ILLINOIS POLLUTION CONTROL BOARD
    January
    6,
    1994
    ILLINOIS
    PETROLEUM
    )
    COMPANY, INC.,
    )
    Petitioner,
    )
    v.
    )
    PCB 94—12
    (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 5f35 (b)), Illinois Petroleum Company, Inc.
    has requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow several of Illinois Petroleum Company,
    Inc.’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 by fax on Tuesday, January 4,
    1994,
    followed by a hard copy on Wednesday, January
    5,
    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 Illinois
    Petroleum Company,
    Inc.
    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 13,
    1993,
    and continuing for forty-five
    (45) days or until the required
    vapor recovery equipment is installed, whichever comes first.
    The Agency’s provisional variance recommendation states that
    Illinois Petroleum Company,
    Inc.
    has requested a provisional
    variance on behalf of numerous of its service stations in the
    Chicago area,
    located as follows:
    County
    Number of Stations
    Lake
    3
    Cook
    2
    The addresses of those stations are listed as follows:
    2
    County
    City or Village
    Street Address
    Cook
    Niles
    8120 Oakton Street
    Cook
    Kiles
    7662 N. Milwaukee
    Avenue
    Lake
    Gages Lake
    33978 N. Highway 45
    Lake
    Lake Zurich
    1 N. Rand Road
    Lake
    l4undelein
    26951
    N.
    Highway
    83
    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 Illinois Petroleum Company, Inc.
    facilities is not possible by the November 1,
    1993 deadline for
    compliance because Tokheim is in the last stages of
    CARB
    approval
    for vacuum assist vapor recovery equipment for its gasoline
    dispensers,
    and that equipment and vapor recovery retrofit
    equipment for Gilbarco dispensers 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 13,
    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
    fl~IS SO
    ORDERED.
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Board,
    do
    hereby
    certify
    t
    the
    above
    order
    was
    adopted
    on
    the
    ~t~-
    day
    of
    __________________________,
    1994,
    by
    a
    vote
    of
    7-O.
    Control Board

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