ILLINOIS POLLUTION CONTROL BOARD
    June
    22,
    1989
    MINNESOTA MINING AND
    MANUFACTURING COMPAL~Y,
    Petitioner,
    v.
    )
    PCB 89—51
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    LEE CUNNINGHAM,
    ESQ.,
    OF GARDNER, CARTON AND DOUGLAS, APPEARED ON
    BEHALF OF THE PETITIONER.
    SUSAN SCHROEDER,
    ESQ.,
    APPEARED ON BEHALF
    OF
    THE
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD (by M. Nardulli):
    Tnis matter
    comes before the Board
    on
    a March 14,
    1989
    Petition
    for Variance Extension filed on behalf
    of the
    petitioner, Minnesota Mining and Manufacturing Company
    (3M).
    3M
    seeks an extension of
    the variance from
    35
    Iii.
    Adm.
    Code
    215.204(c)
    and 215.207, which relate
    to volatile organic material
    (VOM) emissions, granted
    by the Board
    in the Opinion and Order
    for PCB 88—14.
    The original variance,
    as amended
    by
    a Board
    order
    on May 11, 1989,
    expired
    on April
    1,
    1989.
    In this filing,
    the
    petitioner
    requests
    that
    the
    variance
    be
    extended
    until
    July
    1,
    1989
    to allow
    3M time
    to perform compliance
    testing of
    repaired
    equipment.
    The Illinois Environmental Protection
    Agency (Agency) filed
    a variance recommendation on April
    19,
    1989
    in support
    of the
    grant
    of the extension.
    At the request
    of
    the petitioner,
    a
    public
    hearing
    was
    held
    on
    May
    12, 1989
    in Chicago,
    Illinois.
    One person testified
    for the petitioner and
    no members
    of the
    public
    were
    present.
    The
    parties
    agreed
    that
    no
    post—hearing
    briefs would
    be filed.
    Based on the record,
    the Board
    finds
    that
    denial
    of the extension would impose
    an arbitrary or
    unreasonable
    hardship on the petitioner.
    Therefore,
    the Board will grant
    the
    extension
    until
    August
    1,
    1989.
    The February 2,
    1989
    Opinion and Order
    for PCB 88—14 sets
    forth
    all
    the
    necessary
    information
    concerning
    this
    matter
    except
    for events which have occurred subsequent
    to the order.
    Since
    the end
    of
    1988,
    thermal oxidizers have
    been fully operational on
    100—26 1

    —2—
    3M coating lines
    2G,
    3G and
    4G.
    However, emission testing on the
    lines was delayed because of cracks
    in the primary heat exchanger
    of the 2G oxidizer
    and because the temperature
    in the
    3G oxidizer
    was fluctuating during the hot side by—pass phase.
    During the
    week
    of January 9, 1989 the thermal oxidizers were inspected.
    The following additional problems were identified:
    a.
    Stack failures on all oxidizers due to
    excessive stack temperatures
    b.
    Seat exchanger cracks
    in all oxidizers
    caused by mechanical stress from heating
    and cooling
    c.
    Burner plate failures
    in all oxidizers
    resulting from the
    failure
    of welds on the
    burner assembly
    d.
    Cracked insulation blocks
    in all oxidizers
    e.
    Loss of temperature control
    in the bypass
    phase
    of the
    3G oxidizer.
    3M
    indicates that
    it can meet
    the following schedule for
    repairing the three oxidizers:
    a.
    Procurement of materials:
    February 27
    to
    March
    3,
    1989.
    b.
    Prefab
    (offsite)
    of
    repair assemblies:
    ~4arch6 to March
    17, 1989.
    c.
    Begin on—site repairs:
    March
    20,
    1989.
    d.
    Repair
    one
    unit at
    a time using
    approximately an 11—man crew eight working
    days for each unit.
    e.
    Complete first unit:
    March
    29,
    1989.
    f.
    Complete second unit:
    April
    10,
    1989.
    g.
    Complete third unit:
    April
    21, 1989.
    h.
    Complete compliance testing on all three
    units:
    July 1,
    1989.
    3M notes that the oxidizers will continue
    in operation
    whenever the associated
    line
    is
    running.
    Therefore,
    any adverse
    environmental
    impact which may be
    associated with these lines
    will
    be less than the impact anticipated
    under
    the existing
    100—262

