ILLINOIS POLLUTION CONTROL BOARD
November 18, 1993
THE HERTZ CORPORATION,
)
Petitioner,
v.
)
PCB 93—217
)
(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)), the Hertz Corporation has requested
that the Illinois Environmental Protection Agency (Agency)
recommend that the Board grant a provisional variance to allow
the Hertz Corporation’s gasoline dispensing operations to
continue operating even though it did not install required
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,
November 16, 1993. 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 the Hertz
Corporation 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 Ill. Adm. Code 218.586, for the period
beginning NOvember 1, 1993, and continuing for forty-five (45)
days or until the required vapor recovery equipment is installed,
whichever comes first.
The Agency’s provisional variance recommendation states that
the Hertz Corporation has requested a provisional variance on
behalf of its service station in the Chicago area, located as
follows:
County
City or Village Street Address
Cook
Chicago
O’Hare Airport
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 Petitioner. The Agency
recommendation states that installation of Stage II vapor
recovery equipment at the the Hertz Corporation facility is not
possible by the November 1, 1993 deadline for compliance because
delays in planning for the construction of a new facility may
2
make it necessary to remove and replace the vapor recovery
equipment for its gasoline dispensers.
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
Petitio~ier 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, 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
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of •the Illinois Pollution Control
Bo~~~dohereby cer if that the above order was adopted on the
IX L~
day of ___________________________, 1993, by a vote of
Dorothy M. Gi
Illinois Po~
Board