ILLINOIS POLLUTION CONTROL BOARD

December 1,

1994

BARTLETT UNION 76 #172,

)

Petitioner,

v.

)

PCB 94—360

)

(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)), Bartlett Union 76 #172 has

requested that the Illinois Environmental Protection Agency

(Agency) recommend that the Board grant a provisional variance to

allow Bartlett Union 76 #172’s gasoline dispensing operation

(service station) to continue operating even though it did not

install operational vapor recovery equipment by November 1,

1994.

This provisional variance is being requested because petitioner’s

contractor was not available to perform the installation at the

facility before the compliance deadline.

This request for a

provisional variance and the Notification of Recommendation was

filed with the Board by the Agency on Tuesday, November 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 Bartlett

Union 76 #172 a forty-five

(45)—day provisional variance for its

facility located at 575 W. Lake,

Bartlett, Cook County,

Illinois

in the Chicago metropolitan statistical area from the Stage II

vapor recovery requirements, as set forth in 35 Ill.

Adin.

Code

218.586, for the period beginning November 1,

1994, and

continuing for forty-five

(45)-days or until the required vapor

recovery equipment is installed, whichever comes first.

Upon receipt of the request, the Agency issued its

recommendation,

notifying the Board that the failure to grant the

requested forty—five

(45)-day provisional variance would impose

an arbitrary or unreasonable hardship on the petitioner.

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

is to adopt a formal order, to assure the formal maintenance of

the record, to assure the enforceability of the variance, and to

---

2

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

November

1,

1994, and continue for forty-five

(45)-days or

until the required vapor recovery equipment is installed,

whichever comes first.

2.

The petitioner shall notify the Agency upon

installation of the Stage II gasoline 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

Board1 do hereby certify that the above order was adopted on the

/4~-r

day of ___________________________,

1994,

by a vote of

~

J2L.

Dorothy M.

c~4~in,Clerk

Illinois P~4lutionControl Board