ILLINOIS POLLUTION CONTROL BOARD
    April 20,
    1995
    NORBERT JANISCH and SIBI
    KADALIMATTION,
    Petitioner,
    v.
    )
    PCB 95—131
    )
    (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)), Norbert Janisch and Sibi
    Kadlimatton have requested that the Illinois Environmental
    Protection Agency
    (Agency) recommend that the Board grant a
    provisional variance to allow Norbert Janisch and Sibi
    Kadlimatton’s gasoline dispensing operation (service station)
    to
    continue operating even though they did not install operational
    vapor recovery equipment by March 31,
    1995.
    This provisional
    variance is being requested because the property is being sold
    and petitioners were unable to complete the sale and install the
    equipment by March 31,
    1995.
    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 Norbert
    Janisch and Sibi Kadlimatton a forty-five (45)-day provisional
    variance for the facility located at 219 S. Neitnor, 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 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.
    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.
    2
    The responsibilities of the Agency and the Board in these short-
    term provisional variances are different from the
    responsibilities in standard variances.
    (~g 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.
    Adju. 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.
    The petitioner shall notify the Agency upon
    installation of the Stage II gasoline vapor recovery
    equipment and 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 N. 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’
    .
    72
    /
    ~
    t~
    ~Dorothy
    N. ~‘nn, Clerk
    Illinois Po~IIutionControl Board

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