ILLINOIS POLLUTION CONTROL BOARD

December 2, 1993

SCOTT’S UNOCAL 76, INC.,

)

Petitioner,

v.

)

PCB 93—240

)

(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)), Scott’s Unocal 76, Inc. has

requested that the Illinois Environmental Protection Agency

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

allow Scott’s Unocal 76, Inc.’s gasoline dispensing operations

(service station) to continue operating even though it 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 Scott’s

Unocal 76, Inc. a forty—five (45)—day provisional variance for

its facilities located in McHenry County 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

Scott’s Unocal 76, Inc. has requested a provisional variance on

behalf of its service station in the Chicago area, located as

follows:

County

City or Village Street Address

McHenry

Algonquin

2150 East Algonquin Road

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 Scott’s Unocal 76, Inc. facilities is

not possible by the November 1, 1993 deadline for compliance

because vapor recovery equipment and the crews necessary to

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2

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) &

(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 1, 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 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 certify that the above order was adopted on the

~

day of ___________________________

,

1993, by a vote of

I’

/

Dorothy N. Gunn, Clerk

Illinois Pollution Control Board