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