ILLINOIS POLLUTION CONTROL BOARD

December 14,

1994

PETRO PLUS,

INC.,

)

Petitioner,

V.

J

PCB 94—379

(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)), Petro Plus,

Inc.,

(Petro) has

requested that the Illinois Environmental Protection Agency

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

allow Petro’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 due to a lack of financial approval

for the project.

This request for a provisional variance and the

Notification of Recommendation was filed with the Board by the

Agency on Monday, December 12,

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 Petro a

forty-five

(45)-day provisional variance for its facility located

at 3100 Maple

,

Brookfield, Cook County, Illinois in the Chicago

metropolitan statistical area from the Stage II vapor recovery

requirements, as set forth in 35 111. Adm. Code 218.586,

for the

period beginning November 15,

1994, and continuing for forty-five

(45)—days or until Stage II gasoline vapor recovery equipment can

be 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

provide notification of the action by a press release.

---

2

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 15,

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

until Stage II gasoline vapor recovery equipment can be

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

/Lft~

day of

______________________________,

1994,

by a vote of

______.

Control Board