ILLINOIS POLLUTION CONTROL BOARD
    March 11, 1993
    FRONTIER INDUSTRIES, INC.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 93—49
    )
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by J. C. Marlin):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated March 9, 1993. The recommendation refers to
    a request from Petitioner, Frontier Industries, Inc. for a two
    consecutive day provisional variance for its Rock Island County
    facility from the operating permit requirements for new or
    existing emission sources, as set forth in 35 Ill. Adm. Code
    201.143,1 for a total of six hours on two consecutive days.
    Upon receipt of the request, the Agency issued its
    recommendation, finding that failure to grant the requested two
    consecutive day provisional variance would impose an arbitrary or
    unreasonable hardship on Petitioner.
    The responsibilities of the Agency and the Board in these
    short—term provisional variances are different from the
    responsibilities in standard variances. See 415 ILCS 5/35(b) &
    (c) (1992) (Iii. Rev. Stat. 1991, ch. 111½, pars. 1035(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 finding 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 201.143 for two
    1 In the preamble of the Agency Recommendation, the Agency
    stated that Frontier Industries sought a provisional variance from
    the requirements of Section 201.143 and 201.144. The Agency then
    states that Frontier Industries “needs the provisional variance
    from 35 Ill. Adm. Code 201.143 not 201.144”. Therefore, the
    Board’s order includes only Section 201.143.
    fJIL~O-OO83
    2
    consecutive days, subject to the following conditions:
    1. The duration of the provisional variance is not to
    exceed six hours over a period of two days;
    2. Frontier shall notify the Agency upon commencement of
    the operation of the thermal processor. The notification
    shall be sent to:
    Illinois Environmental Protection Agency
    Attn: Mr. James Gallaugher
    1630 Fifth Avenue
    Room 505
    Noline, Illinois 61265
    Illinois Environmental Protection Agency
    Attn: Mr. Donald E. Sutton
    Manager, Permit Section
    Division of Air Pollution Control
    P.O. Box 19276
    Springfield, IL 62794—9276
    3. Frontier shall process only non—treated wood products,
    This may include tree trimmings, brush, sawdust and wood
    pallets.
    4. The Petitioner shall execute a copy of a Certificate of
    Acceptance of this provisional variance and forward that
    copy to the Agency addressed as is the written notice
    required in the above condition; the Petitioner shall
    forward that copy within 10 days of the date of this Order
    of the Board, and the Certificate of Acceptance shall take
    the following form:
    0 L~O-OO8f4
    3
    CERTIFICATION
    I (We),
    hereby accept and agree to be bound by all terms
    and conditions of the Order of the Pollution
    Control Board in PCB 93-49, March 11, 1993.
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certify that the above order was adopted by the
    Board on the //(~~~day of ____________________________, 1993,
    by a vote of
    ________
    Dorothy M.7~unn, Clerk
    Illinois P~llutionControl Board
    OIL~0-
    0085

    Back to top