ILLINOIS POLLUTION CONTROL BOARD
June
22,
1989
MINNESOTA MINING AND
MANUFACTURING COMPAL~Y,
Petitioner,
v.
)
PCB 89—51
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
LEE CUNNINGHAM,
ESQ.,
OF GARDNER, CARTON AND DOUGLAS, APPEARED ON
BEHALF OF THE PETITIONER.
SUSAN SCHROEDER,
ESQ.,
APPEARED ON BEHALF
OF
THE
RESPONDENT.
OPINION AND ORDER OF THE BOARD (by M. Nardulli):
Tnis matter
comes before the Board
on
a March 14,
1989
Petition
for Variance Extension filed on behalf
of the
petitioner, Minnesota Mining and Manufacturing Company
(3M).
3M
seeks an extension of
the variance from
35
Iii.
Adm.
Code
215.204(c)
and 215.207, which relate
to volatile organic material
(VOM) emissions, granted
by the Board
in the Opinion and Order
for PCB 88—14.
The original variance,
as amended
by
a Board
order
on May 11, 1989,
expired
on April
1,
1989.
In this filing,
the
petitioner
requests
that
the
variance
be
extended
until
July
1,
1989
to allow
3M time
to perform compliance
testing of
repaired
equipment.
The Illinois Environmental Protection
Agency (Agency) filed
a variance recommendation on April
19,
1989
in support
of the
grant
of the extension.
At the request
of
the petitioner,
a
public
hearing
was
held
on
May
12, 1989
in Chicago,
Illinois.
One person testified
for the petitioner and
no members
of the
public
were
present.
The
parties
agreed
that
no
post—hearing
briefs would
be filed.
Based on the record,
the Board
finds
that
denial
of the extension would impose
an arbitrary or
unreasonable
hardship on the petitioner.
Therefore,
the Board will grant
the
extension
until
August
1,
1989.
The February 2,
1989
Opinion and Order
for PCB 88—14 sets
forth
all
the
necessary
information
concerning
this
matter
except
for events which have occurred subsequent
to the order.
Since
the end
of
1988,
thermal oxidizers have
been fully operational on
100—26 1
—2—
3M coating lines
2G,
3G and
4G.
However, emission testing on the
lines was delayed because of cracks
in the primary heat exchanger
of the 2G oxidizer
and because the temperature
in the
3G oxidizer
was fluctuating during the hot side by—pass phase.
During the
week
of January 9, 1989 the thermal oxidizers were inspected.
The following additional problems were identified:
a.
Stack failures on all oxidizers due to
excessive stack temperatures
b.
Seat exchanger cracks
in all oxidizers
caused by mechanical stress from heating
and cooling
c.
Burner plate failures
in all oxidizers
resulting from the
failure
of welds on the
burner assembly
d.
Cracked insulation blocks
in all oxidizers
e.
Loss of temperature control
in the bypass
phase
of the
3G oxidizer.
3M
indicates that
it can meet
the following schedule for
repairing the three oxidizers:
a.
Procurement of materials:
February 27
to
March
3,
1989.
b.
Prefab
(offsite)
of
repair assemblies:
~4arch6 to March
17, 1989.
c.
Begin on—site repairs:
March
20,
1989.
d.
Repair
one
unit at
a time using
approximately an 11—man crew eight working
days for each unit.
e.
Complete first unit:
March
29,
1989.
f.
Complete second unit:
April
10,
1989.
g.
Complete third unit:
April
21, 1989.
h.
Complete compliance testing on all three
units:
July 1,
1989.
3M notes that the oxidizers will continue
in operation
whenever the associated
line
is
running.
Therefore,
any adverse
environmental
impact which may be
associated with these lines
will
be less than the impact anticipated
under
the existing
100—262
—3—
variance since
the oxidizers,
even
in their present conditions,
provide greater
emission reductions than the previously existing
controls.
In its variance recommendation,
the Agency states that the
revised schedule for compliance
is
reasonable and recommends
the
Board grant the variance extension.
The Agency agrees that
the
adverse environmental impact will
be slight and that the problems
which have occurred could
not have been foreseen.
The Agency
recommends
the reinstatement of the conditions
in PCB 88—14 that
relate
to lines
2G,
3G and
4G.
The Board
will grant
the requested extension of the variance
from
35
Ill.
Adm.
Code 215.205(c)
and 215.207 until August
1,
1989 subject
to the pertinent conditions imposed
in the Board’s
Order
in POB 88—14 dated February 2,
1989
for lines 26,
36 and
46
at 3M’s Bedford
Park tape manufacturing plant.
The Board finds
the anticipated adverse environmental impact
to be minimal.
The
Board also finds
that requiring immediate compliance would
impose
an arbitrary and unreasonable hardship on
3M.
The foregoing constitutes the Board’s findings of
facts
and
conclusions
of law
in
this matter.
ORDER
The Board hereby grants
the Minnesota Mining and
Manufacturing Company
(“3M”) an extension of variance from 35
Ill.
Adm.
Code
215.204(c)
and 215.207,
as amended at 12
Ill.
Reg.
815,
840—42
(Jan.
8,
1988),
for the period from April
1,
1989
until August
1,
1989 for
its tape manufacturing lines
2G,
3G and
4G at
its Bedford Park Plant,
subject
to
the
following
conditions:
1.
Ninety days
after
installation
of new
control
equipment on any
of Lines 2G,
3G
and
4G,
or
upon normal operation of the
new control equipment on any
of Lines
2G,
3G,
and
4G, whichever
occurs first
for
each
line:
a.
Volatile organic material
from the
“adhesive coating” will not by—pass
the thermal oxidizers
and
the thermal
oxidizers will achieve
95
destruction
efficiency
on the captured volatile
organic material, except during
malfunction and breakdown
as
authorized
by the IEPA operating
permit.
100—263
—4—
b.
Lines
2G,
3G and
4G,
shall be operated
to achieve
at least equivalence with
2.9
lb. VOM/gallori using
the formulas
contained in Section 215.207
for
each
product manufactured, except during
malfunction and breakdown
as
authorized by the Agency operating
permit.
2.
Within
45 days after
the date of this
Order,
3M shall execute and send
to:
Illinois
Environmental Protection Agency
Attention:
Susan Schroeder
Enforcement Programs
2200 Churchill Road
Springfield,
IL
62794—9276
a Certificate of Acceptance and Agreement
of this variance by which
it agrees
to
be
bound by the terms and conditions
contained herein.
This variance will
be
void
if
3M
fails
to execute and forward
the certificate within the 45—day
period.
The 45—day period
shall be
in
abeyance for any period during which
the
matter
is appealed.
The
form of the
certification shall
be as follows:
CERTIFICATION
I,
(We)
,
having
read the Opinion and Order
of the Illinois Pollution Control
Board in PCB
89—51,
dated _______________________,
understand
and
accept the said Opinion and Order,
realizing that such acceptance
renders
all terms and conditions thereto binding
and enforceable.
Petit ioner
Authorized Agent
Title
DATE
100—
264
—5—
Section
41
of the Environmental Protection
Act,
Ill.
Rev.
Stat.
1985
ch.
1l11-/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 certify that the above Opin±~nand Order was
adopted
on
the
~
day of
~,—
1988,
by
a vote
of
7--C
.
,,~
-~
//
//.
/
-7
//7~
~
Dorothy
M.
Gu”nn, Clerk,
Illinois Pollution Control Board
100-265