ILLINOIS POLLUTION CONTROL BOARD

April

4, 1974

ROPER CORPORATION,

)

Petitioner,

)

vs.

)

PCB 74-22

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

)

OPINION AND ORDER OF THE BOARD (by Mr.

Seaman):

This

is

a Petition for

a Variance filed by the Roper Corpora-

tion (hereinafter “Petitioner”) with the Environmental Protection

Agency (hereinafter “Agency”)

on January 16,

1974.

Petitioner operates

a facility for the manufacture of gas

and electric ranges

in Kankakee.

Petitioner’s operation includes

an electrostatic paint spray

system for applying paint

to pre-conditioned ware and Petitioner

is seeking

a variance

from Rule 205(f) of Air Pollution Control

Regulations for a period of one year.

Petitioner’s facility contains three sources

of emissions

of organic materials:

two water wash booths (each containing three

electrostatic spray guns)

and one cu~’ingoven.

Petitioner estimates

that

its

total

emission of solvents

is 69.9 lbs/hr.

Since the

solvents employed by Petitioner are photochemically reactive, Rule

205(f)

limits emissions of solvents from the paint spray system

to

eight lbs/hr.

On August 20,

1973, Petitioner was granted an operating Permit

by the Agency for its metal

painting operations.

Petitioner’s permit

application contained a compliance plan which stated that compliance

with Rule 205(f) would be achieved prior

to December 31,

1973

(effective date of the Rule)

by reformulating

its paints

to include

only exempt solvents, and by switching

to exempt solvents for use as

paint thinners.

Petitioner now alleges that due

to the current

shortage of non-photochemical

solvents,

it

is not possible to

follow

its compliance

plan.

12—35

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—2-

Petitionerfurther alleges that failure to obtain

a variance

would impose

a severe hearship

in that thermal

oxidation,

the

only alternative means

of compliance,

is both costly

($100,000

for equipment plus $90,000 annual operating costs) and require

large amounts of scarce natural

gas.

Petitioner alleges that

its

hardship outweighs that which would

be suffered by the environment

if

a variance is granted.

Petitioner’s facility is located

in

a highly industrial

area.

The Agency

has received no complaints from persons living

or working

in the area concerning Petitioner’s operations.

The Agency

is aware

of the current nationwide shortage of

non-photochemical

solvents and notes that Petitioner is not unique

in

its inability to obtain said solvents.

The Agency also believes

that due to

the current shortage of natural

gas, thermal

oxidation

is not, at this time, a viable means

by which Petitioner may achieve

compliance wity Rule 205(f).

This Opinion constitutes the findings of fact and conclusions

of law of

the Board.

IT IS THE ORDER of the Pollution

Control Board

that Petitioner

be granted

a Variance from Rule 205(f) for

a period of one year

from the date of this Order subject to the following conditions:

a.

Commencing 30 days after the Board’s Order herein,

Petitioner shall

submit bi-monthly reports

to the Agency

detailing

all progress made toward the eventual compliance

with Rule 205(f).

Said reports

shall

be sent to:

Environmental Protection Agency

Division of Air Pollution Control

Control

Program Coordinator

2200 Churchill

Road

Springfield, Illinois

62706

b.

Petitioner

shall utilize as much exempt solvent for-

mulations as can be furnished by

its suppliers.

c.

Within nine months of the Board’s Order herein,

Petitioner shall

submit

a revised compliance plan to the Agency.

This plan may:

1.

Achieve compliance at the expiration of the Var-

iance by replacement of photochemically reactive

solvents with non-reactive solvents demonstrated

to

be readily available

or

12—36

---

—3-

2.

Achieve compliance at the expiration of the Vari-

ance by qualification under the Alternative Stan-

dard of Rule 205(f)(l)

or

3.

Achieve compliance by May 30? 1975 under the pro-

visions of Rule 205(f)(2)(D).

I, Christan

L.

Moffett, Clerk of the Illinois Pollution Control

Board, certify that the

a ove Opinion and Order was adopted on this

g-U”~

day of

.

,

1974 by

a vote of

..~

to

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