ILLINOIS POLLUTION CONTROL BOARD

May 25,

1989

AMERICAN NATIONAL CAN COMPANY,

Petitioner,

v.

)

PCB 88—176

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

MR. MARK

J.

STEGER OF MCBRIDE, BAKER

& COLES, APPEARED ON BEHALF

OF PETITIONER;

MR. JOSEPH

P.

PODLEWSKI,

JR., APPEARED ON BEHALF OF RESPONDENT.

OPINION AND ORDER OF THE BOARD

(by R.C.

Flemal):

This matter

comes before the Board upon

a Petition for

Variance and Amended Petition for Variance filed November

1,

1988

and January 24,

1989,

respectively, by American National Can

Company (“ANC”).

ANC requests variance

until July

1,

1989

from

the requirements of

35 Ill.

Adm. Code 215.245

for flexographic

and rotogravure printing operations

in ozone non—attainment

areas.

On December

14,

1988 the Illinois Environmental Protection

Agency

(“Agency”)

filed

a recommendation

that the requested

relief be granted subject

to conditions.

On February 24,

1989

the Agency submitted an amended recommendation continuing with

its position that the requested

relief be granted, but requesting

that an additional condition be imposed.

Hearing was held

on

April

18, 1989

in Elgin.

No members of

the public were

present.

At hearing

no information was presented

in addition

to

that already contained

in the documents submitted

to date.

BkCKGROUND

ANC’s Batavia Plant, formerly owned

by Guardian Packaging

Corporation (“Guardian”),

is located

at 475 Kirk Road,

Batavia,

Kane County,

Illinois.

ANC’s Batavia Plant

is

a flexible

packaging manufacturing facility with

flexographic

and

rotogravure printing capability

as well

as cast extrusion and

laminating capability;

the facility employs approximately 100

people.

In

the manufacturing process, various volatile organic

materials

(“VOM”)

are used

in the printing, coating,

and

laminating

of plastic film and paper

(Pet,

at

1).

ANC’s printing

99—265

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—2—

operations

(both flexographic and rotogravure)

resulted

in VOM

emissions of over 425 tons

in 1986 and over 490

tons

in 1987 and

1988

(Agency Rec.

at 2).

Regulatory History

Prior

to November

9,

1987, ANC’s predecessor, Guardian, was

exempt from the requirements of

35

Ill. Adm.

Code 215, Subpart P

pursuant to the 1000 ton per year aggregate uncontrolled

emissions exemption found

at

35

111. Adm. Code 215.402.

However,

the Board on October

19,

1987 added Section 215.245

to,

inter

alia,

lower

the exemption applicable to Guardian (subsequently to

ANC)

and other similarly situated facilities to 100 tons per

year.

The amendment which became effective November

9,

1987,

required complaince ‘~iththe emissions limitations of Subpart P

by December

31,

1987

Prior Variance

In anticipation of the new requirements

to be imposed by

Section 215.245, Guardian filed a permit application

for

construction

of

an incinerator

and capture

system with the Agency

on December

12, 1986.

The permit was issued by the Agency on

April

9,

1987.

Due

to construction delays and work stoppages

associated with the installation of the control equipment,

Guardian filed

for variance from Section 215.245

to obtain an

extension of time

to achieve compliance.

On March 24,

1988,

the

Board granted Guardian, by then under ownership of ANC,

variance

from Section 215.245 until April

1,

1988

(see Guardian Packaging

Corporation

v.

IEPA,

Slip.

Op. PCB 87—190, March 24,

1988).

ANC

contends that “the majority of the incineration/capture system

was installed by April

1,

1988,

and has been run since April,

1988”

(Petition,

para.

3).

ANC itself now petitions

for

variance,

believing additional

time

is necessary to complete

furthar

dr~tqn,

installElt

ion,

and

dohugc~ing

of

oil

control

equipment,

especially due

to discovery of certain design

deficiencies,

as noted below.

*

The Board notes that ANC requests variance

only from Section

215.245,

the Section which renders

the Subpart P requirements

applicable

to the ANC. facility.

~t other points

in the record,

the requested variance

is

referred

to

as variance from Subpart P

or from Section 215.401.

Section 215.401 contains limitations

for flexographic and rotogravure printing and

is

itself contained

in Subpart P.

The Board

construes

these as

references

to

variance

from Section 215.245.

