ILLINOIS POLLUTION CONTROL BOARD
October 27, 1993
EMRO MARKETING COMPANY,
)
)
Petitioner,
)
v.
)
PCB 93—201
)
(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 will not have installed 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, October 26,
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 Emro
Marketing Company a forty-five (45)-day provisional variance for
thirty-three
(33) of its facilities located in Cook, DuPage,
Kane,
Lake, and Will 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 recommendation states that
thirty-four
(34) Emro Marketing Company facilities are involved,
but Board review of the company’s request revealed only thirty-
three
(33) facilities.
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
13
DuPage
5
Kane
2
Lake
2
Will
2
The addresses of those stations are listed as follows:
county
City or Village
Street Address
Cook
Alsip
V
127th
& Pulaski
Cook
Chicago Heights
535 Ashland Avenue
Cook
Countryside
5555 Brainerd
Cook
Evergreen Park
3040 West 95th Street
Cook
Homewood
18002 Halsted Street
Cook
Olympia Fields
3602 West 211th Street
Cook
Olympia Fields
19880 Crawford
Cook
Palatine
402 East Dundee
Cook
Palatine
20235 North Rand Road
Cook
Palos Hills
10300 South Roberts Road
Cook
Rolling Meadows
8005 Kirchoff Road
Cook
Schaumburg
421 West Wise
Cook
Schaumburg
800 West Golf Road
DuPage
Bloomingdale
436 West Army Trail Road
DuPage
Glen Ellyn
825 North Main
DuPage
Hinsdale
9059 Route 83
DuPage
Lisle
6490 College Drive
DuPage
Naperville
631 North Route 59
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 Eaines Street
Will
Crete
1120 Dixie Highway
Will
Frankfort
7218 West Lincoln Highway
Will
Joliet
310 Manhatton Road
Will
Joliet
2812 Eames Street
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 forty—five (45)—day provisional variance would impose
an arbitrary or unreasonable hardship on Petitioner.
The Agency
recommendation states that the California Air Review Board
(CARB)
has approved vapor recovery systems for Gilbarco dispensers,
but
the manufacturer cannot keep up with the demand for the product.
The recommendation also states that CARB approval is pending for
vapor recovery systems for Tokheim dispensers, and that
expenditures for approved balance—type recovery systems for
Tokheim dispensers would be wasted since Emro Marketing Company
intends to install the vacuum assist systems when they are
approved.
Finally, the recommendation states that Emro Marketing
Company does not have sufficient personnel trained to operate
3
more sophisticated vapor recovery systems that are CARB approved
and available.
The recommendation concludes that Emro Marketing
Company will not meet the November
1,
1993 deadline for
compliance.
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)
&
(cfl.
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 M. Gunn,
Clerk of the Illinois Pollution Control
Board~dohereby certif
he above order was adopted on the
~7~day
of
________________________,
1993, by a vote of
Dorothy M.
p~1fin, Clerk
Illinois Pál’lution Control Board