ILLINOIS POLLUTION CONTROL BOARD
    October 27,
    1993
    STATE OIL COMPANY,
    Petitioner,
    v.
    PCB 93—198
    (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)), State Oil Company has requested
    that the Illinois Environmental Protection Agency
    (Agency)
    recommend that the Board grant a provisional variance to allow
    several of State Oil Company’s gasoline dispensing operations
    (service stations) to continue operating even though they will
    not have installed 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 on Tuesday, October 26,
    1993.
    Pursuant to Section
    35(b)
    of the Act, the Board must issue the variance within two
    (2) days of this filing.
    pursuant to.Section 35(b)
    of the Environmental Protection
    Act
    (Act)
    (415 ILCS 5/35(b)), the Illinois Environmental
    Protection Agency (Agency), by and through its Director, Mary A.
    Gade,
    seeks a provisional variance to allow
    Specifically, the Agency recommends that we grant State Oil
    Company a forty—five (45)—day provisional variance for nineteen
    (19)
    of its facilities located in Cook,
    DuPage,
    Kendall, Lake,
    and McHenry 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 November 1,
    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
    State Oil Co. 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
    9
    •Cook
    4
    McHenry
    3
    2
    DuPage
    2
    Kendall
    1
    The addresses of those stations are listed as follows:
    County
    City or Village
    Street Address
    Cook
    Palatine
    800 S. Plum Grove Road
    Cook
    Schiller Park
    9340 Irving Park Road
    Cook
    Spring Grove
    2551 North Route 12
    Cook
    Streamwood
    1001 W. Irving Park Road
    DuPage
    Addison
    246 W. Lake Street
    DuPage
    Carol Stream
    860 Army Trail Road
    Kendall
    Montgomery
    426 N. Route 25
    Lake
    Antioch
    485 North Avenue
    Lake
    Antioch
    24480 W. Grass Lake Road
    Lake
    Fox Lake
    20 N.
    Route
    12
    Lake
    Lincolnshire
    435 S. Milwaukee Ave.
    Lake
    Nundelein
    600 S. Butterfield Road
    Lake
    Nundelein
    1080 W. Maple
    Lake
    Round Lake
    1175 W. Route 134
    Lake
    Volo
    31727 N. Highway
    12
    Lake
    Wauconda
    1200 North Rand Road
    McHenry
    Crystal Lake
    5604 S. Route
    31
    McHenry
    NcHenry
    3514 South Route 31
    NcHenry
    NcHenry
    4713 W. Elm Street
    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 State Oil Company has already
    contracted for installation of Stage II vapor recovery equipment
    at its facilities,
    but that it is impossible for State Oil
    Company to meet the November 1,
    1993 deadline for compliance due
    to the limited availability of equipment and construction crews
    to perform the installation.
    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
    3
    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
    November
    1,
    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, PE.
    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
    hat the above order was adopted on the
    .~7~dayof
    _________________________,
    1993,
    by a vote of
    Control Board

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