ILLINOIS POLLUTION CONTROL BOARD
    November 18, 1993
    MARTIN
    OIL MARKETING, LTD.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 93—222
    )
    (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)), Martin Oil Marketing, Ltd. has
    requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow several of Martin Oil Marketing, Ltd.’s gasoline dispensing
    operations (service stations) to continue operating even though
    they did not install 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 Martin Oil
    Marketing, Ltd. a forty-five (45)-day provisional variance for
    eight (8) of its facilities located in two (2) Counties 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
    Martin Oil Marketing, Ltd. has requested a provisional variance
    on behalf of numerous of its service stations in the Chicago
    area, located as follows:
    County
    Number of Stations
    Cook
    7
    DuPage
    1
    The addresses of those stations are listed as follows:
    County
    City or Village Street Address
    Cook
    Chicago
    2303 South Western Avenue
    Cook
    Chicago
    3354 North Dainen Avenue.
    2
    Cook
    Chicago
    300 West Garfield Boulevard
    Cook
    Chicago
    3510 South Ashland Avenue
    Cook
    Melrose Park
    3301 West Lake Street
    Cook
    Oak Lawn
    9800 South Cicero Avenue
    Cook
    Summit
    5800 South Harlem Avenue
    DuPage
    Addison
    17 West 485 Lake Street
    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 Martin Oil Marketing, Ltd. facilities
    is not possible by the November 1, 1993 deadline for compliance
    because vapor recovery 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. Adin. 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,i o hereby certi that the above order was adopted on the
    /‘~
    day of ___________________________, 1993, by a vote of
    ~
    Dorothy M. Gu
    ,
    Clerk
    Illinois P01 u ion Control Board

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