ILLINOIS POLLUTION CONTROL BOARD
January 24,
1985
AMERICAN CAN CCMPANY,
)
(HOOPESTON PLANT)
Petitioner,
PCB 84—106
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by J. Marlin):
On July 27,
1984, American Can Company (American)
filed
a
petition for
Variance extension
from
35
Iii. Mm.
Code 201~243, 215.204(b)
and 215
Appendix C old
Rules
103(c),
205
(m)
(1)
(B), and 205(n)(l)(B)
of Chapter 2,
volatile organic material
(VOM).
On October
5,
1984,
the
Illinois Environmental Protection Agency (Agency) moved to file
its recommendation instanter which the Boar~granted on October
12,
L984~
Hearing was held inHoopeston, Illinois on December
12,
:L984.
American has waived the decision date until January 25,
1985.
The former VOM variance in PCB 80-213,
granted for three
y ars, expLed
on October
1, 1984
(40 PCB
433,
February
5,
1981).
American1s Hoopeston plant is located on commercially
zoned
nn~~y
at: 316—328 West Main Street,
Hoopeston,
Illinois,
and
•~y~
t55 people.
At
the
plant sheets of metal are coated and
sealing
compounds are applied to pre-formed ends.
These components
are then used to manufacture cans.
The processes include the
application of sideseam spray coating and end sealing compounds;
which contain VOM~s,
Approximately ninety percent of American’s
VOM emissions are generated
by end—sealing compounds
(Ag. Rec.
at 4).
After application the coating and compound materials are cured
in
dryers
and ovens which exhaust VOM through stacks into the
atmosphere
American is required to comply with 35
Iii. Adm. Code
215.204(b),
215.2O2~,and
35 Iii.
Adm,
Code Part
215, Appendix C,
which provide
that
on
December
31, 1982 the VOM content of the
coatings
utilized by American shall be limited as follows:
side seam spray coat
5.5 lb/gal
end sealing compound coat
3.7 lb/gal
Americans total side seam spray and end sealing compound coats
usage in 1983 was 67,563 gallons
(Pet.
at
9).
Total VOM
em-nissions have been reduced from 340 tons
in 1980 to 145 tons
in
1983
(Pet.
at
3).
Excess VOM emissions were 80.8 tons
in 1983
(Pet.
at
12).
62-399
Reductions in VOM emissions were accomplished by moving the
interior
and exterior base coating operations to Indiana,
installing
two
welded can lines ~t a cost of two million dollars, and reformulatinq
three
of
seven side seam sprays and one of five end sealing compounds
to lower VOM content
(Pet. at 4,5).
American cites a total cost of
over three million dollars for its efforts at compliance
(Pet.
at
5,
Gere Aff.,
par.13).
American has evaluated alternate control strategies such as
carbon
adsorptionand catalytic incineration.
The plant structure
would
need major structural changes
in
addition to extensive hooding
and duct work
(Pet. at 16).
Because the solvent-based materials
are air dried and the VOM concentrations low per unit of air,
carbon adsorption and catalytic incineration would not achieve
efficient economical VOM destruction
(Id.).
The only
other
compliance mechanism is to
offset
the VOM emissions from one process
with lower than allowable emissions from another process.
However,
there are no other prccesses
at
the Hoopeston plant which could
generate an offset
(Pet.
at
17),
During the term of the variance extension, American plans
to
gradually introduce a multi-purpose sanitary end sealing compound
and
correct two additional soldered can lines to welded technology
(Id..)
Low solvent materials will
be introduced into the lines
as
they
i~~ome
available.
American thus plans to have all VOM sources in th
plant,
other than the high fat resistant end sealing
compound,
in
corc~piiance.
American, as well as can manufacturers and suppliers,
conclude
that finding a low solvent replacement for this compound
I
a national problem and the solution will not be forthcoming in
ta
foreseeable future
(Pet.
at 20~Gere Aff,,
par. 20).
American
plans to
either develop a control technology for this compound or
t-~
‘d~aina revision in the VOM
limitations
for
these
~
(Gere Aff., par.
15).
American is located
in Vermillion County, Grant Township, an
attainment
area for ozone.
