ILLINOIS POLLUTION CONTROL BOARD
July 22,
1993
CONTINENTAL WHITE CAP,
INC.,
)
Petitioner,
)
v.
)
PCB 92—155
)
(Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by R.C.
Flemal):
This matter comes before the Board on a joint motion to
modify filed July 12,
1993 by White Cap,
Inc.
(White Cap),
previously known as Continental White Cap,
Inc.,
and the Illinois
Environmental Protection Agency (Agency).
By order of April
22,
1993 the Board granted White Cap a variance for up to one year
from requirements of the Board’s air pollution control
regulations found at 35 Iii.
Admn. Code 218.105, 218.205,
218.207,
and 218.211.
Grant of variance was contingent upon several
conditions.
White Cap and the Agency seek modification of
condition
(4).
Condition
(4)
as attached to the April
22,
1993 grant of
variance provides:
(4)
CWC shall develop a program that provides for the
upgrade of the incinerator that controls emissions from
the tandem coating lines 8A,
9A and PC1O and the
incinerator that controls emissions from multiple
coating lines C-6 and C-7 with a goal towards achieving
a VON loading destruction efficiency of 90 percent and
shall submit the program to the Agency in writing for
comment and approval by Nay 15,
1993.
CWC shall
complete this program, which includes the destruction
efficiency testing, within ninety
(90) days of receipt
of the Agency’s comments and approval of the program.
CWC shall submit a written report of the test results
within sixty
(60) days of the destruction efficiency
testing.
White Cap contends the it has complied with condition
(4)
in
that it has developed
a program that provides for upgrade of the
—2—
incinerators1 #5 and #6 that control emissions from coating
lines C—6 and C-7 and the tandem coating lines
8A,
9A, and PC1O.
White Cap further contends that this program was submitted to the
Agency on Nay
11, 1993,
also in accordance with condition (4).
However, White Cap submits that
it has identified additional
improvements that it wishes to make to incinerators #5 and #6,
but that are no longer achievable under the original deadlines of
condition
(4).
The improvements involve installing new catalyst
blocks in the two incinerators.
White Cap contends that
completion of designs, obtaining construction permits, and
receiving and installing the new blocks will require until
January,
1994; only thereafter can the destruction efficiency
tests and reporting requirement,
as currently required by
condition
(4),
be carried out.
White Cap contends that the additional improvements will
upgrade the incinerators beyond that required pursuant to
condition
(4).
Accordingly, White Cap and the Agency request that condition
(4)
be modified to accommodate the additional improvements to
incinerators #5 and #6.
The motion of White Cap and the Agency is hereby granted.
Normally when the Board modifies a variance,
it reissues the
whole variance with only the paragraph-at-issue changed.
This is
done so that
a complete version of the active variance and its
conditions continues to exist in a single document.
The April 22
version of the instant variance was issued in such form, however,
that simple repletion of paragraphs
(3)
and
(5) would produce
uncertainty whether compliance dates toll from April 22 or from
today.
Accordingly,
some rephrasing of conditions
(3)
and
(5)
has also taken place to remove any potential ambiguity.
The Board notes that White Cap will need to submit a new
Certificate of Acceptance to effectuate the variance as today
granted.
The April 22,
1993 version of the variance will
terminate upon today’s variance becoming effective.
ORDER
Petitioner,
White Cap,
Inc.
(White Cap)
(formerly known as
Continental White Cap,
Inc.),
is hereby granted variance from 35
Ill.
Adm. Code 218.105,
218.205,
218.207, and 218.211 for its
1
White Cap refers
in the pleading to the devices in
question as both “afterburners” and “incinerators”.
The latter
term is used herein in deference to the usage in the original
condition
(4).
—3—
facility located at 1819 North Major Avenue in Chicago, Illinois.
This grant of variance is subject to the following conditions:
(1)
Variance terminates on July 1,
1993.
(2)
Condition
(1)
notwithstanding,
if the United States
Environmental Protection Agency makes its final
determination on
White
Cap’s federal implementation plan
(FIP)
amendment after July
1,
1993,
variance terminates on
the date of that final action or on April
22,
1994,
whichever is earlier.
(3)
White Cap shall submit to the Agency,
in writing,
an
operation and maintenance program for the coating line VON
control systems within 30 days after April
22,
1993.
This
program must address the operation and maintenance of the
entire length of the coating lines starting from the
applicators, including wash-up solvents, through the bake
ovens and afterburners.
The program must focus on
minimizing VON emissions along the coating lines and provide
for continuous monitoring of the temperature rise across
each catalytic afterburner bed.
(4)
White Cap shall develop a program that provides for the
upgrade of the incinerator that controls emissions from the
tandem coating lines 8A,
9A and PC1O and the incinerator
that controls emissions from multiple coating lines C—6 and
C-7 with a goal towards achieving a VON loading destruction
efficiency of 90 percent.
•White Cap shall submit the
program to the Agency
in writing for comment and approval by
May 15,
1993.
White Cap shall complete installation of
modifications to the incinerators,
including obtaining
construction permits, by January
3,
1994.
White Cap shall
conduct destruction efficiency testing on the modified
incinerators on or before March
1,
1994,
and shall submit a
written report of the test results to the Agency on or
before April 22,
1994.
(5)
White Cap shall keep daily records of the following
items starting on April 22,
1993:
(a)
Amount of each coating used in each coating line;
(b)
VON content of each coating applied
(lb. VOM/gal
of solids);
(c)
Required overall efficiency of the capture system
and control device for each coating line pursuant
to Section 218.105(e);
and
(d)
Weight of VOM per volume of coating solids applied
daily on each coating line
(VONa,
pursuant to
Section 218.105(e) (2)).
—4—
(6)
White Cap shall prepare a monthly report for Agency
inspection on the daily records required in paragraph
(4)
above.
The report must also demonstrate White Cap’s
compliance with Section 218.207(b)(2).
White Cap shall
submit one copy of the monthly compliance demonstrations on
a quarterly basis to each of the following Agency offices:
Illinois Environmental Protection Agency
Bureau of Air
2200 Churchill Road,
P.O. Box 19276
Springfield, Illinois 62794—9276
Attn:
Permit Section Manager
Illinois Environmental Protection Agency
Division of Air Pollution Control
Intercontinental Center
1701 First Avenue
Maywood,
Illinois 60153
Attn:
Cezary Kryzmowski
Within 45 days of the date of this order,
Petitioner shall
execute and forward to Ann Zwick, Division of Legal Counsel,
Illinois Environmental Protection Agency,
2200 Churchill Road,
Post Office Box 19276,
Springfield, Illinois 62794—9276,
a
Certification of Acceptance and Agreement to be bound to all
terms and conditions of this variance.
The 45—day period shall
be held in abeyance during any period that this matter is being
appealed.
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 form of said Certification shall be as follows:
CERTIFICATION
I
(We),
hereby accept and agree to be bound by all terms and conditions
of the order of the Pollution Control Board in PCB 92-155, July
22,
1993.
Petitioner
Authorized Agent
Title
Date
—5—
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act, 415 ILCS
5/41
(1992), provides for 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, h~rebycertify
tha.t
the above order was adopted on the
_________
day of ______________________,
1993,
by a vote of
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V
E
Dorothy M.
Gunñ, Clerk
Illinois PollUtion Control Board