ILLINOIS POLLUTION CONTROL BOARD

November 18,

1993

FRANK SERVICE,

INC.,

)

Petitioner,

)

v.

)

PCB 93—219

)

(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)), Frank Service, Inc. has requested

that the Illinois Environmental Protection Agency (Agency)

recommend that the Board grant a provisional variance to allow

its gasoline dispensing operation to continue operating even

though it did not install required 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 16,

1993.

Pursuant

to Section 35(b)

of the Act, the Board mustissue the variance

within two

(2) days of this filing.

Specifically, the Agency recommends that we grant Frank

Service,

Inc.

a forty—five

(45)-day provisional variance for its

facility 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 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

Frank Service,

Inc. 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

Chicago

2338 North Sacramento

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 Frank Service,

Inc.

facilities is not

possible by the November 1,

1993 deadline for compliance because

vapor recovery equipment will not be available before the

---

2

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 N.

Gunn,

Clerk of the Illinois Pollution Control

Boa~~dohereby cert~f that the above order was adopted on the

_____

of _______________________,

1993, by a vote of

~

~borothy

N.

Gi1~t~ti,Clerk

Illinois Pol~LytionControl Board