ILLINOIS POLLUTION CONTROL BOARD
October 20, 1994
TRW,
INC.,
)
)
Petitioner,
)
v.
)
PCB 93—196
)
(Variance)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Respondent.
JAMES
F.
NULHERN
APPEARED
ON
BEHALF
OF TRW,
INC.; and
KYLE
NASH
DAVIS
APPEARED
ON
BEHALF
OF
THE
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY.
OPINION
AND
ORDER
OF
THE
BOARD
(by
J. Theodore Meyer):
This matter is before the Board on petitioner TRW, Inc.’s
amended petition for variance,
filed on December 21,
1993.’
TRW
seeks a variance from 35 Ill. Adm. Code 215.301 “Use of Organic
Material”.
The Illinois Environmental Protection Agency (Agency)
filed its recommendation on June 20,
1994, recommending that the
requested variance be granted, subject to conditions.
A public
hearing was held before hearing officer Deborah L. Frank on
September 7,
1994,
in Marshall, Illinois.
No members of the
public attended the hearing.
BACKGROUND
TRW’S Transportation Electronics Division manufactures
automotive electronic devices at its facility in Marshall, Clark
County,
Illinois.
Approximately 80
of the manufacturing at the
Marshall facility is the production of air bag system diagnostic
modules
(ASDM)
for Chrysler, Toyota, and Saab.
The rest of the
manufacturing is for customers such as Caterpillar and General
Motors.
The Marshall facility employs approximately 570 full
time and 112 temporary employees, and has an annual payroll of
$13.3 million.
(Pet. at 7.)
As part of its manufacturing process, TRW uses a conformal
coating process to coat the circuit boards used in the ASDM.
This coating prevents moisture and dirt from collecting on the
circuit boards.
(Pet.
at 3; Tr. at 14.)
The coating material is
TRW filed its original petition for variance on October
22,
1993.
2
comprised of toluene, methyl ethyl ketone, and solids.
The
circuit boards are dipped in the coating material, and then
exposed to a heating element which evaporates the solvent.
(Tr.
at 14.)
RELIEF REQUESTED
TRW seeks a variance from 35 Ill.
Adin. Code 215.301, which
establishes an emission limit of
8 lbs/hr of organic material.
Under maximum production, TRW estimates that the conformal
coating process emits up to 5325 pounds per week (approximately
45 pounds per hour)
of volatile organic materials
(VOM).
According to the Agency, when TRW began this manufacturing
process it was in compliance with Section 215.301 because the
coating operation emitted less than
8 lbs/hr.
However, the
Agency states that due to the increased demand for air bags, TRW
is not presently in compliance with Section 215.301.
(Rec.
at
4.)
TRW seeks a variance from Section 215.301 to allow it an
opportunity to investigate compliance options.
(Pet. at 4.)
In
its amended petition, TRW requested a variance of up to 30
months.
(Pet.
at 1.)
However, the Agency has recommended that
the requested variance expire on September 30,
1995
(Rec.
at 9),
and TRW indicated at hearing that it is committed to achieving
compliance by that date
(Tr.
at 23).
ENVIRONMENTAL IMPACT
TRW’S Marshall facility is located in Clark County, which is
characterized as attainment for ozone.
(Pet. at 17.)
TRW states
that there were no recorded exceedences of the ozone air quality
standard at the two nearest monitoring stations2 during 1992,
which registered highest readings of 78—85
of the ozone
standard.
Based on those results, TRW believes that emissions
from its Marshall facility will not have a significant effect
upon the air monitoring results.
(Pet.
at 11,
17.)
TRW also
modeled emissions from the coating operation using a USEPA-
approved air dispersion model, and further notes that it has not
received any odor or air quality complaints about the facility.
Thus, TRW concludes that the risk of any adverse effect upon the
environment or human health caused by the grant of variance will
be minimal.
(Pet.
at 16—18.)
The Agency agrees that there were no recorded exceedences of
the ozone standard during 1992; however, the Agency states that
the increase in TRW’s production may not have fully occurred
until after that period.
