ILLINOIS POLLUTION CONTROL BOARD
    February 25,
    1988
    NATIONAL CAN COMPANY,
    Petitioner,
    v.
    )
    PCB 87—67
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    MR. MARK STEGER APPEARED ON BEHALF OF PETITIONER, NATIONAL CAN
    COMPANY;
    MS. BOBELLA GLATZ APPEARED ON BEHALF OF RESPONDENT,
    ILLINOIS
    ENVIRONMENTAL PROTECTION AGENCY.
    OPINION AND ORDER OF THE BOARD
    (by J.D.
    Dumelle):
    This matter
    comes before the Board upon
    a Petition For
    Variance Extension,
    filed
    on May 19,
    1987.
    The Illinois
    Environmental Protection Agency (Agency)
    filed
    its initial
    recommendation on July
    2,
    1987.
    On July
    27,
    1987,
    Petitioner
    filed an Amended Petition For Variance; and the Agency filed
    Additions
    To Previously Filed Recommendation on September
    17,
    1987.
    On November
    6,
    1987 Petitioner
    filed
    its Second Amended
    Petition For Variance; and on February
    17,
    1988 Respondent
    filed
    Post hearing Comments.
    Hearing was held on January
    13,
    1988
    at
    Hoopeston City Hall, Vermillion County,
    Illinois.
    As the matter presently stands, Petitioner
    seeks
    a variance
    from the Emission Limitations
    For Manufacturing Plants, Can
    Coating, set forth at
    35
    Ill. Adm. Code Section 215.204(b)(6).
    Pet.
    p.
    1.
    The Agency initially opposed Petitioner’s
    request
    but later recommended approval
    if certain
    conditions were
    imposed.
    (R. 6).
    RELIEF SOUGHT BY PETITIONER
    Petitioner
    seeks
    a variance until December
    31,
    1988 from the
    emission limitations of
    35
    Ill. Adm. Code Section 2l5.204(b)(6),
    which limits emissions of volatile organic matter
    to
    3.7
    lb/gal.
    Petitioner seeks
    a variance allowing
    the emission of 4.4
    lb/gal
    of VOM for the duration of
    the variance.
    Pet.
    p.
    7.
    The asserted purpose
    of the variance
    is
    to allow Petitioner
    sufficient time
    to replace
    the currently used non—compliant end—
    86—345

    —2—
    sealing compounds.
    Petitioner states
    that
    if the anticipated
    reformulated compound is unacceptable,
    it will
    install sufficient
    control
    technology
    in order
    to achieve compliance.
    (R.
    4).
    The Agency,
    although initially disapproving
    of Petitioner’s
    request, now recommends approval with certain conditions.
    These
    conditions are more fully set
    forth,
    infra.
    BACKGROUND
    National Can Corporation,
    located
    in Hoopeston,
    Vermillion
    County,
    Illinois,
    is
    a facility of approximately 323,000 square
    feet and employs approximately 155 people.
    The facility
    manufactures metal containers
    which
    are sealed by use
    of
    compounds containing volatile organic matter.
    Hence
    the
    operation is regulated by 35
    Ill. Adm.
    Code Section 215.202 et.
    seq.
    Although
    the facility previously utilized soldered can
    side—seamers,
    three new welded can side—seamers
    using
    compliant
    side—seam stripes
    have been added.
    The operation currently
    consists of the following:
    Three
    (3) welded side—seam lines
    Three
    (3)
    solid side—seam lines
    Seventeen
    (17) end presses
    Thirty
    (30)
    compound liners
    Two
    (2) gas fired boilers.
    VOM emissions do not occur
    at only one stage
    in Petitioner’s
    manufacturing process.
    Although most VOM’s evaporate during the
    drying process,
    some VOM’s are emitted
    later during coating and
    compound application phases as well
    as during conveyance
    to the
    packaging area.
    It
    is believed
    that VOM emissions are largely
    generated by the end—sealing compounds.
    Rec.
    p.
    5.
    Stacks are
    used to exhaust VOM emissions
    to the atmosphere.
    Rec.
    p.
    2.
    Business fluctuations make use of annual averages difficult
    and speculative, but Petitioner’s facility currently emits
    less
    than 250 tons/year;
    and including emissions expected during the
    term of
    the variance emissions should not exceed this amount.
    On February
    5,
    1981,
    the Board granted Petitioner’s
    predecessor
    in interest
    a variance until October
    1,
    1984.
    PCB
    80—213.
    That variance was subsequently extended until December
    31,
    1987,
    in PCB 84—106.
    Now Petitioner
    seeks extension until
    December
    31,
    1988.
    ENVIRONMENTAL IMPACT
    Petitioner’s facility
    is located
    in Vermillion County, Grant
    Township,
    which
    is
    in attainment
    for both primary and secondary
    National Ambient Air Quality Standards
    NAAQS
    for all criteria
    pollutants,
    except for carbon monoxide
    (which
    is unclassified).
    Rec.
    p.
    6.
    86—346

