ILLINOIS POLLUTION CONTROL BOARD
    March 15, 1979
    PPG INDUSTRIES,
    INC.,
    Petitioner,
    v.
    )
    PCB 78—210
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent,
    OPINION AND ORDER OF
    TEE
    BOARD
    (by Mr. Werner):
    This matter comes before the Board upon a Variance Petition
    filed by PPG Industries,
    Inc.
    (‘~PPG”)
    on August
    7,
    1978 requesting
    relief from Rule 203(a)
    of Chapter
    2:
    Air Pollution Control
    Regulations pertaining to the proposed conversion of the
    Petitioner’s
    sheet glass
    plant in Mt.
    Zion, Illinois to a float
    glass manufacturing facility.
    The Illinois Environmental
    Protection Agency
    (“Agency’t) filed its initial Recommendation on
    September
    27,
    1978.
    After numerous preliminary motions were filed,
    hearings were held on December
    5 and 6, 1978 on this matter.
    Subsequent to these hearings, the Petitioner’s Motion to Reopen
    the Hearing and Supplement the Record
    (in order to introduce
    additional evidence concerning the effect of its emissions on
    ambient air quality standards; air quality modeling;
    and technical
    data on the flow of gases from various components to the stack
    outlet) was granted on February 15, 1979.
    On March
    6,
    1979, the
    Petitioner filed a Motion to Amend its Variance Petition which
    included a proposed compliance schedule that reflected an agreement
    resulting from discussions among representatives of PPG and the
    Agency.
    The Agency has indicated that it has no objection to
    Petitioner’s motion,
    Accordingly,
    the Board hereby grants the
    Petitioner’s Motion to Amend its Variance Petition.
    On March
    9,
    1979, the Hearing Officer granted the Petitioner’s Motion to
    Incorporate the Record of R78-l2
    (the related PPG proposed
    rule—change proceeding)
    into the record of the Variance proceeding
    PCB 78-210
    (including all the requisite evidence, testimony,
    exhibits,
    etc.)
    ,*
    Concomitantly, on March
    9,
    1979,
    the Hearing
    Officer granted the Petitioner’s Motion to Vacate the Supplementary
    Hearing that originally had been set for a later date.
    Additionally,
    *On March 7,
    1979, the Petitioner filed a Motion to Stay Proceedings
    in R78-12 which was granted by the Board on March 15,
    1979.
    33-109

    —2—
    on March 9,
    1979,
    the Petitioner filed an Application for
    Nondisclosure of confidential trade secret information pertaining
    to various technical data and secret processes connected with the
    float glass melting furnace.
    Pursuant to Section 7.1 of the Act
    and Rule 107 of the Board’s Procedural Rules, the Petitioner’s
    Application for Nondisclosure is hereby granted.
    The Agency filed
    an Amended Variance Recommendation on March 13,
    1979 which reflects
    an amicable resolution of previously existing differences between
    the parties.
    PPG Industries,
    Inc. owns and operates a sheet glass plant at
    Mt.
    Zion,
    Illinois,
    The plant employs approximately 455 people
    from the Decatur area.
    The existing plant has been in operation
    since 1959.
    In 1977, the Mt.
    Zion plant contributed more than
    $11.3 million to the economy of Central Illinois with a payroll of
    $7.3 million representing the largest share of that economic
    contribution.
    Purchases from 165 area suppliers total $650,000
    while utility and transportation expenses amounted to $3.2 million.
    The plant was also responsible for $248,000 in state and local
    tax payments.
    In 1978, PPG Industries’
    plant contributed over
    $12,100,000 to the economy of Illinois.
    (R.
    41).
    The Company’s plant
    is located in Mt. Zion Township, Macon
    County, about
    1 mile southeast of the Decatur city limits and
    1 mile
    west of the Mt.
    Zion city limits.
    Decatur Township is designated
    an Air Quality Maintenance Area and a non—attainment area for
    particulates.
    Four stations in Decatur Township have recorded
    violations of the annual primary or secondary standards
    for
    particulates.
    Most of the land located near the facility is used
    for farming.
    There are a few homes scattered within a 1/2 mile
    radius from the plant and a school
    is
    located 1/2 mile to the east.
    The elevation of the plant
    is approximately 700 feet with no
    unusual terrain features.
    The Petitioner is the largest emission
    source in Mt.
    Zion Township.
    The township of Mt.
    Zion
    is currently
    classified as an attainment area for total suspended particulates
    and the air quality is better than national standards.
    PPG Industries,
    Inc. tentatively plans to replace the existing
    sheet glass plant with a new float glass plant which will consist
    of four main processes:
    batching the raw material, melting the
    raw material, refining the molten glass and finishing the formed
    products.
    The major raw materials include cullet
    (scrap glass),
    sand, soda ash, and limestone.
    Minor ingredients include salt
    cake, aluminum oxide,
    barium oxide, boron oxide and carbon.
    Minor
    ingredients may exist as impurities within the major types.
    In
    1963,
    PPG introduced the float glass manufacturing process to the
    United States.
    This technique is based on a new glass forming
    concept in which the molten glass floats on a bath of molten tin
    and
    remains
    untouched until hard.
    This enables the glass
    to be
    33—110

