ILLINOIS POLLUTION CONTROL BOARD
    October
    20,
    1988
    LAWRENCE BROTHERS,
    INC.,
    Petitioner,
    V.
    )
    PCB 87—180
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    JAMES
    T. HARRINGTON AND HEIDI
    E.
    HANSON,
    OF ROSS
    & HARDIES,
    APPEARED ON BEHALF OF THE PETITIONER.
    BOBELLA GLATZ AND JAMES O’DONNELL APPEARED ON BEHALF OF THE
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J.
    Marlin):
    This matter comes before the Board
    on
    a petition for
    variance filed by Lawrence Brothers,
    Inc.
    (Lawrence Brothers).
    Specifically, Lawrence Brothers
    is seeking variance from 35
    Ill.
    Adm.
    Code 215.204(j), Miscellaneous Metal Parts and Products
    Coating,
    as
    it relates
    to clear coatings.
    Section 215.204(j)
    imposes
    a
    4.3 pounds per gallon
    (lb./gal.)
    standard upon Lawrence
    Brothers.
    The original petition
    in this matter was filed
    on
    November
    24, 1987.
    Due
    to that petition’s deficiencies, Lawrence
    Brothers was directed by the Board’s December
    3,
    1987 Order
    to
    file an amended petition.
    In response,
    an amended petition was
    filed on December
    21,
    1987.
    On ~4ay 25,
    1988 Lawrence Brothers
    filed
    a Second Amended Petition which requested
    a five year
    variance
    or
    a variance until
    a compliant coating was found,
    whichever occurred
    first.
    In the alternative,
    Lawrence Brothers’
    challenged
    the validity
    of Section 214.204(j)
    as applied
    to
    Lawrence Brothers’ hinge coating operation.
    The Agency filed
    a Recommendation and an Amended
    Recommendation
    on February
    23, 1988 and August
    1,
    1988
    respectively.
    In both
    filings,
    the Agency recommended that the
    Board deny Lawrence Brothers’
    variance request
    as expressed
    in
    Lawrence Brothers’
    petitions.
    The Agency now agrees
    to support
    a
    variance subject
    to particular conditions set forth
    in Joint
    Exhibit
    #1.
    Hearing was held
    in this matter on August
    4,
    1988;
    no
    members
    of
    the public were present.
    At hearing,
    Lawrence
    Brothers and the Agency reached
    an agreement as
    to
    the variance
    request.
    Both parties presented,
    as Joint Exhibit #1,
    the
    terms
    of the agreement
    (R.
    76—77).
    Essentially the agreement provides
    for
    a two year variance.
    During the first year Lawrence Brothers
    93—175

    2
    is to continue
    to search for compliant coatings.
    At the end
    of
    the first year Lawrence Brothers must present
    to the Agency
    a
    report
    of. compliance alternatives.
    According to the Agreement,
    Lawrence Brothers must then
    implement
    a compliance alternative
    “as quickly as reasonably possible”.
    The manufacturing operation at issue
    in this matter
    is
    the
    lacquering
    of dull brass hinges at Lawrence Brothers’ Rock Falls
    plant.
    The hinges are manufactured
    at
    the plant which
    is located
    in
    a
    rural area
    in Whiteside County.
    Prior
    to the application
    of
    lacquer
    the hinges are brass plated.
    A total
    of
    88 people are
    employed
    at the plant, although
    only 33 work with the lacquering
    operation.
    (Second
    Am.
    Pet.,
    p.
    1)
    The second Amended Petition describes
    the lacquering
    operation
    as follows:
    The
    lacquering
    operation
    is
    accomplished
    by
    immersing brass plated hinges
    into one
    of two
    350 gallon tanks containing
    a nitrocellulose—
    based
    lacquer
    mixture...The
    brass—plated
    hardware
    is
    immersed
    for
    approximately
    1
    minute,
    elevated over
    a return drip tray,
    and
    conveyed
    through
    a heating oven
    to accelerate
    the
    air
    drying
    process.
