ILLINOIS POLLUTION CONTROL BOARD
    August
    31,
    1989
    MINNESOTA MINING AND
    )
    MANUFACTURING COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 89—58
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    MR. LEE R.
    CUNNINGHAM AND MR. JEFFREY
    C.
    FORT, GARDNER, CARTON
    &
    DOUGLAS, APPEARED ON BEHALF OF THE PETITIONER; AND
    MS. SUSAN JANE SCHROEDER, ILLINOIS ENVIRONMENTAL PROTECTION•
    AGENCY, APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J.
    Anderson):
    This matter comes before
    the Board on a March
    31,
    1989,
    petition by Minnesota Mining and Manufacturing Company
    (“3M”)
    for
    variance from Subpart
    QQ
    of Part 215 of the air rules, more
    specifically from 35
    Iii.
    Adm.
    Code 215.946,
    from April
    1,
    1989
    to March
    31,
    1991,
    to either modify its process or
    install an
    add—on control
    system at its Bedford Park facility.
    Subpart
    QQ
    regulates Miscellaneous Formulation Manufacturing
    Processes
    (“Generic RACT”);
    it was adopted April
    7,
    1988,
    became
    effective April
    1,
    1989,
    and applies to sources emitting more
    than 100 tons VOM annually.
    On May 11,
    1989,
    the Board granted
    the May
    1,
    1989 motion
    filed by the Illinois Environmental Protection Agency
    (“Agency”)
    for an extension of
    time until May
    31,
    1989 to file its
    recommendation.
    However, by letter received by the Board on May
    19,
    1989,
    the Hearing Officer granted
    the Agency motion ~or
    additional
    time
    to file its recommendation,
    until June
    16,
    1989.
    The Board notes
    that the Hearing Officer’s extension does
    not supersede the Board’s earlier action.
    However,
    in order
    to
    cure what appears
    to be inadvertent error,
    the Board hereby
    affirms the Hearing Officer’s action.
    On June
    16,
    1989,
    the Agency filed
    its recommendation
    to
    grant variance, with conditions;
    on July
    17,
    1989,
    the Agency
    102—2 23

    —2—
    filed an amendment to its recommendation,
    essentially consisting
    of amendments to certain conditions.
    Hearing was held on July
    20,
    1989.
    3M’s variance petition concerns VOM emissions resulting from
    its production of pressure sensitive adhesives at its plant
    in
    Bedford Park,
    Illinois.
    3M believed
    it could comply with the 100 tpy limit by April
    1, 1989, by using process modifications; however, based on a
    consultant’s error, 3M learned on January 31, 1989,
    that
    its
    emissions were over 400 tpy,
    not the 126.9 tpy earlier computed.
    (Ex.
    2)
    Given the greater emissions,
    3M realized it was not
    going
    to be able to timely comply,
    and proceeded to develop a
    two
    year compliance plan.
    The plan commits
    to installing add—on
    technology, most likely thermal oxidizers,
    for
    81 percent
    reduction of its overall emissions subject
    to Subpart QQ
    if
    3M
    cannot reduce its overall emissions below the
    100 tons per year
    through process changes or
    redesign of
    its blending operations.
    3M manufactures pressure sensitive adhesives through two
    different, but similar, processes,
    one of which uses seven ribbon
    blenders,
    the other
    three “moguls.”
    The manufacture of pressure sensitive adhesives requires the
    use of rubber,
    resin, powder, dry ice and a variety of
    solvents.
    3M does not anticipate any change in the raw materials
    used to produce its adhesives.
    A blender cycle lasts fifteen
    to twenty hours, and starts by
    adding approximately one—third of the total solvent followed by
    the initial rubber charge.
    Several hours
    later
    the balance of
    the rubber
    is added.
    Throughout the cycle,
    solids, such as
    rubber,
    are loaded through the blender’s hatch,
    then solvent
    is
    added, and,
    near the end of each cycle, crushed resin
    is added as
    well to yield the desired viscosity.
    After
    a brief
    final mixing,
    the blender’s contents are transferred
    to storage tanks.
    Each
    blender
    is equipped with a condenser, which may have
    a potential
    to reduce emissions.
    The moguls have a cycle
    time of six to eight
    hours.
    A
    mogul’s cycle begins
    by adding rubber
    through its cover
    in the
    absence of
    a solvent.
    The rubber goes through a mastication
    stage, which
    is followed by the addition of
    resin and powder.
    Only near the cycle’s end is solvent added to bring
    the mixture
    to
    its proper viscosity.
    Once obtained,
    the viscous solution
    is
    pumped
    to a storage
    tank.
    The three moguls are ducted to a
    thermal oxidizer
    to control odors,
    not VOMs,
    3M does
    riot
    anticipate installing any control equipment on the moguls.
    Testing
    in 1988 indicates that the blenders and moguls
    emitted
    370 and 45 tons of VOM per
    year,
    respectively,
    totalling
    102—224

