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

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