It1LI~’1OIS POLLUTION CONTROL BOARD

February 25, 1988

CELLU-CRAFT (PALATINE), INC.,

Petitioner,

)

PCB 87—188

ILLINOIS ENVIRONMENTAL

PROP~CTION AGENCY,

Respondent.

MR. GUY 

CROT~U ~PPEkRED ON BEHALF OF PETIPIONER;

MR. JOSEPH R. PODLE~SKI, JR., APPEARED ON BEHALF OF RESPONDENT.

OPINION kNO ORDER OF T~iEBOPJ~D (by R. C. Flemal):

This matter comes before the Board upon a Petition for

Variance filed November 30, l99B by Cellu—Craft (Palatine), Inc.

(“Cellu—Craft”). Cellu—Craft requests variance until April 15,

1988 Erom the requirements of 35 Ill. 

Adin.

Code 215, Subpart P,

for flexographic printing operations in ozone non—attainment

areas.

On January 19, 1983 the IlUnoi~ Environmental Protection

(“Agency”) filed a recommendation that the requested relief be

granted, subject to conditions. Hearing was heli January 23,

1988 in Chicago.

B AC KG RD UN 

Cellu-Craft ooerates a flexographic printing and laminating

facility located at 250 South Hicks Road, Palatine, Cook County,

Illinois, where it oroduces oackaging material, mainly for the

food industry. During the production of the packaging materials

volatile organic materials (“VOM”) are released to the

atmosphere. The aggregate uncontrolled emissions of VOM at the

Palatine facility exceed 100 tons per year.

Prior to November 9, 1987 Cellu—Craft was exempt from the

requirements of Suboart P oursuant to the 1000 ton per year

aggregate uncontrolled emissions exemption then found at

215.402. However, in response to prooosed U.S. Environmental

Protection Agency disapproval of 215.402, the Board on October

19, 1987 amended Suboart P to, inter alia, lower the exemption

applicable to Cellu—Craft and similarly located facilities to 100

tons per year. The amendments, which became effective November

9, 1987, further require compliance with the emissions

limitations of Suboart P by December 31, 1987. Because it was

86—387

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unable to achieve compliance within the available timeframe,

Cellu—Craft has requested the instant relief.

COMPLIANCE PROGRAM

Nothwithstanding the recentness of the applicability of

Subpart P regulations to Cellu—Craft and nothwithstanding its

prior compliant status, Cellu—Craft has been investigating

various methods of reducing emissions for several years,

including substitution of inks (Agency Rec. at 4). Additionally,

as early as October 1996 Cel1u—Cra~t comDlnte-1 an engineering

study prepartory to addition of add—on controls and in January,

1987 preoared specifications for adding a catelytic

afterburner. However, during a mid—1987 retrofit of its

emissions recirculation system, consistent with the installation

of a catalytic afterburner system, certain problems were

identified with the earlier specified afterburner. A oarticular

problem was deactivation of the precious metal catalyst due to

chlorine in the airstream (R. at 18). Accordingly, Cellu—Craft

decided to purchase a combination catalytic/thermal oxidizer,

which was done in November 1987; the Agency has issued the

appropriate construction permit (R. at 8). Cellu—Craft

anticipates that installation of the oxidizer will take place in

March 1988, and that the oxidizer will be operational after April

15, 1983.

The Agency believes that the add—on equioment which Cellu—

Craft intends to install will readily meet the required reduction

in VOM emissions (Agency Rec. at 7).

HARDSHIP AND ENVIRONMENTAL IMPACT

In addressing the matter of hardship, the Agency notes:

The Agency believes that compliance with tie VO!4

emission limitation of Section 215.401 by December 31,

1987 will create an unreasona~le hardshio for Cellu—

Craft. Although it began its VOM reduction efforts

long before Section 215.245 became effective,

unforeseen events beyond Cellu—Craft’s control

caused Cellu—Craft’s compliance date to be delayed by

3 1/2 months. Because Cellu-Craft cannot

realistically install and operate VOM cntrol

equipment by December 31, 1987, its only compliance

alternative is to shut down itg printing operations.

Since more than 99 of all products manufactured at

the plant are printed, it is likely that a shut down

of the flexographic presses would cause a shut down of

the entire plant and a temporary loss of 65 lobs with

an annual payroll of about $1.82 million. (Agency

Rec. at 9)

86—388

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Although Cellu—Craft’s facility is located in an ozone non—

attainment area, Cellu—Craft should have its add—on control

equipment in operation at the onset of the 1988 ozone season.

Thus, any impact of excess emissions during the term of the

requested variance should be mitigated.

CONC.LUS TON

Based on the record before it, the Board finds that, absent

the requested relief, Cellu—Craft would incur an arbitrary or

unreasonable hardship not justified by the environmental

impact. For these reasons the Board will grant the requested

relief, subject to conditions.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDBR

Cellu—Craft, Inc., is hereby granted variance for its

Palatine, Illinois, facility from the requirements of 35 Iii.

Mm. Code 215 for flexographic printing operations in ozone non—

attainment areas subject to the following conditions:

1)  Variance shall begin January 1, 1988 and extend through

April 15, 1988.

2)  During the term of this variance Cellu—Craft shall

submit monthly written reports to the Agency detailing

all progress made in achieving compliance with 3s Ill.

Adm. Code 215, Subpart P, at its plant located at 250

South Hicks Road, Palatine, Illinois. The first monthly

report will be due thirty (30) days from the date of the

Board order granting the variance. These monthly

reports shall include monthly VOM emission data from

each printing press. Thn first monthly renort shall

also include copies of material data sheets showing the

composition (in terms of percentage of solid, solvent

and water) of all inks and coatings used during the

flexographic printing processes. All of the above

information shall be submitted to the Agency at the

following address:

1.  Manager, Permit Section

Division of Air Pollution Control

Illinois Environmental Protection Agency

1340 N. Ninth Street

Springfield, Illinois 62702

86—389

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2.  Manager, Field Operations Section

Division of Air Pollution Control

Illinois Environmental Protection Agency

1701 S. First Avenue

Suite 600

Maywood, Illinois 60133

2.  Petitioner shall abide by all conditions of Permit Nos.

73040047 and 86110047, issued December 23, 198S.

Within 45 days of the date of this Order, Petitioner shall

execute and forward to Mr. Joseph R. Podlewski, Jr., Enforcement

Attorney, Illinois Environmental Protection Agency, 1701 S. First

Avenue, Suite 600, Mayiood, Illinois 60153, a Certification of

Acceptance and Agreement to be bound to all terms and conditions

of this variance. The 45—day period shall, be held in abeyance

during any period that this matter is being appealed. Failure to

execute and forward the Certificate within 45 days rnn3ers this

variance void and of no force and effect as a shield against

enforcement of rules from which variance was granted. The form

of said Certification shall be as follows:

CE~TIFICATIO~’I

I (We),                       

hereby

accept and agree to be bound by all terms and conditions of the

Order of the Pollution Control Boar-I in PCB 87—187, dated

February 25, 1988.

Petitioner

Authorized Agent

Title

Date

Section 41 of the Environmental Protection Act, Ill. Rev.

Stat. 1985 ch. 1111/2 par. 1041, provides for appeal of final

Orders of the Board within 35 days. The Rules of the Suoreme

Court of Illinois establish filing requirements.

86—390

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IT IS SO ORDERED.

I, Dorothy M. Gurin, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Opinion and Order was

adopted on the  

~‘5~

day of 

1938, by a

vote of 

7~) .

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~LL#//  

~-i

Dorothy M. dunn, Clerk

Illinois Pollution Control Boar~

86—391