ILLINOIS POLLUTION CONTROL BOARD

October

20,

1988

JEFFERSON SMURFIT CORPORATION

(SCHAUMBURG PLANT),

Petitioner,

V..

)

PCB 87—184

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent..

MR.. DANIEL

F.. O’CONNELL, OF GARDNER, CARTON

& DOUGLAS, APPEARED

ON BEHALF OF PETITIONER;

MR. JOSEPH

R..

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 request for

variance filed on November

30, 1987 by Jefferson Smurfit

Corporation

(“Smurfit”)..

Smurfit requests variance from Subpart

P of Part 215

as those

rules apply to Smurfit’s plant

in

Schaumburg, Illinois

(“Schaumburg Plant”),

to allow time to

install emission controls on its printing equipment..

The

variance

is requested

to extend

to March 31,

1989

as

it pertains

to the operation of Smurfit’s extruder and laminator, and to July

1, l~89as it pertains to operation of Smurfit’s flexographic

line

Subpart P of Part 215 was amended pursuant to the Board’s

final order

in R85—2l, Docket B (In the Matter of: Proposed

Amendments

to 35

Ill..

Adm.. Code 215:

Flexographic and Rotogravure

Printing, October

29,

1987)..

The amendment

in pertinent part

provides

at

35

Ill..

Adm.. Code 2l5..245 that flexographic and

rotogravure printing operations which are located in non—

attainment counties and which have aggregate uncontrolled

emissions of volatile organic material (“VOM”) greater than 100

tons per year comply with rules regarding Flexographic and

Rotogravure Printing,

as specified at

35

Ill.. Mm.

Code 215

Subpart P, by December

31,

1987..

Prior

to this amendment Smurfit

1 Smurfit originally requested that variance extend

to December

1,

1989

(Pet,

at

1)..

At hearing

this date was modified

to those

noted

(R

at

118—9)..

93—191

---

—2—

was exempt from the requirements of Subpart P because

its VON

emissions were less than the then existing 1000 tons per year

exemption

limit..

Because Smurfit

filed the instant variance

petition within twenty days of the effective date of the

amendment, application of the rule is stayed as

to Smurfit

pending

a decision on the variance petition pursuant to

Ill..

Rev..

Stat..

ch..

111—1/2 par..

1038(b)..

On April

4, 1988 the Illinois Environmental Protection

Agency (“Agency”)

filed

its recommendation (“Agency Rec..”)

that

the requested relief be granted subject to certain conditions,

among which was that the variance terminate on March

31, 1989.

Hearing was originally noticed for June

8, 1988, and subsequently

renoticed and held on September

1, 1988 at the State of Illinois

Center

in Chicago..

No members of the public were

in attendance.

At hearing Smurfit introduced several substantive amendments

to its proposed compliance plan,

including changes

in the

configuration of intended emission control equipment and the

dates

of compliance

(see footnote

1).

Also at hearing,

the

parties agreed, among other matters,

to make additional filings

to update their respective pleadings

CR..

at 127).

Pursuant

thereto the Agency filed an amended recommendation (“Agency

Amended Rec..”)

on October

3, 1988

in which

it noted that it held

no substantive disagreement with Smurfit’s revised proposal,

including the revised compliance dates, and reiterated

its

recommendation that the request be granted.,.

Smurfit has not

filed

a response..

BACKGROUND

Smurfj.t manufactures flexible packaging material for the

food and pharmaceutical industries at a plant located at 1228

East Tower Road

in Schaumburg, Cook County,

Illinois..

Located at

the plant are various flexographic presses, rotogravure stations,

and accompanying printing equipment..

The equipment

is organized

into three

lines:

laminator and extruder lines which serve

the

rotogravure printing operations,

and a flexographic line.

The solvent

fraction of the inks used by Smurfit in its

printing operations includes,

inter alia, ethyl alcohol,

isopropyl alcohol, isopropyl acetate,

ethyl acetate,

isopropyl

acetate, and heptane.