    —3--
    economically produced to the high optical quality of plate glass,
    without grinding and polishing combined with the fire-finished
    brilliance of sheet glass.
    Aside from the new glass—forming
    technique, other aspects of manufacturing the glass are essentially
    the same in the sheet glass and float glass processes.
    The raw
    material collection and melting processes, which occur before the
    forming process, are the same for both the float and sheet glass
    operations.
    Accordingly, the major difference between the two
    facilities will be
    in refining the molten glass and finishing the
    formed products.
    The new float glass process has allowed the Company to
    manufacture
    a higher quality of float glass;
    and, because of this,
    sheet glass has lost acceptability in the marketplace, resulting
    in decreased demand for sheet glass.
    Recognizing this fact, PPG
    Industries,
    Inc.
    is contemplating the conversion of the Mt.
    Zion
    plant from the sheet to
    the float
    process at a capital cost of
    approximately $60,000,000
    .
    However,
    in the event that such
    conversion is not made, the Mt.
    Zion plant
    (which is the Company’s
    last remaining North American sheet glass plant) will be shut down
    because of the decreased demand for sheet glass.
    Such a shut—down
    would have
    a severe impact on the economy of Central Illinois,
    resulting in the loss of about 455 local jobs and the loss of over
    $12,100,000 per year that the plant contributed to the Illinois
    economy.
    The production rate for the proposed float plant is estimated
    at 650 tons per day compared to 370 tons per day for the existing
    plant.
    Each facility would operate continuously 365 days a year,
    24 hours a day.
    The existing facility complies with the allowable
    particulate emission rate under Rule 203(b) of Chapter
    2:
    Air
    Pollution Control Regulations relating to existing plants.
    The
    proposed float glass plant would comply with Rule 203(b)
    of the
    Board’s Air Pollution Control Regulations, but is unable to meet the
    more strict requirements of Rule 203(a)
    of Chapter
    2:
    Air Pollution
    Control Regulations relating to new facilities.
    At the hearings
    on the Petitioner’s requested Variance from the requirements of
    Rule 203(a)
    of the Board’s Air Pollution Control Regulations,
    evidence was introduced to show that conventional add-on control
    devices used to reduce particulate emissions are unproven in the
    flat glass industry for technical reasons associated with product
    quality.
    Other industries have been able to utilize such devices
    because quality of product has not been such a critical factor.
    PPG Industries,
    Inc.
    is currently engaged in ongoing research and
    development programs which have resulted in substantial reductions
    in particulate emissions and fuel conservation.
    PPG Industries
    introduced evidence that, based upon the air quality modeling
    which was performed, the net effect on the ambient air quality in
    the Mt.
    Zion-Decatur area due to this conversion from sheet to
    float glass will be negligible.
    33—111

