ILLINOIS POLLUTION CONTROL BOARD
    September 13, 1989
    AMERICAN NATIONAL CAN
    )
    COMPANY (Hoopeston Plant),
    )
    )
    Petitioner,
    v.
    )
    PCB 89—83
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by B. Forcade):
    On May 12, 1989, American National Can Company, Hoopeston
    Plant (“ANC”) filed a petition for variance from 35 Iii. Adm.
    Code 2l5.204(b)(6) as it relates to a new 307 diameter gang end
    press from June 1, 1989 until November 1, 1989. On July 10,
    1989, the Illinois Environmental Protection Agency (“Agency”)
    filed a recommendation that variance, “be granted on terms
    consistent with the forthcoming decision of the Board in American
    National Can v. IEPA, PCB 89-68.” (Rec., p. 1.) A hearing was
    held on July 19, 1989. No testimony was offered at the
    hearing. No briefs were filed.
    ANC operates a facility located in Hoopeston, Vermilion
    County, Illinois which manufactures metallic can bodies and can
    ends used primarily in the food industry. The facility employs
    155 people. During the manufacturing process, end-sealing
    compounds are applied to can ends. End—sealing compounds contain
    volatile organic material (VOM), the emissions of which are
    regulated by 35 Ill. Adm. Code 2l5.204(b)(6). The new 307
    diameter gang end press will produce can ends to which the end-
    sealing compound is applied.
    The application of end—sealing compounds has been the
    subject of a variance from the requirements of 35 Ill. Adm. Code
    215 since February 5, 1981, when the Board granted an initial
    variance to ANC’s predecessor, American Can Company, from former
    Rules 104(c), 205(rn)(l)(B) and 205(n)(l) of Chapter 2, codified
    as 35 Ill. Adm. Code 201.243, 215, Appendix C, and 215.204(b),
    respectively, until October 1, 1984. PCB 80—213. As set out in
    the Board’s February 5, 1981 Opinion and Order in PCB 80—213,
    American Can intended to achieve compliar)ce through reformulation
    to low—solvent coatings, application of the offset provisions of
    former Rules 204 and 205 and transfer to other states some
    processes which were not amenable to reformulation. PCB 80—213,
    p. 2. On January 24, 1985, the Board granted the Hoopeston Plant
    103—39
    —2—
    a variance from 35 Ill. Adm. Code 215.Appendix C, 215.202 and
    215.204(b)(5) and (6), subject to conditions, until December 31,
    1987. (PCB 84—106.) The Hoopeston facility was unable to
    completely comply with the applicable emission limitation for
    end—sealing compounds by the expiration of the variance on
    December 31, 1987. Accordingly, ANC filed for an extension of
    variance on May 19, 1987, with the First Amended Petition being
    filed on July 27, 1987, and a Second Amended Petition being filed
    on November 6, 1987. (PCB 87—67.) On February 25, 1988, the
    Board granted ANC’s variance from 35 Ill. Adm. Code 215.204(b)(6)
    from January 1, 1988, to December 31, 1988, subject to
    conditions. ANC’s compliance plan in support of its variance
    request was two—fold. ANC would achieve compliance with Section
    2l5.204(b)(6) either by the utilization of compliant end—sealing
    compounds, or in the event that compliant end—sealing compounds
    could not be utilized, by the installation of VOM control
    equipment.
    On December 14, 1988, ANC submitted an Alternative Control
    Strategy (ACS) permit application to the Agency in accordance
    with 35 Ill. Adm. Code 202 for its end—sealing operation at the
    Hoopeston facility. Revisions to this application were submitted
    on February 10, 1989, and March 20, 1989. On April 5, 1989, the
    Agency denied ANC’s ACS permit application on the basis that
    environmental equivalence was not established pursuant to 35 Ill.
    Adm. Code 202.306. This decision was appealed to the Board on
    April 18, 1989. (PCB 89—68.)
    The 307 diameter gang end press, which is the subject of
    this variance petition, replaces the 211 diameter gang end press
    which was included in ANC’s variance petition in PCB 88—203.
    (Pet., par. 8.) According to ANC’s permit application, the
    estimated annual VOM emissions from the 307 diameter press are
    48.3 tons, as compared to 40.1 tons per year from the 211
    diameter press. The Agency has calculated the allowable
    emissions from the 307 diameter press to be 28.4 tons per year.
    The emissions at issue are volatile organic compounds, which
    contribute to the formation of ozone. High levels of ozone can
    have adverse health effects on the elderly, on school children
    and persons with respiratory and cardiac problems. However, the
    Agency believes that the variance sought by ANC for its 307
    diameter gang end press will not adversely affect air quality,
    particularly since the emissions from ANC’s single—and—double die
    presses are already controlled. ANC’s plant is located in
    Hoopeston, Vermilion County, which is an attainment area for
    ozone, a criteria pollutant for which there are identical state
    and federal air quality standards (0.12 ppm 235 ug/mi). (Rec.,
    pp. 6-7.)
    In its petition for variance ANC states that denial of its
    variance recommendation would constitute an arbitrary and
    unreasonable hardship in that it will be in compliance with
    103—40
    —3—
    Section 215.204(b)(6) at the end of the variance period (November
    1, 1989) and business conditions are such that the 307 diameter
    gang end press must be installed and operated as soon as
    possible. Pet., par. 9. The Agency believes that it would be an
    unreasonable and arbitrary hardship to deny ANC a• variance
    consistent with the Board’s opinion in PCB 89—68.
    Based on the facts presented, the Board concludes that it
    would constitute an arbitrary and unreasonable hardship to
    require immediate compliance with 35 Ill. Adm. Code 2l5.204(b)(6)
    by ANC’s 307 diameter gang end press. The Board will therefore
    grant the requested variance. Since the Agency has not requested
    any reporting requirements or interim emission limitations, the
    Board will not impose any.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law on this matter.
    ORDER
    The Board hereby grants American National Can, Hoopeston
    Plant, a variance from 35 Ill. Adm. Cod 2l5.204(b)(6) for its 307
    diameter gang end press. This variance shall commence on June 1,
    1989 and expire on November 1, 1989.
    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.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certi.fy that the above~Opinionand Order was
    adopted on the /~~day of
    ____________________
    ,
    1989, by a
    vote of 7—ti)
    .
    I 11 i no
    ution Control Board
    103—4 1

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