ILLINOIS POLLUTION CONTROL BOARD
    September 9, 1999
    BP AMOCO OIL COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
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    PCB 00-40
    (Provisional Variance - Air)
    ORDER OF THE BOARD (by C.A. Manning):
    On September 7, 1999, the Illinois Environmental Protection Agency (Agency) filed a request for a
    provisional variance and notification of recommendation. The Agency recommends that the Board grant a 45-day
    provisional variance. The provisional variance would allow the petitioner’s gasoline dispensing operation located
    at 28W125 West Warrenville Road, Warrenville, DuPage County, Illinois to dispense motor vehicle fuel while
    testing an alternative to the required California Air Resources Board certified vapor collection and control system.
    In making its recommendation, the Agency states that failure to grant the requested provisional variance for 45
    days will result in an arbitrary or unreasonable hardship on the petitioner.
    The Board grants the petitioner a provisional variance from the air pollution control requirements set
    forth in 35 Ill. Adm. Code 218.586. The Board is required, in a provisional variance, to adopt a formal order, assure
    formal maintenance of the record, assure the enforceability of the variance, and provide notification of the action
    by press release. Pursuant to Section 35(b) of the Environmental Protection Act (415 ILCS 5/35(b) (1998)), the Board
    must issue the provisional variance within two days of the filing.
    The provisional variance shall be subject to the following conditions:
    1.
    The variance shall begin on September 1, 1999, and continue for 45 days, expiring on October 15,
    1999.
    2.
    BP Amoco Oil Company shall notify the Agency upon the commencement of the al
    ternative
    vapor recovery system testing, and upon completion of the testing. Such notification shall be
    addressed to:
    Illinois Environmental Protection Agency
    Bureau of Air
    Compliance Unit
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    3.
    During the term of this provisional variance, BP Amoco Oil Company shall continue to comply with
    the record keeping and reporting requirements of 35 Ill. Adm. Code 218.586 (g).
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the appeal of final
    Board orders to the Illinois Appellate Court within 35 days of service of this order. Illinois Supreme Court Rule
    335 establishes such filing requirements. See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for
    Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above order was
    adopted on the 9th day of September 1999 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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