ILLINOIS POLLUTION CONTROL BOARD
    March
    9,
    1995
    LEO’S UNION 76,
    )
    )
    Petitioner,
    v.
    )
    PCB 95—81
    (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)), Leo’s Union 76 has requested that
    the Illinois Environmental Protection Agency
    (Agency) recommend
    that the Board grant a provisional variance to allow Leo’s Union
    76’s gasoline dispensing operation (service station) to continue
    operating even though it did not install operational vapor
    recovery equipment by the expiration of a prior provisional
    variance on December 15,
    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 Leo’s
    Union 76 a forty—five
    (45)-day provisional variance for its
    facility located at 5601 W.
    35th Street, Cicero, Cook 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 February 8,
    1995 and
    continuing for forty-five
    (45)-days or until the required vapor
    recovery equipment is installed, whichever comes first.
    The Board previously granted a provisional variance to Leo’s
    Union 76 that expired December 15,
    1994.
    The docket number of
    the previous provisional variance was PCB 94—336, granted on
    December 1,
    1994.
    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
    2
    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
    February 8,
    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
    Board,
    do hereby certify that the above order was adopted on the
    9~
    day of _________________________,
    1995,
    by a vote of
    ~
    Dorothy M.,7~?inn, Clerk
    Illinois r~oIlutionControl Board

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