ILLINOIS POLLUTION CONTROL BOARD

January

13,

1983

CHRYSLER CORPORATION,

Petitioner,

v.

)

PCB 82~-1O8

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

MR.

MICHAEL

N.

GRICE,

SENIOR STAFF COUNSEL, APPEARED ON

BEHALF

OF PETITIONER;

HR. PETER E. ORLINSKY,

TECHNICAL ADVISOR, APPEARED

ON BEHALF

OF RESPONDENT.

OPINION AND ORDER

OF THE BOARD

(by I,G, Goodman):

This matter is before the Board upon the September

1,

1982

petition by Chrysler Corporation

(Chrysler)

requesting variance

from Rule 205(n) (1)(A) (ii)

of

Chapter

2:

Air Pollution

for a

prime coat and prime

surface

coat operation at its production

facility located near Belvidere,

Illinois.

On November 12,

1982

the Board granted Chrysler~ssenior staff counsel

leave to appear

on behalf of Chrysler in this matter,

Hearing was held on

December

3,

1982 at which

a local horse breeder testified in

opposition to grant of the variance.

The only public comment

received by the Board

in this matter was from the horse breedcc~s

spouse.

Chrysler owns and operates a passenger car manufacturing

facility which emits,

among other

things,

volatile organic com-~

pounds

(VOC) from prime

coat

and prime surface coating operations,

which are subject to limitations of Rule 205(n)(1)(A)

of Chapter

2.

Compliance was due by December

31,

1982 pursuant to compliance

plan submitted by Chrysler to the Illinois Environmental Protection

Agency (Agency) in 1979,

However, in order to reduce corrosion

of its products,

Chrysler instituted the use of a new type of

galvanized steel which is not compatible with currently available

coating systems.

Chrysler alleges that it has conducted success~-

ful experimentation with a new type of coating system but that

the system has never been utilized on a mass production basis,

Chrysler plans to install and evaluate the

new

coating system at

its facility in Windsor,

Ontario, Canada,

Assuming

that the new

system is successful at

Windsor,

Chrysler

proposes

to install

it

51-15

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2

at the Belvidere plant.

The

new

compliance plan calls

for instal-

lation of

the new system

at the Windsor facility

by

December 31,

1983, evaluation by

December 31,

1984,

finalization of a

compliance

plan for Belvidere

by

December 31,

1985,

and

compliance with

Rule

205 at Belvidere no

later

than December

31,

1987.

During

the

pendency of its control

evaluation program,

Chrysler

proposes to

continue to research

other methods of reducing VOC

emissions and

examine new

technologies as they become available.

In its Recommendation,

the Agency acknowledges the

rapidly

developing state of the art in the technology of controlling

VOC

emissions

from

automobile surface coating operations.

For that

reason the Agency agrees that Chrysler~scontrol program

will

bring it into compliance

and that the five—year time period

is

warranted,

although

the Agency states that

it

prefers

more

definite and less

protracted control programs than the

one

proposed by Chrysler,

The Agency notes

that the Chrysler plant

is surrounded

by

vacant property and

farmland and that the closest residence

is

approximately one

and one—half miles away.

The Agency

received

a

complaint

from

a local horse breeder concerning high

ambient

levels of lead which

have apparently adversly affected

the health

of breeding horses but

states that,

while it has no

reason

to doubt

that the horses are

suffering lead poisoning,

the Agency

is unaware

of any lead emissions

from Chrysler~sfacility.

The VOC emissions in question contribute to the formation

of

ozone.

Rule 205(n)(1)(A)(ii)

limits volatile organic

materials

in prime coating materials

to 0.14 kg/i

(1,2 lbs/gal),

and

in

prime surface coating materials to 0,34 kg/l

(2,8 lbs/gal).

Chrysler seeks

limits of

22

lbs/gal and 3.67

lbs/gal respec—

t.ively for the period of

variance,

The Agency estimates

that

if the requested

variance

is granted Chrysler’s

lines

will

emit

379 tons

in excess of that allowed by Rule 205(n)(1)(A)(ii).

