ILLINOIS POLLUTION CONTROL BOARD
    February 17,
    1994
    STATE OIL COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 94—66
    )
    (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)), State Oil Company has requested
    that the Illinois Environmental Protection Agency
    (Agency)
    recommend that the Board grant a provisional variance to allow
    several of State Oil 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,
    February 15,
    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 State Oil
    Company a forty-five
    (45)-day provisional variance for fifteen
    (15)
    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 January 30,
    1994,
    and continuing for
    forty—five
    (45) 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—6, 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_198.1
    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
    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

    2
    The Agency’s provisional variance recommendation states that
    State Oil 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
    Lake
    7
    Cook
    3
    McHenry
    3
    DuPage
    1
    Kendall
    1
    The addresses of those stations are listed as follows:
    County
    City or Village
    Street Address
    Cook
    Palatine
    800 S. Plum Grove Road
    Cook
    Schiller Park
    9340 Irving Park Road
    Cook
    Spring Grove
    2551 North Route 12
    DuPage
    Addison
    246 W. Lake Street
    Kendall
    Montgomery
    426 N. Route 25
    Lake
    Antioch
    485 North Avenue
    Lake
    Antioch
    24480 W. Grass Lake Road
    Lake
    Fox Lake
    20 N. Route 12
    Lake
    Lincoinshire
    435 S. Milwaukee Ave.
    Lake
    Round Lake
    1175 W. Route 134
    Lake
    Volo
    31727 N. Highway 12
    Lake
    Wauconda
    1200 North Rand Road
    Mcaenry
    Crystal Lake
    5604 5. Route 31
    McHenry
    Mdllenry
    3514 South Route 31
    McHenry
    Mcflenry
    4713 W. Elm Street
    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.
    The
    Agency recommendation states that installation of Stage II vapor
    recovery equipment at the State Oil Company facilities is not
    possible by the November
    1,
    1993 deadline for compliance because
    severe weather conditions have made it impossible to complete the
    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 94-6 expired January 6,
    1994,
    and fewer than ninety
    (90) days elapsed in this calendar year,
    the Board interprets Section 36(c)
    as allowing State Oil Company
    the Agency-recommended forty-five (45)-day extension.

    3
    outdoor activites necessary for the installation of vapor
    recovery equipment for its gasoline dispensers, and that
    equipment and the crews necessary to install it were 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.
    (~g415 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 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
    January 30,
    1994,
    and it shall expire on the date the
    petitioner completes the required installation of vacuum
    assist Stage II vapor recovery equipment, or after forty—
    five
    (45) days have elapsed, whichever comes first;
    2.
    The petitioner shall notify the Agency of the
    installation of the 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 N.
    Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certi
    hat the above order was adopted on the
    /7X?~.J day of ___________________________,
    1994, by a vote of
    /2
    A.
    ~
    Dorothy
    14. ,~nn, Clerk
    Illinois Pojlution Control Board

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