ILLINOIS POLLUTION CONTROL
    BOARD
    October 27,
    1993
    KNAPHEIDE MFG.
    CO.,
    )
    Petitioner,
    )
    v.
    )
    PCB 93—169
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by C.
    A. Manning):
    On September 8,
    1993,
    the Knapheide Hfg. Company
    (“Knapheide”) filed a petition for variance relief pursuant to
    Section 35 of the Environmental Protection Act (“Act”) and 35
    Ill. Adm Code 104.120 for its facility located in Quincy, Adams
    County,
    Illinois.
    (415 ILCS 5/35
    (1992).)
    Knapheide is
    requesting relief from 35 Ill.
    Adm. Code 215.204(j) (2) and
    (3)
    which establish volatile organic material
    (“VON”) emission
    limitations for Miscellaneous Metal Parts and Product Coating
    manufacturers.
    The Board,
    on September
    9,
    1993,
    entered an order requesting
    Knapheide to amend its petition filed on September 8,
    1993,
    to
    cure certain deficiencies in that filing.
    The Knapheide Company
    filed an amended petition on September 16,
    1993.
    Knapheide in
    its amended petition has waived its right to a hearing in this
    matter pursuant to 35 Ill.
    Adin. Code
    104.124.
    Pursuant to
    Section 37(a)
    of the Act,
    legal notice was published on October
    1,
    1993.
    No hearing request was filed with the Board.
    (415 ILCS
    5/37(a)
    (1992).)
    The Agency filed its recommendation in support of grant of
    variance pursuant to Section 35(a)
    of the Act and 35 Ill. Adm.
    Code 104.180 on October 12,
    1993.
    In addition, the Agency states
    in its recommendation that it does not “intend to submit to the
    United States Environmental Protection Agency
    (“USEPA”)
    a State
    Implementation Plan revision regarding this variance due to the
    exigency of the surrounding circumstances, the attainment status
    of the area in which the facility is located and the minimal
    impact associated with the variance.”
    1
    (Rec.
    at
    2)
    2
    1
    Pursuant
    to
    the Clean Air Act Section 110 if the State
    Implementation Plan
    were
    to be revised
    a public hearing woutd have been necessary.
    (42 U.S.C.A. 7410
    (1993).)

    Accordingly, no hearing was scheduled or held in this matter.
    For the following reasons,
    the Board finds that Knapheide
    Company has presented adequate proof that immediate compliance
    with 35 Ill. Adm.
    Code 215.204(j) (2) and
    (3) would result in the
    imposition of an arbitrary or unreasonable hardship.
    Therefore,
    the variance is granted, subject to the conditions set forth in
    the order below.
    BACKGROUND
    The Knapheide Company is a manufacturer of tool boxes,
    miscellaneous truck bodies, hoists and platforms.
    The operations
    involve metal shaping,
    forming, welding, fabrication and
    painting.
    Knapheide employs approximately 145 persons and its
    annual sales have been thirty million dollars
    ($30,000,000.00).
    (Pet.
    at 2(b).)
    The Knapheide Company moved its operations from West Quincy,
    Missouri to 1701 North 16th Street, Quincy, Illinois due to the
    flooding of the Mississippi River which made its Missouri plant
    inoperable.
    Knapheide was granted two provisional variances from
    the Board to allow it to move its operations and to continue
    manufacturing while attempting to establish a permanent facility.
    (See PCB 93-141, July 29,
    1993,
    and PCB 93—168,
    September 9,
    1993.)
    Knapheide states in its petition, and the Agency reiterates
    in its recommendation,
    that VON are emitted from the facility’s
    painting operations.
    (Pet. at 2(c), Rec. at 3(11).)
    The VON
    emission is the result of the paint and thinner usage which is a
    vital part of Knapheide operations.
    (Pet. at 2(c).)
    Both the
    Agency and Knapheide state that when located in Missouri
    Knapheide was
    in compliance with the air permitting laws and
    substantive regulations for VON emissions.
    Knapheide states that
    the VOM emissions were approximately 75-80 tons per year.
    (Pet.
    at 2(d).)
    Further, Knapheide estimates that the maximum VON
    content of the coating as applied to be 6.6 lbs. of VOM per
    gallon of coating.
    (A.
    Pet. at Exhibit D.)
    Knapheide states
    that it expects to reduce the paint usage at the proposed site
    and therefore reduce the VON emission.
    (Pet. at 2(c).)
    However,
    the Board’s regulations at 35 Ill. Adm. Code 215.204(j) (2) and
    215.204
    (j)
    (3) require Knapheide to utilize coatings containing
    no more than 3.5 pounds per gallon of VOM; these are stricter
    than the Missouri limitations.
    As a result, Knapheide will not
    be able to achieve compliance without changing its operation or
    adopting a new method of operation.
    Therefore, Knapheide is
    requesting a two—year variance to construct a new facility which
    2
    The Agency
    recomnendation will
    be
    cited
    as
    ~
    and
    the Knapheide
    petition and amended petition will
    be
    cited
    as
    ~Pet.~
    arid ~A. Pet.”
    respect ively

