ILLINOIS POLLUTION CONTROL BOARD

November 18,

1993

NAVAL TRAINING CENTER GREAT

)

LAKES,

UNITED STATES

)

DEPARTMENT OF THE NAVY,

)

Petitioner,

v.

)

PCB 93—221

(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)), Naval Training Center Great Lakes,

United States Department of the Navy has requested that the

Illinois Environmental Protection Agency (Agency) recommend that

the Board grant a provisional variance to allow Naval Training

Center Great Lakes,

United States Department of the Navy’s

gasoline dispensing operation to continue operating even though

it did not install required operational vapor recovery equipment

by November

1,

1993.1

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 Naval

Training Center Great Lakes, United States Department of the

Navy

a forty—five

(45)—day provisional variance for its facility

located in Lake County in the Chicago metropolitan statistical

area from the Stage II vapor recovery requirements,

as set forth

in 35

Ill.

Adin.

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

Naval Training Center Great Lakes, United States Department of

the Navy has requested a provisional variance on behalf of its

service station in the Chicago area,

located as follows:

The Board notes that Naval Training Center Great Lakes

filed a petition for a “regular variance” pursuant to Section

35(a)

on November 1,

1993, which the Board has docketed as PCB

93—207.

---

2

County

City or Village

Street Address

Lake

Great Lakes

Building 2710

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 Naval Training Center Great Lakes,

United States Department of the

Navy

facility is not possible by

the November 1,

1993 deadline for compliance because funding for

installation of vapor recovery equipment for its gasoline

dispensers did not become available until October

19,

1993.

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 cert’f

that the above order was adopted on the

/~3’~

day of __________________________,

1993,

by a vote of

~

-~

.

Dorothy N.

GM4i, Clerk’

Illinois Po~,ütionControl Board