ILLINOIS POLLUTION CONTROL BOARD
December
1,
1994
MARCLEY’S,
)
Petitioner,
)
v.
)
PCB 94—357
)
(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)), Marcley’s has requested that the
Illinois Environmental Protection Agency (Agency) recommend that
the Board grant a provisional variance to allow Marcley’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 contractor was
not available to perform the installation at the facility 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.
On November 30,
1994, the Agency filed an amended recommendation accompanied by a
motion for leave to file instanter which is hereby granted.
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 Marcley’s
a forty—five
(45)-day provisional variance for its facility
located at 611 Ashland Street, Aurora, Kane 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 4,
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
2
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 4,
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 Enviromnental 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 certify ~thatthe above order was adopted on the
/~L-~
day of _________________________,
1994, by a vote of
7-~c)
1
4
/
(
/1
~
~
Dorothy N. ,~.inn,Clerk
Illinois Póflution Control Board