ILLINOIS POLLUTION CONTROL BOARD
    December 1, 1994
    KWIK PANTRY STORES,
    )
    COUNTRY PANTRY, INC.,
    )
    )
    Petitioner,
    )
    V.
    )
    PCB 94—345
    )
    (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)), Kwik Pantry Stores, Country Pantry,
    Inc. (Kwik) has requested that the Illinois Environmental
    Protection Agency (Agency) recommend that the Board grant a
    provisional variance to allow Kwik’s gasoline dispensing
    operation (service station) to continue operating even though it
    did not install operational vapor recovery equipment by November
    1, 1994. This provisional variance is being requested because
    Kwik has contracted for the purchase and installation of vacuum
    assist vapor recovery equipment, but that equipment and the crews
    necessary to install it were not available before the compliance
    deadline. This 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 Kwik a
    forty-five (45)-day provisional variance for its facility located
    at 1306 Haines Road, Round Lake Beach, Lake 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 7, 1994, and continuing for
    forty-five (45)-days or until the required vapor recovery
    equipment is 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. (~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
    2
    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. Adin. Code 218.586,
    subject to the following conditions:
    1. The term of this provisional variance shall commence on
    November 7, 1994, 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
    Board, do hereby certify that the above order was adopted on the
    /14~ day of __________________________, 1994, by a vote of
    __________
    .
    /L~
    ~~
    Dorothy N. ~nn, Clerk
    Illinois P~,1lutionControl Board

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