ILLINOIS POLLUTION CONTROL BOARD
    December
    1,
    1994
    MARCLEY’S,
    )
    Petitioner,
    )
    v.
    )
    PCB 94—357
    )
    (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)), Marcley’s has requested that the
    Illinois Environmental Protection Agency (Agency) recommend that
    the Board grant a provisional variance to allow Marcley’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.
    On November 30,
    1994, the Agency filed an amended recommendation accompanied by a
    motion for leave to file instanter which is hereby granted.
    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 Marcley’s
    a forty—five
    (45)-day provisional variance for its facility
    located at 611 Ashland Street, Aurora, Kane County, 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 November 4,
    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
    2
    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.
    Adin. Code 218.586,
    subject to the following conditions:
    1.
    The term of this provisional variance shall commence on
    November 4,
    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 Enviromnental Protection Agency
    Division of Air Pollution Control
    P.O. Box 19276
    Springfield, Illinois
    62794—9276
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certify ~thatthe above order was adopted on the
    /~L-~
    day of _________________________,
    1994, by a vote of
    7-~c)
    1
    4
    /
    (
    /1
    ~
    ~
    Dorothy N. ,~.inn,Clerk
    Illinois Póflution Control Board

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