ILLI~TOI3 POLLJTIOI CONTROL 3O~1RD
February 25, 1988
LUSTOUR PACKAGING CORPORATION,
Petitioner,
v.
)
PCB 87—99
ILLINOIS ENVIRONMENTAL
PROT~’CTIO~J~ENCY,
Respondent.
MR. THOMAS D. S~H~ARTZ,F~IRICH 3HOE~ MAGER &
GR~N,
APPE~R~DON
BEHALF OF PETITIONER,
MR. CH7~Rt~:~3M. HAYDU~( APPEARED
O~~1
B~HALF OF R~SPO’1DE~T.
OPINION AND ORDER OF THE BOARD (by R. C. Flemal):
This matter comes before the ~3oarduoon a request for
variance filed by Lustour Packaging Corporation (“Lustour”).
Lustour requests variance from 35 Iii. Mm. Code 215.405, which
requires that sources of volatile organic material (“VOM”)
emissions located in attainment counties cornply with rules
regarding Flexographic and Rotogravure Printing by December 31,
1987. The requested period of varianc~ is until December 31,
1988.
Based on the record before it, the Board finds that Lustour
would incur an arbitrary or unreasonable hardship, not justified
by the environmental impact, if the requested relief were to be
denied. Accordingly, the variance will be granted, subject to
conditions.
PROCEDURAL HISTORY
Lu~tourfiled its original Petition for Variance on July 13,
1987. Pursuant to a Board Order for more information dated July
l~5, 1997 and a Board Order dated Seotember 4, 1997 granting
additional time to file, Lustour filed an Amended Petition for
Variance on September 28, 1987.
On December 1, 1997, the Illinois Environmental Protection
Agency (“Agency”) filed a recommendation that the requested
relief be denied. Lustour and the Agency thereafter entered
negotiations to resolve differences (R. at 5). At hearing, held
December iS, 1987 in Carbondale, Lustour and the Agency announced
that they had reached agreement on a mutually acceptable modified
variance request, thus framing the matter as it currently stands
86—357
—
before the Board. Additionally, on February 3, 1988 the Agency
filed an Amended Recommendation in which it recommends grant of
the requested variance subject to conditions, and on February 16,
1930 Lustour filed a Response to Amended Recommendation in which
it notes that it has no objection to the conditions recommended
by the Agency.
B ~C
KG ROUND
Lustour is a producer of rotogravure and flexograohic
printed and laminated packaging and label materials which have
primary use in the food orocessing industry. Lustour’s
headquarters and single manufacturing site is located in
Murphy3b.oro, Jackson County. Lustour has 231 employees and is
the largest manufacturing company located in Murphysboro.
Lustour discharies VOM to the atmosohere as a consequence of
its manufacturing operations. The emissions are derived from
solvents contained in raw materials plus solvents added as a oart
of the manufacturing process. Total VOM emissions for the years
1994 through 1986 were 1539, 1396, and 1457 tons, respectively.
35 Ill. Adm. Code 215.405 specifies in pertinent part that
flexograohic and rotogravure printing fecilities located in
attainment counties, of which Jackson County is one, be in
compli3nce with the VOM limitations of 35 Ill. Adm. Code Subpart
P by December 31, 1987. Exception is provided pursuant to 35
Ill. Mm. Code 215.402 for facilities whose aggregate
uncontrolled emissions are limited by operating permit to 1000
tons per year. Lustour is not no~iin comoliance with Suboart P
and currently fails to qualify for the exception of 215.402.
Lustour accordingly requests variance from 215.405, during the
pendency of ~ihichit proposes to undertake steps necessary to
qualify for the 215.402 exceotion.
COMPLIANCE PLAN
Lustour proposes during the period of the variance to
reolace some of its currently—used, VOM—based raw materials with
water—based materials, and thereby reduce its annual VOM
emissions to a number less than 1000 tons per year. If Lustour
can achieve this reduction, the Agency could grant an operating
permit for the year 1989 which limits Lustour’s aggregate
emissions to 1000 tons per year, thus enabling Lustour to qualify
for the exception secified in 215.402. The end result would be
that, upon issuance of the 1989 permit, Lustour would no longer
be subject to the Subpart P limitations. Nevertheless, in
qualifying for and in maintaining the exception, Lustour would
achieve a significant reduction in VOM emissions, a circumstance
which is in accord with the spirit of Subpart P.