    —3—
    415 tons.
    Production and emission levels are steady throughout
    the year.
    Due to the implementation of
    the proposed interim
    measures, 3M anticipates a decline in VOM emissions during the
    life of the variance.
    3M and the Agency have agreed on a timetable for instituting
    the interim measures during the term of the variance.
    The
    interim measures are articulated in the modified recommended
    conditions filed by the Agency on July 17,
    1989.
    3M testified at
    hearing that
    it has already instituted a blender loading program
    to reduce the time the hatches are open;
    designed and completed
    engineering drawings and requested bids for
    a more effective
    blender top to
    reduce leakage; and has installed a small
    prototype solids loading hopper above one blender and ordered
    filter media to address
    the problem of clogging by the resin.
    If
    the improved sealing results
    in emissions greater than
    5 tons
    through each condenser,
    3M will then address controls.
    (R 17—19).
    3M states that
    it will study a closed—loop system to replace
    the blenders, presently estimated to cost between $500,000 and
    $5
    million.
    3M presently estimates that
    a control system will cost
    $1 million.
    Environmental Impact
    The 3M plant
    is
    in Cook County,
    a non—attainment area for
    ozone.
    The Agency notes that the two closest monitors are at
    1850 5.
    51st Avenue, Cicero,
    Illinois and at 84th
    & Kedvale
    Avenue, Chicago,
    Illinois.
    In
    1986,
    neither site exceeded the
    0.12 ppm ozone standard.
    In 1987,
    the Kedvale monitor exceeded
    the standard once,
    at 0.157 ppm and the Cicero monitor exceeded
    it twice,
    at 0.146 ppm and 0.153
    ppm.
    In 1988,
    the Cicero
    monitor exceeded the standard twice,
    at
    0.126 ppm and 0.125
    ppm.
    In April,
    1988,
    the Kedvale site was closed, and the
    monitoring equipment was relocated to 4500 W.
    123rd Street,
    Alsip,
    Illinois.
    The new Alsip monitor exceeded the standard
    twice,
    at
    0.127 ppm and 0.125
    ppm.
    In
    1989,
    neither monitor has
    registered excess ozone.
    The Agency notes that “As
    a major
    volatile organic material source
    in an ozone non—attainment area,
    3M contributes,
    to an unquantified degree,
    to the
    ‘frequent,
    pervasive and substantial’
    violations of
    the ozone ambient air
    quality standard
    in Northern Illinois
    (See EKCO Glaco Corporation
    v.
    IEPA,
    PCB 87—41
    (December
    17,
    1987)).”
    However,
    the Agency
    also notes
    that
    3M expects the VOM emissions
    to decline during
    the term of the variance.
    3M also points out the numerous control and monitoring
    systems
    it has installed over the years,
    including the
    installation of thermal oxidizers, activated carbon absorption
    systems,
    etc. on its various production lines,
    its record of
    unquestioned compliance,
    and its intent
    to donate emissions
    102—225

