ILLINOIS POLLUTION CONTROL BOARD
November 18, 1993
DELTA SONIC CARWASH SYSTEMS,
)
INC.,
)
Petitioner,
v.
)
PCB 93—218
)
(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)), Delta Sonic Carwash Systems, Inc.
has requested that the Illinois Environmental Protection Agency
(Agency) recommend that the Board grant a provisional variance to
allow Delta Sonic Carwash Systems, Inc.’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 Delta
Sonic Carwash Systems, 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
Delta Sonic Carwash Systems, 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
Tinley Park
159th & Oak Park Drive
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 Delta Sonic Carwash Systems, Inc.
2
facility is not possible by the November 1, 1993 deadline for
compliance because the construction companies that install vapor
recovery equipment are under a work overload and 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. Athu. 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 M. Gunn, Clerk of the Illinois Pollution Control
Boa ci, do hereby cer y that the above order was adopted on the
______
day of ___________________________, 1993, by a vote of
Dorothy N. G
Illinois Po