ILLINOIS POLLUTION CONTROL BOARD
May 16, 1985
AMERICAN CAN COMPANYS~
Petitioner,
)
v.
)
PCB 84—157
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent,
~4R.~KEVING. McANANEY, DEWEY, BALLANTINE, BUSHBY, PALMER & WOOD,
APPEARED ON BEHALF OF PETITIONER.
t~1R.
JOSEPH R. PODLEWSKI,
JR.,
ATTORNEY, APPEARED ON BEHALF OF
RESPONDENT.
OPINION AND ORDER OF THE BOARD (by
.3.
Theodore Meyer):
This matter comes before the Board on an October 29, 1984
petition of the American Can Company (American) requesting
extension of a previous variance granted by the Board in PCB 80—
169 (December 4, 1980) which expired on December 31, 1984.
American seeks extension of its variance to December 31, 1985
from the volatile organic matter limitations (hereinafter
referred to as “volatile organic compounds” or “VOC”) of Rules
104(c), 205(m) and 205(n) of Chapter 2: Air Pollution Control
Regulations (now recodified at 35 Ill. Adm. Code 201.243, 215.202
Appendix C, and 215.204 respectively). The Illinois
Environmental P~otect.lonAgency (Agency) filed its recommendation
on January
17,
1985, that the extension be granted subject to
conditions, pursuant to leave to file the recommendation
instanter granted by Board order on January 24, 1985. Notice was
given and hearing was held on March 20, 1985, as required by
Federal regulations. 40 C.F,R, 51.4 and 51.6 (1984). No members
of the public attended the hearing. American requested that the
record, opinion and order from the proceeding in PCB 80—169 be
incorporated into this extension petition.
American manufactures cans for a wide variety of end uses at
a 1,875,000 square foot plant located at 6017 South Western
Avenue in Chicago, Illinois (hereinafter the ~Eng1ewood
plant”). The plant operates twenty—four hours a day for five
days a week and employs approximately 900 individuals (Pet. at
7).
The can
manufacturing process
involves the application of
interior and exterior sheet. base coats, overvarnishes, sideseam
spray coatings and end—sealing compounds which all contain VOC.
Most of the VOC evaporates during the drying process although a
small portion evaporates during application and conveyance to the
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dryers and ovens. The VOC emissions are ultimately exhausted
through stacks to the atmosphere.
American’s 1980 to 1984 VOC emission data, as submitted by
the Agency including a 1985 VOC emission estimate, is summarized
below:
*
Year
Actual
Allowable
Excess
lb VOC/yr
~
Tons VOC/yr
1980
951,906
582,379
369,527 184.7
1981
788,467
43,852
244.615 122.3
1982
650,039
492,590
157,449
78.7
1983
1,057,294
548,671
508,623 254.3
1984
679,078
597,158
81,920
40.96
1985
548,087
597,792
~49,705 —24.8
Pursuant to Section 215.202 Appendix C (formerly Rule
205(j)), American was to bring its coat.inq operations into
compliance with the VOC emission limitation of Section 215.204(b)
by December 31, 1982. Upon determining that: it would be unable
to comply by that date, American applied in the original
proceeding for a variance until December 31, 1985. However, the
Board granted variance only to December 31~1984 agreeing with
the Agency that no reason was presented as to why American could
not attain compliance by the close of 1984 (Op. at 4), Unable to
meet the 1984 compliance deadline, American now requests an
extension to December 31, 1985,**
During the period of the original variance, American
employed several strategies to reduce VOC emissions, including
use of high—solid coatings, fume burners and catalytic
incinerators. Using these methods, American was able to reduce
VOC emissions from 184.70 tons/year over the allowable to 40.96
tons/year over the allowable during the period from 1980 to
1984. (See Attachments A, B, and C of Affidadvit of
Robert A. Gere). Despite this achievement, American was unable
to come into full compliance due to “slower than expected
development of low solvent and other compliant materials”, lack
of sucess of its ultraviolet curing process for overvarnishes and
insufficient available internal emission offsets (Pet. at 12, 16,
17). The Agency notes that arguably American could have replaced
the fume burners now in use on all but five coating lines with
catalytic incinerators to achieve compliance (Rec, at par. 10).
