ILLINOIS POLLUTION CONTROL BOARD
    March 16,
    1995
    KEAN OIL COMPANY,
    )
    Petitioner,
    )
    V.
    )
    PCB 95-96
    (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)), Kean Oil Company
    (Kean)
    has
    requested that the Illinois Environmental Protection Agency
    (Agency)
    recommend that the Board grant a provisional variance to
    allow several of Kean’s gasoline dispensing operations
    (service
    stations)
    to continue operating even though it did not install
    operational vapor recovery equipment by the expiration of a prior
    provisional variance on February
    1,
    1995.
    Such request for a
    provisional variance and the Notification of Recommendation was
    filed with the Board by the Agency on Tuesday, March
    14,
    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 Kean a
    forty—three
    (43)-day provisional variance for five
    (5)
    of its
    facilities located in three
    (3)
    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 February 17,
    1995 and continuing for forty-three
    (43)—days or until the required vapor recovery equipment is
    installed, whichever comes first.
    The Board previously granted a provisional variance to Kean
    that expired February
    1,
    1995.
    The docket number of the previous
    provisional variance was PCB 95—29, granted on January 11,
    1995.
    The Agency’s provisional variance recommendation states that
    Kean has requested a provisional variance on behalf of five of
    its service stations in the Chicago area,
    located as follows:
    County
    Number of Stations
    Cook
    3
    DuPage
    1
    McHenery
    The addresses of those stations are listed as follows:
    2
    County
    City or Village
    Street Address
    Cook
    Justice
    8359
    S. Roberts Road
    Cook
    Justice
    8801 W. 84th Place
    Cook
    Posen
    3118 W.
    147th St.
    DuPage
    Addison
    17W532 Lake St.
    McHenry
    Alogonquin
    1001 S. Main St.
    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.
    The
    Agency recommendation states that installation of Stage II vapor
    recovery equipment at the Kean facilities was not possible by the
    February 1,
    1995 deadline for compliance because Kean has
    contracted for the purchase and installation of vacuum assist
    vapor recovery equipment, but that equipment and the crews
    necessary to install it were 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)
    &
    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
    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.
    Adni. Code 218.586,
    subject to the following conditions:
    1.
    The duration of the provisional variance is for forty—
    three
    (43)
    days,
    commencing February 17,
    1995, the date the
    Agency received an acceptable petition for the provisional
    variance, or until Stage II gasoline vapor recovery
    equipment can be installed,
    which ever comes first;
    2.
    The petitioner shall notify the Agency of the
    installation of the vapor recovery equipment,
    by sending
    notification addressed as follows:
    3
    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 certify that the above order was adopted on the
    /~-~
    day of
    A
    ,
    1995,
    by a vote of
    ~
    ~
    Dorothy M.
    Gunn,
    Clerk
    Illinois Pollution Control Board

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