    3
    would
    enable
    it
    to
    operate in compliance in Illinois.
    COMPLIANCE
    PLAN
    Knapheide
    proposes
    to
    achieve
    compliance
    by
    constructing
    a
    new plant which
    is
    capable
    of
    utilizing
    the
    low VON-compliant
    coating.
    (A.
    Pet. at 2(3).)
    The construction time required for
    completion of the new plant is roughly two years.
    (A. Pet. at
    2(3).)
    Knapheide states that the estimated cost
    is $8,000,000.
    (A.
    Pet. at 2(3).)
    The Agency states
    in. its recommendation that
    Knapheide has reviewed all possible technically feasible and
    economically reasonable alternatives and that Knapheide’s
    analysis is based on sound engineering principles and evaluates
    all reasonably available compliance strategies thoroughly.
    (Rec.
    at 4(16,17).)
    Knapheide states that all other feasible
    compliance alternatives would also require at least two years to
    implement.
    (Pet.
    at Exhibit 4.)
    The Agency recommends
    Knapheide’s chosen method of compliance, the construction of a
    new facility.
    (Rec. at 4(19).)
    HARDSHIP
    Knapheide
    states in its petition
    that
    it has spent roughly
    $2,000,000
    in
    its
    efforts to relocate
    its
    operations in
    Illinois
    at the temporary site located
    in Quincy.
    (A.
    Pet. at 2(3).)
    Additionally, Knapheide states it spent roughly $500,000.00
    fighting the Mississippi River flood.
    (A.
    Pet. at 2(3).)
    Knapheide states that if the variance is not granted,
    it would
    simply not be able to operate
    in compliance and would be forced
    to shut down.
    (Pet. at 3(k).)
    Knapheide and the Agency state
    that Knapheide stands to lose its major customers and face
    possible legal liability if it is not allowed to continue its
    operations.
    (Pet.
    at 3(k),
    Rec.
    at 4(16).)
    Currently,
    Knapheide
    is operating pursuant to two
    (2) provisional variances granted by
    the Board under Section 35(b) of the Act.3
    The Agency’s recommendation states that denial of variance
    would cause arbitrary and unreasonable hardship.
    (Rec.
    at 6.)
    ENVIRONMENTAL IMPACT
    Knapheide currently is located at 1701 North 16th Street in
    Quincy, Illinois, approximately three miles from its Missouri
    site which
    is an area that is in attainment with the National
    Ambient Air Quality Standard for ozone.
    Knapheide states that
    the environmental impact would be minimal due to this and that it
    would be utilizing the same paint and thinners it used when
    located in Missouri.
    (Pet. at 3(g).)
    See
    PCB
    93-141,
    July
    29,
    1993,
    and
    PCB
    93-168,
    September
    9,
    1993.

