ILLINOIS POLLUTION CONTROL BOARD
March 24, 1988
PRINTPACK, INC.,
Petitioner,
v.
)
PCB 87—189
ILLINOIS E~VIRONt4ENTAL
PROTECTION AGENCY,
Respondent.
MR. J~N1ES S. STOKES OF ALSTIN AND BIRD, ATLANTA, GEORGIA,
APPEARED
ON
BEHALF OF
THE
PETITIONER
MR. JOSEPH R. PODLE~~SKIAPPEARED ON BEHALF OF THE RESPONDENT.
OPINION
AND
ORDER OF THE BOARD (by Michael Nardulli):
This matter comes before the Board upon a November 30, 1987
Petition for variance filed on behalf of Printpack, Inc.
(hereinafter “Printpack”). Printpack requests variance from the
revised flexographic and rotogravure printing rule, 35 Iii. Adm.
Code 215.245, which requires that sources of volatile organic
r~atter (hereinafter “VOM1’) emissions be in compliance by December
31, 1987. The requested period for variance is until March 31,
1989.
Public hearing was held on January 21, 1988 at 10:00 a.m. in
the Council Conference Room, 150 Dexter Avenue, Elgin,
Illinois. The Hearing Officer was Mr. Richard Sikes. On January
29, 1988, the Petitioner submitted its brief to the Board, and on
February 3, 1988 the Illinois Environmental Protection Agency
(hereinafter ~Agency”) submitted its brief to the Board. The
Agency also submitted its variance recommendation on January 15,
1988, to grant, subject to conditions prior to the public hearing
on the matter. The Statutory Decision Deadline for the request
for variance is March 29, 1988.
Based on the record, the Board finds that Printpack’s
request for variance should be granted, subject to the conditions
recommended by the Agency. The granting of the variance will
allow Printpack to avoid an arbitrary or unreasonable hardship
that would not be justJfied by the environmental impact.
87—181
—2—
BACKGROUND
Printpack is a flexible packaging converter located in
Elgin, Kane County, Illinois. Printing at the facility is
performed on three presses: one four—color flexographic press,
one six—color flexographic press and one eight—color packaging
rotogravure press. The solvent fraction of the inks used in the
presses include materials classified as VON under the Illinois
Pollution Control Board’s Air Pollution Control Regulations (35
Ill. Adm. Code 211.122). Presently, VON emissions from Printpack
are uncontrolled and vent through stacks, roof ventilation, doors
and windows directly to the atmosphere. Printpack estimates that
total VOM emissions attributable to its printing operation were
485 tons in 1987.
VON emissions from flexographic and rotogravure printing
operations in Illinois are regulated under 35 Ill. Adm. Code 215,
Subpart P. Section 215.401 imposes VON emissions limitation on
rotogravure and flexographic printing operations; however, until
recently facilities such as Printpack, which emitted less than
one—thousand (1000) tons of VOM yearly from rotogravure and
flexographic printing operations, were exempt from these
limitations (35 Ill. Adm. Code 215.402). Because Printpack could
not comply with the requirements of 35 Ill. Adm. Code 215.401 by
December 31, 1987, it filed the instant petition for variance
with the Board on November 30, 1987. In this petition, Printpack
seeks relief from 35 Ill. Adm. Code 215.245 until March 31, 1989,
to enable it to install VON control equipment on its flexographic
and rotogravure presses. Printpack believes that the proposed
controls will satisfy the requirements of Section 215.401 and
result in compliance with that rule at the end of the variance
period. Printpack’s filing of a variance petition within twenty
days
of the effective date of Section 215.245
stays the
enforcement of that rule as to Petitioner
dur ing the pendency of
this variance proceeding.
Ill. Rev. Stat. ch. llli/2,
par.
l038(b)(l985); 35111. Adm. Code 104.102.
PETITIONER’S COMPLIANCE PLAN
After a review of the commercially available control
technologies applicable to their industry and plant, Printpack
has decided to control the VON emissions from its printing
operation through thermal/catalytic incineration. It has ordered
a 30,000 SCFM catalytic incinerator with a guaranteed 95
destruction efficiency. The system should be able to produce an
overall reduction of 60 on the flexographic presses and 65 on
the rotogravure press, as required by Section 215.401(d) (2) and
(3). The incinerator is scheduled for delivery by September of
1988, installation by November of 1988, start up by December,
1988 and continuous operation on January 3, 1989. Printpack
plans to demonstrate compliance, through written reports, by
March 31, 1989. Although a significant VON emissions reduction
will only be realized at the end of the proposed variance period,
87—182
—3—
Printpack will endeavor to minimize its fugitive VON emissions
during the variance. Deck covers will he used on all print
stations. Lids will be used on all solvent waste storage drums.
Kits will be covered and solvent dispensing canisters will be
closed except when in use.
HARDSHIP
AND ENVIRONMENTAL IMPACT
Absent a grant of variance, the Agency can not issue 1988
operating permits to Printpack. Absent operating permits,
Printpack could not legally conduct its current operations. On
this basis, there would be unquestionable hardship associated
with denial of the requested variance.
