ILLINOIS POLLUTION CONTROL BOARD
    October 27,
    1994
    TAHOE
    MOBIL,
    INC.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—304
    )
    (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)), Tahoe Mobil,
    Inc.,
    (Tahoe Mobil)
    has requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow Tahoe Mobil’s gasoline dispensing operation (service
    station) to continue operating even though it will not install
    operational vapor recovery equipment by November
    1,
    1994.
    This
    provisional variance is being requested due to a lack of
    financial approval for the project.
    Petitioner anticipates
    finalization of the loan financing during the week of October 24-
    29,
    1994.
    Agency contact with Tahoe Mobil and Union Bank on
    October 24,
    1994 indicates that financing should become available
    within two weeks.
    This request for a provisional variance and
    the Notification of Recommendation was filed with the Board by
    the Agency on Tuesday, October
    25,
    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 Tahoe
    Mobil a forty—five
    (45)-day provisional variance for its facility
    located at 1798 West Hintz Road, Wheeling, Cook 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 November
    1,
    1994,
    and
    continuing for forty-five (45)-days or until Stage II gasoline
    vapor recovery equipment can be installed, whichever comes first.
    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
    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
    2
    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
    November 1,
    1994,
    and continue for forty-five (45)—days or
    until Stage II gasoline vapor recovery equipment can be
    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 M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby cert,i-~ythat the above order was adopted on the
    -~2--~-
    day of ________________________,
    1994,
    by a vote of
    /_y~~
    ~
    D6rothy M. Gu4n, Clerk
    Illinois Pollution Control Board

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