ILLINOIS POLLUTION CONTROL BOARD
    November 4, 1999
    SOLAR COMMUNICATIONS,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 00-79
    (Provisional Variance - Air)
    ORDER OF THE BOARD (by C.A. Manning):
    On November 2, 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 seven-day provisional variance. The provisional variance would allow the petitioner’s DuPage
    County facility to continue flexographic printing production while the catalysts within petitioner’s existing
    catalytic afterburner are being serviced. In making its recommendation, the Agency states that failure to
    grant the requested provisional variance for seven days will result in an arbitrary or unreasonable
    hardship on the petitioner.
    The Board grants the petitioner a provisional variance from 35 Ill. Adm. Code 218.401(c)(6),
    which requires the operation of catalytic afterburner at all times when the flexographic printing line is in
    operation. 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 (Act) (415
    ILCS 5/35(b) (1998)), the Board must issue the provisional variance within two days of the filing.
    The provisional variance shall begin on November 1, 1999, and end no later than December
    15, 1999, subject to the following conditions:
    1.
    The duration of the provisional variance is for seven continuous days, commencing no
    sooner than November 1, 1999, and expiring no later than December 15, 1999.
    Petitioner’s afterburner shall be shut down for no longer than seven continuous days
    during this period;
    2.
    When the afterburner is returned to operation, following servicing it, it must be
    maintained and operated according to manufacturer’s specifications and all applicable
    regulatory and permit requirements;
    3.
    Petitioner’s printing lines shall operate for no more than five of the seven continuous
    calendar days the afterburner is shut down; and
    4.
    Petitioner shall notify the Agency when its afterburner is shut down by calling Shannon
    Bilbruck, Division of Legal Counsel at 217/782-5544, and shall notify the Agency in the
    same manner when the afterburner is again fully operational. Written notification of the
    shutdown and startup of the afterburner shall also be sent to:
    Illinois Environmental Protection Agency
    Bureau of Air
    Compliance Unit
    P.O. Box 19276
    Springfield, IL 62794-9276
    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 4th day of November 1999 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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