Contrasting with the hardship is the issue of environmental
impact. The materials emitted from Printpack’s operations do
have a slight solvent odor, although no odor complaints have been
recorded. Additionally, Kane County and the nearby Chicagoland
area have been designated as areas for which ambient air quality
standards for ozone have not been attained. The ozone monitor
located closest to the Printpack facility is at Larsen Junior
High School in Elgin, approximately two miles southeast of the
plant. In 1986 and 1987, no ozone exceedances were detected at
this monitor. However, there were multiple exceedances of the
ozone AAQS in the Chicago metropolitan area (Air Quality Control
Region) in 1987. As a major hydrocarbon source in an ozone non—
attainment area, Printpack contributes to an unquantified degree,
to the “frequent, pervasive and substantial” violations of the
ozone AAQS in northern Illinois. Granting of the requested
variance therefore will adversely impact the air quality of Kane
County, and surrounding regions. However, Printpack’s compliance
program, if successful, will significantly reduce the amount of
VON emitted by this facility.
AGENCY RECOMMENDATION
In its variance recommendation of January 13, 1988, the
Agency agrees that the Petitioner’s compliance plan is a workable
plan and that the failure to grant a variance would result in an
arbitrary or unreasonable hardship. The Agency also states that
it has reviewed the petition for variance, the applicable air
quality standards, the most recent Illinois Annual Air Quality
Report and all other information which would normally be
necessary to obtain approval of a revision to the SIP by tJSEPA,
and they believe that if the Board grants the variance as
requested, it will be approved as a SIP revision should 35 Ill.
Adm. Code 215.245 be approved as part of the Illinois SIP. For
the aforementioned reasons, the Agency recommended that the
variance be granted subject to the conditions incorporated into
this Order.
87—183
—4--
SUMMARY
The Board notes that the environmental
impact is relatively
small and the time over which
Printpack would be
out of
compliance, by the terms of the variance, would be relatively
short. On this basis, the Board must conclude that the hardship
associated with a denial of the variance, would be arbitrary or
unreasonable. The Board will grant the requested variance,
subject to conditions intended to insure that Printpack
expeditiously comes into compliance.
This Opinion constitutes the Board’s findings, of fact and
conclusions of law in this matter.
ORDER
Petitioner, Printpack Packaging Corporation, is hereby
granted variance from 35 Ill. Adm. Code 215.245 subject to the
following conditions:
1) The variance expires on March 31, 1989.
2) During the term of this variance, Printpack 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 plant
located at 1400 Abbott Drive, Elgin. The first
quarterly report will be due thirty (30) days from
the date of the Board order granting the variance.
These quarterly reports shall include monthly VOM
emission data from each printing press. 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 and coatings used during the flexographic
and rotogravure printing processes. All of the
above information shall be submitted to the Agency
at the following address:
A. Manager, Permit Section
Division of Air Pollution Control
Illinois Environmental Protection Agency
1340 N. Ninth Street
Springfield, Illinois 62702, and
B. Manager, Field Operations Section
Division of Air Pollution Control
Illinois Environmental Protection Agency
1701 S. First Avenue
Suite 600
Maywood, Illinois 60153
87—184
—5—
3. No later than ninsty (90) days prior to initiation
of construction of a VON control system, Printpack
shall submit an application for a construction
permit for that system in accordance with 35 Ill.
Adrn. Code 201.152. Construction shall not begin
until a construction permit is issued. Operation of
the emission control system is not allowed until an
operating permit is issued by the Agency, pursuant
to Section 35 Ill. Adm. Code 201.143.
4. Printpack 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
2.8. The
Agency’s Emission Source Specialist shall
be further notified a minimum of five (5) working
days of the exact date, time and place of these
tests, to enable the Agency to witness these tests.
5. During the period of this variance VON emissions
from flexographic and rotogravure printing
operations shall not increase more than 20 above
projected 1987 levels.
6. Within forty five (45) days after date of the Board
Order, the Petitioner shall execute
arid send to:
Mr. Joseph R. Podlewski, Jr.
Enforcement Attorney
Illinois Environmental Protection Agency
1701 S. First Avenue
Suite 600
Maywood, IL 60153
A certification of its acceptance of this variance
by which it agrees to be bound by its terms and
conditions This forty—five (45) day period shall be
held in abeyance for any period during which this
matter is being appealed. If the Petitioner fails
to execute and forward the agreement within a forty—
five (45) day period, the variance shall be void.
The form of the Certification shall be as follows:
87—185
—6—
CERTIFICATION
Printpack, Inc. hereby accepts and agrees to be bound by all
terms and conditions of the Order of the Pollution Control Board
in PCB 87—189 dated
________________________,
1988.
Petitioner
By: Authorized Agent
Ti tie
Date
Section 41 of the Environmental Protection Act, Ill. Rev.
Stat. 1985 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.
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion
~id Order was
adopted on the
__________________
day of
777
~t.&~.I/
1988, by a vote of
_______________.
Dorothy N. Gunn, Clerk
Illinois Pollution Control Board
87—186