These compounds are classified as volatile

organic material

(“VOM”) under

the Board’s Air Pollution Control

Regulations

(35 Ill. Mm.. Code 211.122).

VOM emissions from Smurfit’s flexographic presses and from

the rotogravure stations

on

its extruder

are presently

uncontrolled and vent directly through stacks

to the atmosphere

(Pet,

at

3)..

VOM emissions from the rotogravure station on the

laminator line are partially controlled

by

a thermal

incinerator..

93—192

---

—3—

Smurfit’s 1987 uncontrolled VON emissions were

357..84 tons

(R.. at

37)..

Historically, annual plant—wide VON emissions have

been between 300 and 350

tons

(Pet, at

4;

R.

at

41).

Approximately half of Smurfit’s plant—wide VOM emissions are

attributable to printing operations, with the flexographic

presses accounting for 7

and the rotogravure operations

accounting

for the remainder

(93)

of

this amount..

COMPLIANCE PLAN

Smurfit offers

a two—part compliance program, one part

addressed

to the extruder and laminator lines

and one part to the

flexographic presses..

Smurfit proposes to install

a new thermal

incinerator on the extruder and laminator

lines

(R.

at 36).

Pursuant thereto, Smurfit was

issued construction permit No.

87110095 by the Agency on June 13,

1988.

For control

of the

flexographic operations,

Smurfit proposes to reconfigure

its

presses and to convert the existing thermal

incinerator

to

a

catalytic incinerator by adding

a catalytic module

(R.. at 59);

a

new rotogravure station will also be added to

this

line

(Id,)

A

construction permit

for the second part,

No.. 88060055, was issued

by the Agency on August 15, 1988.

Both construction permits require that stack tests be

undertaken to demonstrate

compliance..

Smurfit intends to have

the new incinerator

installed by the end of 1988 and to be able

to demonstrate compliance within 90 days thereafter,

or by the

end of March, 1989 (R. at 58),

However, the incinerator on the

flexographic line cannot be installed until April

1,

1989 due

to

plant modifications which are

to be undertaken first

(R.

at 30—

3)..

Accordingly, Smurfit proposes to demonstrate compliance on

the flexographic line within 90 days thereafter,

or by July 1,

1989

(R.. at 60,

66)..

The Agency agrees that both demonstration

deadlines are reasonable

(R.

at 108),

and recommends that the

variance be conditioned accordingly (Amended Agency Rec..

at

2)..

HARDSHIP AND ENIRONMENTAL IMPACT

The Agency summarizes the matter of hardship as follows:

Immediate compliance with the VOM requirements of

Section 215, Subpart P

is not feasible.

Indeed,

the

IEPA has stated as

a matter

of record

in the

rulemaking proceeding which

led

to the adoption

of

Section 2l5..245 that “expeditious installation” of

control equipment at affected facilities would

take

one year

from the date that regulation was enacted..

The Agency does not expect Smurfit to be able

to do

in two months

(November and December of

1987) what

it

reasonably expects will take one year at the

earl iest.

93—193

---

—4--

The Agency agrees with Smurfit that compliance with

the VOM emission limitations of Section 215.401 will

create an unreasonable hardship for

its Schaumburg

operations.

Because Smurfit cannot realistically

install and operate control equipment immediately,

its only compliance alternatives are

to either

reduce

operations so that VOM emissions do not exceed

100

tons annually or shut down its printing operations.

In light

of the fact that more than 80

of all

products manufactured at Smurfit are printed using

the flexographic and rotogravure presses,

a shut down

of the presses would very likely result

in a shut

down of the entire plant and a temporary loss of 87

jobs with a $3.2 million annual payroll..

A decrease

in production significant enough

to reduce VON

emissions from its printing operations

of 100 T/yr

or

less would,

in

all likelihood, have

a similar adverse

impact upon plant operations..

Agency

Rec..

at 22-23.

Contrasting with hardship is

the issue

of environmental

impact..

The ozone monitor nearest to Smurfit’s facility

is

located at 2nd and Thacker

in Des Plaines, approximately eight

miles east of the Schaumburg Plant.