99—266

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—3—

DESIGN DEFICIENCES AND COMPLIANCE PLAN

ANC acquired Guardian

in late 1987 and discovered several

design deficiencies in the control system.

In particular,

the

capture system did not afford adequate capture of VOM emissions

from the presses.

A consultant hired by ANC

in July 1988

examined the capture system and concluded that additional time

would be required

to redesign and install the capture system to

meet the requirements of

the regulations.

In addition,

in the course of debugging the operation of

the

control equipment on the rotogravure presses,

two solvent

explosions occurred.

To prevent such ocurrences

in the future,

ANC believes lower explosive limit

(LEL) sensors and drier

recirculation fans are necessary.

In

its amended petition,

ANC

states that these devices have been installed,

but require

further modification to ensure the proper operation of the VOM

control equipment (Amended Pet.

at

2).

Also

in its amended petition, ANC noted further

complications regarding the control equipment.

ANC states

that,

in the course

of operating the incinerator, excessive

temperatures have been experienced causing the incinerator

to

shut down.

ANC adds that the contractor who installed the

incinerator has agreed

to modify the incinerator system

to

install

a heat exchanger bypass whereby a portion

of the oven

exhaust air will bypass

the heat exchanger,

and that excessive

temperatures should not be experienced

in the future.

ANC anticipates that the modifications and debugging of the

control system will

be completed by May

31,

1989.

Thereafter,

ANC

will conduct

a compliance test and submit

a report to the

Agency by July 1,

1989.

Therefore, ANC anticipates compliance

by,

and requests variance until July 1,

1989 (Amended Pet.

at

1—

2).

The Agency notes

that once operational,

the thermal

incinerator will control VOM emissions from certain flexographic

presses and coaters.

As the Agency states,

“because

the

thermal incinerator

is expected to achieve 95

control, with

proper capture afforded by the redesigned capture system the VOM

emissions limits of 35

Ill.

Adm. Code 215 Subpart P should be met

easily”

(Agency Rec.

at 7).

The Agency believes ANC

is committed

to achieving compliance by

a date certain and deems ANC’s

compliance program acceptable as

amended.

HARDSHIP

In addressing the matter of hardship,

the Agency notes:

The Agency believes that immediate compliance with

the VOM emissions limitation of Section 215.401 would

99—267

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—4—

create an unreasonable hardship for

(ANC

.

.

.

Since

April,

1988,

ANd

has taken steps to bring the VOM

control system into compliance

.

.

.

while minimizing

the adverse environmental affect of noncompliant

operations.

Unless

ANCI

were granted the requested

variance relief,

its only compliance alternative

would be

to shut down its printing operations.

It

is

likely that

a shut down of the non—complying

flexographic and rotogravure presses would cause a

shut down

of the entire

ANC

plant and

a temporary

loss of approximately 100 jobs.

(Agency Rec.

at

9—

10)

In its amended recommendation the Agency further states:

The Agency believes that immediate compliance with

the VOM emissions limitations of

35

Ill.

Adm. Code

215, Subpart P would

impose an unreasonable or

arbitrary hardship.

The

Agency

further believes

that the granting of the additional relief requested

would be consistent with federal

law.

(Agency

Amended Rec.

at

2)

ENVIRONMENTAL IMPACT

As noted earlier, ANC’s facility is located

in Batavia, Kane

County.

Kane County

is a non—attainment area for ozone.

The

ozone monitor located closest to the ANd facility

is in Elgin,

Illinois.

The Agency notes

that no ozone exceedences were

detected

at this monitor

in 1986 and 1987, with one exceedence

recorded

in

1988.

The Agency further notes that there were

multiple exceedences

of the ozone ambient air quality standards

(“AAQS”)

in the Chicago metropolitan area, and that

“as

a major

hydrocarbon source

in

an ozone non—attaincont

area,

Z~NC1

contributes,

to

a unquantified degree

to the

.

.

.

violations of

the ozone AAQS

in northern Illinois”

(Agency Rec.

at 7).

At the time ANC filed

its petition for variance in November

1988, ANC proposed

to be in compliance by April

1,

1989,

the

beginning of

the 1989 ozone season.

Under

its revised compliance

schedule, compliance will not be achieved until July 1989, well

within the 1989 ozone

season.

