ILLINOIS POLLUTION CONTROL BOARD
April
26, 1990
IN THE MATTER OF:
THE SITE—SPECIFIC PETITION
)
R88—19
OF ROADMASTER CORPORATION
)
(Rulemaking)
ADOPTED RULE.
FINAL ORDER
OPINION AND ORDER OF THE BOARD
(by
B.
Forcade):
This matter
is before the Board
on
a petition
for a site—
specific
rulemaking
filed July
19,
1988 by Roadmaster Corporation
(“Roadmaster”).
Roadmaster
seeks
relief from the Board’s
limitations on the maximum permissible volatile organic matter
(“VOM”)
emissions from two flowcoater units
at its manufacturing
facility near Olney,
in Robinson County,
Illinois.
A public hearing occurred on October
25,
1988
at Olney.
Roadmaster supplemented
the record on November
3,
1988,
and
Roadmaster and the Environmental Protection Agency
(“Agency”)
submitted
a stipulation on November
7,
1988.
The Department
of
Energy and Natural Resources submitted
its negative declaration
that an economic impact study was unnecessary on December
7,
1988, and the Environmental and Technical Committee submitted
its
concurrence on January
5,
1989.
Roadmaster submitted a post—
hearing brief
on January
20,
1989.
The Agency submitted
a
response brief on March
10,
1989.
Roadmaster manufactures
bicycles,
toy wagons,
tricycles,
exercise equipment,
and various related
items
at its
17 acre
Olney,
Illinois,
factory.
It began in 1982 after a purchase
of
this facility from
AMF
by the present owners.
Roadrnaster
competes in both the U.S and foreign markets.
It
is the only
surviving manufacturer
of bicycles
in Illinois.
It
is one of
only four remaining domestic producers
of bicycles and one of ten
wagon producers.
Other manufacturers either moved
their
operations overseas
to remain competitive or went out
of
business.
In fact,
Roadmaster came
into existence
~hen
AME’
planned
the closure
of
this plant
in
1982.
AMF
lost
S8 million
on this operation
in
1981 and $10 million in
1982,
Roadmaster
has stabilized tricycle output and increased
toy wacon output
since taking over
the facility.
IX.
4
&
29;
R.
28—49
& 123—24.
Roadmaster produces about 685,000 tricycles and
315,000 wagons
each year.
Its share of
the domestic tricycle market increased
from 60 percent
in 1986
to
67 percent
in 1988~
Its share of
the
domestic wagon market
increased from 20
to 30 percent
in this
same period.
Crawford County is an attainment area for ozone.
See
40 CER
81.314
(1988).
The neareast non—attainment areas are East
St.
llfl-441
—2—
Louis
(120 miles west),
Indianapolis
(150 miles northeast),
and
Chicago
(230
miles
north).
The Effingham,
Illinois,
monitoring
station
(40 miles northwest)
indicated
rio ozone excursions
from
1984
through 1987.
The Marion,
Illinois,
station
(80 miles
southwest and now closed)
showed none for
1984 through 1986.
Ix.
25;
R.
112.
In support
of its request for relief, Roadmaster highlights
the fact that its largest domestic competitor,
Huffy Corporation
at Celina, Ohio,
recently obtained
a site—specific exception
for
its VOM emissions.
Roadmas:er believes that
this
relief confers
a competitive advantage on Huffy.
R.
37.
Celina, Ohio,
is an
attainment area,
and the Ohio rule does not allow an increase
in
emissions,
so the U.S.
Environmental Protection Agency approved
it as
a revision to Ohio’s State
Implementation Plan.
Ix.
26
(a
copy of
52 Fed.
Reg.
10241—42
(Mar.
31,
1987))
Nov.
3,
1988
Supplement
to Record
(copy of Ohio Adm.
Code 3745—2l—09(U)(2)(j)
(The Huffy Corporation site—specific exception)).
Roadmaster
also highlights a site-specific VOM exception the Board proposed
for John Deere Harvester-Moline
for its flowcoating operations
in
R87—l.
R.
118;
see Ex.
27
(copy
of R87—l May 19,
1988 Proposed
Opinion and Order,
now codified as
35
Ill.
Adm.
Code
215.206(c)).
For the foregoing reasons, Roadmaster requests that the
Board adopt a site—specific
rule granting
it an exception
for the
VOM emissions from its black and white flowcoaters.
Roadmaster
requests
a ceiling of
5.9 pounds of VOM per gallon of
paint,
which would allow running exclusively black
paint with
modest
margin for variation
(0.16 lb/ga).
R.
64.
Roadmaster
also
requests that the Board base the rule on weekly averaging,
to
account
for daily and seasonal variations.
R.
63.
Roadmaster
maintains
that this requested relief does not embrace new
flowcoaters, but only
the existing units
——
to allow
their
continued present operation.
R.
70.
This
is the extent
of
relief that the State of Ohio granted Huffy.
R.
