ILLINOIS POLLUTION CONTROL BOARD
    March
    9,
    1995
    PHILLIPS
    66,
    )
    )
    Petitioner,
    v.
    )
    PCB 95—79
    (Provisional Variance—Air)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by N. McFawn):
    Pursuant to Section 35(b)
    of the Environmental Protection
    Act
    (Act)
    (415 ILCS 5/35(b)),
    Phillips 66 has requested that the
    Illinois Environmental Protection Agency
    (Agency) recommend that
    the Board grant a provisional variance to allow Philips 66’s
    gasoline dispensing operation (service station) to continue
    operating even though it did not install operational vapor
    recovery equipment by November
    1,
    1994.
    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, March
    7,
    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 Philips
    66
    a forty—five (45)-day provisional variance for its facility
    located at 51 South York Road, Elmhurst, DuPage County,
    Illinois
    in the Chicago metropolitan statistical area from the Stage
    II
    vapor recovery requirements, as set forth in 35 Iii. Adm. Code
    218.586,
    for the period beginning February 7,
    1995 and continuing
    for forty-five (45)-days or until the required vapor recovery
    equipment is installed, whichever comes
    first.
    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
    2
    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
    February 7,
    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, 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
    Boa,~r~,do hereby certif~thatthe above order was adopted on the
    (7~
    day of ______________________________,
    1995, by a vote of
    ~.
    Dorothy M./~inn,Clerk
    Illinois ~g’1~’lution
    Control Board

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