    —4—
    credits to the state for improvement
    in air quality
    (Pet.
    p.
    10,
    11).
    Compliance with Federal Law
    Until the applicable rules have been approved by the USEPA
    as part of the State Implementation Plan
    (SIP),
    the Agency does
    not believe that the variance needs to be submitted as a SIP
    revision,
    and, should Section 215.946 be approved, the variance
    would be approvable as a SIP.
    In so saying,
    the Agency
    references
    52 Fed.
    Reg.
    26404
    (July 14, 1987),
    wherein the USEPA
    stated that SIP revisions containing post—December 31,
    1987
    deadlines may be approved if the deadline
    is “fixed—near—term”;
    the Agency believes that
    the March 31,
    1991 compliance deadline
    is sufficiently “near term”.
    The Agency also references
    52 Fed.
    Reg.
    36965
    (Oct.
    2,
    1987).
    The Agency also stated that the USEPA
    is taking the position that lack of timely fulfillment of the
    requirements of the 1982 ozone SIP does not
    in itself prohibit
    SIP approval of the
    rule or variance as a SIP revision as long as
    all other criteria for approval are otherwise met.
    (Agency Rec.
    p.
    4,5).
    Board Conclusions:
    The Board accepts the proposed compliance plan as
    appropriately containing increments of progress and interim
    measures to reduce VOM emissions.
    While
    the conditions reflect
    compliance choices, depending on the success of various step-by--
    step compliance methods,
    the plan contains a definite commitment
    to achieve compliance by March,
    1991.
    Considering 3M’s “near
    term” compliance committment,
    its quick
    response to the
    unexpected miscalculation of 3M’s emissions, and the reduction of
    the environmental impact during the term of the variance, the
    Board finds
    that 3M has presented adequate proof
    that compliance
    with 35
    Ill. Adm. Code 215.946 would impose an arbitrary or
    unreasonable hardship.
    Because
    3M could not have realistically
    earlier filed
    for variance,
    the Board will also start
    the term of
    the variance on April
    1, 1989,
    as
    requested.
    This Opinion constitutes the Board’s
    findings of fact and
    conclusions of law
    in this matter.
    ORDER
    Minnesota Mining and Manufacturing Company is hereby granted
    a variance from Subpart QQ
    of Part
    215, specifically
    35
    Ill. Adm.
    Code 215.946, subject
    to the following conditions:
    1.
    This variance shall
    be in effect from April
    1,
    1989
    to March
    31,
    1991.
    102—2
    26

    —5--
    2.
    By September
    1,
    1989,
    3M shall institute a blender
    loading
    program designed to reduce the amount of time the charging
    hatches are open during the loading of solids thereby
    reducing peak emissions.
    This program shall include, at
    a
    minimum, opening the charging hatches only while solids are
    being added
    to the blender and closing the hatches while
    carts of solids are being retrieved from storage.
    3.
    By July
    1,
    1990,
    3M shall install tops on each of its
    blenders.
    These tops will be designed
    to reduce VOM losses
    from the blenders, compared to current tops,
    by reducing
    vapor
    leakage along the rim and hatch edges and through any
    hinges.
    After March
    31, 1990,
    3M shall use temporary
    sealing measures
    (e.g. measures similar
    to those used during
    testing) on all blenders that do not have new blender tops.
    4.
    3M shall attempt to minimize emissions through the blender
    hatches by replacing hatch loading with a solids handling
    system to deliver
    the solids and resins to the blenders
    without the need to open the hatches.
    The following steps
    will be taken:
    a)
    By January
    1,
    1990,
    3M shall position a solids loading
    hopper well above one blender
    top.
    By
    February
    1,
    1990,
    3M shall report,
    in writing, to IEPA on the
    results.
    This report will include a plan,
    including
    dates, by which
    3M will implement solids handling
    system on each of its blenders,
    if the hopper can be
    operated effectively from this position without
    plugging caused by solvent vapors.
    b)
    If the system
    in
    (1) above cannot
    be utilized
    effectively due to plugging, by April
    1,
    1990,
    3M shall
    install a system whereby carbon dioxide
    is used as
    a
    purge into the dump chute from the hopper
    to keep the
    blender’s solvent vapors from reaching the resin
    hopper.
    By May
    1,
    1990,
    3M shall report
    in writing
    to
    IEPA on the results.
    If this system can be effectively
    operated without plugging,
    this
    report shall
    include
    a
    plan,
    including dates,
    by which
    3M shall install and
    operate such
    a system on each blender.
    5.
    3M shall investigate the potential
    for reducing emissions
    through the condensers.
    By February
    1,
    1990,
    3M shall
    report
    in writing to
    IEPA on the results considering
    the
    experience with new blender tops and the solids loading
    hopper(s)
    to that point.
    This report
    shall include
    the
    emission reduction estimates per blender and
    a plan,
    including dates,
    by which
    3M shall provide interim
    improvements for more effective condensation
    of the solvent
    vapors in the condenser,
    to the extent possible based upon
    available data.
    By May
    1,
    1990,
    3M shall submit
    a final
    1fl2—227

