ILLINOIS POLLUTION CONTROL BOARD
    October
    27,
    1994
    RAWLINGS TOWING,
    INC.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—303
    )
    (Provisional Variance)
    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)), Rawlings Towing,
    Inc.,
    (Rawlings
    Towing) has requested that the Illinois Environmental Protection
    Agency
    (Agency) recommend that the Board grant a provisional
    variance to allow Rawlings Towing’s gasoline dispensing operation
    (service station) to continue operating even though it will not
    install operational vapor recovery equipment by November
    1,
    1994.
    This provisional variance is being requested due to a previous
    lack of financial approval for the project until September
    1,
    1994.
    Additionally, the pump manufacturer, Gilbarco, experienced
    production problems with the pumps to be
    installed at the
    facility.
    Due to the production problems, Gilbarco is running
    ten weeks behind schedule for production of the pumps.
    This
    request for a provisional variance and the Notification of
    Recommendation was filed with the Board by the Agency on Tuesday,
    October 25,
    1994.
    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 Rawlings
    Towing a forty-five (45)-day provisional variance for its
    facility located at 600 W.
    Irving Park Road, Bensenville, 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 November 1,
    1994,
    and continuing for forty-five (45)-days or until Stage II
    gasoline vapor recovery equipment can be 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
    2
    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
    November
    1,
    1994,
    and continue for forty-five (45)—days or
    until Stage II gasoline vapor recovery equipment can be
    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 N. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby ~rtify
    that the above order was adopted on the
    7’•~
    day
    of
    __________________________,
    1994,
    by a vote of
    Dorothy N.
    GUn~h,Clerk
    Illinois Pollution Control Board

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