agency issued its
    recommendation, notifying the Board that the failure to grant the
    requested sixteen (16)—day provisional variance would impose an
    arbitrary or unreasonable hardship on the petitioner.
    The Agency
    recommendation states that installation of Stage II vapor
    recovery equipment at the State Oil Company facilities is not
    possible by the November 1, 1993 deadline for compliance because
    severe weather conditions have made it impossible to complete the
    outdoor activities necessary for the installation of vapor
    recovery equipment for its gasoline dispensers,
    and that
    equipment and the crews necessary to install it were 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)
    &
    36(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
    2
    Section 36(c)
    of the Act imposes limitations on the
    Board’s ability to extend a provisional variance:
    Any provisional variance granted by the Board pursuant
    to subsection
    (b) of Section 35 shall be for a period
    of time not to exceed 45 days.
    Upon receipt of a
    recommendation from the Agency to extend this time
    period, the Board shall grant up to an additional 45
    days.
    The provisional variances granted to any one
    person shall not exceed
    a total of 90 days during any
    calendar year.
    Since the variances granted in PCB 94-6 expired January 29,
    1994
    and PCB 94-66 expired March 15,
    1994, and fewer than ninety
    (90)
    days elapsed in this calendar year,
    the Board interprets Section
    36(c)
    as allowing State Oil Company the Agency—recommended
    sixteen
    (16)—day extension.

    3
    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 the 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 March 16,
    1994, and it shall
    expire on the date the petitioner completes
    the required installation of vacuum assist
    Stage II vapor recovery equipment,
    or after
    sixteen
    (16) 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
    IT IS SO
    ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certify that the above order was adopted on the
    ______
    day of ___________________________,
    1994, by a vote of
    /77
    Dorothy M.
    n, Clerk
    Illinois P
    1 ution Control Board

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