ILLINOIS POLLUTION CONTROL BOARD

January 11,

1995

RUNNFELDT & BELMONT,

)

Petitioner,

)

v.

)

PCB 95-9

)

(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)), Runnfeldt & Belmont has requested

that the Illinois Environmental Protection Agency (Agency)

recommend that the Board grant a provisional variance to allow

Runnfeldt & Belmont’s gasoline dispensing operation (service

station) to continue operating even though they will not install

operational vapor recovery equipment by November 1,

1994.

This

provisional variance is being requested because the property is

being sold for uses other than gasoline dispensing.

Such request

for a provisional variance and the Notification of Recommendation

was filed with the Board by the Agency on Monday, January

9,

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 Runnfeldt

& Belmont a forty-five (45)-day provisional variance for its

facility located at

475

Chestnut Street, Winnetka, 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 December 16,

1994,

and continuing for forty-five (45)-days or until the sale of the

property is final, whichever comes first.

This recommendation is essentially that the Board extend a

previously—granted provisional variance that expired December 15,

1994.

The docketnumber of the previous provisional variance was

PCB 94—293, granted on October 20, 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

responsibilities in standard variances.

(~

415 ILCS 5/35(b)

&

36(c)).

In provisional variances it is the responsibility of the

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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

December 16,

1994, and continue for forty-five (45)-days or

until the sale of the property is final, whichever comes

first.

2.

The petitioner shall notify the Agency of the sale of

the property, 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

Boar~do hereby cert

that the above order was adopted on the

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day of _____________________________,

1995, by a vote of

•

~2O

.

4

~

Dorothy M. ,~ónn, Clerk

Illinois Pc~ilutionControl Board