ILLINOIS POLLUTION CONTROL BOARD
    January 26,
    1995
    ILLINOIS PETROLEUM
    )
    MARKETERS ASSOCIATION,
    )
    )
    Petitioner,
    )
    V.
    )
    PCB 95—3
    )
    (Variance—Air)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    On January 6,
    1995, the Illinois Petroleum Marketers
    Association
    (IPHA)
    filed a petition for a five month variance
    from certain provisions of 35 Ill. Adm. Code 218.586, the Board’s
    Stage II Gasoline Vapor Recovery requirements.
    The IPMA petition
    seeks variance not for itself, but for 2671 of its members and
    affiliates that are located in the Chicago ozone nonattainment
    area.
    The breakdown of the location of these facilities by
    county is as follows:
    Cook
    168
    DuPage
    19
    Grundy
    1
    Kane
    10
    Lake
    17
    McHenry
    32
    Will
    20
    The IPMA correctly notes that, while the Board does not
    often accept “group” variance petitions, that it has done so
    under certain unusual circumstances.
    (See e.g. PCB 80—218,
    Illinois Hospital Association v. IEPA and
    PCB 93-190, Municipal
    Solid Waste Landfills v.
    IEPA.)
    However, the petition as
    submitted lacks the minimal information necessary to constitute a
    sufficient variance petition.
    The Board requires
    IPHA
    to submit
    additional information concerning the “several similar
    categories”
    (see
    Pet.,
    par.
    11) into which the listed sites would
    fall concerning their reasons for non—compliance, hardship, and
    prior efforts to achieve compliance.
    (See
    35 Ill. Adm. Code
    ‘On January 23,
    1995,
    IPMA filed a statement that one
    facility had been inadvertently omitted from the listing
    contained in Petitioners Exhibit
    1.
    2
    104.121(e),
    (h), and
    (k).)
    IPMA
    is directed to file this
    information on or before February 23,
    1995,
    or the petition will
    be subject to dismissal.
    The Agency is hereby given an extension
    to file its recommendation until 14 days after IPMA’s filing of
    this supplemental information.
    In the meantime, however, this matter is accepted and set
    for hearing,
    as required by the Clean Air Act for variances which
    may require revisions to the State Implementation Plan, and will
    be assigned to a staff hearing officer.
    Rather than holding
    hearings in each affected county, the Board directs its hearing
    officer to hold one hearing in Chicago, but directs the Clerk’s
    Office to provide notice of hearing in each of the affected
    counties.
    The hearing must be scheduled and completed in a timely
    manner, consistent with Board practices and the applicable
    statutory decision deadline, or the decision deadline as extended
    by a waiver
    (petitioner may file a waiver of the statutory
    decision deadline pursuant to 35 Ill. Adm. Code 101.105).
    The
    Board will assign a hearing officer to conduct hearings
    consistent with this order,
    and the Clerk of the Board shall
    promptly issue appropriate directions to that assigned hearing
    officer.
    The assigned hearing officer shall inform the Clerk of the
    Board of the time and location of the hearing at least 40 days in
    advance of hearing so that public notice of hearing may be
    published.
    After hearing, the hearing officer shall submit an
    exhibit list,
    a statement regarding credibility of witnesses and
    all actual exhibits to the Board within five days of the hearing.
    Any briefing schedule shall provide for final filings as
    expeditiously as possible and,
    in time—limited cases,
    no later
    than 30 days prior to the decision due date,
    which is the final
    regularly scheduled Board meeting date on or before the statutory
    or deferred decision deadline.
    Absent any future waivers of the
    decision deadline, the statutory decision deadline is now May 6,
    1995
    (120 days from January
    6,
    1995); the Board meeting
    immediately preceding the decision deadline is scheduled for
    April 20,
    1995.
    If after appropriate consultation with the parties, the
    parties fail to provide an acceptable hearing date or if after an
    attempt the hearing officer is unable to consult with the
    parties, the hearing officer shall unilaterally set a hearing
    date in conformance with the schedule above.
    The hearing officer
    and the parties are encouraged to expedite this proceeding as
    much as possible.
    IT IS SO ORDERED.
    3
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the~?~~
    day of
    __________________,
    1995, by a vote of 7~
    :2
    Dorothy N. pi~hn, Clerk
    Illinois Pó~9utionControl Board

    Back to top