ILLINOIS POLLUTION CONTROL BOARD
August
 31,
 1989
MINNESOTA MINING AND
 )
MANUFACTURING COMPANY,
 )
Petitioner,
v.
 )
 PCB 89—58
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
MR. LEE R.
 CUNNINGHAM AND MR. JEFFREY
 C.
 FORT, GARDNER, CARTON
 &
DOUGLAS, APPEARED ON BEHALF OF THE PETITIONER; AND
MS. SUSAN JANE SCHROEDER, ILLINOIS ENVIRONMENTAL PROTECTION•
AGENCY, APPEARED ON BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD
 (by J.
 Anderson):
This matter comes before
 the Board on a March
 31,
 1989,
petition by Minnesota Mining and Manufacturing Company
 (“3M”)
 for
variance from Subpart
QQ
of Part 215 of the air rules, more
specifically from 35
 Iii.
 Adm.
 Code 215.946,
 from April
 1,
 1989
to March
 31,
 1991,
 to either modify its process or
 install an
add—on control
 system at its Bedford Park facility.
Subpart
QQ
regulates Miscellaneous Formulation Manufacturing
Processes
 (“Generic RACT”);
 it was adopted April
 7,
 1988,
 became
effective April
 1,
 1989,
 and applies to sources emitting more
than 100 tons VOM annually.
On May 11,
 1989,
 the Board granted
 the May
 1,
 1989 motion
filed by the Illinois Environmental Protection Agency
 (“Agency”)
for an extension of
 time until May
 31,
 1989 to file its
recommendation.
 However, by letter received by the Board on May
19,
 1989,
 the Hearing Officer granted
 the Agency motion ~or
additional
 time
to file its recommendation,
 until June
 16,
1989.
 The Board notes
that the Hearing Officer’s extension does
not supersede the Board’s earlier action.
 However,
 in order
 to
cure what appears
 to be inadvertent error,
 the Board hereby
affirms the Hearing Officer’s action.
On June
16,
 1989,
 the Agency filed
 its recommendation
 to
grant variance, with conditions;
 on July
 17,
 1989,
 the Agency
102—2 23
—2—
filed an amendment to its recommendation,
 essentially consisting
of amendments to certain conditions.
 Hearing was held on July
20,
 1989.
3M’s variance petition concerns VOM emissions resulting from
its production of pressure sensitive adhesives at its plant
 in
Bedford Park,
 Illinois.
3M believed
 it could comply with the 100 tpy limit by April
1, 1989, by using process modifications; however, based on a
consultant’s error, 3M learned on January 31, 1989,
 that
 its
emissions were over 400 tpy,
 not the 126.9 tpy earlier computed.
(Ex.
 2)
 Given the greater emissions,
 3M realized it was not
going
 to be able to timely comply,
 and proceeded to develop a
 two
year compliance plan.
 The plan commits
 to installing add—on
technology, most likely thermal oxidizers,
 for
 81 percent
reduction of its overall emissions subject
 to Subpart QQ
 if
 3M
cannot reduce its overall emissions below the
 100 tons per year
through process changes or
 redesign of
 its blending operations.
3M manufactures pressure sensitive adhesives through two
different, but similar, processes,
 one of which uses seven ribbon
blenders,
 the other
 three “moguls.”
The manufacture of pressure sensitive adhesives requires the
use of rubber,
 resin, powder, dry ice and a variety of
solvents.
 3M does not anticipate any change in the raw materials
used to produce its adhesives.
A blender cycle lasts fifteen
 to twenty hours, and starts by
adding approximately one—third of the total solvent followed by
the initial rubber charge.
 Several hours
 later
 the balance of
the rubber
 is added.
 Throughout the cycle,
 solids, such as
rubber,
 are loaded through the blender’s hatch,
 then solvent
 is
added, and,
 near the end of each cycle, crushed resin
 is added as
well to yield the desired viscosity.
 After
 a brief
 final mixing,
the blender’s contents are transferred
 to storage tanks.
 Each
blender
 is equipped with a condenser, which may have
 a potential
to reduce emissions.