To lessen any adverse

environmental impact which may result from the uncontrolled

operation of ANC’s flexographic and rotogravure printing

processes during

the first

three months of the ozone season,

the

Agency recommends that the variance be conditioned

to require

operation

of the incinerator

from April

1,

1989 to July

1,

1989,

to the maximum extent possible given plant health and safety

concerns

(Agency Amended Rec. at

2).

This

is

in addition to

other conditions requiring submission of reports and testing.

The Board finds that this condition

is appropriate with the need

to minimize environmental

impact during the term of the variance.

99—268

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—5—

CONCLUSION

Based

on the facts

in this record,

the Board finds that ANC

would

incur an arbitrary or unreasonable hardship

if denied the

requested

relief.

The Board also agrees with

the parties that

minimal environmental impact will occur, given that compliance

is

timely forthcoming,

and by ANC’s operation of

its incinerator

to

the maximum extent possible during that portion of the 1989 ozone

season included

in the term of

this variance.

Accordingly,

the

variance will be granted subject to conditions consistent with

this Opinion and the Illinois Environmental Protection

Act.

This Opinion constitutes the Board’s findings of fact and

conclusions of law

in this matter.

ORDER

American National Can Company

is hereby granted variance

from 35

Ill. Adm.

Code 215.245 for

its facility located

in

Batavia, Illinois, subject to the following conditions:

1.

Variance expires on July 1, 1989,

or when compliance

with

35

Ill. Adm. Code 215.245

is achieved, whichever

occurs

first.

2.

During

the term of this variance, ANC shall submit

monthly written reports

to the Agency detailing all

progress made

in achieving compliance with 35 Ill.

Adm.

Code 215, Subpart P at its plant located

at 475 Kirk

Road, Batavia, Illinois.

The first monthly report will

be due thirty

(30) days from the date

of the Board

order

granting the variance.

These monthly reports shall

include monthly VOM emission data from each printing

press.

The first monthly report shall also include

copies

of material data sheets showing the composition

(in terms of percentage of solid,

solvent and water)

of

all inks used during the flexographic and rotogravure

printing processes.

All

of the above

information shall

be submitted to the Agency at the following address:

1)

Manager,

Permit Section

Division of Air Pollution Control

Illinois Environmental Protection Agency

1340 N. Ninth Street

Springfield, Illinois 62702

2)

Manager, Field Operations Section

Division of Air Pollution Control

Illinois Environmental Protection Agency

1701 5.

First Avenue

Suite 600

Maywood, Illinois 60153

99—269

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—6—

3.

ANC shall give thirty

(30) days notice prior

to

the

expected date of any stack test to the Agency’s regional

office and Emission Source Specialist at the address

provided

in Condition 2(2).

The Agency’s Emission

Source Specialist shall

be further notified within

a

minimum of five

(5) working days of the exact date,

time,

and place of these

tests,

to enable Agency

to

witness these

tests.

4.

During

that portion of the 1989 ozone season covered

by

this variance

(April

1,

1989 to July

1,

1989), ANC shall

operate

its incincerator

to

the maximum extent possible,

given plant health

and safety concerns.

5.

Within

45 days of the date of

this Order,

Petitioner

shall execute and forward to Joseph

P. Podlewski,

Jr.,

Enforcement Attorney,

Illinois Environmental Protection

Agency,

1701 S.

First Avenue, Suite

600, Maywood,

Illinois 60153,

a Certification of Acceptance and

Agreement to be bound to all terms and conditions

of

this variance.

The 45—day period shall be held in

abeyance during any period that

this matter

is being

appealed.

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 form of said Certification shall

be as follows:

CERTIFICATION

I

(We),

,

hereby

accept and agree

to be bound

by all terms and conditions

of the

Order

of the Pollution Control Board

in PCB 88—176, May 25,

1989.

Petitioner

Authorized Agent

Title

Date

Section

41

of the Environmental Protection

Act,

Ill. Rev.

Stat.

1987

ch.

lll1/2par.

1041, provides

for

appeal

of

final

Orders of

the Board within 35 days.

The Rules

of the Supreme

Court of Illinois establish filing

requirements.

99—271)

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—7—

IT IS SO ORDERED.

I,

Dorothy M. Gunn,

Clerk

of the Illinois Pollution Control

Board,

hereby cert~~that the above Opinion and Order was

adopted on

the

5~-’

day of

________________,

1989,

by a vote

of

7—c~

~

)7),

//~~

Dorothy M./~ónn,Clerk

Illinois Po3lution Control Board

99—271