ILLINOIS POLLUTION CONTROL BOARD
    April
    20,
    1995
    AMOCO OIL COMPANY,
    )
    Petitioner,
    )
    v.
    )
    PCB 95—130
    )
    (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)), Amoco Oil Company
    (Amoco) have
    requested that the Illinois Environmental Protection Agency
    (Agency)
    recommend that the Board grant a provisional variance to
    allow two of Amoco’s gasoline dispensing operations (service
    stations) to continue operating even though it did not install
    operational vapor recovery equipment by March 31,
    1995.
    This
    provisional variance is being requested because the Woodridge
    station is being demolished and rebuilt.
    The necessary local
    permits and variances have not yet been received.
    Arlington
    Heights facility is subject to condemnation and easement orders
    for road construction by the Illinois Department of
    Transportation.
    The construction project will require the
    movement of the stations underground storage tanks.
    This request
    for a provisional
    variance and the Notification of Recommendation
    was 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 Amoco a
    forty—five
    (45)—day provisional variance for two of its
    facilities located in Cook County 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 April
    1,
    1995 and continuing for forty-five
    (45)-days
    or until the required vapor recovery equipment is installed,
    whichever comes first.
    This recommendation is essentially that the Board extend a
    previously-granted variance that expired March 31,
    1995.
    The
    docket number of the variance was PCB 94—263, granted on January
    11,
    1995.
    The Agency’s provisional variance recommendation states that
    Amoco has requested a provisional variance on behalf of two of
    its service stations in the Chicago area,
    located as follows:
    2
    County
    City or Villacie
    Street Address
    DuPage
    Woodridge
    Route 53 and Hopson Rd
    Cook
    Arlington Heights
    Arlington Heights Rd
    & Algonquin Rd
    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
    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
    April
    1,
    1995 and continue for forty-five
    (45)-days or until
    the required vapor recovery equipment is installed,
    whichever comes first.
    2.
    In addition, Amoco,
    as it states in its request, will
    not dispense gasoline at either of these operations if the
    National Weather Service indicates that the temperature for
    the following day will be above 880F.
    Amoco will notify
    Mr. Terry Sweitzer, or his designee, by telephone at
    217/782—1733 should this action be necessary.
    3.
    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
    3
    IT IS SO ORDERED.
    I, Dorothy H. 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
    Control Board
    I
    I
    4

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