ILLINOIS POLLUTION CONTROL BOARD

January 11,

1995

INGLESIDE

UNION

76 #70,

Petitioner,

v.

)

PCB 95—28

(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)), Ingleside Union 76 #70 has

requested that the Illinois Environmental Protection Agency

(Agency) recommend that the Board grant a provisional variance to

allow Ingleside Union 76 #70’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, January 10,

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 Ingleside

Union 76 #70 a forty-five

(45)—day provisional variance for its

facility located at Route 132 and Wilson Road,

Ingleside, Lake

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 December 16,

1994,

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,

1994.

The docket number of the previous provisional variance was

PCB 94—334, granted on December 1,

1994.

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

---

2

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. Adm. Code 218.586,

subject to the following conditions:

1.

The term of this provisional variance shall commence on

December 16,

1994, 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 certify

tI~a~

the above order was adopted on the

jJ~J.J~

day of ____________________________,

1995, by a vote of

c~7~

~~-~-~:z1

~L.

i~j

Dorothy M. G,~n,Clerk

Illinois Po~LutionControl Board