    The
    entire
    lacquering
    process
    takes
    approximately
    5
    minutes...
    The
    volatile
    organic
    material
    driven
    off
    the
    plated
    parts
    in
    the
    drying
    oven
    is
    discharged
    through
    an exhaust
    blower
    located
    in
    the
    drying
    oven
    and
    discharging
    from
    the
    roof
    of
    the
    building.
    The
    lacquering operation
    is performed
    on
    a single
    shift
    beginning
    at
    6:00
    A.M.
    and
    ending
    at
    3:30 P.M.
    for five days per week.
    (Second Am. Pet.,
    p.
    1—2)
    With
    regard
    to emissions data,
    Lawrence Brothers and
    the
    Agency stipulated
    to Joint Exhibit
    #2 which sets
    forth relevant
    data concerning
    the lacquer
    line’s VOM emissions.
    According
    to
    that exhibit, Lawrence Brothers uses
    37.5 gallons
    of lacquers per
    day.
    The lacquer
    is mixed with 13.8 gallons of thinner each
    day.
    The lacquer has
    a VOM content
    of 5.96 lbs./gal,
    and the VOM
    content
    of the thinner
    is 7.07 lb./gal.
    As noted earlier,
    Section 215.204(j)
    imposed
    a clear coating VOM limitation of 4.3
    lh./gal.
    Joint Exhibit
    #2 calculates Lawre~ce Brothers’
    actual
    annual emission rate at 43.4 tons per year.
    1 The Board
    is uncertain as
    to how the Agency
    reaches this
    result.
    The Board calculates actual emissions
    at 40.1
    tons per
    93—176

    3
    Given the limit prescribed
    by Section 214.204(j)2, Joint Exhibit
    #2 concludes
    that allowable emission rate as
    3.1 tons/year.
    The limits of Section 214.204(j)
    are imposed upon Lawrence
    Brothers through Section 215.211(b).
    That Section states that
    sources located
    in counties which are not classified
    as
    nonattainment counties
    (for ambient air quality standards for
    ozone)
    and are also not adjacent to nonattainment counties must
    comply with Section 215.204(j)
    by December
    31,
    1987.
    Lawrence
    Brothers’ Rock Falls plant
    is located
    in Whiteside county.
    Since
    Whiteside county
    is neither
    a nonattainment county
    nor adjacent
    to
    a nonattainrnent county,
    Lawrence Brothers should have been
    in
    compliance with Section 215.204(j) since December
    31,
    1987.
    The
    requirements of
    Sections 215.204(j) and 215.211 were adopted
    by
    the Board
    in Docket R80—5
    on December
    30,
    1982.
    50 PCB 255.
    The
    Opinion setting forth the rationale behind the regulations
    is
    found
    at 49 PCB 67.
    According
    to Lawrence Brothers,
    there
    are currently no
    solvent—based lacquers which would afford compliance with Section
    215.204(j).
    Lawrence Brothers has tested between
    60 or
    70
    lacquers in the hopes of
    finding
    a compliant coating.
    However,
    Lawrence Brothers asserts
    that none of
    these lacquers were able
    to successfully meet Lawrence Brothers’ product specifications
    (R.
    34).
    Lawrence Brothers asserts
    that the lacquers it uses
    must
    be able
    to sufficiently protect
    a hinge from corrosion
    during
    a 75—hour
    salt spray
    test.
    (R.
    24).
    A Lawrence Brothers
    witness stated that the common understanding among lacquer
    suppliers is
    it
    is currently “unrealistic”
    to expect
    a water—
    based
    (compliant) lacquer
    to meet these specifications
    of
    Lawrence Brothers.
    (R.
    36).
    In
    fact,
    Lawrence Brothers tried
    using water—based lacquers on
    its hinges three years
    ago.
    At
    hearing, Lawrence Brothers’
    vice—president
    of sales
    and marketing
    recounted the company’s experience with water based lacquers.
