ILLINOIS POLLUTION CONTROL BOARD
    January 6,
    1994
    STATE OIL
    COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 94—6
    )
    (Provisional Variance)
    ILLINOIS ENVIRONNENTAL
    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,
    January 4,
    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 sixteen of
    its facilities located in six
    (6) 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 December 16,
    1993,
    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 provisional variance that expired December 15,
    1993.
    The docket number of the previous provisional variance was
    PCB 93-198, granted on October 27,
    1993.
    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
    4
    McHenry
    3
    DuPage
    1
    Kendall
    1
    2
    The addresses of those stations are listed as follows:
    County
    City or Village
    Street Address
    Cook
    Palatine
    BOO
    S. Plum Grove Road
    Cook
    Schiller Park
    9340 Irving Park Road
    Cook
    Spring Grove
    2551 North Route 12
    Cook
    Streamwood
    1001
    W. Irving Park Road
    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
    Lincolnshire
    435 S. Milwaukee Ave.
    Lake
    Round Lake
    1175 W. Route 134
    Lake
    Volo
    31727
    N. Highway 12
    Lake
    Wauconda
    1200 North Rand Road
    McHenry
    Crystal Lake
    5604 S. Route 31
    NcHenry
    NcHenry
    3514 South Route 31
    NcHenry
    McHenry
    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 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
    State Oil Company has had difficulty in obtaining vapor recovery
    equipment and the crews necessary to install it.
    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)
    &
    (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
    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
    December
    16,
    1993, and it shall expire on the date the
    Petitioner completes the required installation of vacuum
    assist Stage II vapor recovery equipment, or after forty-
    3
    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
    ~
    day of ___________________________,
    1994,
    by a vote of
    7-C
    .
    //
    C
    I
    Control Board

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