ILLINOIS POLLUTION CONTROL BOARD

April 25, 1974

WESTINGHOUSE ELECTRIC CORPORATION

Petitioner,

v.

)

PCB 74—72

ENVIRONMENTAL PROTECTION AGENCY

OPINION AND ORDER OF THE BOARD (by Dr. Odell)

On February 22, 1974, Petitioner filed with this Board

a Petition for Variance to operate its #3 paint dip tank and

#6 paint bake oven in 

excess 

of the applicable standards of

Rule 205(f) of the Illinois Air Pollution Regulations (Chapter

Two). Petitioner~s facility, located at 3900 West 41st Street,

Chicago, Illinois, fabricates and assembles motor control centers.

Before distribution, the goods are painted and bake-dried at the

plant. The Variance 

to permit emission of photochemically

reactive hydrocarbons in excess of the 8 lbs per hour limitation

of Rule 205(f) of Chapter Two 

was requested through September

30, 1974. Petitioner estimates that #3 paint dip tank and #6

bake oven each emit 11.725 lbs per hour of photochemically reactive

organic solvent vapors. Both emission sources operate 8.5 hours

per day, 6 days per week for 51 weeks per year. On March 5, 1974,

the Board received an Amendment to the Variance Petition, which

indicated further difficulties in obtaining exempt solvents and

requested a variance for a longer period.

On November 29, 1973, Petitioner had submitted to the

Environmental Protection Agency (EPA) a Compliance Program which

would achieve a December 31, 1973, conformance to Rule 205(f)

by switching to exempt solvents. On the basis of this Compliance

Program, EPA issued a permit to Westinghouse on January 7, 1974.

Now alleging industry-wide shortages of exempt solvents, Westing-

house argues that compliance with Rule 205(f) would currently

impose upon it an arbitrary and unreasonable hardship.

On March 27, 1974, the EPA recommended that the variance be

granted. “Considering the absence of citizen complaints 

denial of the variance would cause a hardship. The Agency is aware

of the cur cent nationwide shortage of non-photochemically r ~active

solvents and notes that Petitioner is not unique in its inability

to obtain such solvents. The Agency also believes that due to the

current shortage of natural gas, thermal incineration is not, at

this time, a viable means by which Petitioner may achieve com-

pliance with Rule 205(f).”

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167

Petitioner’s variance is granted through December 31, 1974. The

hardship is riot self-imposed, and Petitioner is engaged in good faith

efforts to solve its pollution problem.

The Federal Energy Office has established mandatory allocation

of petrochemical feedstocks to petrochemical producers 

——

including

solvent manufacturers 

in a quantity equal to 100 percent of the

producerts current requirements (Fed. Reg. Vol. 39, No. 10, Part III,

Subpart 211J, January 15, 1974). Petitioner should utilize such exempt

solvents as they become available.

ORDER

Petitioner is hereby granted a variance from Rule 205(f) of

Chapter Two to operate both its *3 paint dip tank and its #6 bake oven

at such a level as to emit not more than 11.725 lbs per hour of

photochemically reactive organic solvent vapors from each. This

Variance, which extends through December 31, 1974, is subject to the

following conditions:

1. Commencing 30 days after the date of this final Order,

Petitioner shall submit bi--monthly reports to the EPA detailing all

progress made toward 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

2. Petitioner shall utilize as much exempt solvent formulations

as can be furnished by its suppliers.

3. Petitioner shall switch to an exempt paint formulation by

May 17, 1974.

4. Within one hundred and eighty days of the adoption of this

Order, Petitioner shall submit a revised compliance plan to the EPA.

This plan shall achieve compliance under one of the following methods:

a. Achieve compliance at the expiration of the Variance by

replacement of photochemically reactive solvents with

non-reactive solvents demonstrated to be readily available; or

b Achieve compliance at the expiration of the Variance by

qualification under the Alternative Standard of Rule 205(f)

(1); or

c. Achieve compliance by May 30, 1975, under the provisions of

Rule 205 (f) (2) (D)

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control Board,

hereby certify that the above Opinion and Order was adopted on the

___~dayof 

~.~_L__,

1974, by a vote of 

to ~

H

Christan L.

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168