    —6—
    report considering further experience with new blender tops
    and solids loading hoppers.
    This report shall provide the
    final plan for the interim improvements to the condensers on
    each blenders.
    These condenser improvements will be implemented if the
    interim control measures listed below will
    reduce emissions
    by
    5 tons per year per blender using methods
    1 and br
    2
    below.
    If emissions cannot be reduced by
    5 tons per year
    per blender using methods
    1 and/or
    2 below,
    3M will
    implement improvements
    if the interim control measure will
    reduce emissions by 10 tons per year per blender using
    method
    3 below.
    Methods
    1,
    2 and
    3 are as follows:
    1.
    using chilled water
    in the condensers
    2.
    refrigerating the condensers or
    3.
    replacing the condensers with more effective
    condensers.
    3M shall implement improvements
    to the condensers of each
    blender as soon as possible after the blender tops are
    in
    place and cost estimates are received.
    6.
    If
    3M chooses
    to achieve compliance through the use of
    kettles,
    the February
    1,
    1990, written notification to IEPA
    shall include
    a statement as
    to which interim control
    measures will be pursued and why.
    7.
    3M shall submit
    to IEPA every quarter
    a report describing
    in
    detail the progress made in the previous three months
    in:
    1)
    the studying and testing of various modifications of the
    manufacturing process of pressure sensitive adhesives,
    2)
    the design, construction and installation of add-on control
    equipment or new compounding equipment,
    and
    3)
    the progress
    made
    in the previous three months
    in employing the interim
    control measures.
    B.
    Quarterly reports shall
    be submitted to IEPA’s regional
    office
    in Maywood and the Permit Section
    in Springfield
    within
    20 days of
    the end of the quarter.
    Illinois Environmental Protection Illinois Environmental
    Agency
    Protection Agency
    Division of Air Pollution
    Division of Air Pollution
    Control
    Control
    The Intercontinental Center
    Permit Section
    1701 First Avenue
    2200 Churchill Road
    Maywood,
    IL
    60153
    Springfield,
    IL
    62702
    9.
    The quarterly report shall include a summary of actions
    taken,
    any determinations made as
    to VOM emissions and
    feasibility of
    corftrol measures, any decision made as
    to the
    102—228

    —7—
    particular control measures
    to be pursued,
    the reports of
    any further emissions tests performed on equipment subject
    to Subpart
    QQ,
    and an estimate of the current level
    of VOM
    emissions using mass balance computations.
    10)
    Within 45 days of the date
    of this Order,
    Petitioner shall
    execute and forward to Bobella Glatz,
    Enforcement Programs,
    Illinois Environmental Protection Agency,
    2200 Churchill
    Road,
    Springfield, Illinois 62794—9276,
    a Certification of
    Acceptance and Agreemerit
    to be bound
    to all terms and
    conditions of this variance.
    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 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), Minnesota Mining and the Manufacturing Company,
    having
    read the Order
    of the Illinois Pollution Control Board,
    in
    PCB 89—58,
    dated August
    31,
    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
    Section
    41 of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1987
    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.
    102—229

    —8—
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was
    adopted on the
    ~
    day of
    ____________,
    1989, by a vote
    of
    ~
    .
    z;~.
    ~4~’-~.
    D rothy
    M.
    unn,
    Clerk
    Illinois Pollution Control Board
    102—230

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