    We
    incurred
    a real
    rash of problems because
    the hinges were rusting
    even before they were
    opened
    at
    the
    millwork
    producer’s
    end.
    We
    would
    ship
    skid
    loads
    of
    hinges
    and
    they
    would
    open
    the
    carton
    and
    they
    were
    already
    rusting.
    We had
    a number
    of complaints from
    customers,
    particularly
    in
    coastal
    areas
    year by utilizing
    the following method:
    13.8
    gal.
    per day for
    the thinner
    is multiplied
    by 7.07 lb./gal.
    and 37.5 gal.
    per day
    for lacquer
    is multiplied
    by 5.96 lb./gal.
    2 The Board
    is uncertain
    as
    to how
    the. Agency reaches
    this
    result.
    The Board calculates allowable emissions at 8.52 tons
    per year by utilizing the following method:
    gallons of solids
    currently applied
    is equivalent
    to 0.17 multiplied
    by 37.5 gal.
    per day
    of lacquer
    (not 13.8 gal.
    per day of thinner).
    93—177

    4
    where
    they’re
    subject
    to
    salt
    water
    or
    salt
    air.
    It
    really
    raised
    and
    caused
    a
    lot
    of
    problems.
    We
    took
    back probably
    a
    third
    of
    all
    the
    hinges
    we
    shipped
    out.
    It
    was
    an
    extremely expensive folly
    is what
    it was.
    (R.
    14)
    Lawrence Brothers states
    that it has been unsuccessfully
    looking
    for compliant coatings since
    the coating
    line first came
    into existence.
    According
    to Lawrence Brothers,
    a water—based,
    baked
    lacquer which withstood
    a 40—hour salt spray
    test
    is the
    closest
    Lawrence Brothers has come
    to finding
    a compliant coating
    which would
    .meet
    its requirements.
    Besides not providing the
    degree
    of protection
    as required by Lawrence Brothers’
    specifications,
    Lawrence Brothers’
    asserts that the use
    of
    a
    water—based baked lacquer would require modifications
    to its oven
    and coating
    lines which would
    in turn cost
    in excess
    of
    $430,000.
    (R.
    44; pet.
    Exh. #10).
    Lawrence Brothers has also looked
    into
    a solvent
    recovery
    system.
    It received an estimate
    or $253,500 for such
    a system.
    However, Lawrence Brothers claims that
    the estimate
    is incomplete
    because
    it does not include
    the cost
    of
    a distillation system.
    (R. 42—43,
    Pet.
    Exh.
    #9).
    Lawrence Brothers also tested the process
    of double coating
    the hinges with
    a water—based lacquer.
    According to the Lawrence
    Brothers,
    no significant increase
    in resistance
    to corrosion was
    observed
    in the experiment.
    (R.
    54—55).
    At one time,
    Lawrence Brothers started using less
    of the
    solvent—based lacquer
    because
    it was operating the line without
    the accelerated drying process
    of
    an oven.
    A fire in
    a drying
    oven and insurance litigation precipitated that process
    change.
    However, Lawrence Brothers states
    that
    it
    received about
    a dozen
    complaints
    from customers.
    (R.
    49).
    At
    that time the hinges
    were withstanding only
    45
    to
    55 hours of salt spray tests.
    (R.
    53).
    Subsequently, Lawrence Brothers again used
    a heated oven
    and more lacquer
    to correct the quality problems.
    (R.
    49).
    When Mr. Ted Witt,
    Manager
    of manufacturing
    for Lawrence
    Brothers, was asked what the company would do
    if
    it were forced
    to comply with Section 215.204(j),
    Witt
    stated:
    Our only
    alternative,
    if we
    had
    to
    meet
    the
    rule tomorrow would
    be
    to go
    to
    a water—based
    air—dry lacquer like we previously had
    in the
    line.
    And
    we
    would
    expect
    to have
    a
    number
    of problems.
    (R.
