ILLINOIS POLLUTION CONTROL BOARD
    August 20, 1998
    HENKEL CORPORATION,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 99-35
    (Provisional Variance - Air)
    ORDER OF THE BOARD (by C.A. Manning):
    On August 19, 1998, the Illinois Environmental Protection Agency (Agency) filed a
    request for 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 Kankakee County facility to repair its thermal oxidizer. 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 special permit conditions 4
    and 5 of Air Operating Permit Number 72-10-0302. 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) (1996)), the Board
    must issue the provisional variance within two days of the filing.
    The Board hereby grants the petitioner a provisional variance beginning on July 14,
    1998, and expiring on September 2, 1998, subject to the following conditions:
    1.
    During the thermal oxidizer shut down, petitioner shall control hexane
    emissions from area 69 using the chilled glycol condenser and caustic scrubber.
    2.
    During the thermal oxidizer shut down, petitioner shall keep the following
    records, and submit such records to the Agency within seven days of bringing
    the thermal oxidizer back on line:
    a.
    The actual amounts of volatile organic material emitted to the
    atmosphere;
    b.
    the actual time the thermal oxidizer is shut down and the actual
    time the thermal oxidizer is restarted and brought back on line;
    and
    c.
    a list of associated emission units in operation during period
    specified in condition 2(b) above.
    3.
    Petitioner shall submit the records to:
    Illinois Environmental Protection Agency
    Bureau of Air
    Attention: Yana Kuzenkova
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) 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 20th day of August 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top