ILLINOIS POLLUTION CONTROL BOARD
March 9, 1995
PETTICE AUTO ELECTRIC,
)
)
Petitioner,
v.
)
PCB 95—85
(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)), Pettice Auto Electric has requested
that the Illinois Environmental Protection Agency (Agency)
recommend that the Board grant a provisional variance to allow
Pettice Auto Electric’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 Pettice
Auto Electric a forty-five (45)-day provisional variance for its
facility located at 1524 Chicago Road, Chicago Heights, 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 7, 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
Pettice Auto Electric that expired December 15, 1994. The docket
number of the previous provisional variance was PCB 94—355,
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 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
Bo~rd do hereby certify that the above order was adopted on the
______
day of __________________________, 1995, by a vote of
7~0
~
~U
Dorothy N. 5~tthn, Clerk
Illinois Pol4ution Control Board