ILLINOIS POLLUTION CONTROL BOARD
    January 11,
    1995
    TRUCKSTOPS OF AMERICA,
    INC.,
    )
    Petitioner,
    )
    v.
    )
    PCB 95—8
    )
    (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)), Truckstops of America, Inc.,
    (Truckstops) has requested that the Illinois Environmental
    Protection Agency
    (Agency) recommend that the Board grant a
    provisional variance to allow Truckstops 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 Monday,
    January
    9,
    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 Truckstops
    a forty—five
    (45)—day provisional variance for its facility
    located at 1-94 and Russel Road, Russel, 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 8,
    1994, and continuing for
    forty-five
    (45)—days or until the required vapor recovery
    equipment is 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.
    (See 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
    2
    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 8,
    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
    at the above order was adopted on the
    _______
    day of
    _______________________________,
    1995, by a vote of
    ~
    /~2~(~,&1
    Dorothy N. ,~nn,Clerk
    Illinois P~1lutionControl Board

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