ILLINOIS POLLUTION CONTROL BOARD
    December 20, 1973
    CONTINENTAL CAN COMPANy.
    Petitioner,
    vs.
    )
    PCB 73—387
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    Joseph Wright, Jr., Attorney, on behalf of Petitioner.
    George Wolff and James Rubin, Assistant Attorneys General on
    behalf of Respondent.
    OPINION AND ORDER OF THE BOARD (by Mr. Seaman)
    On September 6, 1973, Petitioner, Continental Can Company,
    Inc., filed its Petition for Variance seeking variance from
    Pollution Control Board Regulations, Chapter 2, Rules 103(b)
    (2), 103(h) (6) (B), 104 and 205(f). A hearing was held in this
    matter on November 27, 1973.
    Petitioner owns and operates, through its White Cap Division,
    a facility located at 1819 North Major Avenue, Chicago, County of
    Cook, Illinois. Said facility manufactures metal closures for
    glass containers. As an integral part of that activity, Petitioner
    maintains a lithography operation within the facility, which opera--
    tion is the subject of its Petition.
    The subject lithography operation consists of thirteen
    ovens, each emitting an average of 49.5 pounds per hour of
    organic material, which organic material is ‘tphoto-chemically
    reactiven as that phrase is defined by Pollution Control Board
    Rule 201. Petitioner has undertaken the installation of three
    incineration devices designed to bring the emission of organic
    material within the limits established by Pollution Control Board
    Rule 205(f). However, Rule 205(f) becomes effective on January 1,
    1974.
    Petitioner alleges that, through no fault or delay attri-
    butable to Petitioner, the installation of the three incineration
    devices cannot be completed until June 30, 1974. Petitioner,
    therefore, seeks a variance from Rule 205(f) until that date,
    alleging that the delay in installation was due to Petitionert s
    inability to acquire firm commitments for the fuel necessary
    to operate the incineration devices.
    10
    --435

    —2—
    Because Petitioner cannot complete control of said
    organic emissions on or before the effective date of the limita-
    tions of Pollution Control Board Rule 205(f) as said date
    is established by PCB Rule 205(J) (2), Petitioner is unable to
    supply Compliance Programs and Project Completion Schedules
    conforming to PCB Rule 104 (C) (2) and, lacking said Compliance
    Programs and Project Completion Schedules, Petitioner is
    unable to obtain an Operating Permit pursuant to the require-
    ments of PCB Rule 103 (b) (6) (B)
    Petitioner alleges that the fuel (natural gas) is presently
    available; however, the delay in obtaining the allocation,
    from May of 1972 until June of 1973, has allegedly caused ~imilar
    delays in Petitioner’s construction program (R.2).
    Petitioner notes for our consideration that upon the adoption
    of Rule 205 (f)
    ,
    Petitioner had the option of converting its
    operation to the use of water-base paints. If Petitioner had
    elected to pursue said option, it would not be required to
    comply with the limits of Rule 205(f) until May 30, 1974 (R.71).
    Petitioner argues that it would have been a good deal less
    expensive to substitute water-base coatings than to install and
    operate incineration devices (R.7l). However, Petitioner’s witness
    Mr. James H. Lewis, plant manager, testified that Petitioner elected
    to install rather expensive thermal oxidation units as opposed
    to changing to water—base coatings because of the uncertainties
    involved in the use of heavily pigmented coatings (R.13).
    The Agency position on this matter is that Petitioner should
    have completed construction and installation of the proposed
    equipment prior to the effective date of Rule 205(f) (January 1, 1974),
    and then wait until the requisite allocation of natural gas could
    be obtained, if said allocation had not been obtained (luring the
    construction and installation period.
    On this point, Petitioner’s witness, Mr. James H. Lewis,
    testified that installation and subsequent non-use of the proposed
    equipment for any extended period of time would result in con-
    tamination or possible damage to the said equipment due to
    condensation (R.2l)
    .
    This testimony was not rebutted by the Agency.
    In order to provide gas to the proposed equipment, it is
    necessary that Petitioner convert its entire facility from low
    pressure to medium pressure gas lines. It is also necessary for
    Petitioner’s supplier to extend new, medium pressure lines to
    Petitioner’s facility. Petitioner’s supplier, Peoples Gas, Light
    and Coke Company, has experienced difficulty in obtaining easements
    for its extension to Petitioner’s facility
    and the final
    easement was not obtained until NoveP~ber23, ~973 (R.59).
    10
    436

    —3—
    Petitioner estimates the cost of construction and installation
    of the proposed equipment to be $600,000 (R.l7)
    .
    Petitioner
    states that 174 persons are directly employed in the subject
    lithography operation and the employment of an additional 919
    employees is indirectly dependent upon the continued operation
    of said lithography operation.
    We are disposed to grant Petitioner’s request for variance;
    however, variance from Rule 205(f) shall be granted only until
    March 1, 1974.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board.
    ORDER
    IT IS THE ORDER of the Pollution Control Board that Petitioner,
    Continental Can Company, Inc., shall be granted a variance from
    Rule 205(f) of the Rules and Regulations of the Illinois Pollution
    Control Board until March 1, 1q74.
    Mr. Henss dissented.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, certify that the aboye Opinion and Order was
    adopted on the
    __________
    day of
    ~
    —,
    1974 by a
    vote of
    ____________
    10 —437

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