It is the Agency’s

opinion,

however, that the extension

of the

compliance deadline sought

by Chrysler should not cause

any

increased health effects

as Chrysler would be expected

to

comply with

an

episode

action plan which requires reduction

of

emissions during periods

of high ozone concentrations.

In

addi-

tion, Chrysler’s facility is located in an area classified

as

attainment

for ozone,

The Agency believes denial of the

requested

variance would constitute an arbitrary and unreasonable hardship

on

Chrysler based upon the fact that Chrysler has been

diligently

seeking a

means to

reduce its VOC emissions and that the

episode

action plan

would

provide sufficient safeguard during

periods of

high ozone

concentration,

If the proposed variance

is granted,

it is the Agency’s

intention to submit the variance

as

a

revision

to the State

Implementation Plan,

The Agency therefore

recommends

that the Board

grant

the variance with certain conditions.

A local horse breeder opposes the grant of variance

based

upon problems with the health

of its breeding stock,

There

have

apparently been two deaths and numerous problems with

foals,

51-16

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3

most of which appear to

be associated with high

levels of lead

in the tissues of

the animals.

There was testimony at

hearing

indicating that no

volatile lead compounds were involved

with

Chrysler~scoating

operations and the Agency has

indicated it

has

no knowledge

of such lead emissions.

It was

the contention

of

the horse breeder

that he had investigated his

farm and that

the only other

possible source of lead that

he

could

determine

would

be the Chrysler

facility.

Although the

Board cannot, within the confines

of this

narrow record, determine that the source of the lead problem

experienced by the horse breeder

is not the Chrysler

facility,

it

appears

that

this particular area of emissions

is not that source,

Considering the lack of environmental harm and the fact that

the

control technology of VOC emissions is

in a state of flux,

the

Board

will grant

the variance requested contingent upon

the safe-

guards contained

in

the conditions proposed by the Agency.

This Opinion

constitutes the finding of facts and

conclusions

of

law of the

ORDER

Chrysler corporation is hereby granted variance

from Rule

205(n)(l)(A)(ii)

of Chapter

2:

Air Pollution

for

its

prime

coat and prime surface coat operations at its facility

located

in Belvidere,

Illinois until

December 31,

1987 subject

to the

following conditions:

a)

within

30 days

of this Order,

and every three

months

thereafter,

Chrysler shall submit written reports to

the

Illinois Environmental Protection Agency detailing com~-

pliance progress made in achieving compliance with

Rule

205(n)(1)(A)(ii)

of Chapter

2:

Air Pollution,

the

reports

to include information on the quantity and VOC content

of

all coatings utilized, description of the coating installa-

tion at the Windsor,

Ontario,

Canada facility, any changes

in the proposed compliance program and any other

pertinent

information which may be requested by the Illinois Environmen-

tal

Protection Agency.

b)

Chrysler shall execute its proposed compliance

program

as set forth on

page

16

of its Petition filed September

1,

1982, which petition is hereby incorporated by reference

as

if fully set forth

herein.

c)

Within forty—five days of the date of this Order,

Peti-

tioner shall execute

and

forward to the Illinois

Environmental

Protection Agency,

2200 Churchill Road,

Springfield,

Illinois

62706,

a Certificate of Acceptance and Agreement to be

bound

to all

terms and conditions of this variance,

This

forty-five

day

period

shall

be held in abeyance for any period

this matter

is

being appealed.

The form of the certificate shall

he

as

follows:

51-17

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4

CERTIFICATE

I,

(We),

___________—

—___

,

having read

the Order of the Illinois

Pollution Control Board

in PCB 82—108,

dated

—______________________________

,

understand and

accept the

said Order, realizing that such acceptance renders all

terms and

conditions thereto binding and enforceable,

By:

Title

IT IS

SO ORDERED.

I, Christan

L.

Moffett, Clerk

of

the Illinois Pollution

Control Board,

hereby certify that the above Opinion and

Order

was adopted on the

/‘~~

day of

~

1983 by

a

vote

of

:

L~,

L

Christan

L.

Illinois Pollution Control Board

51-18