No ozone excursions were

recorded at this monitor during 1986,

but two were recorded

during 1987

(Agency Rec,

at 15).

Nevertheless, given the large

number of VON sources

in the Chicago area and the multiple number

and magnitude of excursions beyond

the ozone standard throughout

the Chicago area during both 1987 and 1988,

it

is difficult to

quantify Srnurfit’s contribution to this environmental problem.

However, Smurfit’s compliance program,

if successful, will

significantly reduce

the amount of VOM emitted by its facility.

CONCLUSION

In view of the hardship here demonstrated, as well

as the

projected environmental effects during the term of

this proposed

variance,

the Board

finds that adequate proof has been presented

that immediate compliance with 35

Ill. Mm, Code 215, Subpart P,

would impose an arbitrary or unreasonable hardship upon

Petitioner..

Accordingly, the relief will be granted with

conditions consistent with the Illinois Environmental Protection

Act..

This Opinion constitutes

the Board’s findings of fact and

conclusions

of law in this matter..

93—194

---

—5--

ORDER

Petitioner, Jefferson Smurfit Corporation,

is hereby granted

variance from 35

Ill..

Adm..

Code 215, Subpart P

(35 Ill. Adm. Code

215..401—2l5..4l7)

for its facility located at 1228 Tower Road

in

Schaumburg,

Illinois, subject

to the following conditions:

1)

With respect to the operation of the line(s)

to be

controlled by the thermal afterburner, as

identified

in

construction permit

No.. 87110095

issued June 13,

1988,

variance begins on January

1,

1988 and expires on March

31,

1989.

2)

With respect

to the operation of

the line(s)

to be

control by the catalytic afterburner, as identified

in

construction permit No. 8806055 issued August 15,

1988,

variance begins on January

1,

1988 and expires on July

1,

1989.

3)

During

the term of this variance, Petitioner shall

submit quarterly written reports

to the Agency detailing

all progress made

in achieving compliance with 35

Ill,

Adm.. Code 215 Subpart P at

its Schaumburg

Plant..

The

first quarterly report shall be due thirty

(30) days

from the date of this Order.

The quarterly reports

shall

include monthly VOM emission data from the press

department.

The first quarterly 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 rotogravure

printing process..

All of the above information shall

be

submitted to the Agency at the following addresses:

(a)

Manager, Permit Section

Division of Air Pollution Control

Illinois Environmental Protection Agency

1340

N.. Ninth Street

Springfield, Illinois

62702

(b)

Manager, Field Operations Section

Division of Air Pollution Control

Illinois Environmental Protection Agency

1701 S.

First Avenue, Suite 600

Maywood,

Illinois

60153

4)

Petitioner

shall abide by all conditions of construction

permits No. 87110095,

issued June 13,

1988 and No..

8860055,

issued August 15,

1988..

5)

Operation of the thermal afterburner constructed

pursuant

to construction permit No. 87110095,

issued

June 13, 1988,

is not allowed until

an operating

permit

93—195

---

—6--

is

issued by the Agency, pursuant to

35

Ill.

Adm.. Code

Section 201.143.

6)

Operation of the two new rotogravure presses constructed

pursuant to construction permit No,

8806055,

issued

August 15, 1988,

is

not allowed until an operating

permit is issued by the Agency, pursuant to

35

Ill.. Adm.

Code Section 201.143..

7)

Within 45 days of the date of this Order, Petitioner

shall execute and forward to Joseph

R.. 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 87—184, October

20,

1988.

Petitioner

Authorized Agent

Title

Date

Section 41 of the Environmental Protection Act, Ill.

Rev.

Stat.

1987

ch.

1111/2 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.

93—196

---

—7--

I, Dorothy M. Gunn,

Clerk

of

the Illinois Pollution Control

Board, hereby certify that

the above Opinion and Order was

adopted on the

~26tZ

day of

___________________,

1988,

by a

vote

of

7—o

~

~).

/LY

Dorothy r4.(~’unn, Clerk

Illinois P~’l1utionControl Board

93—197