ILLINOIS POLLUTION CONTROL BOARD
    November 18, 1993
    T.N.L. ASSOCIATES INC. d/b/a
    )
    AMOCO FOOD SHOP THE CROSSING,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 93—224
    )
    (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)), T.M.L. Associates Inc. d/b/a Amoco
    Food Shop The Crossing has requested that the Illinois
    Environmental Protection Agency (Agency) recommend that the Board
    grant a provisional variance to allow T.M.L. Associates Inc.
    d/b/a Amoco Food Shop The Crossing’s gasoline dispensing
    operation to continue operating even though it has not installed
    required operational vapor recovery equipment by November 1,
    1993. Such request for a provisional varianôe 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 T.M.L.
    Associates Inc. d/b/a Amoco Food Shop The Crossing 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.
    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
    T.M.L. Associates Inc. d/b/a Amoco Food Shop The Crossing has
    requested a provisional variance on behalf of its service station
    in the Chicago area, located as follows:
    County
    City or Vi1lac~e Street Address
    Kane
    Elburn
    Routes 47 & 38
    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
    2
    recovery equipment at the T.M.L. Associates Incf d/b/a Amoco Food
    Shop The Crossing facility is not possible by the November 1,
    1993 deadline for compliance because vapor recovery equipment for
    its gasoline dispensers 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 N. Gunn, Clerk of the Illinois Pollution Control
    Board do hereby certif~y~thatthe above order was adopted on the
    /t~-~
    day of ___________________________, 1993, by a vote of
    Dorothy M.
    Illinois
    Control Board

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