ILLINOIS POLLUTION CONTROL BOARD
    February
    6,
    1992
    IN THE MATTER OF:
    )
    R91—9
    PETITION OF DM1,
    INC. FOR
    )
    (Site-Specific
    SITE—SPECIFIC AIR REGULATIONS
    )
    Rulemaking)
    35 ILL. ADM. CODE 215.215
    )
    ADOPTED
    WJLE.
    FINAL ORDER.
    OPINION
    AND
    ORDER OF THE BOARD
    (by M.
    Nardulli):’
    On February 4,
    1991,
    DM1, Inc.
    (DM1),
    filed a proposal for a
    site-specific rulemaking pursuant to Section 27 of the Illinois
    Environmental Protection Act
    (Act)
    (Ill.. Rev.
    Stat.
    1989,
    ch.
    111
    1/2, par.
    1027).
    The proposal would amend 35
    Ill. Adm. Code 215
    by adding a new Section 215.215.
    The new Section would set an
    emission rate for volatile organic material
    (VOM)
    emissions from
    the paint deck operations of DMI’s Goodfield,
    Illinois plant.
    On March 28, 1991, the Board determined that pursuant to
    Section 27 of the Act, an Economic ImpactStudy was not necessary
    for the proposal.
    On July 11,
    1991,
    the Board sent this
    regulatory proposal to First Notice, without ruling on the merits
    of the proposal.
    On January 9,
    1992,
    the Board sent this
    proposed rule to Second Notice.
    Hearing was held on August 27,
    1991,
    in Eureka, Woodford
    County,
    Illinois.
    In addition to representatives for the
    Petitioner and the Illinois Environmental Protection Agency
    (“Agency”), the Department of Energy and Natural Resources
    participated in the hearing.
    No other members of the public
    attended.
    In addition, to the participants at hearings, public
    comments were received from the Administrative Code Division of
    the Secretary of State’s Office and the Department of Commerce
    and Community Affairs.
    BACKGROUND
    DM1 is a farm implement manufacturer located in a largely
    rural area used almost exclusively for farming, near Goodfield,
    The Board wishes to acknowledge the contributions of attorney
    Marie Tipsord who assisted in the preparation of the Opinions and
    Orders in this proceeding and who acted as hearing officer.
    130—173

    2
    Woodford County,
    Illinois.
    (Pet.
    42)~
    DM1 is employee-owned and
    currently employs 289 people.
    DM1 asserts that it is Woodford
    County’s largest employer.
    DM1 has two separate permitted
    processes,
    the paint room and the paint deck.
    (Pet.
    4).
    Only
    the emissions from the paint deck are subject to this rulemaking.
    Woodford County and the surrounding counties comprise an
    attainment area for ozone and, according to DM1,
    no exceedance of
    the ozone ambient air quality standards has been recorded at the
    closest monitor
    (Peoria)
    “in the past several years”.
    (Pet.
    4).
    The paint deck operations at DM1 consist of two processes.
    One process
    is for large pieces with smooth even surfaces which
    are painted in a spray booth with a hand held spray gun.
    This
    process “has proven highly successful, both pragmatically and
    environmentally,
    and the VOM content of the paint
    is compliant
    with” the rule of general applicability.
    (Pet.
    5).
    The second
    process is for smaller intricate parts which cannot be painted
    with the hand held spray gun.
    Parts are dipped into a paint dip
    tank then moved by conveyor to a bake oven for drying.
    (Pet.
    6).
    It
    is this process for which DM1 seeks a site—specific rule.
    DISCUSSION
    The rule of general applicability which DM1
    is seeking site-
    specific relief from is 35 Ill. Adm. Code 215.204(j)(3).
    Section
    215.204(j) (3)
    sets emission limits for Miscellaneous Metal Parts
    and Products Coating.
    The limits set for “extreme performance
    coating” are 4.2 kg/i and 3.5 lb/gal.
    DM1
    is specifically asking
    that its VON emissions rates be set at the following limits:
    VON limit,
    lb/gal
    (less water)
    Rolling 30-day
    Application
    Daily Average
    average, lb/day
    Spray coat
    3.5
    (at spray gun)
    Dip top coat
    4.2
    (at time of
    addition to dip
    tank)
    Dip tank make-up
    61
    solvent addition
    (Pet.
    8)
    DM1 stated that since solvent is continuously lost from the
    dip tank it is necessary to add make-up solvent to the tank in
    order to maintain viscosity.
    The rate of solvent loss depends on
    2
    The Petition will be cited as (Pet.
    ); comments will be cited
    as
    (P.C.
    X,
    p.)
    and the Transcript will be cited as
    (Tr.)
    130—174

