ILLINOIS POLLUTION CONTROL BOARD
    November 18,
    1993
    SENECA CORPORATION,
    )
    MOUTRAY’S
    AMOCO,
    )
    Petitioner,
    )
    v.
    )
    PCB 93—220
    )
    (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)), Seneca Corporation, Moutray’s Amoco
    has requested that the Illinois EnvironmentaiProtection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow Seneca Corporation, Noutray’s Amoco’s 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 must issue the variance within two
    (2) days
    of this filing.
    Specifically, the Agency recommends that we grant Seneca
    Corporation, Moutray’s Amoco a forty-five (45)-day provisional
    variance for its facility located in Kane 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
    Seneca Corporation, Moutray’s Amoco has requested a provisional
    variance on behalf of its service station in the Chicago area,
    located as follows:
    County
    City or Village
    Street Address
    Kane
    Sugar Grove
    Cross Street
    & Route 47
    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 Seneca Corporation, Moutray’s Amoco
    2
    facility is not possible by the November 1,
    1993 deadline for
    compliance because Seneca Corporation, Moutray’s Amoco has
    contracted for the purchase and installation of vapor recovery
    equipment,
    but that equipment and 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
    3
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Boa~~do hereby certi y that the above order was adopted on the
    ,‘~‘~-
    day of ___________________________,
    1993,
    by a vote of
    ‘~~5~—O
    .
    Dorothy M.
    G~,ifi/i, Clerk
    Illinois Pojtion
    Control Board

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