ILLINOIS POLLUTION CONTROL BOARD
February 23,
1995
PETRO PLUS,
INC.,
)
Petitioner,
)
V.
)
PCB 95—61
(Provisional Variance-Air)
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)), Petro Plus,
Inc.
(Petro), has
requested that the Illinois Environmental Protection Agency
(Agency) recommend that the Board grant a provisional variance to
allow Petro’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 due to a lack of financial approval
for the project.
This request for a provisional variance and the
Notification of Recommendation was filed with the Board by the
Agency on Tuesday, February 21,
1995.
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 Petro a
forty—five
(45)-day provisional :~variancefor its facility located
at 3100 Maple, Brookfield, Cook 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 January 18,
1995, and continuing for forty-five
(45)—days or until Stage
II gasoline vapor recovery equipment can
be installed, whichever comes first.
This recommendation is essentially that the Board extend a
previously—granted provisional variance that expired December 30,
1994.
The docket number of the previous provisional variance was
PCB 94—379, granted on December 14,
1994.
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.
(See 415 ILCS 5/35(b)
&
36(c)).
In provisional variances it is the responsibility of the
2
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 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
January 18,
1995, and continue for forty—five (45)-days or
until Stage II gasoline vapor recovery equipment can be
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
Board, do hereby cert,tfy that the above order was adopted on the
-~‘~
k~
day of __________________________,
1995,
by a vote of
7-0
.
,
Clerk
lution Control Board
I