    —3—
    variance since
    the oxidizers,
    even
    in their present conditions,
    provide greater
    emission reductions than the previously existing
    controls.
    In its variance recommendation,
    the Agency states that the
    revised schedule for compliance
    is
    reasonable and recommends
    the
    Board grant the variance extension.
    The Agency agrees that
    the
    adverse environmental impact will
    be slight and that the problems
    which have occurred could
    not have been foreseen.
    The Agency
    recommends
    the reinstatement of the conditions
    in PCB 88—14 that
    relate
    to lines
    2G,
    3G and
    4G.
    The Board
    will grant
    the requested extension of the variance
    from
    35
    Ill.
    Adm.
    Code 215.205(c)
    and 215.207 until August
    1,
    1989 subject
    to the pertinent conditions imposed
    in the Board’s
    Order
    in POB 88—14 dated February 2,
    1989
    for lines 26,
    36 and
    46
    at 3M’s Bedford
    Park tape manufacturing plant.
    The Board finds
    the anticipated adverse environmental impact
    to be minimal.
    The
    Board also finds
    that requiring immediate compliance would
    impose
    an arbitrary and unreasonable hardship on
    3M.
    The foregoing constitutes the Board’s findings of
    facts
    and
    conclusions
    of law
    in
    this matter.
    ORDER
    The Board hereby grants
    the Minnesota Mining and
    Manufacturing Company
    (“3M”) an extension of variance from 35
    Ill.
    Adm.
    Code
    215.204(c)
    and 215.207,
    as amended at 12
    Ill.
    Reg.
    815,
    840—42
    (Jan.
    8,
    1988),
    for the period from April
    1,
    1989
    until August
    1,
    1989 for
    its tape manufacturing lines
    2G,
    3G and
    4G at
    its Bedford Park Plant,
    subject
    to
    the
    following
    conditions:
    1.
    Ninety days
    after
    installation
    of new
    control
    equipment on any
    of Lines 2G,
    3G
    and
    4G,
    or
    upon normal operation of the
    new control equipment on any
    of Lines
    2G,
    3G,
    and
    4G, whichever
    occurs first
    for
    each
    line:
    a.
    Volatile organic material
    from the
    “adhesive coating” will not by—pass
    the thermal oxidizers
    and
    the thermal
    oxidizers will achieve
    95
    destruction
    efficiency
    on the captured volatile
    organic material, except during
    malfunction and breakdown
    as
    authorized
    by the IEPA operating
    permit.
    100—263

    —4—
    b.
    Lines
    2G,
    3G and
    4G,
    shall be operated
    to achieve
    at least equivalence with
    2.9
    lb. VOM/gallori using
    the formulas
    contained in Section 215.207
    for
    each
    product manufactured, except during
    malfunction and breakdown
    as
    authorized by the Agency operating
    permit.
    2.
    Within
    45 days after
    the date of this
    Order,
    3M shall execute and send
    to:
    Illinois
    Environmental Protection Agency
    Attention:
    Susan Schroeder
    Enforcement Programs
    2200 Churchill Road
    Springfield,
    IL
    62794—9276
    a Certificate of Acceptance and Agreement
    of this variance by which
    it agrees
    to
    be
    bound by the terms and conditions
    contained herein.
    This variance will
    be
    void
    if
    3M
    fails
    to execute and forward
    the certificate within the 45—day
    period.
    The 45—day period
    shall be
    in
    abeyance for any period during which
    the
    matter
    is appealed.
    The
    form of the
    certification shall
    be as follows:
    CERTIFICATION
    I,
    (We)
    ,
    having
    read the Opinion and Order
    of the Illinois Pollution Control
    Board in PCB
    89—51,
    dated _______________________,
    understand
    and
    accept the said Opinion and Order,
    realizing that such acceptance
    renders
    all terms and conditions thereto binding
    and enforceable.
    Petit ioner
    Authorized Agent
    Title
    DATE
    100—
    264

    —5—
    Section
    41
    of the Environmental Protection
    Act,
    Ill.
    Rev.
    Stat.
    1985
    ch.
    1l11-/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 ORDERED.
    I, Dorothy M Gunn, Clerk
    of the Illinois Pollution Control
    Board, hereby certify that the above Opin±~nand Order was
    adopted
    on
    the
    ~
    day of
    ~,—
    1988,
    by
    a vote
    of
    7--C
    .
    ,,~
    -~
    //
    //.
    /
    -7
    //7~
    ~
    Dorothy
    M.
    Gu”nn, Clerk,
    Illinois Pollution Control Board
    100-265

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