ILLINOIS POLLUTION CONTROL BOARD

April

7,

1988

MOTOR WHEEL CORPORATION,

Petitioner,

)

 PCB 88—61

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by

 Marlin):

This provisional variance request comes before the Board

upon an April

6,

 1988 Recommendation

 of the Illinois

Environmental Protection Agency

 (Agency).

 The Agency recommends

that because

of

 an arbitrary and unreasonable

 hardship,

the

Petitioner,

 Motor Wheel Corporation,

 be granted

 a provisional

variance,

 subject to certain conditions,

 from the requirements of

35

 Ill. Adm. Code 215.204(j)

for

 its Spray Booths

S

 25 and S

26

at

 its Mendota,

 Illinois plant

 until May 22,

 1988.

Motor Wheel Corporation operates

 a plant at Mendota, LaSalle

County,

 Illinois.

 LaSalle County is designated

as

 “cannot be

classified or

 better than national standards”

 for ozone.

 (40 CFR

31.314)

 As part

of

 its wheel manufacturing operations,

 Motor

Wheel paints the Wheels.

 This coating

is

 limited by 35

 Ill. Adm.

Code 215.204(j)

to

3.5

lb.

 VOC/gal.

 of coating.

 The relevant

spray booths at the plant are designated

as

S

 25 and S

 26 and are

presently operated pursuant

 to an operating permit, Application

No.

 87090034, with

 an expiration

 date of December

21,

 1992.

After reviewing the application according

 to the criteria

found

 in 35

 Ill.

 Adm.

 Code 180.301,

 the Agency recommends

 that

the provisional variance be granted.

 The Agency states that

its

review indicated

 the following:

1.

 The requested relief

 is short—term,

 for 45 days;

2.

 the demand

for

 the painted wheels is

 four months

earlier than expected;

 at the same

 time, Motor Wheel’s

construction of its paint system has encountered

delays.

 To refuse

 to allow

 the requested production

level debugging would cause an arbitrary and

unreasonable hardship.

 Since

 the wheels are needed by

the customer, Diamond

 Star,

 by June,

 1988,

 Motor Wheel

could

 not avoid

 this arbitrary

 and unreasonable

88—69

—2—

hardship by pursuing

 a normal Section

 35(a) variance

in

the remaining time before June;

3.

 Motor Wheel has not previously been granted any

provisional variance relief within the calendar year;

4.

 Motor Wheel has included

 a compliance plan of sorts——

after the debugging production of the 10,000 wheels

it

will no

 longer use the noncompliant coating;

5.

 there are no reasonable alternatives

 for compliance

in

the short—term.

 Rather,

 this time will allow

the

future compliant operation;

6.

 that adverse impacts will be minimal may be inferred

from the fact that there will only be

 50 pounds

of

excess emissions over

a

 45 day period

in

 an area with

good air quality.

Based on

 its review,

 the Agency recommends

 that the variance be

granted,

 subject

 to the conditions set forth

 in the Order below.

Pursuant

 to Section

 35(b)

 of the Illinois Environmental

Protection Act,

 the Board hereby grants the provisional variance

as recommended.

This

 Opinion constitutes

 the Board’s findings of fact and

conclusions of law

 in this matter.

ORDER

Motor Wheel Corporation,

 Petitioner,

 is hereby granted

a

provisional variance from the requirements

 of 35

 Ill.

 Adm. Code

215.204(j)

for

 its Spray booths

S

 25 and S

26

 at its Mendota,

Illinois plant,

 subject

 to the following conditions:

1.

 This variance shall commence on April

7,

 1988 and

extend

 to May 22,

 1988.

2.

 During the period

 of the variance,

 Petitioner

 shall not

cause or allow the emission of volatile organic

material from Spray Booths

S

 25 and S

 26 to exceed 4.04

lb. VOM/gal.

 of coating material,

 excluding water,

delivered

 to the coating applicator.

3.

 No more than 10,000 wheels may be painted with the

noncornpliant coating during the variance.

4.

 On or before June

1,

 1988,

 Petitioner shall submit

a

report of all coating

 usage,

 including VOM

 content,

and

wheel production under

 the variance to the following:

88—70

—3—

Variance Compliance Manager

Division of Air Pollution Control

Illinois Environmental Protection Agency

2200 Churchill Road

P.O.

 Box 19276

Springfield,

 IL 62794—9276

5.

 Within ten

 (10) days

 of the date of this Order,

the

City shall execute a Certificate of Acceptance agreeing

to

 be bound by

the

 terms and conditions of

 this

variance which shall

 be sent

to:

Illinois Environmental Protection Agency

Enforcement Programs

2200 Churchill Road

P.O.

 Box 19276

Springfield,

 IL 62794—9276

ATTN:

 Mr. William D. Ingersoll

This variance shall

 be void

 if Petitioner

 fails

to

execute and

 forward

the

 certificate within the ten day

period.

 The ten day period shall

 be held

 in abeyance

during any period that this matter

 is being appealed.

The form of

 said Certification shall be

 as follows:

CERTIFICATION

I,

 (We), Motor Wheel Corporation,

 having read the Order of

the Illinois Pollution Control Board,

 in PCB 88—61,

 dated April

7,

 1988, understand and accept the said Order,

 realizing that

such acceptance renders

 all terms and conditions thereto binding

and enforceable.

Petitioner

By:

 Authorized Agent

Title

 Date

Section 41 of

 the Environmental Protection Act,

 Ill.

 Rev.

Stat.

1985

ch.

 111 1/2 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 bRDERED.

Board Member’s 3.

 Dumelle and 3. Anderson concurred.

88—71

—4—

I,

 Dorothy

NI.

 Gunn, Clerk

 of the Illinois Pollution Control

Board,

 herebl certify

 that the above Order was adopted on

the

_______________

 day of

~

1988

by

 a vote

of

Dorothy M.

 unn,

 Clerk

Illinois Pollution Control Board

88—72