The moguls have a cycle
 time of six to eight
 hours.
 A
mogul’s cycle begins
 by adding rubber
 through its cover
 in the
absence of
 a solvent.
 The rubber goes through a mastication
stage, which
 is followed by the addition of
 resin and powder.
Only near the cycle’s end is solvent added to bring
 the mixture
to
 its proper viscosity.
 Once obtained,
 the viscous solution
 is
pumped
 to a storage
 tank.
 The three moguls are ducted to a
thermal oxidizer
 to control odors,
 not VOMs,
 3M does
 riot
anticipate installing any control equipment on the moguls.
Testing
 in 1988 indicates that the blenders and moguls
emitted
 370 and 45 tons of VOM per
 year,
 respectively,
 totalling
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—3—
415 tons.
 Production and emission levels are steady throughout
the year.
 Due to the implementation of
 the proposed interim
measures, 3M anticipates a decline in VOM emissions during the
life of the variance.
3M and the Agency have agreed on a timetable for instituting
the interim measures during the term of the variance.
 The
interim measures are articulated in the modified recommended
conditions filed by the Agency on July 17,
 1989.
 3M testified at
hearing that
 it has already instituted a blender loading program
to reduce the time the hatches are open;
 designed and completed
engineering drawings and requested bids for
 a more effective
blender top to
 reduce leakage; and has installed a small
prototype solids loading hopper above one blender and ordered
filter media to address
 the problem of clogging by the resin.
 If
the improved sealing results
 in emissions greater than
 5 tons
through each condenser,
 3M will then address controls.
 (R 17—19).
3M states that
 it will study a closed—loop system to replace
the blenders, presently estimated to cost between $500,000 and
 $5
million.
 3M presently estimates that
 a control system will cost
$1 million.
Environmental Impact
The 3M plant
 is
 in Cook County,
 a non—attainment area for
ozone.
 The Agency notes that the two closest monitors are at
1850 5.
 51st Avenue, Cicero,
 Illinois and at 84th
 & Kedvale
Avenue, Chicago,
 Illinois.
 In
 1986,
 neither site exceeded the
0.12 ppm ozone standard.
 In 1987,
 the Kedvale monitor exceeded
the standard once,
 at 0.157 ppm and the Cicero monitor exceeded
it twice,
 at 0.146 ppm and 0.153
 ppm.
 In 1988,
 the Cicero
monitor exceeded the standard twice,
 at
 0.126 ppm and 0.125
ppm.
 In April,
 1988,
 the Kedvale site was closed, and the
monitoring equipment was relocated to 4500 W.
 123rd Street,
Alsip,
 Illinois.
 The new Alsip monitor exceeded the standard
twice,
 at
 0.127 ppm and 0.125
 ppm.
 In
 1989,
 neither monitor has
registered excess ozone.
 The Agency notes that “As
 a major
volatile organic material source
 in an ozone non—attainment area,
3M contributes,
 to an unquantified degree,
 to the
 ‘frequent,
pervasive and substantial’
 violations of
 the ozone ambient air
quality standard
 in Northern Illinois
 (See EKCO Glaco Corporation
v.
 IEPA,
 PCB 87—41
 (December
 17,
 1987)).”
 However,
 the Agency
also notes
 that
 3M expects the VOM emissions
 to decline during
the term of the variance.
3M also points out the numerous control and monitoring
systems
 it has installed over the years,
 including the
installation of thermal oxidizers, activated carbon absorption
systems,
 etc. on its various production lines,
 its record of
unquestioned compliance,
 and its intent
 to donate emissions
102—225
—4—
credits to the state for improvement
 in air quality
 (Pet.
 p.
 10,
11).
Compliance with Federal Law
Until the applicable rules have been approved by the USEPA
as part of the State Implementation Plan
 (SIP),
 the Agency does
not believe that the variance needs to be submitted as a SIP
revision,
 and, should Section 215.946 be approved, the variance
would be approvable as a SIP.
 In so saying,
 the Agency
references
 52 Fed.
 Reg.
