ILLINOIS POLLUTION CONTROL BOARD
    September 21, 1992
    AMERICAN DECAL
    AND
    )
    MANUFACTURING Ca.,
    )
    Petitioner4
    )~
    )
    v.
    )
    .PCB 92—135
    )
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by J. Anderson):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated September 18, 1992. The recommendation
    refers to a request from Petitioner, American Decal and
    Manufacturing Co. for a 45-day provisional variance for its Cook
    County facility from the use of alternative add-on control
    methodologies, as set forth in 35 Ill. Adin. Code 218.207(a),
    (b)(1) and (c), for the period from September 17, 1992 to October
    31, 1992.
    The afterburner that controls American’s Adhesive
    Coater/Laminator #1 overheated, causing the afterburner to become
    completely inoperable.
    Upon receipt of the request, the Agency issued its
    recommendation, finding that the failure to grant the requested
    45—day provisional variance would impose an arbitrary or
    unreasonableThe
    responsibilitieshardship
    on Petitioner.of
    the Agency1 and the Board in these
    short—term provisional variances are different from the
    1 We note that in its filing the Agency stated that “failure
    to allow American to operate
    ....
    would lead to an extreme and
    unreasonable hardship upon American”. In response to an informal
    query, Agency personnel indicated that the above phrasing was a
    conscious decision. The Board does not know what the language is
    meant to convey, particularly insofar as it does not reflect the
    statutory language, found at Section 35(b) of the Act,
    “...compliance on a short term basis with any rule or regulation,
    ...would impose an arbitrary or unreasonable hardship”. ‘tinder the
    facts of this case, and in order to avoid prejudice to the
    petitioner, the Board will construe the Agency’s filing as
    expressing its intent that the Board grant this provisional
    variance.
    0136-0201
    2
    responsibilities in standard variances. See Ill. Rev. Stat.
    1991, ch. 111½, pars. 1035(b) & (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 Ord~i-, to assure
    tiie for al ~
    cprd~ tQ_2Lssure~the
    enforceability of the variance, and to provide notification of
    the action by a press release.
    Having received the Agency recommendation finding that a
    denial of the requested relief would impose an arbitrary or
    unreasonable hardship, the Board hereby grants Petitioner a
    provisional variance from 35 Ill. Adm. Code 218.207(a), (b)(l)
    and (c) from September 17, 1992 to October 31, 1992, subject to
    the following conditions:
    1. The term of this provisional variance shall commence on
    September 17, 1992 and expire on October 31, 1992;
    2. If the Agency issues an ozone advisory and notifies
    American of the need to temporarily cease operations of its
    Adhesive Coater/Laminator #1, American shall do so as
    expeditiously as possible.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby certify hat the above order was adopted on the
    ____
    day of _____________________________, 1992, by a vote
    Dorothy M. Gu~i, Clerk
    Illinois PolXjátion Control Board
    0136-0202

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