ILLINOIS POLLUTION CONTROL BOARD
November
2,
1989
AMERICAN NATIONAL CAN
COMPANY,
Petitioner,
)
PCB 88—203
(Variance)
v.
)
Consolidated
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
AMERICAN NATIONAL CAN
)
COMPANY,
Petitioner,
)
PCB 89-83
)
(Variance)
v.
)
Consolidated
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by N. Nardulli):
This matter comes before the Board on a “Motion to Consolidate
and Modify
Board
Orders
in
PCB
88-203
and
PCB 89-83”
filed
by
petitioner
American National
Can
Company
(“ANC”)
on
October
2,
1989.
On August 31,
1989, the Board entered an Opinion and Order in
PCB 88-203 granting ANC a variance extension from 35 Ill. Adm. Code
215.204(b) (6)
governing emissions
from can coating manufacturing
plants until November
1,
1989 or until the Illinois Environmental
Protection Agency (“Agency”) issues an Alternative Control Strategy
permit, whichever occurs first.
On September 13,
1989,
in PCB 89-
83, the Board granted ANC a variance from Section 215.204(b) (6)
as
it relates to ANC’s
307 diameter gang end press1 until November
1,
1989.
In both of these matters, ANC’s compliance plans called for
the pursuit of an ACS permit.
By its instant motion, ANC seeks to consolidate PCB 88-203 and
PCB 89—83 for purposes of obtaining an extension of both variances
until ANC obtains an ACS permit.
The relief sought by ANC is a 5-
~The 307 diameter gang end press replaced ANC’s 211 diameter
gang end press which was used in one of the processes for which the
variance extension was sought in PCB 88—203.
105 31
2
month variance extension; however, ANC’s has sought this relief by
filing
a
“Motion
for Modification”
rather
than a
“Petition
for
Extension of Variance” pursuant to 35
Ill. Adm.
Code 104.123.
In
this
cause,
ANC seeks an extension of the variances granted in PCB
88—203 and PCB 89-83 because it has been unable to secure an ACS
permit by
Noveirther
1,
1989 as anticipated in the prior variance
proceedings.
Therefore,
the main
issue here
is
whether
ANC
is
entitled to an extension of the two variances on the basis that the
Agency will not be able to issue the ACS permit prior to April
1,
1990.
Because of the narrow scope
of this issue and because the
issuance of an ACS permit was previously considered by the Board
in granting the two variances,
this matter will be dealt with by
way
of
a
“Motion
for
Modification”
rather
than
requiring
a
“Petition
for Extension.”
In treating
the
instant
filing
as
a
“Motion
for Modification”
rather
than
requiring ANC
to
file
a
“Petition for Extension,” the requirements
of Section 104.123 of
the Board’s Procedural Rules are hereby suspended for purposes of
the instant proceeding.
There are two issues to be addressed:
(1)
whether PCB 88—
203 and PCB 89-83 should be consolidated for purposes of granting
a variance
extension;
and
(2)
whether
ANC
should
be
granted
a
variance extension until the Agency issues
ANC
an ACS permit.
In
support of consolidation, ANC states that both PCB 88—203 and PCB
89-83 relate to
ANC’s
Hoopeston facility end-sealing operation and
that both proposed obtaining ACS permits as compliance plans.
In
support
of
its
request
for
an
extension to
April
1,
1990,
ANC
states that the Agency has stated that
it will require the
full
statutory time period to issue the ACS permit in order to allow for
public notice, comment and hearing.
Consequently, the Agency will
be unable
to
issue
an
ACS permit prior
to April
1,
1990.
The
Agency has failed to respond to the instant motion.
ANC’s motion for consolidation of PCB 88-203 and PCB 89—83 is
granted.
The Board also finds that the proposed 5-month extension
of the variances granted in PCB 88-203 and PCB 89-83
is justified.
In both prior proceedings,
it was anticipated that the issuance of
the ACS permit would likely occur
on or about November
1,
1989.
The Agency has been unable to issue the ACS permit until April
1,
1990.
Therefore,
ANC’s
Motion
for
Modification
of
the
prior
variances is granted and the variances are extended through April
1,
1990.
In all other respects, the terms of the variances remain
unchanged as set forth below.
PCB 88—203
Petitioner
is hereby granted an extension of the variance
in
PCB 89—67 from 35 Ill. Adm.
Code Section 215.204(b) (6), subject to
the following conditions:
1.
This variance
shall
be
effective
from January
1,
1989 through April
1,
1990;
1fl5~-32
3
2.
Emissions of the VOMs from Petitioner’s Hoopeston
facility shall remain less than 250 tons/year;
3.
During
the
period
of
variance,
the
alternative
emission limitation applicable to ANC’s end—sealing
compounds
shall
be
4.4 pounds of volatile organic
material per gallon,
minus waster computed
from
a
running total
of 12 months of data;
4.
The plans and reports specified to be submitted to
the Agency under this variance shall be sent to the
following address:
Illinois Environmental Protection Agency
Division of Air Pollution Control
1340 North 9th Street
Springfield,
Illinois,
62706
PCB 89-83
The
Board
hereby
grants
American
National
Can,
Hoopeston
Plant,
a variance from
35
Ill.
Adm.
Code 215.204(b)(6)
from
its
307 diameter gang end press.
This variance shall commence on June
1,
1989 and extend through April
1,
1990.
Within forty five
(45)
days after the date of this Order the
petitioher shall execute and send to:
Ms.
Bobella Glatz
Enforcement Attorney
Illinois Environmental Protection Agency
2200 Churchill Road
P.O.
Box 9276
Springfield,
Illinois 62794—9276
a certification of this acceptance
of this variance by which
it
agrees to be bound by it~terms and conditions.
This variance shall be void if petitioner
fails
to
execute
and forward the certificate within the forty-five
(45) day period.
The forty-five
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:
Within
45 days of the date of this Order, Petitioner
shall execute and forward to Bobella Glatz, Enforcement
Programs,
lllinois Environmental Protection Agency,
2200 Churchill Road,
Springfield, Illinois 62794—9276,
a Certification of Acceptance and Agreement to be bound
to all terms and conditions of this variance.
Failure
to execute and forward the Certificate within 45 days
105~33
4
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),
American National Can Company, having read the
Order of the Illinois Pollution Control Board,
in PCB 88-203 and
PCB 89—83,
dated november 2,
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
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act,
Ill.
Rev.
Stat.
1985,
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.
I,
Dorothy M. Gunn,
Clerk of the Illinois Pollution
Control Board hereb~ycertify that the above Order was adopted on
the
~
day of
_______________,
1989 by a vote of
_________
~i.
~
Dorothy M.~óunn, Clerk
Illinois Pollution Control Board
105--34