The Agency states that the same two
2
The nearest monitoring stations are located in
Champaign,
90 miles northwest of Marshall, and Effingham,
55
miles southwest of Marshall.
3
monitors
(Champaign and Effingham) did not record an exceedence
in 1993.
(Rec. at 7.)
Additionally, the Agency believes that
the issuance of a variance to TRW may have an environmental
impact in the Chicago ozone nonattainment area,
since Clark
County is located upwind of the Chicago area.
(Rec.
at 7.)
The
Agency notes that background emissions contribute significantly
to the ozone problems in the Chicago area,
and states that it is
particularly concerned given the requirement that Illinois reduce
emissions of VOM in the Chicago area by 15
by 1996.
(Rec.
at
8.)
COMPLIANCE
PLAN
TRW
states
that,
with
the
help
of
its
consultants,
it
is
evaluating various air pollution control systems to reduce
emissions to the required level.
TRW considered, and rejected,
condensation and flaring, and is continuing to evaluate carbon
adsorption,
thermal oxidation, catalytic oxidation,
and solvent
scrubbing.
(Pet.
at 14.)
Installed capital costs for these
options range from $200,000 to $600,000, with annual operating
costs between $8,000 to $200,000 per year.
(Pet.
at 15.)
TRW is
also evaluating alternative coating processes.
A revised process
would reduce emissions at the source, and not require the capture
and treatment of emissions.
(Pet.
at 14;
Tr. at 23.)
Mark
Desmarais, manager of manufacturing engineering at the Marshall
facility, testified at hearing that TRW has identified an
alternative coating process, and that preliminary testing
indicates that the alternative process meets all specifications.
(Tr. at 16.)
Mr. Desmarais testified that the process is now
being tested to qualify the results with all of TRW’S customers,
which can only be done by running the customer’s product in the
plant.
(Tr. at 16-17.)
TRW has indicated that it will continue
to explore alternative control equipment,
so that it can comply
with the emission limits if the alternative coating process
is
ultimately unsuccessful.
(Tr. at 25—26.)
HARDSHIP
TRW states that the conformal coating process is a critical
step in its production processes,
and that restricting or
temporarily suspending the coating process would,
in effect,
completely shut down the Marshall facility.
In addition to the
700 employees who would be out of work, TRW maintains that its
inability to produce electronic devices for companies such as
Chrysler, Toyota,
Saab,
General Motors, and Caterpillar would
have a significant effect on automobile and hearing equipment
manufacturing operations.
TRW notes that it
is the sole supplier
of air bag system diagnostic modules for Chrysler.
(Pet.
at 24.)
TRW concludes that compliance with Section 215.301 would impose
an arbitrary and unreasonable hardship upon TRW.
(Pet.
at
1.)
The Agency states that “En)otwithstanding the environmental
4
impact,
in deference to the facility’s concerns with achieving
the limits set forth in the Act
tsic) and maintaining customer
satisfaction, the Agency agrees that requiring
TRW
to comply
before it has had an opportunity to evaluate the situation fully
would cause an unreasonable hardship.”
(Rec.
at 8.)
CONSISTENCY WITH FEDERAL
LAW
TRW states that emissions from its Marshall facility are not
expected to violate air quality standards, and that prevention of
significant deterioration
(PSD)
regulations do not apply.
TRW
further states that there are no applicable new source
performance standards (NSPS)
or national emissions standards for
hazardous air pollutants (NESHAPs).
Thus, TRW concludes that the
requested variance is consistent with those federal requirements.
(Pet. at 26.)
The Agency states only that because Part 215 has been
approved by USEPA as part of the Illinois state implementation
plan (SIP), the variance,
if granted, will need to be submitted
to USEPA as a SIP revision.
(Rec. at 8-9.)
CONCLUSIONS
After reviewing the record and the panes’
arguments, the
Board finds that immediate compliance with 35 Ill. Adm. Code
215.301 would impose an arbitrary or unreasonable hardship on
TRW.
