ILLINOIS POLLUTION CONTROL BOARD
    October 4, 2001
     
    BERLIN INDUSTRIES,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-43
    (Provisional Variance - Air)
    ORDER OF THE BOARD (by C.A. Manning):
     
    On October 2, 2001, the Illinois Environmental Protection Agency (Agency)
    recommended that the Board grant a 45-day provisional variance to Berlin Industries (Berlin) at
    its commercial lithographic plant located at 175 Mercedes Drive, Carol Stream, DuPage County.
    The provisional variance would begin November 1, 2001, and provide relief from 35 Ill Adm.
    Code 218.407(a)(1)(C), 218.407(a)(1)(E), and Part 203 and Conditions 7.1.3(f)(i)(C),
    7.1.3(f)(i)(E), and 7.1.6(a) of Berlin’s Clean Air Act Permit Program (CAAPP) permit. The
    provisional variance would allow Berlin to operate its printing lines while a damper in its
    existing thermal afterburner is replaced with a state-of-art, three-armed design. The Agency
    states that failure to grant the provisional variance would impose an arbitrary or unreasonable
    hardship on Berlin. The Agency believes that the environmental impact will be minimal since
    Berlin has agreed to delay repairs until after the end of the ozone season on October 31, 2001.
     
    Section 35(b) of the Environmental Protection Act (415 ILCS 5/35(b) (2000)) provides:
     
    The Board shall grant provisional variances, only upon notification from the
    Agency that compliance on a short term basis with any rule or regulation,
    requirement or order of the Board, or with any permit requirement would impose
    an arbitrary or unreasonable hardship. Such provisional variances shall be issued
    within 2 working days of notification from the Agency. 415 ILCS 5/35(b) (2000);
    see also
    35 Ill. Adm. Code 104.302.
     
    A provisional variance lasts for no more than 45 days, but the Board can extend the time period
    up to an additional 45 days on the Agency’s recommendation. Provisional variances granted to
    one person cannot exceed a total of 90 days during any calendar year. 415 ILCS 5/36(c) (2000);
    35 Ill. Adm. Code 104.308.
     
    The Board grants Berlin a provisional variance from 35 Ill Adm. Code 218.407(a)(1)(C),
    218.407(a)(1)(E), and Part 203 and Conditions 7.1.3(f)(i)(C), 7.1.3(f)(i)(E), and 7.1.6(a) of its
    CAAPP permit, subject to the following conditions:
     
    1.
    The duration of this provisional variance is for 45-days commencing
    November 1, 2001. Berlin’s air pollution control equipment must be shut down
    for no longer than seven continuous days during this period.
     
    2.
    A record must be kept which includes the date and time the afterburner is shut
    down and restarted and the actual amount and type of material usage, volatile
    organic material (VOM) content, and associated VOM emissions that occurred
    during this period, with supporting calculations.
     
    3.
    Within 90 days after all ten printing lines are on-line and operational, the repairs
    to the afterburner have been completed, and the monitoring system is fully
    operational, a stack test must be performed. The Agency must be notified of the
    date and time of the stack test for observation purposes.
     
    4.
    When the air pollution control equipment is returned to operation following
    repair, it must be maintained and operated according to manufacturer’s
    specifications and all applicable regulatory and permit requirements.
     
    5.
    Notification and a copy of the records required must be sent to the Agency when
    the afterburner is returned to operation. The notification must be sent to:
     
    Joyce Embree
    Illinois Environmental Protection Agency
    Bureau of Air Compliance Section
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
      
      
      
    IT IS SO ORDERED.
     
    If Berlin chooses to accept this provisional variance, it must execute a Certificate of
    Acceptance of all terms and conditions of this provisional variance and, within 10 days after the
    date of the above order, forward the executed certificate to the Agency at the above address. The
    form of the certificate is as follows:
     
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    CERTIFICATE OF ACCEPTANCE
     
    Berlin Industries accepts and agrees to be bound by all terms and
    conditions of the Pollution Control Board’s October 4, 2001 order in
    PCB 02-43.
     
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2000);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on October 4, 2001, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     
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