ILLINOIS POLLUTION CONTROL BOARD
    November
    15,
    1989
    FEDDERS NORTH AMERICA,
    INC.,
    Petitioner,
    v.
    )
    PCB 89—185
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by
    J. Marlin):
    This matter comes before the Board on a recommendation filed
    by the Illinois Environmental Protection Agency
    (“Agency”)
    on
    November
    13, 1989 recommending
    that the Board grant
    a
    45—day
    provisional variance to the Fedders North America,
    Inc.
    Fedders
    North America,
    Inc.
    requests this variance from
    35
    Ill.
    Adm. Code
    215.204(h)
    to allow
    it
    to use its flow coater with noncompliant
    coating
    for the repair painting of metal exterior covers
    for air
    conditioning units manufactured
    at
    its Effingham,
    Illinois
    plant.
    The Board granted prior variances
    from this rule
    in PCB
    83—47 and PCB 86—47.
    Fedders North America,
    Inc.
    has installed an electro—
    deposition painting system in compliance
    with the relief granted
    in PCB 86—47.
    This system has resulted
    in a higher than expected
    rate of painting defects, and
    it cannot effect repairs.
    Fedders
    North America,
    Inc. will complete a spray booth capable of making
    those repairs on or about February
    1,
    1990.
    Since October
    1,
    1989 Fedders North America,
    Inc.
    has stockpiled defective parts
    until
    it can effect
    those repairs.
    However, Fedders North
    America,
    Inc. anticipates that
    it will run out
    of storage space
    in mid—November.
    Fedders North America,
    Inc. asserts
    that
    its short—term
    alternatives are
    to scrap the accumulating defective parts
    or
    effect the repairs using an existing flow—coater
    and a
    non—
    compliant coating.
    Scrapping
    the defective par:s would result
    in
    a $180,000 loss
    in Fedders North America,
    Inc.’s estimation.
    Therefore,
    Fedders North America,
    Inc.
    requests
    a provisional
    variance
    for
    45 days
    (from November
    15 urit~lDecember
    31,
    1989——
    actually
    46 days)
    from
    35
    Ill.
    Adm.
    Code 215.204(h)
    so that
    it
    can operate
    its flow—coater.
    Fedders North America,
    Inc.
    intends
    to effect repairs
    on all incoming and stockpiled defective covers
    until December
    30,
    1989,
    then it will cease using
    its flowcoater
    and again stockpile defective parts until
    its spray booth
    is
    operational.
    Fedders North America,
    Inc. estimates that
    it will
    105—235
    —2—
    emit
    15 tons of VOM from the flow—coater during
    the term of
    this
    provisional variance.
    The Agency asserts that
    a denial of
    this provisional
    variance would cause an arbitrary and unreasonable hardship
    to
    Fedders North America,
    Inc.
    The Board,
    having received notification from the Agency that
    compliance on
    a short term basis with
    35
    Ill. Adm. Code
    215.204(h) would impose
    an arbitrary or unreasonable hardship on
    Fedderb North America,
    Inc.,
    will grant Fedders North America,
    Inc. a provisional variance, subject to the conditions suggested
    by the Agency.
    This Opinion constitutes the Board’s findings of fact and
    conclusions
    of law in this matter.
    ORDER
    Fedders North America,
    Inc.
    is hereby granted a provisional
    variance from 35
    Ill. Mm.
    Code 214.204(h),
    subject
    to the
    following conditions:
    a)
    Variance shall commence on November
    15,
    1989 and continue
    for
    45 days,
    until December
    30,
    1989, when
    it
    will
    expire.
    b)
    During the period of
    this variance, Fedders North
    America, Inc.
    shall use
    its flow coater with
    a
    noncompliant coating only
    to repair paint metal exterior
    air condl:ic:~ing
    unit
    co7ers deiecti~.’e~’painted
    in its
    electro—deposition coating system.
    c)
    The emissions shall not exceed 6.75 pounds of VOM per
    gallon of coating delivered to the applicator, excluding
    water and exempt solvents,
    for a total
    of
    15 tons during
    the entire term of
    the variance.
    d)
    Fedders
    shall render its existing flow coater inoperable
    before April
    1,
    1990 by,
    at
    a minimium,
    removing
    the
    nozzles and paint
    tank.
    Section
    41 of the Environmental Protection Act,
    Ill.
    Rev.
    Stat.
    1987
    ch. lll~par.
    1041, provides
    for
    appeal
    of
    final
    Orders of the Board within
    35 days.
    The Rules of
    the Supreme
    Court of
    Illinois establish filing requirements.
    IT
    IS SO ORDERED.
    105 23~
    —3—
    I,
    Dorothy M. Gunn, Clerk of
    the Illinois Pollution Control
    Board, hereby certify that the above~Opinionand Order was
    adopted on the
    ~
    day of
    ~c~---~--”
    1989, by a vote of
    7—c
    .
    I
    _____
    Dorothy M. ~~nn, Clerk,
    Illinois Po-~1luticnControl Board
    105—237

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