ILLINOIS POLLUTION CONTROL BOARD
    April 20,
    1995
    BERKLEY AUTO SERVICE,
    )
    )
    Petitioner,
    v.
    )
    PCB 95—129
    (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)), Berkley Auto Service has requested
    that the Illinois Environmental Protection Agency
    (Agency)
    recommend that the Board grant a provisional variance to allow
    Berkley Auto Service’s gasoline dispensing operation (service
    station) to continue operating even though it did riot install
    operational vapor recovery equipment by the expiration of a prior
    provisional variance on March 23,
    1995.
    This provisional
    variance is being requested because petitioner’s contractor was
    not available to perform the installation at the facility before
    the compliance deadline.
    The Notification of Recommendation and
    the request for a provisional variance were filed with the Board
    by the Agency on Tuesday, April
    18,
    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 Berkley
    Auto Service a sixteen (16)—day provisional variance for its
    facility located at 5730 St. Charles Road,
    Berkeley, 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 March 24,
    1995 and
    continuing for sixteen (16)-days or until the required vapor
    recovery equipment is installed, whichever comes first.
    This recommendation is essentially that the Board extend a
    previously-granted forty-five (45)-day provisional variance that
    expired March 23,
    1995.
    The docket number of the previous
    provisional variance was PCB 95-83, granted on March
    9,
    1995.
    That prior provisional variance was itself an extension of a
    forty—five (45)—day provisional variance granted on January 11,
    1995 in PCB 95-17. This prior provisional variance was itself an
    extension of the forty-five
    (45)—day provisional variance granted
    2
    on December
    1,
    1994 in PCB 94—363.’
    Upon receipt of the request, the Agency issued its
    recommendation,
    notifying the Board that the failure to grant the
    requested sixteen (16)—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
    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 Iii. Adm. Code 218.586,
    subject to the following conditions:
    1.
    The term of this provisional variance shall commence on
    March 24,
    1995 and continue for sixteen (16)-days or until
    the required vapor recovery equipment is installed,
    whichever comes first.
    2.
    The petitioner shall notify the Agency upon
    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.
    Inclusive of the previous variances granted in PCB 95-83 and PCB
    95—17 which expired March 23,
    1995 and January 29,
    1995
    respectively, only 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 Berkley Auto Service the Agency—recommended sixteen
    (16)—day extension.
    3
    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 certify that the above order was adopted on the
    ~
    day of _________________________,
    1995,
    by a vote of
    .7—c
    .
    :1
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    ~
    /~t.
    ~
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    Dorothy M.,l~unn,Clerk
    Illinois ~l1ution
    Control Board

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