ILLINOIS POLLUTION CONTROL BOARD
    March 21,
    1974
    )
    INTERNATIONAL HARVESTER
    )
    )
    )
    v.
    )
    PCB 7~-559
    )
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    MS. SARA L.
    JAVAHERIAN,
    appeared on behalf of International
    Harvester
    MICHAEL GINSBERG,
    appeared on behalf of the Environmental Protection
    Agency
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    International Harvester filed
    a Petition for Variance from
    Rule 205(f)
    of the Air Pollution Regulations
    (Air Regulations)
    on December 26,
    1973.
    On February 8,
    1974 the Environmental
    Protection Agency
    (Agency)
    filed
    a Motion to Dismiss
    the Variance
    Petition.
    International Harvester filed
    a Response
    to the
    Agency’s Motion
    to Dismiss on February
    26,
    1974.
    The Board on
    February 28, 1974 denied the Agency’s Motion
    to Dismiss.
    The
    Agency filed
    a Recommendation to grant the variance for a six
    month period on March
    12,
    1974.
    No hearing was held.
    International Harvester operates
    a farm equipment manufactuTing
    plant located in Canton, Fulton County,
    Illinois.
    International
    Harvester uses 102,000 gallons of paint
    and 30,000 gallons of
    solvent per year which produce an emission of 172.7 lbs. per
    hour of photochemically reactive organic material.
    Rule
    205(f)
    of the Air Regulations
    limits organic emissions
    to
    8 lbs. per hour with two exceptions.
    The first exception is
    the use of a control device such as
    an incinerator, vapor recovery
    system,
    or other approved control device to achieve
    an 85
    reduc-
    tion over the uncontrolled emissions by December 31,
    1973 (Rule 205
    (f)(l)).
    The second exception
    is
    to reduce the
    absolute volume
    of total organic material used in the manufacturing process
    to
    20
    or less of total volume by May 30,
    1975
    (Rule
    205(f) (2) (D)).
    A further exception applies
    to
    the emission limit
    “if no odor
    nuisance problem exist in the limitation.
    .
    .
    shall
    apply only to
    photochemically reactive material” (Rule 205(f)).
    This exception
    11
    —635

    -2-
    has been the subject of numerous variance petitions and is
    the
    subject of this request by International Harvester.
    International
    Harvester
    as well
    as many other manufacturers
    and users, was
    able
    to file
    a compliance program and obtain an operating permit because
    they proposed switching to
    the use of non-photochemically solvents
    and thus meeting the substituting standard of
    8
    lbs. per hour
    of “photochemically reactive1’ organic material by December 31,
    1973.
    Internati~onalHarvester by its o~nadmission emits
    172.7
    lbs. per hour of photochemically reactive organic material which
    is approximately 21.5 times
    the allowable rate of
    8 lbs. per
    hour under Rule 205(f)
    of the Air Regulations.
    International
    Harvester alleges
    that because of numerous reasons such as
    the
    difficulty of testing and approving
    newly
    formulated paints,
    rejecting of newly formulated paints for failure to meet production
    requirements, objectional odors to plant workers, delay in delivery
    of newly formulated paints
    from paint manufacturers,
    an 18-day
    strike In October,
    1973,
    and the shortage of solvents within the
    petrochemical industry,
    that they were not able
    to
    meet the December 31, 1973 deadline.
    International Harvester
    alleges that by February 11,
    1974 they had switched to the use
    of 100
    non-photochemically solvents and 80.4
    non-photochemically
    reactive paint.
    International Harvester further alleges
    that
    by May
    1,
    1974 it shall have in use
    83.5
    non-photochemically
    paints.
    International Harvester seeks
    a variance until December 31,
    1974 to permit
    it to implement
    its project completion schedule
    for conversion to exempt materials and to search for other sources
    of supply to enable
    it
    to achieve 100
    compliance with Rule 205(f)
    of the Air Regulations.
    The Board agrees with the Agency in that it
    is reasonable
    to require petitioners
    to investigate feasible control alternatives,
    notwithstanding the language of Pol:Lution Control Board Regulation,
    Chapter
    1 Part
    4,
    Rule 401(a).
    The Board specifically rejects
    International Harvester’s contention that
    it would “be unreasonable
    to require petitioner to explore
    the Rule
    205(f)
    alternatives
    within the confines
    of the variance petition since the Agency has
    approved
    a compliance program based on exempt solvents” (Int~rna-
    tional Harvester’s response to Agency’s Motion
    to Dismiss
    filed
    February 26,
    1974).
    Agency approval
    of compliance programs which
    anticipated compliance with Rule 205(f) by utilizing non-photo-
    chemically solvents does not grant petitioners
    an un-ending
    variance for so long as
    the shortage of non-photochemically reactive
    solvents exists
    in the petrochemical industry.
    Petitioners should
    present evidence that they will be able to obtain non-photochemically
    reactive solvents
    in the near future.
    If they cannot demonstrate
    this,
    then Petitioners should explore
    the
    two alternatives under
    Rule 205(f)
    of the Air Regulations discussed above.
    While the
    effective date for switching to non-photochemically reactive sol-
    vents was December 31,
    1973,
    the effective date for switching to
    11
    —636