 26404
 (July 14, 1987),
 wherein the USEPA
stated that SIP revisions containing post—December 31,
 1987
deadlines may be approved if the deadline
 is “fixed—near—term”;
the Agency believes that
 the March 31,
 1991 compliance deadline
is sufficiently “near term”.
 The Agency also references
 52 Fed.
Reg.
 36965
 (Oct.
 2,
 1987).
 The Agency also stated that the USEPA
is taking the position that lack of timely fulfillment of the
requirements of the 1982 ozone SIP does not
 in itself prohibit
SIP approval of the
 rule or variance as a SIP revision as long as
all other criteria for approval are otherwise met.
 (Agency Rec.
p.
 4,5).
Board Conclusions:
The Board accepts the proposed compliance plan as
appropriately containing increments of progress and interim
measures to reduce VOM emissions.
 While
 the conditions reflect
compliance choices, depending on the success of various step-by--
step compliance methods,
 the plan contains a definite commitment
to achieve compliance by March,
 1991.
 Considering 3M’s “near
term” compliance committment,
 its quick
 response to the
unexpected miscalculation of 3M’s emissions, and the reduction of
the environmental impact during the term of the variance, the
Board finds
 that 3M has presented adequate proof
 that compliance
with 35
 Ill. Adm. Code 215.946 would impose an arbitrary or
unreasonable hardship.
 Because
 3M could not have realistically
earlier filed
 for variance,
 the Board will also start
 the term of
the variance on April
 1, 1989,
 as
 requested.
This Opinion constitutes the Board’s
 findings of fact and
conclusions of law
 in this matter.
ORDER
Minnesota Mining and Manufacturing Company is hereby granted
a variance from Subpart QQ
of Part
 215, specifically
 35
 Ill. Adm.
Code 215.946, subject
 to the following conditions:
1.
 This variance shall
 be in effect from April
 1,
 1989
 to March
31,
 1991.
102—2
26
—5--
2.
 By September
 1,
 1989,
 3M shall institute a blender
 loading
program designed to reduce the amount of time the charging
hatches are open during the loading of solids thereby
reducing peak emissions.
 This program shall include, at
 a
minimum, opening the charging hatches only while solids are
being added
 to the blender and closing the hatches while
carts of solids are being retrieved from storage.
3.
 By July
 1,
 1990,
 3M shall install tops on each of its
blenders.
 These tops will be designed
 to reduce VOM losses
from the blenders, compared to current tops,
 by reducing
vapor
 leakage along the rim and hatch edges and through any
hinges.
 After March
 31, 1990,
 3M shall use temporary
 sealing measures
 (e.g. measures similar
 to those used during
testing) on all blenders that do not have new blender tops.
4.
 3M shall attempt to minimize emissions through the blender
hatches by replacing hatch loading with a solids handling
system to deliver
 the solids and resins to the blenders
without the need to open the hatches.
 The following steps
will be taken:
a)
 By January
 1,
 1990,
 3M shall position a solids loading
hopper well above one blender
 top.
 By
 February
 1,
1990,
 3M shall report,
 in writing, to IEPA on the
results.
 This report will include a plan,
 including
dates, by which
 3M will implement solids handling
system on each of its blenders,
 if the hopper can be
operated effectively from this position without
plugging caused by solvent vapors.
b)
 If the system
 in
 (1) above cannot
 be utilized
effectively due to plugging, by April
 1,
 1990,
 3M shall
install a system whereby carbon dioxide
 is used as
 a
purge into the dump chute from the hopper
 to keep the
blender’s solvent vapors from reaching the resin
hopper.
 By May
1,
 1990,
 3M shall report
 in writing
 to
IEPA on the results.
 If this system can be effectively
operated without plugging,
 this
 report shall
 include
 a
plan,
 including dates,
 by which
 3M shall install and
operate such
 a system on each blender.
5.
 3M shall investigate the potential
 for reducing emissions
through the condensers.
 By February
 1,
 1990,
 3M shall
report
 in writing to
 IEPA on the results considering
 the
experience with new blender tops and the solids loading
hopper(s)
 to that point.
