ILLINOIS POLLUTION CONTROL BOARD

November

26, 1975

CONTINENTAL CAN COMPANY, INC.,

Metals Division,

Petitioner,

v.

)

PCB 75—201

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

Mr. Harvey

M. Sheldon,

Plunkett, Nisen, Elliott

& Meier,

appeared on behalf of the Petitioner;

Mr. Peter

E. Orlinsky,

appeared on behalf of the Respondent.

OPINION

AND

ORDER OF THE

BOARD

(by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board)

upon the petition of Continental Can Company,

Inc.

(Can)

for variance from Rule 205(f)

of the Air Regulations

for Plant No.

5 until January 1,

1976.

An additional in-

formation order was issued May

15,

1975.

The Environmental

Protection Agency

(Agency)

filed its Recommendation August 28,

1975.

On October 17,

1975,

a hearing was held wherein a

“Stipulation for an Agreed Order” was submitted to the

Board.

The Board has issued its Opinion in two companion cases

today,

to wit PCB 75—199 and PCB 75-200.

Said Opinions are

hereby incorporated by reference as though fully set forth

herein.

Plant No.

5

(The Clearing Plant)

is located at 5401

West 65th Street,

Bedford Park, Cook County,

Illinois.

The

emissions sources which are the subject of the variance

petition are five coater lines and four press lines for the

manufacture of metal plates,

ends and tops, used for assem-

bly elsewhere of metal cans and containers.

Petitioner manufactures

122 million sheets of litho-

graphed and coated plates and 860 million ends and tops on

the subject coater and press lines per year.

This process

consumes 40,000 gallons of enamels,

30,000 gallons of coat-

ings,

and 15,000 gallons of varnishes annually.

These

coatings, varnishes and enamels contain organic materials

and chemical compounds,

e.g., acrylics,

aklyds, vinyls,

phenolics,

and epoxys.

19—322

---

—2—

As explained more fully in PCB 75-199, Petitioner had

planned to achieve compliance with Rule 205(f)

by reducing

the organic material used in its process to 20 per cent or

less of total volume by May 30,

1975,

as provided

in Rule

205(f) (2) (D)

of the Air Regulations.

When Petitioner realized this would not be possible,

it

embarked upon an alternate means of compliance.

Petitioner

has installed an 8,000 CFM catalytic fume incinerator unit

and heat exchanger to control emissions on two of the sub-

ject coater lines.

The remaining lines will be controlled

by the use of exempt materials by January

1,

1976.

Peti-

tioner has reduced its emissions of photochemically reactive

materials at Plant No.

5 by 91

since 1970.

As we have already stated twice

today, Petitioner has

shown good faith in its efforts to achieve compliance with

Rule 205(f).

However, here too, Petitioner relys upon a

stipulation that its variance would not significantly con-

tribute to violations of the ambient air quality.

The Board

cannot accept stipulations of this kind, See Continental

Can Company,

Inc.

v.

EPA, PCB 75-199.

As stated in that

case, the Board must reluctantly deny Petitioner the relief

sought herein.

This Opinion constitutes

the findings of fact and

conclusions of law of the Board in this matter.

Mr. Young will submit a Concurring Opinion.

ORDER

It

is the Order of the Pollution Control Board that

Continental Can Company Inc.’s petition for variance from

Rule 205(f)

of the Air Regulations for Plant No.

5 be and

is, hereby, denied without prejudice.

I,

Christan

L. Moffett,

Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order

were adopted on the

~

day of

_____________

1975 by a vote of

i/..~

Christan L. Moffet

,

erk

Illinois Pollution

rol Board