LLINOIS POLLUTION CONTROL BOARD
December
2(~, 1989
~1EAD,PACK:NG
DIVI~:31z,
Petitioner,
PCB 89-211
(ProvisIonal VarIance)
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCYr
Respondent.
OPINION AND ORDER OF THE BOARD
(by J.
Marlin):
This
matter comes before the Board on the December
20,
1989
recommendation of the Illinois Environmental Protection Agency
(Agency).
The Agency recommends
that
the Board grant Mead a
provisional variance from January
2 through February
15,
1990
from 35
Ill. Mm. Code 215.401,
to the extent such
a variance
would allow Mead
to operate without controls using coatings.
The
Agency maintains that Mead would suffer arbItrary and
unreasonable hardship if denied this relief.
On December
6,
1989,
under docket number
PCB 89—196,
the
Board granted Me~da provisicnal variance
from December
18,
1989
to January 31,
1990 on
a
recommendation filed by the Agency on
December
6,
1989.
The present petition requests that the Board
modify the prior provisional variance
to change the dates through
which the variance would
run.
The Board docketed this second
recommendation as
a new petition.
In
its December
5,
1989 recommendation,
the Agency
recommended that
the Board grant
the provisional variance with
four conditions.
The December
20,
1989 recommendation states
that “the
change
in the time frame for
the provisional variance
does not alter the Agency’s analysis.”
Therefore,
the Board
infers that the Agency recommends
those conditions
as part
of
this new recommendation.
Mead operates
a plant at Godfrey,
in Madison County.
The
plant manufactures beverage and soap cartons.
Mead has 706
tons
of wax
laminated board worth about $530,000
in stock at
its
plant.
Mead has been unsucessful
in its attempt to use complaTht
inks and varnishes on
this material,
because such materials
produce
a defective product.
Mead has been unsucessiul
in its
attempt to return this material
to its supplier, and shipment
to
another Mead location is cost prohibitive.
Mead would use this
material
in production
in eight production days in
December and
January
if granted this provisional variance.
11)
6—L:53
The Board hereby grants Mead
the Agency—recommended
provisional variance with conditions.
The fourth condition
is
that Modern Foundry execute
a certificate of acceptance,
Althcugh the Board does not normally recuire
such certification
for provisional variances,
the Board includes this condition
because
the Agency has requested
it.
The Board has split
a
part:
of
the fourth Acency-recommended condition into
a fifth
condition
in its Order.
ORDER
The Board hereby grants Mead a provisional variance from 35
Ill. Mm.
Code 215.401
from January
2,
1990 through February
15,
l~90, subject
to the following conditions:
1.
This provisional variance applies only
to t~e706 tons of
wax laminated board presently in its stock
~
its Godfrey
plant.
Mead shall not apply noncompliant inks and
varnishes to any other materials.
2.
Mead shall
submit,
within three days of the end of each
calendar week,
a written report of the amount
of wax
laminated board remaining
in stock,
the production days
on which Mead printed wax laminated board,
the amount of
was laminated board Mead printed,
and the VOM emissions
from printing wax laminated board.
3.
Mead shall submit the written report
required above the
the Agency addressed as follows:
Regional Manager
Illinois Environmental Protection Agency
2009 Mall Street
Collinsville,
IL
62234
4.
Mead shall, within ten days of the date of
this Order,
execute and forward to
James J. O~Donnell
Enforcement Programs
Illinois Environmental Protection Agency
2200 Churchill Road
Post Office Box 12976
Springfield,
IL
62794—9276
a certificate of acceptance in the following form:
10~—454
—3—
CERTIFICATION
I,
(We),
hereby
accept and agree to be bound by all terms and conditions of the
Order
of the Pollution Control Board in PCB 89—211, December 20,
1989.
Petitioner
Authorized Agent
Title
Date
5.
This provisional variance shall not become effective
until after Mead has executed and forwarded the
certificate of acceptance as required above.
IT
IS SO ORDERED.
I, Dorothy
M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was
adopted on the
c’~’O~°~
day of ___________________________
1989, by a vote of
7—t.
1.
/
.y~),
/
~
Dorothy M.
Gy~nn, Clerk
Illinois Pc4ilution Control Board
1fl(~--455