    3
    several factors including room temperature and rate of
    production,
    making prediction of solvent make-up is difficult,
    according to DM1.
    DM1 is projecting a need based on records for
    the fourth quarter of 1990 for about 61 pounds per day on
    average.
    Thus,
    DM1 requests a rolling 30 day average of 61
    lb/day.
    (Pet.
    9).
    The Agency objected to the inclusion of the spray coat
    application limit because of no relief “is necessary or
    requested” for the spray coat.
    The spray coat would still be
    subject to the allowed emission rates in Section 212.204, which
    the spray coat application can meet.
    In response to the Agency’s objection, DM1 drafted language
    deleting references to the spray coat application limits.
    DM1
    presented the language in its final comments
    (P.C.
    3,
    Exh.
    D)
    and
    the Agency agreed to the proposed amendment.
    (P.C.
    5,
    p.
    5).
    The Board adopted the change at Second Notice.
    DM1 is requesting relief which is similar to relief
    the
    Board has granted to John Deere Harvester located in Moline
    (see
    In the Matter of John Deere Harvester
    -
    Moline,
    R87—1,
    (November
    3,
    1988))
    and Roadmaster (see In the Matter of the Site Specific
    Petition of Roadmaster,
    R88—19
    (April 26,
    1990)).
    (Pet.
    7).
    DM1
    contrasts its request for relief from the rule of general
    applicability with the requests by both John Deere and
    Roadmaster.
    DM1 states that its request calls for
    .a lower
    emission rate than the other two requests; otherwise DM1 is
    in
    the same position as those two companies.
    (Pet.
    10).
    DNI’s effort to achieve compliance with the rule of general
    applicability date back to 1984, when DM1 began to search for a
    system which would achieve compliance.
    (Pet.
    5).
    In 1986, DM1
    set up a special management team to resolve the issue but was
    unable to find a solution to meet the December 31,
    1987
    compliance deadline.
    (Pet.
    5).
    DM1 sought and received a
    variance (PCB 88—132) to operate while a new system was
    installed.
    (Pet.
    6).
    DM1 is currently seeking to extend its
    variance (PCB 90-227)
    until the site-specific relief is granted
    or until one year after site-specific relief
    is denied.
    (Pet.
    Ex. A p.
    31).
    The new system, which is still in use at the plant, was
    installed at a cost of $225,000.
    DM1 intended to use water—based
    paints in the system, which would have resulted in sufficiently
    low VON emissions to achieve compliance.
    (Pet.
    6).
    DM1 did in
    factuse the water—based paints in the new system for around
    twenty months.
    However, the quality of the paint was below DMI’s
    expectations.
    The paint showed “poor stability,
    failed to dry a
    proper hardness sic,
    tended to separate,
    left white flecks or
    speckles in painted finishes, provided poor edge coverage which
    resulted in surface rust problems, failed to consistently meet
    130—175

    4
    thickness specifications, and formed fisheye patterns in the
    finished paint surface.”
    (Pet.
    6).
    DM1 and its paint supplier worked to try and solve the paint
    problems; however,
    on September 4,
    1990,
    the paint supplier
    advised DM1 that it had “exhausted all avenues available to find
    a solution”.
    (Pet.
    7).
    DM1 then investigated alternative forms
    of compliance, including an afterburner system, but found the
    alternative methods were cost prohibitive.
    (Pet.7).
    DM1 stated
    in its petition that:
    One bid, for instance called for installation
    of 2000 SCFM Eisenmann unit at a cost of
    around $300,000; amortized over ten years,
    such a
    system would cost DM1 about $65,000
    per year,
    but would result in the elimination
    of only around 9.2 tons per year of VOM
    emission, resulting in a yearly cost per ton
    of emission, elimination of around $7,065.
    (Pet.
    7).
    DM1 contrasts the cost for
    it to achieve compliance with the
    estimate provided to the Board in the RACT II rulemaking
    (R80-5).
    In that rulemaking, the “Illinois Institute of Natural Resources
    stated that compliance with the rule in attainment areas would be
    around $1,032 per ton of required reduction.”
    (Pet.
    9).
    The Agency supports DMI’s request for site specific
    rulemaking and states:
    The Agency believes that compliance is
    economically unreasonable in this case.
    Further, the Agency believes that the 8.8 ton
    annual increase in volatile organic emission
    from DM1 will have minimal environmental
    impact in this attainment area.
    (P.C.
    5,
    p.
    6)
    In addition to deletion of references to spray coat
    application limits, DM1 suggested amendment to Section
    215.215(e).
    DM1 made this suggestion in response to questions
    raised at hearing by the Board.
    (Tr.
    21).
    DM1 added a timeframe
    to Section 215.215(e)
    of 180 days to allow DM1 to achieve
    compliance after successful testing of a compliant paint.
    (P.C.
    3, Exh.
    D).
    The Board also adopted this language at Second
    Notice.
    The Joint Committee on Administrative Rules did not
    suggest any changes to the proposal during Second Notice.
    CONCLUSION
    Pursuant to Section 27 of the Act the Board may adopt
    “regulations specific to individual persons or sites”.
    In
    130—176