    -3-
    water based paint according to Rule
    205(f) (2) (D)
    is May 30,
    1975.
    Therefore an acceptable compliance plan and project completion
    schedule for conversion to water based paint would not offend
    Board Regulations.
    The Board finds that International Harvester has proceeded
    in good faith to achieve compliance with Rule 205(f)
    and that
    a short-term variance from this Rule would not,
    in this circum-
    stance,
    cause significant public injury because International Har-
    vester
    is in substantial compliance.
    However,
    International Har-
    vester should submit the following information if they petition
    for an extension of
    this variance:
    1)
    Environmental impact of their emissions,
    including the
    amount and type
    of emissions.
    2)
    Impact of
    the mandatory allocation order on their ability
    or inability to obtain non-photochemically reactive solvents
    (Fed.
    Reg.,
    1/15/74, Vol.
    39,
    No.
    10, Part III, Part 2llJ.
    3.
    Projected compliance date or date of availability of non-
    photochemically reactive solvents.
    4.
    Information on applicability of reducing the total
    organic
    emission by
    85
    (Rule
    205(f)(l-5)).
    5.
    Information on the potential sh~ftin~
    to non-organic
    solvents,
    i.e., water,
    to reduce
    the total volume of organic
    materials used
    (Rule 205(f) (2) (D)).
    This Opinion constitutes
    the Board’s findings of fact and
    conclusion’s of law.
    ORDER
    International Harvester is hereby granted
    a variance from
    Rule
    205(f)
    of the Air Regulations for the period of time from
    January
    1,
    1974 ‘~intilD~ecember 31, 1974 subject to the following
    conditions:
    1.
    International Harvester shall continue research and testing
    to formulate acceptable paint mixtures.
    Results of such
    research shall be forwarded to
    the Division of Air Pollution
    Control, Illinois Environmental.Protection Agency,
    200 West
    Washington Street,
    Springfield,
    Illinois
    62706.
    2.
    International Harvester shall convert to the use of non-
    photochemically reactive solvents, should such solvents become
    available during the term of the variance.
    1~—6~T’

    -4-
    3.
    As much non-reactive solvents
    as are available shall be
    used in preference
    to reactive solvents.
    4.
    A new compliance plan shall be filed with the Agency prior
    to September 21, 1974
    IT
    IS SO
    ORDERED.
    I,
    Christan L. Moffett, Clerk of
    the Illinois Pollution Control
    Boai~d,hereby certify the above Opinion and Order were adopted on the
    ~
    day of March,
    1974 by
    a vote of
    ___________________________
    Christan L. Moffett, Cl~
    -
    Illinois Pollution Control Board

    Back to top