    —3—
    According
    to the construction permit application submitted
    by Petitioner, estimated VOM emissions
    from the two, new, end—
    sealing
    lines are 34.57 tons/year with
    an allowable emission
    limitation of 19.24
    tons/year.
    The increase
    is 15.4 tons/year
    in
    excess of
    the allowable limit.
    However,
    Petitioner has achieved
    some reduction by transferring sheet coating operations
    to a
    facility
    in Indiana.
    There are no enforcement actions currently
    pending against Petitioner.
    VOM’s are precursors
    of ozone, which can have adverse health
    effects on the elderly and on persons with respiratory and
    cardiac problems.
    The closest ozone monitor
    (in Champaign)
    to
    petitioner’s facility recorded one unhealthful day on June
    15,
    1987.
    Recordings
    taken at that time indicated
    a level
    of 0.123
    ppm ozone.
    However,
    this event
    is believed
    to have been caused
    by transport from the Chicago area.
    Rec.
    p.
    6.
    In all
    Petitioner has reduced
    its total VOM emissions by 202 tons for
    the period
    1979—1986.
    Pet.
    p.
    5.
    In sum, Petitioner’s facility
    is not likely
    to cause
    significant environmental harm during
    the term of
    the requested
    variance.
    Additionally, Vermillion County is not experiencing a
    significant,
    local, ozone exceedance problem.
    Consequently, the
    Board finds
    that any environmental impact caused by the granting
    of this variance would be minimal.
    COMPLIANCE ALTERNATIVES
    Petitioner’s Second Amended Petition contains several
    alternatives
    to the use of compliant VOM end—sealing compounds.
    Petitioner claims
    that it considered compliance via the
    installation
    of
    a drier capture system that drives off VOM5 prior
    to packing, palletizing and warehousing.
    Exhibit No.
    3 attached
    to the Second Amended Petition presents
    a scenario utilizing a
    70
    capture
    ratio.
    The projected cost of this system is $1.4
    million, with costs per ton of $2,424.
    However,
    the Petition
    notes that a 70
    capture efficiency may not be achievable.
    Lower
    capture efficiencies would result
    in
    a proportionally higher cost
    per ton; and the system could require over two years to develop
    and test before full
    implementation.
    Petitioner
    also considered
    the use of catalytic
    incineration.
    However, utilizing
    this would require
    a curing
    room hexane concentration of
    1,000 ppm, which would exceed OSHA
    exposure level limitations.
    This system’s projected cost was
    $578 per ton of control.
    The capture efficiency
    is believed too
    low to
    be effective.
    Petitioner has undertaken the testing
    of new reformulated
    compliant end—sealing compounds.
    The first phase has been
    86—347

    —4—
    successfully completed and the second phase has proceeded without
    problems.
    However, customer approval of new end—sealing
    compounds
    is
    a lengthy process.
    Approval
    is not expected before
    spring
    of
    1988.
    HARDSHIP AND PLAN OF COMPLIANCE
    Since
    1980 Petitioner’s ratio of VOM exceedance
    to allowable
    has decreased markedly.
    Pet.
    Table No.
    2.
    There
    is no
    reason
    to
    believe
    that this will not continue.
    Although two new end—
    sealing lines, which use non compliant compounds,
    have been
    added, Petitioner and the Agency are optimistic
    that this
    situation will shortly change;
    Petitioner
    is currently testing
    a
    water—based,
    fat—resistant, end—sealing compound.
    This compound
    has no VOM.
    Additionally, Petitioner has been notified by one
    of
    its suppliers
    that
    a compliant, high solids, solvent—based,
    fat
    resistant end—sealing compound will soon be available.
    Pet.
    4.
    Petitioner has requested
    a variance to operate new and
    existing end—sealing
    lines with non—compliant end—sealing
    compounds
    to allow time
    for the manufacture of compliant
    compounds.
    Petitioner believes,
    that it can introduce these
    compounds on or before December
    31,
    1988.
    Likewise the IEPA
    believes that Petitioner
    has “an excellent reformulation
    possibility that may bring
    it into compliance during the summer
    of 1988.”
    (R.
    6).
    Nonetheless,
    Petitioner will know in April
    of
    1988 whether
    its reformulation will
    be successful.
    This will provide
    sufficient
    time for
    it to install controls
    ——
    if needed.
    This
    being
    the case,
    the Board finds
    that the Petitioner would
    incur
    an arbitrary
    or unreasonable hardship were variance not
    to be
    granted.
    This Opinion contains
    the Board’s findings of fact and
    conclusions of
    law.
    ORDER
    Petitioner
    is hereby granted
    a variance from 35
    Ill. Mm.
    Code Section 215.204(b)(6), subject
    to the following conditions:
    1.
    This variance shall expire on December
    31,
    1988.
    2.
    Emissions
    of VOM5 from Petitioner’s Hoopeston facility
    shall remain less than 250 tons/year.
    3.
    Petitioner
    shall submit quarterly written reports
    to
    the Agency until December 31,
    1988.
    Those reports
    shall detail emissions, including
    a report of emission
    levels
    from the Hoopeston facility.
    ~6—348

