ILLINOIS POLLUTION CONTROL BOARD
    January 20, 1994
    KELLEY WILLIAMSON COMPANY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—34
    )
    (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)), Kelley Williamson Company has
    requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow two of Kelley Williamson 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, January 18, 1994. on Wednesday, January
    19,
    1994, the Agency separately filed attachment 2, which was
    missing from the original recommendation. 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 Kelley
    Williamson Company a forty-five (45)-day provisional variance for
    two of 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 December 28, 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
    Kelley
    Williamson Company has requested a provisional variance on
    behalf of its service stations in the Chicago area, located as
    follows:
    County
    City or Village Street Address
    NcHenry
    Narengo
    21801 West Grant
    McHenry
    Woodstock
    1144
    Seminary 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
    2
    recommendation states that installation of Stage II vapor
    recovery equipment at the Kelley Williamson Company facilities is
    not possible by the November 1, 1993 deadline for compliance
    because Tokheim is in the last stages of
    CARB
    approval for vacuum
    assist vapor recovery equipment for its gasoline dispensers, and
    Kelley Williamson Company has contracted for the purchase and
    installation of that equipment, thus 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
    December 28, 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
    3
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Boa5d~do hereby certify—i~hatthe above order was adopted on the
    C Y--
    day of ____________________________, 1994, by a vote of
    7~(i
    I
    Po~
    Control Board

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