151—52.
The
weekly average basis derives
from the
relief the Board granted
Deere.
R.
118
The Board today adopts a rule that grants the requested
relief with conditions substantially similar
to those stipulated
by the Agency and Roadmaster.
The record supports several
conclusions favoring such relief.
First, Roadmaster
is located
in an attainment area for
ozone.
Second,
the estimated VOM
emissions
in excess of the present
rule would not likely cause or
contribute
to
a violation
of
the NAAQS
for ozone.
Finally,
requiring Roadmaster
to achieve compliance with the existing rule
would impose an economic hardship
on
Roadmaster.
Therefore,
site—specific relief from
the general~’—applicable rules
is
warranted
for Roadmaster.
However,
the Board
is sensitive
to the concerns underlying
the Agency’s request
for conditions.
It. is possible
that
further
diligence
on Roadmaster’s
part over
time might disclose
a corn-
11(1—442
—3—
pliant coating
that would allow Roadmaster
to achieve compliahce
with the general em~.ssionslimitations
at
a reasonable
cost and
without unacceptable degradation of product quality.
For
this
reason,
the Board proposed the suggested conditions with modifi—
cations.
As a result of First Notice publication in the Illinois
Register,
13
Ill.
Req.
12384,
July
28,
1989,
the Board
found that
certain revisions were appropriate.
Section 215.214(d)
now
establishes a specific economic benchmark
for when
a
new
compliant paint should be adopted for use.
Section 215.215(e)
provides
for automatic termination of the site—specific relief on
January
1,
2000.
These
revisions are reflected
in today’s Final
Opinion and Order.
In addition,
in response
to the Joint Committee on
Administrative Rule’s recommendations, Section 215.214(b)
has
been revised so that the language maintains Roadmaster’s
responsibility
to test
new paints,
yet
is more specific.
ORDER
The Board hereby adopts
the following rule and directs
that
it be filed with the Secretary of
State and published as
a final
rule.
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE
B:
AIR POLLUTION
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
C:
EMISSIONS STANDARDS AND LIMITATIONS FOR
STATIONARY SOURCES
PART
215
ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS
SUBPART
F:
COATING OPERATIONS
Section
215.202
Compliance Schedules
215.204
Emission Limitations
for Manufacturing Plants
215.205
Alternative Emission Limitations
215.206
Exemptions
from Emission Limitations
215.207
Compliance
by Aggregation of
Emission Sources
215.208
Testing Methods
for Solvent Content
215.209
Exemption from General Rule on Use of Organic
Mater ial
215.210
Alternative Compliance Schedule
215.211
Compliance Dates and Gecgraohicäl Areas
215.212
Compliance Plan
215.213
Special Requirements
for Compliance Plan
215.214
Roadmaster
Emissions Limitations
11 O—4!~3
—4—
Section 215.214
Roadmaster Emissions Limitations
Notwithstanding the limitations of Section 215.204(j)(3),
the
Roadmaster Corporation, Olney,
Illinois,
shall
not cause or
permit the emission of volatile organic material from its
existing black and white flowcoating operations
to exceed a
weekly average of
5.9
lb/gal; Roadmaster shall
fulfill all
of the
following conditions:
a)
Roadmaster
shall contact at
least
three paint vendors
each year
in
a continuing search
for
a compliant coating
that
it can successfulv
use
in its existing
flowcoat—
ing,/oven operations,
including any paint vendors
suggested by
the Agency
in
a writing delivered
to
Roadmaster by certified mail
b)
If any vendor provides Roadmaster with laboratory
test
results which demonstrate
that Roadmaster may be able
to
use the vendor’s paint
in its existing flowcoater and
oven as a substitute
for
the existing paint,
Roadmaster
will conduct production
tests
of that paint
C)
Roadmaster 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 Roadmaster’s compliance with the foregoing
conditions contained
in subsections
(1) and
(2), above
d)
If Roadmaster locates
a compliant paint
that
it can
successfully use in
its existing flowcoating operations,
and the net annual expense of using the compliant paint
is not more than
10 percent greater than the then
current net annual expense incurred
in the existing
painting process, Roadmaster
shall convert
its present
flowcoating operations
to the use of
that paint within
180 days
after
the final successful
testing of such
a
paint;
and
e)
This Section
shall
expire on January
1,
2000,
at which
time Roadmaster
shall
comply with the provisions
that
generally apply
to VOM emissions.
(Source:
Added at
Ill.
Req.
____
,
effective
______________
IT
IS
SO ORDERED.
1
10—4LL4
—5—
I, Dorothy
M.
Gunn, Clerk
of the Illinois Pollution Control
Board,
hereby certify
that ~he above Second Notice Opinion and
Order was adopted on the --~-~Oday of
(~T
~
(
1990,
by
a vote of
7~
.
~
~i../
J2.
‘~
Dorothy M. G~nn,Clerk
Illinois Pçllution Control Board
1
lfl——445