*The Board wishes to emphasize that the applicable emission
limitations in Section 215,204(b) are expressed in kg/l or lb/gal
limits on VOC in coatint, materials.
**American also requests that its
existing
operating permit
be
extenãed to December 31, 1985 (Pet. at 7). The initial decision
to either grant or deny this; relief is the ~gency’s prerogative
Sut)jeCt
to applicable law and regulation.
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incinerators would be approximately $1.6 million (Pet. at 27).
Petitioner contends that because it expects the Englewood plant
to achieve compliance shortly that installation of costly control
equipment to control emissions for less than one year would
constitute an arbitrary and unreasonable hardship (Pet. at 6).
Instead, American proposes to continue introduction of low
solvent materials into its production processes. A new
overvarnish is
es~cted
to be fully implemented during 1985
resulting in an f.n”ease of compliant varnishes in relation to
all varnishes fr: less than one percent in 1984 to 71 percent in
1985. American
;.: ..
continues t~develcp a high solids white
coating and to ii nduce compliant sideseam sprays as they become
available (Pet. a .8—19). In addition, control equipment now
installed will cosv.inue to be used to maximize its
effectiveness. One of the coating lines now equipped with a
catalytic incinerator will be retrofitted with additional
equipment costing $65,000 to help ensure that all high solvent
material applications are run on incinerated tines (Pet. at
19). American also intends to use an internal offset pursuant to
35 Ill. Adm. Code 215.207 to demonstrate compliance. It
estimates that changes in the varnish and end—sealing compound
operations will provide an offset of 59 tons
VOC
sufficient to
cover 34 tons excess
VOC
emissions due to sideseam spray and
coating operations (Affidavit of Robert Gere, par. 23, at 9).
Finally, American states that if it appears by November 30,
1985 that these measures will not result in compliance by the
year’s end, it will immediately begin installation of additional
catalytic incinerators so that full compliance will be achieved.
The
Agency, however, recommends that øecause installation of this
equipment will require receipt of construction and operating
permits that this assessment should be made no later than
September 1, 1985.
The Englewood plant is located in Cook County which is a
non—attainment area for ozone, a criteria pollutant for which
there are both identical State and Federal primary and secondary
ambient air quality standards (0.12 ppm (235 ug/m3)). The Agency
states
that
the closest ozone monitor is located at 84th Street
and Redvale in Chicago, 3.85 miles from the plant (Rec. at par.
14). In 1983 this monitor recorded four days with an ozone level
higher than 0.12 ppm. flowever, as noted by the Board in the
previous variance proceeding, American’s contribution to these
exceedances, in light of the concentration of industry, commerce
and motor vehicles in the area, is difficult to determine (Op. at
4). The Agency notes, however, that the 1983 exceedances did
occur during the same year that American had its highest
VOC
emissions in four years.
The potential health problem associated with the emission of
VOC
is the creatLon of ozone. As noted by the Board in the
previous opinion, Ingh ozone levels can have adverse health
effects, especiaLt:. upon the elderly and people with respiratory
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and cardiac problems (Op. at 2). Ozone can accumulate to
unacceptable levels during the summer months, However, in the
previous proceeding, as in this, the Agency has stated that
granting the variance should not cause any adverse effects since
American’s total VOC emissions should be continually decreasing
from their present level, American also notes that there are
existing procedures, namely ozone episode p1ans~. to control or
eliminate serious ozone threats to the public health during the
critical months (Pet, at 21),
The Board finds that granting this variance will have a
minimal environmental impact due to it~short term nature and the
relatively small amount of VOC to be discharged. The Board also
finds that to require American to immediately comply by
installing catalytic incinerators at a cost of $1.6 million
constitutes an arbitrary and unreasonable hardship. American is
is diligently pursuing compliance thtough the use of low
solvent
technology arid maximal use of its existing control technology.
