ILLINOIS POLLUTION CONTROL BOARD

February

27,

1975

AURORA STEEL PRODUCTS,

DIVISION OF HUPP,

INC.,

)

Petitioner,

v.

)

PCB 74—323

ENVIRONMENTAL PROTECTION AGENCY,

Respondent

-

OPINION AND ORDER OF

THE

BOARD

(by Mr.

Du.melle):

This petition

for variance

was filed on September

6,

1974. Petitioner, Aurora Steel Products

(Aurora) operates a

facility

in

Aurora, which manufactures steel

lockers, cabinets

and shelving.

These products are painted at petitioner’s

plant.

Aurora seeks

a variance from Rule 205(f)

of the Air

Pollution Regulations until such time as it can obtain

sufficient quantities of exempt paint solvents or until it

is able to construct a new facility which utilizes water

base paints.

A hearing in this matter was held on January

:L7,

1975.

Petitioner’s witness explained that as a result of allocation

restrictions, one of their three suppliers,

Glidden—Durkee

(Glidden)

had been unable to supply them with exempt paint.

Aurora admitted that the other two could have met their

total need, but was hesitant to rely only on these small

suppliers and to cut off Glidden as a source.

Aurora claimed

that Glidden had verbally indicated that exempt paint would

soon be available.

In a letter received January

22,

1975

and made a part of the record as Petitioner’s exhibit

4 by

stipulation of the parties, Glidden informed Aurora that it

could now supply exempt solvent paint formulations as soon

as Aurora’s present inventory was depleted.

Since the

record indicates that Aurora maintains approximately a six

week inventory, we feel that a variance granted until March

15, 1975 should be sufficient to achieve compliance with

Rule 205(f).

The Agency had no objection to granting a

variance through an inventory change—over period.

In granting

this variance until this date, we do not wish to imply that

a petitioner may not be required to find alternative suppliers

or absorb the loss of non-exempt material in order to achieve

compliance with the pertinent section of

a regulation.

In

this instance, however, compliance

is imminent.

We also

note that the time frame involved does not conflict with the

15

—

587

---

—2—

higher summer ozone levels such as necessitated our decision

in Clean Air Coordinating Committee v.

EPA, PCB 74-284,

Petitioner fears

future supply restrictions and consequently

seeks

a continuance of the variance until a new facility

capable of utilizing water base paints is available.

It

would be inappropriate for the Board to grant such contingent

variances for a facility which is currently in compliance

with all regulations.

If Aurora has future difficulties

obtaining exempt solvents and paints,

it will be necessary

for them at that time to enter a new petition for variance

which would be judged on its own merits.

The Board at this

time cannot foresee all the considerations which would be

relevant to such a request.

This Opinion constitutes the Board’s findings of fact

and conclusions of law.

ORDER

It is the Order of the Pollution Control Board that

petitioner, Aurora Steel Products, Division of Hupp,

Inc.,

be granted

a variance from Rule 205(f) of the Air Pollution

Regulations from September

6,

1974 until March 15, 1975,

IT IS SO ORDERED,

I, Christan L. Noffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opii.ion and Order

~~opted

on the

1~’ day of February,

1975 by a vote of

~

__

i~E~’nT~.

Moffa

Cler

Illinois Pollutio

ontrol Board