ILLINOIS POLLUTION CONTROL BOARD
January 6,
1994
ENRO
MARKETING COMPANY,
)
)
Petitioner,
)
v.
)
PCB 94—13
(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 5/35(b)),
Exnro Marketing Company has
requested that the Illinois Environmental Protection Agency
(Agency) recommend that the Board grant a provisional variance to
allow several of
Eniro
Marketing Company’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 Emro
Marketing Company a forty-five (45)-day provisional variance for
thirty—three
(33)
of its facilities located in five
(5) Counties
in the Chicago metropolitan statistical area from the Stage II
vapor recovery requirements,
as set forth in 35 Ill.
Adia. Code
218.586,
for the period beginning December 16,
1993,
and
continuing for forty—five
(45) days or until the required vapor
recovery equipment is installed,
whichever comes first.
This recommendation is essentially that the Board extend a
previously—granted provisional variance that expired December 15,
1993.
The docket number of the previous provisional variance was
PCB 93-201, granted on October 27,
1993.
The Agency’s provisional variance recommendation states that
Emro Marketing Company has requested a provisional variance on
behalf of numerous of its service stations in the Chicago area,
located as follows:
County
Number
of Stations
Cook
13
Will
11
DuPage
2
Kane
2
Lake
2
The
addresses
of
those
stations
are
listed
as
foU~,s:
County
City or
Village
Street
Address
Cook
Alsip
127th &
Pulaski
Cook
Chicago Heights
535 Ashland Avenue
Cook
Countryside
5555 Brainerd
Cook
Evergreen
Park
3040 West
95th
Street
Cook
Homewood
18002
Haisted
Street
Cook
Olympia
Fields
3602
West
211th
Street
Cook
Olympia Fields
19880 Crawford
Cook
Palatine
402 East Dundee
Cook
Palatine
20235 North Rand Road
Cook
Palos Hills
10300 South Roberts Road
Cook
Rolling Meadows
8005 Kirchoff Road
Cook
Schaumburg
421 West Wise
Cook
Schauiuburg
800 West Golf Road
DuPage
Bloomingdale
436 West Army Trail Road
DuPage
Glen Ellyn
825 North Main
DuPage
Hinsdale
9059 Route 83
DuPage
Lisle
6490 College Drive
DuPage
Naperville
631 North Route 59
Kane
Elgin
1570 Big Timber
Kane
West Dundee
115 North 8th Street
Lake
Gurnee
3688 West Grand
Lake
North Chicago
2850 Skokie Highway
Will
Bolingbrook
352 State Route 53
Will
Bolingbrook
499 West Broughton
Will
Channahon
2812 Eames Street
Will
Crete
1120 Dixie Highway
Will
Frankfort
7218 West Lincoln Highway
Will
Joliet
310 Manhatton Road
Will
Joliet
2812 Eames Street
Will
Lockport
314 South State Street
Will
New Lenox
301 West Maple Street
Will
New Lenox
800 West Maple
Will
Shorewood
800 Brook Forest Avenue
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
Emro
Marketing
Company
facilities
is
not possible by the November 1, 1993 deadline for compliance
because Tokheim is
in
the last
stages of CARE approval for vacuuit
assist vapor recovery equipment for its gasoline dispensers, and
that equipment was not available before the compliance deadline.
3
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 £oraal.
der,
to
assure the foraal
saintenance
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.
Adni. Code 218.586,
subject to the following conditions:
1.
The term of this provisional variance shall commence on
December 16,
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
P.O. Box 19276
Springfield, Illinois
62794—9276
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Bo~rd,do hereby cert
that the above order was adopted on the
(~Z~
day of ___________________________,
1994, by a vote of
7-0
/
~
~
Dorothy N. c~nn,Clerk
Illinois Po~4utionControl Board