ILLINOIS POLLUTION CONTROL BOARD
December 2, 1993
GO-TANE SERVICE STATIONS,
INC.,
Petitioner,
v.
)
PCB 93—242
(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)), Go-Tane Service Stations, Inc. has
requested that the Illinois Environmental Protection Agency
(Agency) recommend that the Board grant a provisional variance to
allow Go-Tane Service Stations, Inc.’s gasoline dispensing
operations (service stations) to continue operating even though
they 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, November 30, 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 Go-Tane
Service Stations, Inc. a forty—five (45)—day provisional variance
for two (2) of its facilities located in DuPage and Kane Counties
in the Chicago metropolitan statistical area from the Stage II
vapor recovery requirements, as set forth in 35 Ill. Adirt. 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
Go—Tane Service Stations, Inc. has requested a provisional
variance on behalf of two of its service stations in the Chicago
area, located as follows:
County
City or Village Street Address
DuPage
Wheaton
1910 East Roosevelt
Kane
Aurora
1125 Aurora
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
reconunendatiori states that installation of Stage II vapor
2
recovery equipment at the Go-Tane Service Stations, Inc.
facilities is not possible by the November 1, 1993 deadline for
compliance because vapor recovery equipment 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
November 10, 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
Board, do hereby cer~,ifythat the above order was adopted on the
~
day of ____________________________, 1993, by a vote of
/~
1’
- -~ C-/-
Dorothy M. Gurm, Clerk
Illinois Pollution Control Board