ILLINOIS POLLUTION CONTROL BOARD
    December 16, 1993
    PHILLIPS 66 COMPANY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 93—252
    )
    (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)), Phillips 66 Company has requested
    that the Illinois Environmental Protection Agency (Agency)
    recommend that the Board grant a provisional variance to allow
    several of Phillips 66 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,
    December 14, 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 Phillips
    66 Company a forty-five (45)-day provisional variance for twenty-
    three (23) of its facilities1 located in seven (7) Counties in
    the Chicago metropolitan statistical area from the Stage II vapor
    recovery requirements, as set forth in 35 Ill. Adxn. Code 218.586,
    for the period beginning November 29, 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
    Phillips 66 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
    DuPage
    7
    Cook
    5
    Kane
    5
    Will
    3
    Kendall
    1
    The Agency recommendation states twenty (20) facilities, but
    it actually lists twenty-three (23) facilities.
    2
    Lake
    1
    McHenry
    1
    The addresses of those stations are listed as follows:
    County
    City or Village Street Address
    Cook
    Burbank
    5149 West 79th Street
    Cook
    Chicago
    2010 West Marquette Road
    Cook
    Country Club Hills 18280 South Pulaski
    Cook
    Oak Forest
    15229 South Cicero
    Cook
    Wheeling
    14 North Elmhurst Road
    DuPage
    Carol Stream
    1440 Army Trail Road
    DuPage
    Elmhurst
    524 Old South York Road
    DuPage
    Warrenville
    28 West 244 Aurora Road
    DuPage
    West Chicago
    1307 Route 59
    DuPage
    Wheaton
    331 Rice Lake Square
    DuPage
    Willowbrook
    6949 Kingery Highway
    DuPage
    Woodridge
    2340 West 75th Street
    Kane
    Aurora
    1331 North Farnsworth
    Kane
    Batavia
    108 North Batavia Road
    Kane
    Batavia
    200 Fabyan Parkway
    Kane
    Montgomery
    602 East Montgomery Road
    Kane
    Sugar Grove
    42 West 400 Galena Boulevard
    Kendall
    Oswego
    2501 Light Road
    Lake
    Waukegan
    2500 West Washington
    McHenry
    Algonquin
    2390 East Algonquin
    Will
    Frankfort
    400 North LaGrange Road
    Will
    Lockport
    14747 West 159th Street
    Will
    Plainfield
    451 South Division Street
    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 Phillips 66 Company facilities is not
    possible by the November 1, 1993 deadline for compliance because
    vapor recovery equipment for its gasoline dispensers 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.
    3
    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 29, 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, do hereby certjIy that the above order was adopted on the
    /1~-~
    day of ____________________________, 1994, by a vote of
    7-ifl
    Dorothy N. ~unn, Clerk
    /L~
    Illinois P~’llutionControl Board

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