ILLINOIS POLLUTION CONTROL BOARD

December

2,

1993

TEXOR PETROLEUM COMPANY,

)

Petitioner,

v.

)

PCB 93—235

)

(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)), Texor Petroleum Company has

requested that the Illinois Environmental Protection Agency

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

allow several of Texor Petroleum 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, November 30,

1993.

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 Texor

Petroleum Company a forty—five

(45)—day provisional variance for

five

(5)

of its facilities located in Cook and DuPage 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 November

1,

1993,

and continuing for

forty—five

(45) days or until the required vapor recovery

equipment is installed, whichever comes first.

The Agency’s provisional variance recommendation states that

Texor Petroleum 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

4

DuPage

1

The addresses of those stations are listed as follows:

County

City or Village

Street Address

Cook

Glenwood

18659 South Halsted

Cook

Markham

16659 South Crawford

---

2

Cook

River Grove

8343 West Belmont Avenue

Cook

Riverside

3346 South Harlem Avenue

DuPag&

Naperville

1298 South Washington

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 Texor Petroleum Company facilities

is

not possible by the November 1,

1993 deadline for compliance

because Dresser Wayne is in the last stages of

CARB

approval for

vacuum assist vapor recovery equipment for its gasoline

dispensers,

and that equipment 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)

&

(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

November 8,

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—

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 SecLion

Illinois Environmental Protection Agency

1

The letter attached to the Agency Recommendation that lists

this

address

indicates

Cook

County,

an

obvious

error

that

we

correct here.

---

3

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

Bo~rd,.do hereby certi~’that the above order was adopted on the

~

day of

~

,

1993, by a vote of

/

•

;~

~•

~•

Dorothy N.

Gunn,

Clerk

Illinois Pollution Control Board