 This report
 shall include
 the
emission reduction estimates per blender and
 a plan,
including dates,
 by which
 3M shall provide interim
improvements for more effective condensation
 of the solvent
vapors in the condenser,
 to the extent possible based upon
available data.
 By May
 1,
 1990,
 3M shall submit
 a final
1fl2—227
—6—
report considering further experience with new blender tops
and solids loading hoppers.
 This report shall provide the
final plan for the interim improvements to the condensers on
each blenders.
These condenser improvements will be implemented if the
interim control measures listed below will
 reduce emissions
 by
 5 tons per year per blender using methods
 1 and br
 2
below.
 If emissions cannot be reduced by
 5 tons per year
per blender using methods
 1 and/or
 2 below,
 3M will
implement improvements
 if the interim control measure will
reduce emissions by 10 tons per year per blender using
method
 3 below.
 Methods
 1,
 2 and
 3 are as follows:
1.
 using chilled water
 in the condensers
2.
 refrigerating the condensers or
3.
 replacing the condensers with more effective
condensers.
3M shall implement improvements
 to the condensers of each
blender as soon as possible after the blender tops are
 in
place and cost estimates are received.
6.
 If
 3M chooses
 to achieve compliance through the use of
kettles,
 the February
 1,
 1990, written notification to IEPA
shall include
 a statement as
 to which interim control
measures will be pursued and why.
7.
 3M shall submit
 to IEPA every quarter
 a report describing
 in
detail the progress made in the previous three months
 in:
1)
 the studying and testing of various modifications of the
manufacturing process of pressure sensitive adhesives,
 2)
the design, construction and installation of add-on control
equipment or new compounding equipment,
 and
 3)
 the progress
made
 in the previous three months
 in employing the interim
control measures.
B.
 Quarterly reports shall
 be submitted to IEPA’s regional
office
 in Maywood and the Permit Section
 in Springfield
within
 20 days of
 the end of the quarter.
Illinois Environmental Protection Illinois Environmental
Agency
 Protection Agency
Division of Air Pollution
 Division of Air Pollution
Control
 Control
The Intercontinental Center
 Permit Section
1701 First Avenue
 2200 Churchill Road
Maywood,
 IL
 60153
 Springfield,
 IL
 62702
9.
 The quarterly report shall include a summary of actions
taken,
 any determinations made as
 to VOM emissions and
feasibility of
 corftrol measures, any decision made as
 to the
102—228
—7—
particular control measures
 to be pursued,
 the reports of
any further emissions tests performed on equipment subject
to Subpart
QQ,
and an estimate of the current level
 of VOM
emissions using mass balance computations.
10)
 Within 45 days of the date
 of this Order,
 Petitioner shall
execute and forward to Bobella Glatz,
 Enforcement Programs,
Illinois Environmental Protection Agency,
 2200 Churchill
Road,
 Springfield, Illinois 62794—9276,
 a Certification of
Acceptance and Agreemerit
 to be bound
 to all terms and
conditions of this variance.
 Failure to execute and forward
the Certificate within 45 days renders
 this variance void
and of no force and effect
 as
 a shield against enforcement
of rules
 from which variance was granted.
 The 45—day period
shall be held
 in abeyance during any period that this matter
is being appealed.
 The form of said Certification shall be
as follows:
CERTIFICATION
I,
 (We), Minnesota Mining and the Manufacturing Company,
having
 read the Order
 of the Illinois Pollution Control Board,
 in
PCB 89—58,
 dated August
 31,
 1989,
 understand and accept the said
Order,
 realizing that such acceptance renders all terms and
conditions thereto binding and enforceable.
Petitioner
By:
 Authorized Agent
Title
Date
Section
 41 of the Environmental Protection Act,
 Ill. Rev.
Stat.
 1987
 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.
IT
 IS SO ORDERED.
102—229
—8—
I, Dorothy M. Gunn,
 Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was
adopted on the
 ~
 day of
____________,
 1989, by a vote
of
 ~
 .
z;~.
 ~4~’-~.
D rothy
 M.
 unn,
 Clerk
Illinois Pollution Control Board
102—230