ILLINOIS POLLUTION CONTROL BOARD
    January 18, 1979
    BODINE ELECTRIC COMPANY
    Petitioner,
    v.
    )
    PCB 78—248
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):
    Petitioner is seeking a variance from the requirements of
    Rule 205(f) of the Board’s Air Pollution Control Regulations.
    On June 21, 1978 the Agency denied Petitioner an operating permit
    because an enamel spray paint booth would emit organic material
    at a rate of 14.78 pounds per hour. Rule 205(f) allows only
    eight pounds per hour. Petitioner is attempting to convert to
    a finish spray enamel whose volatile constituents are photochemically
    non-reactive in order to qualify for the exception to Rule 205(f)
    when no odor nuisance exists. Petitioner plans on gradually
    phasing in the new enamel until May 16, 1979 and then using it
    exclusively.
    The Agency has recommended that the variance be granted.
    After reviewing the requirements of Section 113(d) of the Clean
    Air Act the Agency has concluded that Petitioner may be eligible
    for a delayed compliance order. As a condition to the variance
    the Agency has asked that Petitioner be required to pay a bond
    to assure timely compliance. No hearing was held.
    The Board concludes that Petitioner’s compliance program
    is reasonable. No performance bond will be required since no
    constuction work is required. Since the variance will run during
    a time of the year when minimal ozone formation is expected,
    little, if any, adverse environmental impact is expected from
    this relief. When this negligible harm is coupled with the
    alternative of an interruption in Petitioner’s operations, it
    becomes apparent that Petitioner would suffer an arbitrary or
    unreasonable hardship if this variance were denied.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    32—441
    —2—
    ORDER
    It is the Order of the Pollution Control Board that Petitioner
    be granted a variance from Rule 205(f) of the Board’s Air Pollution
    Control Regulations until May 16, 1979 subject to the following
    conditions:
    1) Within 35 days of the date of this Order Petitioner
    shall apply to the Agency for all necessary operating
    permits.
    2) Within 35 days of the date of this Order, and on a
    quarterly basis thereafter, Petitioner shall submit
    written reports to the Agency detailing all progress
    made toward compliance with Rule 205(f) of the Board’s
    Air Pollution Control Regulations. These reports shall
    be submitted to:
    Illinois Environmental Protection Agency
    Division of Air Pollution Control
    Control Program Coordinator
    2200 Churchill Road
    Springfield, Illinois 62706
    3) Within 45 days of the date of this Order, Petitioner
    shall execute and forward to the Illinois Environmental
    Protection Agency, Division of Air Pollution Control,
    Control Program Coordinator, 2200 Churchill Road,
    Springfield, Illinois 62706, a Certificate of
    Acceptance and Agreement to be bound to all terms and
    conditions of this variance. This 45 day period shall
    be held in abeyance while this matter is appealed.
    The form of the Certificate shall be as follows:
    CERTIFICATION
    I(we), ________________________having read and fully
    understanding the Order in PCB7B-248 hereby accept that Order and
    agree to be bound by all of its terms and conditions.
    SIGNED
    TITLE
    DATE
    32—4 42
    —3—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, herey certify the above Opinion and Order were
    adopted on the ~
    day of
    1979 by a vote of
    _______
    C ristan L. Moffe Cler
    Illinois Pollutio
    trol Board
    32—443

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