ILLINOIS POLLUTION CONTROL BOARD
    November 4,
    1993
    BELL FUELS,
    INC.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 93—210
    )
    (Provisional Variance)
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    I~espondent.
    )
    ORDER OF THE BOARD (by C.
    A. Manning):
    Pursuant to Section 35(b)
    of the Environmental Protection
    Act
    (Act)
    (415 ILCS 5/35(b)), Bell Fuels, Inc. has requested that
    the Illinois Environmental Protection Agency (Agency) recommend
    that the Board grant a provisional variance to allow one of Bell
    Fuels, Inc.’s gasoline dispensing operations
    (service station)
    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,
    November 2,
    1993.
    Pursuant to Section 35(b)~ofthe Act, the
    Board must issue the variance within two
    (2) days of this filing.
    Specifically, the Agency recommends that we grant Bell
    Fuels,
    Inc.
    a forty—five (45)—day provisional variance for one of
    its facilities located in Kane County in the Chicago metropolitan
    statistical area from the Stage II vapor recovery requirements,
    as set forth in 35 Iii. 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
    Bell Fuels,
    Inc. has requested a provisional variance on behalf
    of one of its service stations in the Chicago area,
    located as
    follows:
    County
    City or Village
    Street Address
    Kane
    Maple Park
    44 W.
    322 Highway 64
    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 Bell Fuels, Inc. facilities is not
    possible by the November 1,
    1993 deadline for compliance because
    Bell Fuels,
    Inc. has contracted for the purchase and installation
    2
    of Gilbarco vapor recovery equipment, but that equipment and the
    crews necessary to install it will not be 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)
    &
    (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.
    Adin. 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 ~rrthe 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
    Bo r
    do hereby certify that the above order was adopted on the
    ______
    day of
    ~
    ,
    1993, by a vote of
    Dorothy M. ,~(inn, Clerk
    Illinois P(ó,~lutionControl Board

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