    46)
    Environmental Impact
    93—178

    5
    Lawrence Brothers asserts
    that the granting of
    a variance
    will not result
    in the increase
    of emission from the Rock Falls
    plant.
    In the Agency’s February
    23, 1988 Recommendation,
    the Agency
    states that Lawrence Brothers’
    Rock Falls plant
    is located
    in a
    rural area approximately two miles
    east of
    the main part of Rock
    Falls.
    According
    to the Agency, no other large VOM sources
    are
    in the area.
    The Agency also points out that Whiteside County
    is
    an attainment county and that the nearest ozone monitoring
    station,
    located
    40 miles northeast
    of the plant, has not
    recorded any ozone violations
    in the past seven years.
    (Ag.
    Rec.
    p.
    6).
    On the
    issue of environmental impact,
    the Agency
    concludes:
    In
    terms
    of
    effect
    on
    air
    quality..,
    the
    emissions from this facility and
    its location
    lead
    the
    Agency
    to
    believe
    that
    air quality
    in the area will
    not deteriorate
    as
    a result
    of the emissions from the facility.
    (Ag.
    Rec.,
    p.
    7).
    In addition,
    the Agency
    believes that the United States
    Environmental Protection Agency would not disapprove
    of the
    variance for air quality reasons.
    Id.
    Findings
    It
    is clear
    from the record that Lawrence Brothers has been
    diligent
    in
    a search for a lacquer which would comply with
    the
    requirements
    of Section 215.204(j).
    It
    is particularly
    significant that Lawrence Brothers’
    efforts have included more
    than just cursory testing
    of other coatings;
    for
    a while,
    Lawrence Brothers even utilized water—based coatings on its
    hinges.
    This was done even before Section 215.204(j) was
    applicable
    to Lawrence Brothers.
    It
    is also apparent that Lawrence Brothers receives
    complaints from customers when
    its hinges are not sufficiently
    lacquered.
    Despite
    its efforts Lawrence Brothers has not been
    able
    to find
    a water—based lacquer which meets the company’s
    standards.
    Lawrence Brothers’ primary competitors are firms
    located
    in New Britain, Connecticut and St.
    Louis, Missouri.
    (R.
    12).
    The Board recognizes Lawrence Brothers’
    need
    to produce
    hinges that are durable and relatively
    rust resistant.
    A hinge
    is
    a type
    of product that
    is generally expected
    to wear well and
    not need frequent replacement or maintenance.
    Given
    the circumstances of this particular
    case the Board
    93—179

    6
    finds that Lawrence Brothers would suffer
    an arbitrary or
    unreasonable hardship
    if
    it were denied
    a variance as
    requested.
    As
    a result,
    the Board
    will grant Lawrence Brothers
    a
    variance.
    In general,
    the Board will impose conditions
    similar
    to those jointly requested by Lawrence Brothers and the Agency.
    Some
    of the wording
    and timing
    of the conditions have been
    altered
    to more clearly ensure that Lawrence Brothers will begin
    to implement a compliance alternative after one year
    of coating
    investigation.
    Although the two parties
    to this proceeding have
    reached an agreement with regard
    to the variance
    request,
    the
    Board
    is certainly
    not bound by any such agreement.
    Specifically,
    the variance will begin on December
    24,
    1987 and
    terminate on October
    20,
    1990.
    During the first year,
    Lawrence
    Brothers must actively seek
    a compliant coating
    as well
    as
    investigate other
    compliance alternatives.
    Lawrence Brothers
    then must choose and implement
    a compliance option during the
    second half of the variance.
    Normally,
    the Board does not grant variances where
    a
    compliance plan does not detail
    a specific compliance
    alternative
    which will be utilized.
    However,
    the Board has granted,
    in
    particular
    instances,
    short—term variances
    to allow further
    investigation of compliance options.
    In this instance,
    compliance by the end
    of the variance period
    is mandated.
    As
    a final
    note, Lawrence Brothers’
    Second Amended petition
    alternatively challenges the validity
    of Section 215.204(j)
    as
    applied
    to Lawrence Brothers’ Rock Falls plant.
