ILLINOIS POLLUTION CONTROL BOARD
    March
    3,
    1994
    EMRO
    MARKETING COMPANY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—77
    (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)), Emro Marketing Company has
    requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow several of Emro Marketing Company’s gasoline dispensing
    operations
    (service stations) to continue operating even though
    they did not install operational vapor recovery equipment by
    November
    1,
    1993.
    Such request for a provisional variance and
    the Notification of Recommendation was filed with the Board by
    the Agency on Tuesday, March 1,
    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
    Emro
    Marketing Company a thirty-seven (37)-day provisional variance
    for 30 of its facilities located in five
    (5) counties 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 February 23,
    1994,
    and continuing for
    thirty—seven
    (37) days or until the required vapor recovery
    equipment is installed, whichever comes first.
    This recommendation is essentially that the Board extend a
    previously-granted forty-five (45)-day provisional variance that
    expired January 29,
    1994.
    The docket number of the previous
    provisional variance was PCB 94-13, granted on January
    6,
    1994.
    That prior provisional variance was itself an extension of the
    forty-five (45)-day provisional variance granted on October 27,
    1993 in PCB 93—201.’
    Section 36(c) of the Act imposes limitations on the
    Board’s ability to extend a provisional variance:
    Any provisional variance granted by the Board pursuant

    2
    The Agency’s provisional variance recommendation states that
    Emro Marketing Company has requested a provisional variance on
    behalf of numerous of its service stations in the Chicago area,
    located as follows:
    County
    Number of Stations
    Cook
    10
    Will
    10
    DuPage
    6
    Lake
    2
    Kane
    2
    The addresses of those stations are listed as follows:
    County
    City or Village
    Street Address
    Cook
    Alsip
    127th
    & Pulaski
    Cook
    Countryside
    5555 Brainerd
    Cook
    Evergreen Park
    3040 West 95th Street
    Cook
    Homewood
    18002 Haisted Street
    Cook
    Olympia Fields
    3602 West 211th Street
    Cook
    Olympia Fields
    19880 Crawford
    Cook
    Palatine
    402 East Dundee
    Cook
    pa.os
    Hills
    10300 South Roberts Road
    Cook
    Schaumburg
    421 West Wise
    Cook
    Schaumburg
    800 West Golf Road
    DuPage
    Bloomingdale
    436 West Army Trail Road
    DuPage
    Hinsdale
    9059 Route 83
    DuPage
    Lisle
    6490 College Drive
    DuPage
    Lombard
    21 West 400 North Avenue
    DuPage
    Westmont
    6241 South Cass Street
    DuPage
    Naperville
    631 North Route 59
    to subsection
    (b)
    of Section 35 shall be for a period
    of time not to exceed 45 days.
    Upon receipt of a
    recommendation from the Agency to extend this time
    period, the Board shall grant up to an additional 45
    days.
    The provisional variances granted to any one
    person shall not exceed a total of 90 days during any
    calendar year.
    Since the variance granted in PCB 94-13 expired January 29,
    1994,
    and fewer than ninety
    (90) days elapsed in this calendar year,
    the Board interprets Section 36(c)
    as allowing Emro Marketing
    Company the Agency—recommended thirty-seven (37)-day extension.
    The Board notes that the Agency’s recommendation indicates
    that the Lombard and Westmont facilities were not involved in the
    prior provisional variance granted Emro Marketing Company in PCB
    94—13.

    3
    Kane
    Elgin
    1570 Big Timber
    Kane
    West Dundee
    115 North 8th Street
    Lake
    Gurnee
    3688 West Grand
    Lake
    North Chicago
    2850 Skokie Highway
    Will
    Bolingbrook
    352 State Route 53
    Will
    Bolingbrook
    499 West Broughton
    Will
    Channahon
    2812 Eames Street
    Will
    Crete
    1120 Dixie Highway
    Will
    Frankfort
    7218 West Lincoln Highway
    Will
    Joliet
    310 Manhatton Road
    Will
    Lockport
    314 South State Street
    Will
    New Lenox
    301 West Maple Street
    Will
    New Lenox
    800 West Maple
    Will
    Shorewood
    800 Brook Forest Avenue
    Upon receipt of the request,
    the Agency issued its
    recommendation, notifying the Board that the failure to grant the
    requested thirty-seven (37)-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
    Einro
    Marketing Company facilities is
    not possible by the November
    1,
    1993 deadline for compliance
    because Emro Marketing Company has contracted for the purchase
    and installation of Hasstech vapor recovery equipment,
    but that
    equipment and the crews necessary to install it was not available
    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.
    (~
    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 tinreasonable 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
    February 23,
    1994,
    and it shall expire on the date the
    petitioner completes the required installation of vacuum
    assist Stage II vapor recovery equipment, or after thirty-
    seven
    (37) days have elapsed, whichever comes first;
    2.
    The petitioner shall notify the Agency of the
    installation of the vapor recovery equipment,
    by sending

    4
    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 certif
    that the above order was adopted on the
    JA.~X~
    day of _________________________,
    1994, by a vote of
    ~
    Dorothy M. Gq1~’, Clerk
    Illinois Polj~tionControl Board

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