ILLINOIS POLLUTION CONTROL BOARD
    December 1, 1994
    THE SOUTHLAND CORPORATION,
    )
    )
    Petitioner,
    v.
    )
    PCB 94—337
    )
    (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)), The Southland Corporation
    (Southland) has requested that the Illinois Environmental
    Protection Agency (Agency) recommend that the Board grant a
    provisional variance to allow several of Southland’s gasoline
    dispensing operations (service stations) to continue operating
    even though they did not install operational vapor recovery
    equipment by November 1, 1994. Such request for a provisional
    variance and the Notification of Recommendation was filed with
    the Board by the Agency on Tuesday, November 29, 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 Southland
    a forty-five (45)-day provisional variance for three of its
    facilities located in Cook County 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 the required vapor recovery equipment is installed,
    whichever comes first.
    The Agency’s provisional variance recommendation states that
    Southland has requested a provisional variance on behalf of a
    number of its service stations in the Chicago area, located as
    follows:
    County
    Number of Stations
    Cook
    3
    The addresses of those stations are listed as follows:
    County
    City or Village Street Address
    Cook
    Glenview
    2441 West Glenview Road
    Cook
    Northbrook
    2800 West Dundee Road
    Cook
    Palatine
    799 W. Northwest Highway
    2
    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. The
    Agency recommendation states that installation of Stage II vapor
    recovery equipment at the Southland facilities was not possible
    by the November 1, 1994 deadline for compliance because
    petitioner had not received all the necessary local permits in
    order to proceed with the installation before the compliance
    deadline.
    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. (~g 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. Adju. Code 218.586,
    subject to the following conditions:
    1. The term of this provisional variance shall commence on
    November 1, 1994 and it shall expire on the date the
    petitioner completes the required installation of vacuum
    assist Stage II vapor recovery equipment, or after forty—
    five (45)—days have elapsed, whichever comes first;
    2. The petitioner shall notify the Agency of the
    installation of the 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
    3
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board1 do hereby certify that the above order was adopted on the
    /~
    day of
    _________________________
    1994, by a vote of
    ~1
    -c”
    Control Board

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