ILLINOIS POLLUTION CONTROL BOARD
November 4, 1993
BARGEWAY OIL COMPANY,
Petitioner,
v.
)
PCB 93—211
)
(Provisional Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD (by C. A. ?~anning):
Pursuant to Section 35(b) of the Environmental Protection
Act (Act) (415 ILCS 5/35(b)), Bargeway Oil Company has requested
that the Illinois Environmental Protection Agency (Agency)
recommend that the Board grant a provisional variance to allow
Bargeway Oil Company’s gasoline dispensing operations (service
station) to continue operating even though it 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)
of the Act, the Board must issue the variance within two (2) days
of this filing.
Specifically, the Agency recommends that we grant Bargeway
Oil Company a forty-five (45)-day provisional variance for its
facility located in DuPage 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
Bargeway Oil Company has requested a provisional variance on
behalf of its service station in the Chicago area, located as
follows:
County
City or Village Street Address
DuPage
.
Glen Ellyn
701 Roosevelt 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 Bargeway Oil Company facilities is not
possible by the November 1, 1993 deadline for compliance because
2
Bargeway Oil Company has contracted for the purchase and
installation of vapor recovery equipment, but 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.
(~
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 M. Gunn, Clerk of the Illinois Pollution Control
Boar, do hereby cet ify that the above order was adopted on the
~
day of ____________________________, 1993, by a vote of
(‘~ -—C
.
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