.LLLaSLMULS b~UjaSaU’XSUN CUNTKULI bUA.ECU
    June 15, 1995
    SIBI KADALIMATTOM,
    Petitioner,
    V.
    )
    PCB 95—171
    )
    (Provisional Variance-Air)
    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)), Sibi Kadalimattom (Kadalimattom)
    has
    requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow Kadalimattom’s gasoline dispensing operation (service
    station) to continue operating even though he did not install
    operational vapor recovery equipment by June 3, 1995. This
    provisional variance is being requested because Kadalimattom is
    having difficulty scheduling an inspection by the fire marshall
    prior to June 12, 1995. This request for a provisional variance
    and the Notification of Recommendation was filed with the Board
    by the Agency on Tuesday, June 13, 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
    Kadalimattom a twenty-five (25)-day provisional variance for the
    facility located at 219 S. Neltnor, West Chicago, DuPage 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 June 4, 1995 and
    continuing for twenty-five (25)-days or until the required vapor
    recovery equipment is installed, whichever comes first.
    This recommendation is essentially that the Board extend a
    previously—granted nineteen (19)—day provisional variance that
    expired June 3, 1995. The docket number of the previous
    provisional variance was PCB 95—146, granted on May 18, 1995, to
    Kadalimattom and Norbert Janisch, previous owner of the facility.
    That prior provisional variance is an extension of a previously—
    granted forty-five (45)-day provisional variance that expired May
    15, 1995. The docket number of the previous provisional variance
    was PCB 95-131, granted on April 20, 1995. The provisional
    variance granted in PCB 95-131 was itself an extension of the
    £
    variance granted on January 11, 1995 in PCB 94—263.’
    Upon receipt of the request, the Agency issued its
    recommendation, notifying the Board that the failure to grant the
    requested twenty—five (25)—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.
    (Q~
    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. Adn. Code 218.586,
    subject to the following conditions:
    1. The term of this provisional variance shall commence on
    June 4, 1995 and continue for twenty-five (25)—days or until
    the required vapor recovery equipment is installed,
    whichever comes first.
    2. Kadalimattom is to cease gas dispensing operations if
    the required vapor recovery equipment is not installed by
    1
    Section 36(c) of the Act imposes limitations on the
    Board’s ability to extend a provisional variance:
    Any provisional variance granted by the Board pursuant
    to subsection (b) of Section 35 shall be for a period
    of time not to exceed 45 days. Upon receipt of a
    recommendation from the Agency to extend this time
    period, the Board shall grant up to an additional 45
    days. The provisional variances granted to any one
    person shall not exceed a total of 90 days during any
    calendar year.
    Since the variance granted in PCB 95—146 expired June 3, 1995,
    and fewer than ninety (90) days of variance will have elapsed in
    this calendar year by the expiration of the variance requested in
    the present petition, the Board interprets Section 36(c) as
    allowing Sibi Kadalimattom the Agency recommended twenty-five
    (25) —day extension.
    3
    June 28, 1995, until the facility is in compliance with the
    control requirements.
    3. The petitioner shall notify the Agency 1) upon
    installation of the Stage II gasoline vapor recovery
    equipment and 2) if the gasoline dispensing operation ceases
    dispensing gasoline, 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
    H.
    Cunn, clerk of the Illinois Pollution control
    Board~do hereby certif that the above order was adopted on the
    /~aday of ____________________________, 1995, by a vote of
    Dorothy N. Guyty,
    A.
    Clerk
    t
    Illinois Po4ftion Control Board

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