    4
    After evaluating the 1992 Illinois Annual Air Quality Report
    for ozone,
    specifically regarding the Quincy monitoring,
    the
    Agency determined that Knapheide’s moving its facility
    approximately three miles from the previous site “is unlikely to
    affect the ozone readings at the Quincy monitor or otherwise
    adversely affect Illinois’ air quality.”
    (Rec. at 5(26).)
    Additionally, the Agency states that, based upon the projected
    compliant coatings usage estimates provided by Knapheide,
    “the
    VON emissions from the new facility,
    once constructed, will be
    less than 25 tons per year.”
    (Rec.
    at 5(27).)
    Furthermore, the
    Agency states that the “VON emissions at the Quincy facility will
    be less than the 75—80 tons per year level due to decreased paint
    and thinner usage.”
    (Rec. at 5(25).)
    CONCLUSION
    Based upon the record, the Board finds that to require
    immediate compliance with the VON limitations set forth at 35
    Ill. Adm. Code 215.204(j) (2) and
    (3) would impose an arbitrary or
    unreasonable hardship on the Knapheide Company.
    The flooding of
    the Mississippi River which resulted in Knapheide moving its
    operations to Illinois was beyond its control.
    Knapheide has
    already expended several million dollars fighting the flood and
    re—locating its operations to Illinois.
    During the period in
    which Knapheide is constructing a new facility, which ultimately
    will bring
    it into compliance with the Board regulations,
    it
    would be impossible for Knapheide to continue its operations and
    meet Board guidelines at the same time.
    The environmental impact
    for this period should be minimal,
    if any, due to the VOM
    emissions being relatively the same as when located three miles
    away in Missouri.
    Additionally, the temporary facility is still
    located within an air quality attainment area.
    Overall, with the
    construction of the new plant which will be in compliance, the
    total VON emissions will be reduced for the attainment area.
    Knapheide and the Agency state that the grant of this variance
    will be consistent with the applicable federal laws due to the
    Agency’s conclusion that the State Implementation Plan will not
    have to be revised.
    (Pet. at 3(1), Rec.
    at 2(9).)
    Thus,
    the
    variance will be granted with certain conditions recommended by
    the Agency.
    (Rec. at 6-7.)
    The Board has also specified a
    limitation on the maximum VON emissions for coating used in
    painting operations based on Knapheide’s estimation that the
    maximum VOM content of coating as applied will be 6.6 lb per
    gallon.
    In addition, as a result of the unusual circumstances
    related to the flood,
    the Board grants this variance with a
    retroactive start date of October 25,
    1993.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law.

    5
    ORDER
    1.
    The Knapheide Company is hereby granted a variance from 35
    Ill. Adm.
    Code 2l5.204(j)2 and
    (3) as those sections apply to
    Knapheide’s painting operations at its facility located at 1701
    North 16th Street Quincy, Illinois.
    The variance is subject to
    the following conditions:
    a.
    The variance starts on October 25,
    1993 and ends on
    April
    1,
    1996.
    b.
    Volatile organic material emissions for coating used in
    the painting operations shall not exceed 6.6 lbs. per gallon as
    delivered to the coating applicator,
    excluding water and any
    compounds specifically exempted from the definition of volatile
    organic material by Board regulations.
    c.
    Knapheide shall complete all phases of its compliance
    plan by April
    1,
    1996.
    d.
    Knapheide shall submit semi-annual progress reports to
    the Agency on January 15th and July 15th of each year during the
    term of the variance.
    These reports must include detailed
    information on Knapheide’s progress toward cbmpletion of the new
    facility and testing of compliant coatings.
    e.
    Knapheide shall apply for and receive any applicable
    permits from the Agency prior to beginning construction.
    2.
    Within forty-five days of the date of this order, Knapheide
    Company shall execute and forward to:
    Sharon N. Davis
    Assistant Counsel
    2200 Churchill Road
    P.O. Box 19276
    Springfield, Illinois 62704
    A certification of acceptance and agreement to be bound to
    all terms and conditions of the granted variance.
    The 45-day
    period shall be held in abeyance during any period that this
    matter is appealed.
    Failure to execute and forward the
    certificate within 45-days renders this variance void.
    The form
    of certificate is as follows.
    CERTIFICATION
    I
    (We),
    ,
    hereby
    accept and agree to be bound by all terms and conditions of the
    Pollution Control Board’s
    (date of order)
    in PCB 93-169.

    6
    Petitioner
    Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41
    (1992)) provides for the appeal of final orders of the Board
    within 35 days.
    The Rules of the Supreme Court of Illinois
    establish filing requirements.
    See also 35 Ill. Adm. Code
    101.246 Motions for Reconsideration.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby ce tify that the abo
    inion and order was
    adopted on the
    ~4day of
    _________________,
    1993, by a vote
    of 5~’
    Control Board

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