ILLINOIS POLLUTION CONTROL BOARD
    June 22,
    1995
    ACME PACKAGING CORPORATION,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 95—177
    )
    (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)), Acme Packaging Corporation
    (Acme)
    has requested that the Illinois Environmental Protection Agency
    (Agency) recommend that the Board grant a provisional variance to
    allow Acme to conduct a trial run of 150 gallons of an
    experimental coating
    (EXP 2500) with a volatile organic material
    (VON)
    content that exceeds the 2.6 lb/gal limitation.
    Such
    request for a provisional variance and the Notification of
    Recommendation was filed with the Board by the Agency on Tuesday,
    June 20,
    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 Acme a
    forty-five (45)-day provisional variance for its Cook County
    facility from the VOM requirements of the air pollution
    regulations, as set forth
    in 35 Ill. Adm. Code 218.204(d)
    for the
    period beginning June 26,
    1995 and continuing for forty-five
    (45)-days or until the 150 gallons of EXP 2500 is exhausted,
    whichever comes first.
    The Agency’s provisional variance recommendation states that
    Acme operates a steel strapping painting operation in Riverdale,
    Cook County,
    Illinois.
    The provisional variance is being
    requested so that petitioner may test EXP 2500 as a possible
    alternative to coatings currently in use.
    EXP 2500 uses
    parachlorobenzotriflouride (PCBTF)
    as a solvent.
    PCBTF was
    exempted by the United States Environmental Protection Agency
    from “The Definition of VON”,
    and the Board antipates soon
    exempting it from the Illinois Definition in docket R95-2.
    Acme
    seeks the provisional variance to conduct a trial run beginning
    June 26,
    1995 and continuing for forty—five
    (45)-days or until
    the 150 gallons of EXP 2500
    is exhausted, whichever comes first.
    Upon receipt of the request, the Agency issued its
    recommendation, notifying the Board that due to uncontrollable
    circumstances,
    failure to grant the requested forty—five
    (45)—day
    provisional variance would impose an arbitrary or unreasonable
    hardship on the petitioner.
    2
    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
    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
    Acme a provisional variance from 35 Ill. Adm. Code 218.204(d)
    for the period beginning June 26,
    1995 and continuing for forty-
    five (45)-days or until the 150 gallons of EXP 2500 is exhausted,
    whichever comes first,
    subject to the following conditions:
    1.
    The term of this provisional variance shall commence on
    June 26,
    1995 and continuing for forty—five (45)—days or
    until the 150 gallons of EXP 2500 is exhausted, whichever
    comes first;
    2.
    The petitioner shall notify the Agency upon completion
    of the trail run.
    Such notification shall be sent to:
    Illinois Environmental Protection Agency
    2200 Churchill Road,
    P.O. Box 19276
    Springfield, Illinois
    62794—9276
    Attention:
    Brooke Peterson
    3.
    Acme shall supply the Agency with a material safety
    data sheet, or other appropriate documentation verifying the
    VOM content of EXP 2500.
    The records shall be submitted to
    the Agency addressed as is the written notice required in
    the above condition.
    IT IS SO ORDERED.
    I,
    Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby ce
    fy that the above order was adopted on the
    ~7L~s(day
    of __________________________,
    1995,
    by a vote of
    -0.
    ~
    4.
    Dorothy M.,,4inn, Clerk
    Illinois ~o’1lutionControl Board

    Back to top