ILLINOIS
    POLLUTIONdONTROL BOARD
    March
    7,
    1974
    ST. CHARLES MANUFACTURING COMPANY
    v.
    )
    PCB 73—545
    ENVIRONMENTAL PROTECTION AGENCY
    ORDER OF THE BOARD
    (by Dr.
    Odell)
    On December 20, 1973, Petitioner filed with this Board
    a petition for variance to extend through June
    30,
    1974, alleg-
    ing supply shortages as the impediment to achieving compliance
    by December 31,
    1973, ~ith Rule 205(f)
    of Chapter Two: Air
    Pollution Regulations.
    Petitioner’s facility paints steel cabinetry.
    Total
    enployment is about 370 persons.
    Current paint usage is about
    37,000 gallons per year, and Petitioner needs a variance for
    2,400
    gallons of this paint to July 1,
    1974.
    Their current
    solvent usage is 22,720 gallons per year.
    About 10,220 gallons
    of solvent is used annually to thin the paint to proper viscosity
    for application; another 12,500 gallons is used to clean equip-
    ment.
    Petitioner submitted evidence that certain photochemically
    nonreactive solvents
    (85C and lO5B) were not available as thinner.
    To stay in operation,
    Petitioner requests that it be allowed to
    use Toluol and SC100 as substitutes for 85C and lO5B in the
    formulation of its paint.
    The Environmental Protection Agency
    (EPA)
    recommended on
    February
    8,
    1974,
    that the variance be granted.
    In its recommend-
    ation EPA pointed out that:
    1.
    Petitioner was granted an Operating Permit on April
    24, 1973.
    This permit-included a Compliance Plan whereby com-
    pliance with Rule 205(f) would be achieved before December 1,
    1973, by reformulation of paints with photochemically nonreactive
    solvents.
    Failure to achieve its Compliance Plan resulted in
    permit expiration on December 1,
    1973.
    2.
    Petitioner is presently violating the
    8 lbs/hour
    limitation in Rule 205(f)
    in two of its spray booths.
    One booth
    is emitting 10.71 lbs/hour of organic material;
    the other emits
    12.16 lbs/hour.
    3.
    “Petitioner’s facility is located in an industrial/
    commercial area and its painting operations do not affect
    citizens.
    No complaints concerning Petitioner’s facility have
    been received” by EPA.
    11
    —
    493
    We grant Petitioner~svariance~ Petitioner~sshortage
    of photochemically nonreactive solvents is not self-imposed.
    Petitioner has demonstrated good. faith in its efforts
    to obtain
    satisfactory materials,
    To deny the variance would
    impose an
    arbitrary and unreasonable hardship upon this Petitioner.
    The Federal Energy Office has established
    mandatory
    allocation of petrochemical feedstocks to petrochemical producers
    —
    including solvent manufacturers
    in a quantity equal to 100 per-
    cent of the producers current requirements
    (Fed,
    Reg.
    Vol.
    39,
    No.
    10, Part III, Subpart 2llJ, January
    15, 1974).
    Petitioner
    should utilize such exempt solvents as they become available.
    ORDER
    Petitioner
    is granted a variance from Rule 205(f)
    of
    Chapter Two through June 30,
    1974,
    to use up to 2,400 gallons
    of nonexempt paint plus 5,100 gallons of photochemically reactive
    solvents for thinning 18,500 gallons of paint subject to
    the
    following conditions:
    (a)
    Petitioner
    is required to uti1ize~as much exempt solvent
    formulations
    as can be furnished by its suppiiers~
    (b)
    Petitidner
    muE.t
    apply
    to
    the
    EPA
    for
    an
    Operating
    Permit
    within
    30
    days
    of
    the
    adoption
    of
    this
    Order,
    Cc)
    Petitioner
    must
    submit
    to
    the
    EPA
    within
    90 days of
    the
    adoption
    of
    this
    Order
    a
    Program
    of
    Con.~pliance
    to replace
    the initial Compliance Plan which has been affected by shortages
    of certain materials.
    (d)
    Petitibner must submit monthly progress reports to:
    Illinois Environmental Protection Agency
    Division
    of
    Air Polution Control
    Control
    Program
    Coordinator
    2200 Churchill
    Road
    Springfield
    Illinois
    62706
    Said
    reports
    must contain:
    (i)
    Information
    on
    the
    amount
    of
    usage
    of exempt and
    non~exempt
    formulations
    during
    the
    period.
    (ii)
    Steps taken
    •to achieve compliance
    either by
    use
    of
    exempt
    solvents
    or
    use of alternate technology.
    IT IS SO
    ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board,
    certify
    that
    the
    alove
    Opiniop
    and
    Order
    was
    .adoptedby
    th~p Board
    on
    the
    ~~day
    of
    1974,
    by
    a
    vote
    of
    to
    ~::~

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