ILLINOIS POLLUTION CONTROL BOARD

December 1,

1994

THE

tJNO-VEN

COMPANY,

Petitioner,

v.

)

PCB 94—351

)

(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 UNO-VEN Company

(UNO-VEN) has

requested that the Illinois Environmental Protection Agency

(Agency) recommend that the Board grant a provisional variance to

allow UNO-VEN’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 petitioner’s has not received

all the necessary local permits in order to proceed with the

installation 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 UNO-VEN a

forty—five

(45)-day provisional variance for its facility located

at 5 W. Palatine Road, Palatine, 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 November

1,

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.

(~

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

---

2

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 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

/~‘~

day

of

____________________________,

1994,

by

a

vote

of

j

/

~ ~t.

/~L~~Y

Dorothy M.

5?tinn, Clerk

Illinois PoAtlution Control Board