ILLINOIS POLLUTION CONTROL BOARD
    January 20,
    1994
    KEAN
    OIL COMPANY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—32
    )
    (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)),
    Kean Oil Company has requested that
    the Illinois Environmental Protection Agency
    (Agency) recommend
    that the Board grant a provisional variance to allow Kean Oil
    Company’s gasoline dispensing operations (service station) to
    continue operating even though
    it
    did not install operational
    vapor recovery equipment by November 1,
    1993.
    Such request for a
    provisional variance and the Notification of Recommendation was
    originally filed with the Board by the Agency on Tuesday, January
    18,
    1994.
    The Agency filed a second recommendation on Wednesday,
    January 19,
    1994 that was identical to the first with the sole
    exception of a changed inception date.
    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 Kean Oil
    Company a forty—five
    (45)-day provisional variance for its
    facilities located in Cook 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 23,
    1993, and continuing for forty-five
    (45)
    days or until the required vapor recovery equipment is installed,
    whichever comes first.
    This recommendation is essentially that the Board extend a
    previously—granted provisional variance that expired December 22,
    1993.
    The docket number of the previous provisional variance was
    PCB
    93-236,
    granted on December 2,
    1993.
    The Agency’s provisional variance recommendation states that
    Kean 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
    Cook
    Evergreen Park
    2755 West
    87th
    Street
    Upon receipt of the request, the Agency issued its
    2
    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 Kean Oil Company facilities is not
    possible by the November
    1,
    1993 deadline for compliance because
    Kean Oil Company has contracted for the purchase and installation
    of either Healy or Hasstech vapor recovery equipment, whichever
    arrives first, but 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 Iii. Adm. Code 218.586,
    subject to the following conditions:
    1.
    The term of this provisional variance shall commence on
    December 23,
    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 M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby
    that the above order was adopted on the
    Cii-
    day of
    1994, by a vote of
    —
    7—~
    .
    Dorothy N.
    Illinois
    Control Board

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