ILLINOIS POLLUTION CONTROL BOARD
    May 18, 1995
    NORBERT
    JANISCH and SIBI
    )
    KADALIMATTON,
    )
    )
    Petitioners,
    V.
    PCB 95—146
    (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 May 15, 1995. This provisional
    variance is being requested because the property is being sold by
    Norbert Janisch to Sibi Kadlimatton. As petitioners will not be
    able to complete the sale until May 22, 1995, Sibi Kadlimatton
    was unable to install the equipment by May 15, 1995, in part
    because of difficulty in scheduling the necessary Fire Marshall
    inspection due to press of business in that office.
    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 Norbert
    Janisch and Sibi Kadlimatton a nineteen (19)-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 May 16, 1995 and continuing for nineteen (19)-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—131, 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 nineteen (19)—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 nineteen (19)-days or until
    the required vapor recovery equipment is installed,
    whichever comes first.
    2. The petitioner shall notify the Agency 1) upon
    installation of the Stage II gasoline vapor recovery
    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—131 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 Norbert Janisch and Sibi Kadlimatton the Agency
    recommended nineteen (19)—day extension.
    3
    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 M. Gunn, Clerk of the Illinois Pollution Control
    Boar -do hereby certify that the above order was adopted on the
    _______
    day of
    ~
    ,
    1995, by a vote of
    ~—0.
    Control Board

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