    —5—
    4.
    Petitioner shall submit to the Agency monthly reports
    detailing
    the status
    of the reformulated process
    regarding water—based, end—sealing materials currently
    being investigated.
    5.
    Petitioner shall submit
    a capture efficiency plan
    regarding the Hoopeston facility to the Agency on or
    before March
    31,
    1988.
    The plan shall be drafted
    consistent with
    a document entitled “Practical Aspects
    of Determining Capture Efficiency,”
    a paper presented
    by Mr. Dennis Crumpler,
    (who
    is employed by USEPA)
    at
    the Air Pollution Control Association’s international
    specialty meeting on “the scientific and technical
    issues facing post—1987 ozone control strategies.”
    The
    plan must include
    a total enclosure system in
    accordance with Exhibit No.
    6, from the hearing on
    January 13, 1988.
    Any modifications to the procedures described
    in
    Exhibit No.
    6 shall
    be approved by IEPA and USEPA
    within four months of submission of the plan.
    The
    effect of failure
    to gain IEPA or
    USEPA approval
    to
    these modifications within the four—month period shall
    be that Petitioner must conduct
    the capture efficiency
    test without modifications,
    as described
    in Exhibit No.
    6.
    6.
    A calibrated flame ionization detector shall
    be
    utilized
    to measure capture efficiency.
    Petitioner shall notify the Agency 20 days
    in advance
    of the capture efficiency testing.
    Such notification
    shall be supplied
    to Mr. John Justice, Regional
    Manager, Collinsville Office of Air Pollution Control.
    The capture efficiency
    test shall be conducted as
    stated
    in the plan previously submitted
    to and approved
    by IEPA.
    Test results shall be submitted to the Agency
    within 14 days
    of the completion of
    the study.
    Within 45 days after
    the submission of the test results
    to the Agency, National Can shall submit a plan
    outlining
    the schedule for installation
    of the control
    technology eventually agreed upon as a result of the
    capture efficiency study.
    7.
    Within 90 days after
    the submission of the test results
    to the Agency, National Can shall file an application
    for construction permit with the Agency,
    and
    construction shall not begin prior
    to Petitioner’s
    receipt of
    its construction permit.
    86—349

    —6—
    8.
    During the period of variance,
    the alternative emission
    limitation applicable
    to National Can’s end—sealing
    compounds shall
    be 4.4 pounds of volatile organic
    material per gallon, minus water
    from a running total
    of
    12 months
    of data.
    9.
    The plans and reports specified
    to be submitted
    to the
    Agency under this variance shall be sent
    to the
    following address:
    Illinois Environmental Protection
    Agency,
    Division of Air Pollution Control,
    1340 North
    9th Street,
    Springfield, Illinois,
    62706.
    10.
    Within forty
    five
    (45)
    days after
    the date of this
    Order
    the Petitioner
    shall execute
    and send to:
    Ms. Bobella Glatz
    Enforcement Attorney
    Illinois Environmental Protection Agency
    2200 Churchill Road
    P.O. Box 9276
    Springfield,
    IL 62794—9276
    This variance shall be void
    if Petitioner fails
    to
    execute and forward
    the certificate within the forty—
    five day (45) period.
    The forty—five day period shall
    be held
    in abeyance during any period that this matter
    is being appealed.
    The form of said Certification
    shall be as follows:
    CERTIFICATION
    I,
    (We),
    National Can Corporation, having read the Order
    of
    the Illinois Pollution Control Board,
    in PCB 87—67, dated
    February
    25,
    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
    Date
    Section
    41 of
    the Environmental Protection
    Act,
    Ill. Rev.
    Stat.
    1985,
    ch. 111—1/2, 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.
    86—350

    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of
    the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was
    adopted
    on the
    ______________
    day ~
    1988 by a vote
    Iliino
    on Control Board
    86—35 1

    Back to top