    The Board has
    not reviewed the validity of
    the rule as requested
    by Lawrence
    Brothers,
    and consequently,
    the Board makes
    no finding
    as to the
    validity
    of the rule as applied
    to Lawrence Brothers.
    This
    course of action
    is consistent with
    the Board’s decisions
    in
    Container Corporation
    of America
    v.
    Illinois Environmental
    Protection Agency, PCB S7—l83
    (June
    2,
    1988 and August
    18,
    1988)
    This Opinion constitutes
    the Board’s findings
    of fact and
    conclusions of
    law.
    ORDER
    The Board hereby grants Lawrence Brothers Inc.
    (Lawrence
    Brothers) variance from 35
    Ill.
    Adrn.
    Code 215.204(j),
    as
    it
    applies
    to clear coatings,
    subject
    to the following conditions.
    1.
    The variance shall begin on December
    24,
    1987 and expire
    on October
    20, 1990 or when Lawrence Brothers achieves
    compliance, whichever occurs first.
    2.
    Until Lawrence Brothers determines and notifies the
    Illinois Environmental Protection Agency (Agency) that
    it intends
    to achieve compliance
    by means other than
    a
    corrosion resistant,
    clear, air—dry compliant coating,
    or until October
    20,
    1989, whichever occurs first,
    93—180

    7
    Lawrence Brothers shall
    implement the following schedule
    for investigation of compliant coatings.
    a)
    Not later than one month of the date
    of this Order
    Lawrence Brothers shall:
    1)
    Submit
    to the Agency
    a detailed listing
    of
    Lawrence Brothers’
    coating specifications;
    2)
    Survey clear
    coating suppliers using
    a
    comprehensive directory
    of formulators
    and
    suppliers
    to the coatings industry comparable
    to the current
    issue
    of “Paint Red Book”,
    as
    agreed
    to between
    the Agency and Lawrence
    Brothers;
    and
    3)
    Send
    letters to suppliers and formulators
    surveyed
    in subdivision
    (a)(2)
    of this
    paragraph.
    Such letters shall contain
    Lawrence Brothers’
    coating specifications and
    testing procedures.
    The letters shall request
    a response within two weeks.
    If responses are
    not sent within two weeks Lawrence Brothers
    shall continue sending letters.
    Lawrence
    Brothers should keep records
    of letters sent
    and responses received for each supplier and
    formulator.
    b)
    Not later
    than four months after
    the date
    of this
    Order Lawrence Brothers shall:
    1)
    Obtain at
    least 25 samples
    of lacquer from
    suppliers
    and formulators
    identified in
    subdivision
    (a)
    of
    the paragraph;
    and
    2)
    Schedule,
    conduct and complete the necessary
    tests on the lacquer samples obtained
    to
    determine whether
    the lacquers would afford
    Compliance
    and
    the degree
    to which such
    lacquers meet Lawrence Brothers’
    Specifications.
    c)
    Not later than
    8 months after the date of this
    Order Lawrence Brothers shall:
    1)
    Compile the results
    of the tests
    conducted
    pursuant
    to subdivision
    (b)(2)
    of
    this
    paragraph;
    and
    2)
    Conduct
    and complete any necessary follow—up
    tests.
    d)
    If Lawrence Brothers discovers an acceptable
    compliant coating
    as
    a result
    of its efforts
    93-181

    8
    pursuant
    to subdivisions
    (a),
    (b),
    and
    (c)
    of this
    paragraph,
    it shall take steps
    to utilize such
    a
    coating as quick
    as reasonably possible.
    e)
    If Lawrence Brothers has not identified an
    acceptable compliant coating despite its efforts
    pursuant
    to subdivisions
    (a),
    (b),
    and
    (c)
    of this
    paragraph,
    it shall engage the services
    of
    a
    coating consultant.
