ILLINOIS POLLUTION CONTROL BOARD
    November 18, 1993
    SUPERANERICA GROUP, INC.,
    Petitioner,
    )
    v.
    )
    PCB 93—223
    (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)), SuperAmerica Group, Inc. has
    requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow several o SuperAmerica Group, Inc.’s gasoline dispensing
    operations (service stations) to continue operating even though
    they will not have installed 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
    3~(b) of the Act, the Board must issue the variance within two
    (2) days of this filing.
    Specifically, the Agency recommends that we grant
    superAmerica Group, Inc. a forty-five (45)-day provisional
    variance for seven (7) of its facilities located in three (3)
    Counties in the Chicago metropolitan statistical area from the
    Stage II vapor recovery requirements, as set forth in 35 Ill.
    AdTn.
    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
    SuperArnerica Group, Inc. 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
    5
    DuPage
    1
    Lake
    The addresses of those stations are listed as follows:
    County
    City or Village Street Address
    Cook
    Arlington Heights 1021 North Rand Road
    2
    Cook
    Des Plaines
    855 East Toughy Avenue
    Cook
    Hickory Hills
    8000 West 95th Street
    Cook
    Lyons
    8716 Ogden Avenue
    Cook
    Orland Park
    15301 South Harlem Avenue
    DuPage
    Glen Ellyn
    22W275 N Avenue
    Lake
    Deerfield
    1010 North Milwaukee Avenue
    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 SuperAmerica Group, Inc. facilities is
    not possible by the November 1, 1993 deadline for compliance
    because CARE—approved vacuum assist vapor recovery equipment is
    not yet available for Tokheim gasoline dispensers.
    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. Adxn. Code 218.586,
    subject to the following conditions:
    I. 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~,~dohereby certif that the above order was adopted on the
    /4’~
    day of _________________________, 1993, by a vote of
    (7~~
    Dorothy
    t~c~
    N. Gj~n,
    1
    Cler)~
    /~L~-~-’
    Illinois Po~9t1tionControl Board

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