VOM~sare
precursors of ozone which can
have
adverse
health effects on
the elderly
and on persons with
respiratory
and cardiac
problems.
Acme Barrel
v.
IEPA, May 18,
198
PCB 83-118.
The
closest
ozone monitor located at
606 East Grove,
Champaign,
Illinois recorded
no excursions from the
0.l2ppm primary
and secondary national
ambient air quality standard for
ozon~in
1982
(Ag..
Rec. at
7).
American asserts
and
the Board finds
that the granting of
variance extension will result
in a
continued
reduction of VOM
emissions and thus
~ ~inima1 advetse environmental impact.
American asserts and the Board finds that to deny the varianc?
extension and mandate immediate compliance
would impose an
arbitrary or unreasonable hardship on American for the reasons
above,
fl\1~
3
The Board will grant
American a
variance extension
for
its Hoopeston plant from 35
Iii,
Adm.
Code 215 Appendix
C~
215.204(b)
(5) and
(6),
and Section
215.202 subject
to
the conditions
below.
This Opinion constitutes
the Board~s
findings of fact
and
conclusions of
law in this
matter.
ORDER
American Can Company (Hoopeston plant),
is granted
a
variance extension from 35
Ill. Mm.
Code 215 Appendix
C~
215.202,
and 215.204(b)
(5)
and
(6) subject to the conditions
below:
1.
This variance shall begin on October
1,
1984 and expire
on December 31,
1987.
2~
American shall continue to submit quarterly written
reports
to
the
Agency until December
31, 1987 detailing
all
progress made in achieving compliance with the
VOM
limitations of
35
Ill. Adm.
Code 215.204(b).
Such
reports shall contain information on the quantity
and
solvent content of all end-sealing compounds and solvent
sprays
utilized during the reporting period, as well as
a description of the efforts made to develop compliant
end—sealing compounds and sideseam sprays during the preceding
three
months.
The progress reports shall also describe
in detail the status of negotiations between CMI and the
USEPA
to revise the VOM
limitation for high fat
resistant end—sealing compounds.
All
such information
shall
be submitted to the
Agency at the
following addresses:
Illinois
Environmental ProtectiQn Agency
Division of Air
Pollution
Control
Field Operations
Section
2200 Churchill Road
Springfield,
Illinois
62706
Illinois Environmental Protection Agency
Division of Air
Pollution
Control
lISA West Main Street
Collinsville, Illinois
62234
3.
Prior to installation
of any welding
equipment
which
utilizes compliant sideseam
materials,
American shall time1~
apply
for,
and receive,
construct:ion permits from the Agency
pursuant to
35 Ill. Adm. Code
201.142.
4.
On
or before January
1,
1987,
Petitioner American
shall submit to the Agency at
the
addresses provided in
condition
2
above a program to
install
available contrpl
technology which will bring the Hoopeston plant into compliance
with the applicable rule
if
it does
not reasonably expect
to achieve final compliance with those
limitations
by December
31, 1987 through
its
reformulation program.
82~401
4
This alternate
compliance program shall provide for final
compliance with the applicable rule by
December
31,
1987
and shall provide for
the submittal
of quarterly written
reports detailing
progress made in
installing alternative
control technology.
American shall comply with all applicable
rules
of the Illinois Pollution Control Board,
including,
but not limited to 35
Iii..
Adm,
Code 201.142,
in
satisfying
this permit condition.
5.
Within forty-five
(45) days
of the
Board’s final Order
herein, the Petitioner shall execute and send to:
Mr. Joseph
R.
Podlewski,
Jr.
~nforcement 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
peniod shall be held in
abeyance for
any period which this
matter
is
appealed.
The form of
the certification shall be as follows:
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 84-106 dated
__________,
1984.
AMERICAN CAN CO.
BY:
_________________
~utflorizeU
Agent
-
Title
Date
IT IS SO
ORDERED
Board Member Bill S.
Forcade dissented,
I, Dorothy M. Gunn, Clerk of the
Illinois Pollution Control
Board, hereby certify that
the above
Opinion and Order
were ado/ted on the
~-
day ~
1985 by a vote
~,
~
Dorothy
M,/Gunn, clerk
Illinois Pollution
Control
Board
62-402