The record demonstrates that TRW’s emissions have a minimal
impact in the immediate area, and that immediate compliance with
the emission limitation would require a shut—down of the Marshall
facility.
Therefore, the Board will grant a variance until
September 30, 1995 from Section 215.301 for.TRW’s Marshall
facility, subject to conditions.
We are concerned with the possibility that TRW’S emissions
might adversely impact on the Chicago ozone nonattainment area.
However, the variance is for a relatively short time period, and
will cover one ozone “season”
(i.e. April to October 1995).
We
expect that TRW will strictly comply with all timeframes in the
variance, and attain compliance by the September 30, 1995
expiration of this variance.
This opinion constitutes the Board’s findings of fact and
conclusions of law.
ORDER
TRW,
Inc.
is hereby granted a variance for its Marshall,
Illinois facility from 35 Ill. Adm. Code 215.301, subject to the
following conditions:
1.
This variance begins on the date of this order, and
5
expires on September 30,
1995.
2.
TRW
shall not exceed emissions of 45 lbs/hr of organic
material from its conformal coating operation, with
weekly emissions not to exceed 5325 pounds of organic
material.
3.
If TRW chooses to attain compliance by the use of
control equipment, TRW shall submit an application for
construction permit to the Illinois Environmental
Protection Agency
(Agency)
by November 1,
1994.
4.
If compliance is to be achieved by the use of a
compliant coating, TRW shall begin using that coating
by September 30, 1995.
5.
If compliance is to be achieved by the use of control
equipment, that equipment shall be installed and
operating by September 30,
1995.
The equipment shall
be stack-tested within 90 days of start-up of the
equipment, and the results of that test shall be
submitted to the Agency.
TRW shall also notify the
Agency 30 days prior to the date of testing so that a
field inspector may be present for the test.
6.
TRW shall submit quarterly compliance progress reports
on the development of an alternative coating process or
selection and installation of control equipment,
including order dates, delivery dates,
and anticipated
start of construction.
Each report shall be submitted
within 10 days of the end of each quarter, and shall
continue to be submitted until compliance is achieved.
Each report shall be submitted to:
Kyle Davis
Dan Punzak
Assistant Counsel
Environmental Engineer
Division of Legal Counsel
Air Pollution Control
2200 Churchill Road
2200 Churchill Road
P.O. Box 19276
P.O. Box 19276
Springfield,
IL 62794—9276
Springfield, IL 62794
John Justice
FOS Region III
Bureau of Air
20009 Mall Street
Collinsville, IL 62234
7.
TRW shall keep records of the amount of coating
material and dilution solvent used on a daily basis.
These records shall be made available to Agency
personnel upon request.
6
8.
TRW shall reduce volatile organic material emissions to
the greatest extent possible, including, but not
limited to, implementing process modifications.
During
the time that the coating operation is down, TRW shall
cover the dip tank.
Within 45 days of the date of the final Board order in this
case, TRW shall execute and forward to Kyle Nash Davis, Division
of Legal Counsel, Illinois Environmental Protection Agency, 2200
Churchill Road,
P.O. Box 19276,
Springfield,
IL 62794—9276,
a
certificate of acceptance and agreement to be bound to all terms
and conditions of this variance.
The 45—day period will be held
in abeyance during any period that this matter is appealed.
Failure to execute and forward this certificate within 45 days
shall render this variance null and void.
The form of the
certificate shall be as follows:
CERTIFICATION
I
(We), ____________________________________, hereby
accept and agree to be bound by all terms and conditions of
the Pollution Control Board’s October 20,
1994 order in PCB
93—196.
Petitioner
Authorized Agent
Title
Date
IT
IS
SO
ORDERED.
I,
Dorothy
M.
Gunn,
Clerk
of
the
Illinois
Pollution
Control
Board, hereby certify that the ab,psre~pinionand order was
adopted on the~-2~9~---L~
day of
-tL~~&~i
,
1994,
by
a
vote
of
5-0
.
~Dorothy
H.
G~i4~tn,Clerk
Illinois Po.~iutionControl Board