    The coating consultant shall
    review the work which was accomplished
    by Lawrence
    Brothers pursuant
    to subdivisions
    (a),
    (b),
    and
    (c)
    of this paragraph.
    The coating consultant
    shall
    submit
    a written preliminary review to the Agency,
    not later
    than
    9 months after the date of this
    Order.
    The Agency may comment upon the preliminary
    review.
    Not later than 10 months after
    the date of
    this Order,
    a final
    report,
    incorporating any
    Agency comments,
    shall
    be submitted
    to the Agency.
    f)
    If the consultant’s
    final report concludes that
    further coating testing could produce
    a compliant
    coating acceptable
    to Lawrence Brothers,
    Lawrence
    Brothers shall
    conduct
    and complete such tests
    pursuant
    to the consultant’s recommendations not
    later
    than
    12 months after the date of
    this
    Order.
    3)
    At any time during the variance period,
    the Agency may
    identify new,
    clear water—based compliant coatings,
    up
    to
    a maximum of
    10
    in a 12—month period,
    for Lawrence
    Brothers
    to
    test.
    After the Agency notifies Lawrence
    Brothers of such coatings,
    Lawrence Brothers shall test
    the Agency—identified
    coatings
    to determine whether
    the
    Coatings
    afford compliance and
    the degree
    to which such
    coatings meet Lawrence Brothers’
    specifications.
    These
    tests shall
    be conducted and completed
    as quickly
    as
    reasonably possible after
    the
    gency notifies Lawrence
    Brothers of the coating’s
    identity.
    4)
    Notwithstanding
    the procedures set
    forth by paragraph
    #2
    and prior
    to Lawrence Brothers’ selection of
    a
    compliance alternative,
    Lawrence Brothers shall seek
    to
    discover and test new compliant coating
    formulations.
    5)
    Not later than 12 months after
    the date of
    this Order,
    Lawrence Brothers shall submit
    a compliance report
    to
    the Agency.
    The report shall address compliance
    alternatives,
    including but not limited
    to,
    the use of
    afterburners, solvent recovery,
    and compliant
    coatings.
    The report shall
    also state which alternative
    Lawrence Brothers will
    implement
    in order
    to achieve
    Compliance.
    6)
    Lawrence Brothers shall implement
    its chosen compliance
    93—182

    9
    alternative
    as quickly as reasonably possible.
    7)
    Compliance with Section 215.204(j)
    shall be
    achieved by
    Lawrence Brothers not later than
    24 months after the
    date of this Order.
    8)
    Within 45 days
    of the date of the Board’s Order,
    Lawrence Brothers shall execute
    a Certificate
    of
    Acceptance
    and send that Certificate
    to:
    Illinois Environmental Protection Agency
    Enforcement Programs
    Attn:
    James O’Donnell
    2200 Churchill Road
    P.O.
    Box 19286
    Springfield,
    IL
    62794—9276
    This Variance shall
    be void
    if Lawrence Brothers fails
    to execute and forward the Certificate within the 45—day
    period.
    The 45—day period shall be held
    in abeyance
    during any period that this matter
    is being appealed.
    The form of the Certificate of Acceptance shall
    be as
    follows:
    Certificate of Acceptance
    I,
    (We),
    having read the Order
    of the Illinois Pollution Control Board,
    in
    PCB 87—180 dated October
    20,
    1988,
    understand and accept the said
    Order,
    realizing that such acceptance renders all
    terms and
    conditions thereto binding
    and enforceable.
    Petitioner
    By: Authorized Agent
    Title
    IT
    IS SO ORDERED.
    93—183

    10
    I, Dorothy M.
    Gunn, Clerk
    of
    the Illinois Pollution Control
    Board,
    hereby certify that the above ~Qpinion and Order was
    adopted
    on the
    ~
    day of
    ~
    ,
    1988,
    by a vote
    of ________________________
    /7
    .,
    ~
    .
    /
    (
    //~
    Dorothy
    M. ..~unn, Clerk
    Illinois Pollution Control Board
    93—184

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