ILLINOIS POLLUTION CONTROL BOARD
    January 20, 1994
    TEXOR PETROLEUM COMPANY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—29
    )
    (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)), Texor Petroleum Company has
    requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow several of Texor Petroleum Company’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, January 18, 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 Texor
    Petroleum Company a forty—five (45)-day provisional variance for
    five (5) of its facilities located in two (2) Counties 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 December 23, 1993, and continuing for
    forty—five (45) days or until the required vapor recovery
    equipment is installed, whichever comes first.
    This recommendation is essentially that the Board extend a
    previously—granted provisional variance that expired December 22,
    1993. The docket number of the previous provisional variance was
    PCB 93-235, granted on December 2, 1993.
    The Agency’s provisional variance recommendation states that
    Texor Petroleum Company has requested a provisional variance on
    behalf of numerous of its service stations in the Chicago area,
    located as follows:
    County
    Number of Stations
    Cook
    4
    DuPage
    1
    The addresses of those stations are listed as follows:
    2
    County
    City or Village Street Address
    Cook
    Glenwood
    18659 South Haisted
    Cook
    Markham
    16659 South Crawford
    Cook
    River Grove
    8343 West Belmont Avenue
    Cook
    Riverside
    3346 South Harlem Avenue
    DuPage
    Naperville
    1298 South Washington
    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 Texor Petroleum Company facilities is
    not possible by the November 1, 1993 deadline for compliance
    because Dresser Wayne first received CARD approval for its vapor
    recovery equipment on November 12, 1993, and Texor Petroleum
    Company has contracted for the purchase and installation of
    Dresser Wayne vapor recovery equipment, but that 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
    December 23, 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
    3
    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 cert~fythat the above order was adopted on the
    ~‘~‘J~- day of ________________________, 1994, by a vote of
    //
    I’,
    /1
    7
    --——- /
    /
    /
    Dorothy H.
    Gtinn,
    Clerk
    Illinois Pollution Control Board

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