It has further committed itself to comply
by
installing
incinerators should these strategies be unsuccessful.
However,
the Board agrees with the Agency that the determination of
whether the incinerators should be utilized should be made before
November 30, 1985 and that October 1, 1985 is a reasonable date.
Because Sections 201.243, 215.202 Apperid:Lx C and 215.204(b)
were approved by USEPA as part of
the State
Implementation Plan
(SIP), grant of this variance will necessitate a SIP revision.
The Agency has opined that grant of this
variance,
consistent as
it is with their recommendation, should be approvable as a SIP
revision.
Accordingly, variance is granted from 35 Ill. Adm.
Code 201.243, 215.202 Appendix C and
215.204(b) until
December 31, 1985, subject to
conditions.
This Opinion constitutes the Board~s findings of fact and
conclusions of law in
this
matter.
ORDER
American Can Company is hereby
granted
a variance from 35
Iii. Mm. Code 201,243, 215.202
Appendix C and
215.204(b) until
December 31, 1985 subject
to
the following conditions:
1. American shall continue
to
submit quarterly written
reports to the Agency until December
31,
1985,
detailing all progress made
in
achieving compliance
with the VOC emission limitation
of 35
Ill. Mm. Code
215.204(b) at the Englewood
plant.
Such reports shall
contain monthly information on the quantity and solvent
content of all coatings, overvarn~hes and sideseam
sprays utilized during the
reporting
period which
reflects the impact of reformuiated materials on VOC
emissions.
These reports shalt also describe in detail
the progress made by
American
to develop compliant
coating materials during the preceôing three months, as
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well as the projected progress
to be made in achieving
compiance during the following quarter.
The first
quarterly report of 1985 shall include copies of
material data sheets showing the composition (in terms
of percentages of solid, solvent and water) of all
coatings which will be applied at the plant.
All of
the above information shall be submitted to the Agency
at the following addresses:
Manager, Permit Section
Division of Air Pollution Control
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois 62706
Manager, Field Operations Sections
Division of Air Pollution Control
Illinois Environmental Protection Agency
1701 South First Avenue
Suite 600
Maywood, Illinois
60153
2.. On or before October 1, 198SF American shall submit
to the Agency at the addresses provided in Condition 1
above a program to install appropriate control
technology which will bring the Englewood plant into
compliance with the applicable VOC emission limitation
if it does not reasonably expect
to
achieve compliance
with that emission limitation by December 31, 1985
through utilization
of low solvent coatings, present
control equipment and allowable internal offsets,
The
alternate compliance program
shall
provide for final
compliance with the applicable VOC emission limitations
by December 31, 1985.
3. Within forty—five (45) days after the date of this
Order the Petitioner shall execute and send to:
Mr. Joseph R. Podlewski, Jr.
Enforcement Attorney
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois 62706
a certification
of acceptance of this variance by which
it agrees to be bound by its terms and conditions. This
forty—five (45) day period shall be held in abeyance
for any period which this matter is appealed.
The form
of the certification shall he as follows:
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CERTIFICATION
American
Can Co. hereby accepts
and
agrees to be bound by all
terms and conditions
of the Order of
the Pollution Control Board
in PCB 84—157,
May l6.~ 1985,
A~4ERIChN CAN CO.
By ________________________
As Authorized Agent
Title
Date
IT IS SO ORDERED.
Board Member Bill Forcade dissents.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution
Control
Board, hereby certifyjhat the above Opinion and Order was
adopted on the /~~I.-’day of
27)16_k
,
1985, by a
vote of -3~—/
.
I
/
~
‘--~-~--A.~Y’7.
Dorothy M. G’unn, Clerk
Illinois Pollution Control Board
64-68