ILLINOIS POLLUTION CONTROL BOARD
    November 4, 1999
    POLYFOAM PACKERS CORPORATION,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 00-80
    (Provisional Variance - Air)
    ORDER OF THE BOARD (by C.A. Manning):
    On November 2, 1999, the Illinois Environmental Protection Agency (Agency) filed a request
    for provisional variance and notification of recommendation. The Agency recommends that the Board
    grant a ten-day provisional variance. The provisional variance would allow the petitioner’s Lake
    County facility to continue to operate while repairs are made to its catalytic oxidizer emission control
    unit. In making its recommendation, the Agency states that failure to grant the requested provisional
    variance for ten days will result in an arbitrary or unreasonable hardship on the petitioner.
    The Board grants the petitioner a provisional variance from the requirement for emissions
    capture and control techniques that achieve overall reduction in uncontrolled volatile organic material
    (VOM) emissions of at least 81% from each emission unit; these requirements are found in 35 Ill. Adm.
    Code Part 218.926(a) and conditions 7.1.3(b) and 7.1.6 of petitioner’s Clean Air Act Permit Program
    permit. The Board is required, in a provisional variance, to adopt a formal order, assure formal
    maintenance of the record, assure the enforceability of the variance, and provide notification of the
    action by press release. Pursuant to Section 35(b) of the Environmental Protection Act (415 ILCS
    5/35(b) (1998)), the Board must issue the provisional variance within two days of the filing.
    The Board hereby grants the petitioner a provisional variance beginning on a date between
    November 1, 1999 and December 15, 1999, subject to the following conditions:
    1.
    The term of this provisional variance is for ten consecutive days, to commence no
    sooner than November 1, 1999, and expire no later than December 15, 1999;
    2.
    Petitioner’s VOM emissions shall not exceed 1.43 tons per day during the
    ten-day period;
    3.
    Petitioner’s annual permitted VOM emission limitation of 95 tons shall not be exceeded;
    4.
    Petitioner shall contact Shannon Bilbruck of the Agency at 217/782-5544 when the
    catalytic oxidizer is shut down and again when it is back in operation;
    5.
    Petitioner shall conduct a performance test within 30 days after all repairs and upgrades
    are completed to show that the control system’s efficiency has remained the same or
    improved due to the proposed upgrade process;
    6.
    The Agency shall be notified at least five days prior to the performance test of the exact
    date and time the test will be conducted; and
    7.
    The performance test notification identified above and the results of the performance
    test shall be submitted to:
    Illinois Environmental Protection Agency
    Bureau of Air
    Compliance Unit
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this order.
    Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d R. 335; see also
    35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
    order was adopted on the 4th day of November 1999 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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