    5
    promulgating regulations, under the Act, the Board shall take into
    consideration the physical conditions and character of the
    surrounding areas,
    the nature of existing air quality as well as
    the technical feasibility and economic reasonableness of reducing
    the pollution.
    The Board finds that DM1 has presented
    information which indicates that the rule of general
    applicability is not economically reasonable for its facility.
    Further, the Board finds that DM1 has presented adequate evidence
    that the allowance of a higher emission rate will not “contribute
    to a violation of ambient air quality standards”.
    (P.C.
    5,
    p.
    2).
    The~refore,the Board adopts the site-specific rule for DM1,
    Inc. plant in Goodfield, Woodford County,
    Illinois.
    ORDER
    The Board hereby adopts for Final Notice the following amendments
    to 35 Ill.
    Adm. Code 215.
    The Clerk of the Board is hereby
    directed to cause the publication of these amendments in the
    Illinois Register and to cause the filing of these amendments
    with the Administrative Code Unit of the Secretary of State’s
    Office:
    Section 215.215 DM1 Emissions Limitations
    Notwithstanding the limitation of Section 215.204(1) (3’,, the DMIL
    Inc., Goodfield,
    Illinois plant shall not cause or permit the
    emission of volatile organic material from its existing dip tank
    and bake oven
    as part of the paint deck operations,
    to exceed
    a
    daily average of 4.2 lb/gal in the dip top coat application tank,
    and a
    30-day rolling-average of 61 lb/day for the dip tank make-
    up solvent addition;
    DM11
    Inc.
    shall fulfill all of the
    following conditions:
    j~j DM1,
    Inc.
    shall contact at least three
    (3)
    paint
    vendors each year in a continuing search for a
    compliant coating that it can successfully use in its
    existing paint deck operations,
    including any paint
    vendors suggested by the Agency in
    a writing delivered
    to DM1,
    Inc. by certified mail
    .~
    If any vendor provides DM1,
    Inc. with laboratory test
    results which demonstrate that DM1,
    Inc. may be able to
    use the vendor’s paint
    in its existing paint deck
    operations as a substitute for the existing taint,. DM1,
    Inc. will conduct production tests of that paint
    j~j DM1.
    Inc. will submit a report to the Agency by March
    1
    of each year that includes
    a summary of its efforts
    during the preceding calendar year,
    as those efforts
    relate_to DM1,
    Inc.’s compliance with the foregoing
    conditions contained in subsections
    (a) and
    (b), above
    130—17 7

    6
    j~j If DM1, Inc. locates a compliant paint that it can
    successfully use in its existing paint deck operations,
    and the net annual expense of using the compliant paint
    is not more than ten percent
    (10)
    greater than the
    then current net annual expense incurred in the
    existing painting process,
    DM1,
    Inc. shall convert its
    present paint deck operations to the use of that paint
    within 180 days after the final successful testing of
    such a paint; and
    j~j This Section shall expire within 180 days after final
    successful testing of a compliant paint in accordance
    with subsection
    (d)
    above,
    or on January
    1.
    2000,
    whichever is earlier,
    at which time DM1,
    Inc. shall
    comply with the provisions that generally apply to VON
    emissions.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act
    (Ill. Rev.
    Stat.
    1990 supp.,
    ch.
    111 1/2, par.
    1041)
    provides for appeal of
    final Orders of the Board within 35 days.
    The Rules of the
    Supreme Court of Illinois establish filing requirements.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, do hereby qertify that the abpy~Opinion and Order was
    adopted o~the
    ~
    day of
    -~--~~--~—i
    ,
    1992,
    by a
    vote of
    ~
    .
    (/7’
    /~
    I
    9~~/’
    ~
    ~.
    /~?~~1
    Dorothy M.
    Qj~nn,Clerk
    Illinois Pollution Control Board
    130—178

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