86—358
—3—
Lustour’s February 16, 1988 filing contains an appended
schedule of compliance by which Lustour purports to be able to
achieve its VOM reduction goal.
H~RDSHIP ~ND E’~VIRONMENTALIMPACT
Absent grant of variance, the Agency can not issue 1998
operating permits to Lustour. Absent operating permits, Lustour
could not legally conduct its current ooerations, leaving Lustour
open to an enforcement action and possible loss of revenues and
jobs for its workforce. On this basis there would be
unquestionable hardship associated with denial of the requested
var iance.
However, the Board can not but observe that the compliance
deadline of December 31, 1987, specified in 215.405, was enacted
effective January 21, 1983. Thus, Lustour was on notice for
almost five years that it would be required to achieve compliance
by the December 31, 1987 deadline. That Lustour now faces loss
of its operating permits for having failed to timely comply
therefore implies a self—imposed hardship. In its defense,
Lustour points out that it has recently faced severe financial
difficulties.
Contrasting with the hardshio is the issue of environmental
impact. The materials emitted from Lustour’s operations do have
a slight solvent odor, although no odor complaints have been
recorded. Additionally, Jackson County and all of the adjacent
counties have been designated as areas for which ambient air
quality standards for VOM have been attained. Granting of the
requested variance therefore should not greatly impact the air
quality of Jackson County, nor of surrounding regions. Lastly,
Lustour’s compliance program, if successful, will significantly
reduce the amount of VOM emitted by this facility.
SUMMARY
The Board notes that the environmental impact is relatively
small and the time over which Lustour 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
denial of variance, although arguably self—imposed, would
nevertheless be arbitrary or unreasonable. For these reasons the
Board will grant the requested variance, subject to conditions
intended to insure that Lustour expeditiously comes into
compliance.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
86—3 59
—4—
ORDER
Petitioner, Lustour Packaging Corporation, is hereby granted
variance from 35 Ill. Mm. Code 215.405 subject to the following
conditions:
1) Variance expires on December 31, 1988.
2) During the calendar year 1988 Petitioner’s aggregate
uncontrolled emissions of volatile organic materials
shall not exceed 1200 tons.
3) Petitioner shall submit to the Agency a schedule of
compliance using water—based inks, lacquers, and
adhesives sufficient to reduce emissions of volatile
organic materials to a level equal to or less than 1000
tons per year by December 31, 1988 and sufficient to
achieve and maintain an emissions rate of 1000 tons per
year for each calendar year thereafter.
4) Petitioner shall implement the schedule of compliance of
3).
5) Thirty (30) days from the date of this order, and each
month thereafter for the term of the variance,
Petitioner shall submit a reoort to the Agency in which
Petitioner specifies its current monthly rate of
emissions of volatile organic materials and its orogress
made in achieving compliance. Such report shall be
forwarded to:
Mr. John Justice, Regional Manager
Division of Air Pollution Control
Illinois Environmental Protection Agency
2009 Mall Street
Collinsville, IL 62959
Within 45 days of the date of this Order, Petitioner shall
execute and forward to Bobella Glatz, Enforcement Programs,
Illinois Environmental Protection Agency, 2200 Churchill Road,
P.O. Box 19276, Soringfiel3, Illinois 62794—9276, 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:
86—3 60
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—98, February 25,
1988.
Petitioner
Authorized ~\gent
Title
Date
Section 41 of the Environmental Protection Act, Ill. Rev.
Stat. 1985 ch. 11.l/2 par. 1041, provides for appeal of final
Orders of the Board within 35 days. The Rules of the Suoreme
Court of Illinois establish filing requirements.
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 of
___________________,
1988, by a
vote of 7—~~2
.
borothy M. ~nn, Clerk
Illinois Pollution Control Board
86—361