    —4—
    After a number of meetings between Agency and Company
    representatives to discuss and seek resolution of contested issues
    and to develop a compliance program and schedule acceptable to both
    parties, the Agency filed an Amended Variance Recommendation on
    March 13,
    1979 which outlines this agreed upon compliance program
    and incorporates a number of specific conditions to aid in the
    proper administration of this compliance program.
    The Amended
    Variance Recommendation recommends that the Board grant the
    Petitioner a Variance from Rule 203(a) of Chapter
    2:
    Air
    Pollution Control Regulations (“Rule 203(a)”)
    for a period of
    5 years beginning as of the date of start-up, rather than the date
    of the entry of the Order.
    Such a time period is consistent with
    Section 36 of the Act,
    since the statutory language does not
    prohibit the Board from granting a Variance for a period of time
    which has an effective date starting at a designated time in the
    future.
    Moreover,
    a Variance from Rule 203(a)
    should not cover
    the period of time before start-up because, for that period of
    time, there
    is no need for a Variance because there are no
    non—complying emissions.
    The need for a Variance from Rule 203(a)
    effective as of the date of start-up is not speculative.
    PPG
    Industries,
    Inc.
    has shown a corporate commitment to the Mt. Zion
    location and, without some pollution control device or technique,
    it will begin operation with an emission rate that exceeds the
    limitation contained in Rule 203(a),
    (See: Amended Rec.
    5).
    Throughout the Variance proceeding, the Agency and Petitioner
    have vigorously litigated the issues of whether the use of an
    add—on pollution control device,
    such as an electrostatic precipitator
    (ESP), will achieve compliance with Rule 203(a), whether an ESP will
    adversely impact the quality of the glass produced, and whether the
    ESP may adversely affect the glass melting furnace.
    These issues
    remain unresolved between the parties at this time.
    Nonetheless,
    the parties have sought and found a common ground for agreement
    which will provide for a lowering of emissions and an improvement
    in air quality from what PPG originally proposed, but yet would not
    require PPG to install
    a pollution control device which it believes
    threatens its ability to manufacture flat glass at the Mt. Zion
    plant.
    In its Amended Recommendation, the Agency stated that it
    believes that PPG should be given the opportunity to determine
    whether it can successfully reduce particulate emissions by the use
    of process modifications.
    (Amended Rec.
    3).
    The Agency notes that
    the Company has “evidenced a corporate willingness” to achieve
    compliance under this program.
    (Amended Rec.
    4).
    Additionally,
    allowing the Petitioner to follow a course of compliance through
    process modifications may have an additional environmental benefit
    in that this expertise can be utilized at other PPG plants to reduce
    particulate emissions.
    On the other hand, requiring an add—on
    control device at this time would necessitate a change from a tried,
    proven, reliable and efficient combustion system to one that has
    never been successfully used to produce high quality float glass.
    Thus,
    it appears that process modifications are currently the “most
    reasonable,
    economic and feasible means of reducing emissions from
    the float glass melting process.”
    (R,
    67).
    33—112

    —5—
    Moreover,
    the specific conditions attached to the Agency’s
    Amended Recommendation are designed to carefully circumscribe the
    limits of the proposed compliance program.
    Condition L requires
    a regular reporting on a semiannual basis as to progress in
    reducing emissions.
    Conditions
    E, G and
    I require interim
    reductions on a scheduled basis.
    Conditions F,
    H and J require
    PPG to certify whether it will be successful
    in achieving the
    emission reductions;
    if PPG cannot
    so certify, then under
    Condition K it must come forward with a suitable alternative
    compliance program involving an add—on control device,
    such as an
    ESP.
    Finally, Condition B requires PPG to design and build its
    proposed float glass plant
    in such a way that an electrostatic
    precipitator or other add—on emission control device can be
    installed without the retrofit costs that would otherwise be
    necessary,
    (See: Amended Rec.
    7—8).
    Accordingly,
    in light of the negligible environmental impact
    on ambient air quality standards,
    technological considerations, and
    the countervailing costs of compliance, the Board finds that
    denial of the requested relief would impose an arbitrary and
    unreasonable hardship upon the Petitioner.
    The Petitioner, PPG
    Industries,
    Inc.,
    is hereby granted a Variance from Rule 203(a)
    of
    Chapter
    2:
    Air Pollution Control Regulations for a period of
    5 years with the Variance beginning as of the date of
    start-up of
    the Mt.
    Zion float glass plant, subject to the specific conditions
    delineated in the Board’s Order.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    It is the Order of the Illinois Pollution Control Board that
    PPG Industries,
    Inc.
    is hereby granted a Variance from Rule 203(a)
    of Chapter
    2:
    Air Pollution Control Regulations for a period of
    5 years with the Variance beginning as of the date of
    start-up of
    the Mt.
    Zion,
    Illinois float glass plant,
    subject to the following
    conditions:
    1.
    PPG submits an application for a Construction Permit by
    June 1,
    1979 for its proposed Mt.
    Zion,
    Illinois float glass plant.
    2.
    Such construction application should show,
    in case
    compliance cannot be achieved by process modifications, where an
    electrostatic precipitation device
    (ESP)
    or other add-on control
    equipment will be located at the plant and what modifications to
    the operation of the plant will be necessary to allow installation
    and operation of the control equipment.
    33—113

