ILLINOIS POLLUTION CONTROL BOARD
    February 23,
    1995
    H
    & E GAS PANTRY,
    )
    Petitioner,
    )
    v.
    )
    PCB 95—60
    )
    (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)), H
    & E Gas Pantry has requested that
    the Illinois Environmental Protection Agency
    (Agency) recommend
    that the Board grant a provisional variance to allow H & E Gas
    Pantry’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 because petitioner’s contractor was
    not available to perform the installation at the facility before
    the compliance deadline. 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 H
    & E Gas
    Pantry a forty-five
    (45)-day provisional variance for its
    facility located at 5355 W. Chicago Ave.,
    Chicago, 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 24,
    1995,
    and
    continuing for forty-five (45)-days or until the required vapor
    recovery equipment is installed, whichever comes first.
    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
    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
    2
    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 24,
    1995,
    and continue for forty-five (45)-days or
    until the required vapor recovery equipment is 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 N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, do hereby certif
    that the above order was adopted on the
    ______
    day of ___________________________,
    1995, by a vote of
    7-o.
    A.
    Dorothy M.4unn, Clerk
    Illinois P~i1lutionControl Board

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