ILLINOIS POLLUTION CONTROL BOARD
June 1,
1995
GRACE
CONSTRUCTION
)
PRODUCTS,
)
Petitioner,
)
v.
)
PCB 95—159
)
(Provisional Variance-Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER
OF THE BOARD
(by C.
A. Manning):
Pursuant to Section 35(b)
of the Environmental Protection
Act
(Act)
(415 ILCS 5/35(b)), Grace Construction Products
(Grace)
has requested that the Illinois Environmental Protection Agency
(Agency) recommend that the Board grant a provisional variance to
allow Grace’s rubberized asphalt facility to continue operating
without a pollution control device.
This provisional variance is
being requested because Grace suffered a fire at its facility on
May 10,
1995, resulting in the destruction of the inner workings
of its air pollution control device and its Anderson 2000 High
Efficiency Air Filter
(HEAF) unit with a mist eliminator.
This
request for a provisional variance and the Notification of
Recommendation was filed with the Board by the Agency on Tuesday,
May 30,
1995.
Pursuant to Section 35(b)
of the Act, the Board
must issue the variance within two
(2) days of this filing.
Specifically, the Agency recommends that we grant Grace a
forty-five (45)-day provisional variance for its facility located
at 6051 West 65th Street, Bedford Park,
Cook County, Illinois
from the air pollution control requirements,
as set forth in 35
Ill. Adm. Code 218, Subpart
QQ
and Section 9(b) of the Act,
(415
ILCS
5/9(b)), for the period beginning May 16,
1995, and
continue for forty-five (45)-days or until the HEAF unit is
repaired and operational, whichever comes first.
Upon receipt of the request, the Agency issued its
recommendation, notifying the Board that the failure to grant the
requested forty—five
(45)—day provisional variance would impose
an arbitrary or unreasonable hardship on the petitioner.
Provisional variances are by their very nature temporary.
The responsibilities of the Agency and the Board in these short-
term provisional variances are different from the
responsibilities in standard variances.
~
415 ILCS 5/35(b)
&
36(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
2
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 notifying the
Board that a denial of the requested relief would impose an
arbitrary or unreasonable hardship, the Board hereby grants the
petitioner a provisional variance from 35 Ill. Adm. Code 218,
Subpart
QQ
and Section 9(b) of the Act, subject to the following
conditions:
1.
The term of this provisional variance shall commence on
May 16,
1995,
and continue for forty—five
(45)-days or until
the HEAF unit is repaired and operational, whichever comes
first;
2. In order to minimize volatile organic material emissions
during the period covered by the provisional variance, Grace
shall operate only one rubberized asphalt mixing tank.
The
remaining rubberized asphalt mixing tanks shall not be
operated until the HEAF unit is back on line;
3. The petitioner shall notify the Agency upon completion of
the repairs to the HEAF unit, by sending notification
addressed as follows:
Compliance and Systems Management Section
Attn: Mr. Dave Kolaz
Illinois Environmental Protection Agency
2200 Churchill Road, P.O. Box 19276
Springfield, Illinois
62794—9276
IT IS SO ORDERED.
I, Dorothy H. Gunn,
Clerk of the Illinois Pollution Control
Board, do hereby certi
that the above order was adopted on the
/A4~
day of ______________________________,
1995,
by a vote of
L
Dorothy M. p~’nn,Clerk
Illinois P~9~’lution
Control Board