ILLINOIS POLLUTION CONTROL BOARD
    May 18, 1995
    AMOCO OIL COMPANY,
    )
    Petitioner,
    )
    v.
    )
    PCB 95—145
    (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) has
    requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow Amoco’s gasoline dispensing operation (service station) to
    continue operating even though it did not install operational
    vapor recovery equipment by May 15, 1995. This provisional
    variance is being requested because the Woodridge station will be
    demolished and rebuilt after receipt of a needed zoning variance
    from the Village of Woodridge, which Amoco expects to receive on
    May 25, 1995. This request for a provisional variance and the
    Notification of Recommendation was filed with the Board by the
    Agency on Tuesday, May 16, 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
    ten (10)-day provisional variance for its facility located at
    Route 53 and Hobson Rd, Woodridge, DuPage 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 May 16, 1995 and continuing for ten (10)—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 May 15, 1995. The docket number of the previous
    provisional variance was PCB 95—130, granted on April 20, 1995.
    That prior provisional variance was itself an extension of the
    2
    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 ten (10)—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
    May 16, 1995 and continue for ten (10)-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
    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 95-130 expired May 15, 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 Amoco the Agency—recommended ten (10)—day extension.
    3
    the following day will be above 88°F. 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
    4. Amoco will cease dispensing gasoline at the Woodridge
    gasoline dispensing operation after May 25, 1995, if Stage II
    vapor recovery has not been installed.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Boar
    hereby certify that the above order was adopted on the
    / ‘~
    day of
    __________________________,
    1995, by a vote of
    :0
    (7
    I
    Control Board

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