    —6—
    3.
    After start—up, particulate emissions from the proposed
    plant shall not exceed 40 lbs./hr.
    4.
    Within 18 months after start-up, PPG shall certify to the
    Board and the Agency whether, by 30 months after start-up,
    particulate emissions will be reduced by process modifications
    so
    that such emissions do not exceed
    30 lbs./hr.
    5.
    After
    30 months after start—up, particulate emissions from
    the proposed plant shall not exceed 30 lbs./hr.
    6.
    36 months after start-up, Petitioner shall certify to the
    Board and the Agency whether, by 48 months after start-up,
    particulate emissions will be reduced by process modifications so
    that such emissions do not exceed 25
    lbs./hr.
    7.
    After
    48 months after start—up, particulate emissions from
    the proposed plant shall not exceed 25 lbs./hr.
    8.
    48 months after start-up, Petitioner shall certify to the
    Agency and the Board whether, by 60 months after start—up,
    particulate emissions from the proposed plant will be in compliance
    with the requirements of Rule 203(a).
    9.
    If at 18,
    36 or 48 months after start—up, Petitioner cannot
    certify that the next increment of particulate emission reductions
    will be met in a timely manner Petitioner shall, at that time,
    submit to the Board and the Agency a plan and a schedule, not
    longer than 12 months,
    for the installation and commencement of
    operatipn of an ESP or other add—on control device which is
    designed to achieve compliance with Rule 203(a).
    10.
    Beginning 6 months after start—up and continuing on a
    semi-annual basis until final compliance with Rule 203(a)
    is
    achieved, PPG shall submit to the Agency a report detailing the
    progress made in the previous six months towards reducing
    particulate emissions.
    11.
    In the event that PPG has not commenced construction
    (as
    that term is defined under 40 CFR Section 60.2)
    prior to
    promulgation of a New Source Performance Standard (“NSPS”) under
    Section 111 of the Clean Air Act that is applicable to float glass
    plants, this Variance may cease to be effective because PPG would
    be subject to the more strenuous requirement of Section 111 and the
    pass-through provision of Section 9.1 of the Illinois Environmental
    Protection Act.
    However,
    the Variance will remain in effect if
    enforcement of the NSPS is stayed in any federal judicial action
    seeking review of the NSPS,
    33—114

    —7
    12.
    PPG Industries,
    Inc.
    is hereby notified that,
    in the
    event that PPG fails to comply with the terms of this Variance,
    PPG may be required to pay a non—compliance penalty pursuant to
    Section 120 of the Clean Air Act of 1977.
    13.
    The Agency will submit to the United States Environmental
    Protection Agency (USEPA), pursuant to Section
    4 (m)
    of the Illinois
    Environmental Protection Act, the Variance granted by the Board in
    this case
    (which extends the time for final compliance beyond
    July 1,
    1979)
    as a revision to the Illinois State Implementation
    Plan
    (“SIP”)
    under Section 110(a) (3) of the Clean Air Act.
    The
    Agency will include this Variance with the SIP revisions which must
    be presented to USEPA under the requirements of the 1977 Clean Air
    Act Amendments.
    14.
    Within forty-five
    (45) days of the date of this Order, the
    Petitioner shall submit to the Manager, Variance Section, Division
    of Air Pollution Control, Illinois Environmental Protection
    Agency,
    2200 Churchill Road,
    Springfield, Illinois, 62706,
    an
    executed Certification of Acceptance and Agreement to be bound to
    all terms and conditions of the Variance.
    The forty-five day period
    herein shall be suspended during judicial review of this Variance
    pursuant to Section 41 of the Illinois Environmental Protection Act.
    The form of said certification shall be as follows:
    CERTIFICATION
    I,
    (We), _____________________________ having read the
    Order of the Illinois Pollution Control Board in PCB 78-210,
    understand and accept said Order, realizing that such acceptance
    renders all terms and conditions thereto binding and enforceable.
    SIGNED
    TITLE
    DATE
    IT IS SO ORDERED.
    33—115

    —8—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, here~ycertify the above
    pinion and Order were
    adopted on the
    ________
    day of
    /)-~
    ,
    1979 by a
    vote of
    ________
    Illinois Pollut
    trol Board
    33—116

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