ILLINTOIS POLLUTION CONTRJL BO\RD
February 25, 1988
CELLU—CR~FT MIDWEST, INC.
(Beliwood Plant),
Petitioner,
v.
)
PCB 87—187
ILLINOIS ENVIRONMENThL
PROTECTION P~GENICY,
Respondent.
MR. GUY
V.
CROTEAM
kPP~RED ON BE~T~L~’OF PETITIO~’1~
MR. JOSEPH R. PODLEWSKI, JR., P~PPEP~REDON BEHP~LF OF RESPONDENT.
OPINIO~ ~ ORD’~ROF TH~ BOkRD (by R. C. Flernal):
This matter comes before the Board upon a Petition for
Variance filed November 30, 198~ by Cellu—Craft ~4idweet, Inc.
(“Cellu—Craft”) on behalf of its plant located in Bellwood,
Illinois. Cellu—CraEt requests variance unti.1 ~pril 15, 1988
from the requirements of 35 Iii. Adm. Code 215, Subpart P, for
flexographic pri.nting operations in ozone non—attainment areas.
On January 15, 1988 the Illinois Environmental Protection
(“agency”) filed a recommendation that the requeste3 relief be
granted, subject to conditions. Hearing was held January 28,
1988 in Chicago.
CK~R’~UNP)
Cellu—Craft operates a flexoiraohic printing and laminating
facility located at 5303 St. Charles Road, Bellwood, Cook County,
Illinois, where it produces oackaging material, mainly for the
food industry. During the production of the packaging materials
volatile organic materials (“VOM’1) are released to t~e
atmosphere. The aggregate uncontrolled emissions of VOM at the
Bellwood facility exceed 100 tons per year.
Prior to November 9, 1987 Cellu—Craft was exempt from the
requirements of Sub~artP pursuant to the 1000 ton per year
aggregate uncontrolled emissions exemption then found at
215.402. However, in response to proposed U.S. Environmental
Protection ~gency disapproval of 215.402, the Board on October
19, 19)7 amended Subpart P to, inter alia, lower the exemotion
applicable to Cellu—Craft and similarly located facilities to 100
tons per year. The amendments, which became effective November
86—38 1
—2—
9, 1987, further require compliance with the emissions
limitations of Subpart P by December 31, 1997. Because it was
unable to achieve compliance within the available timeframe,
Cellu—Craft has requested the instant relief.
COMPLIANCE PROGRAM
Nothwithstanding the recentness of the applicability of
Subpart P regulations to Cellu—Craft ani nothwithstanding its
prior compliant status, Cellu—Craft has been investigating
various methods of reducing emissions for several years,
including substitution of inks (Agency Rec. at 4). Additionally,
as early as September 1986 Cellu—Craft completed an engineering
study prepartory to addition of add—on controls and in January,
1987 prepared soecifications for adding a catalytic
afterburner. However, during a mid—1987 retrofit of its
emissions recirculation system, consistent with t1ie installation
of a catalytic afterburner system, certain problems were
identified with the earlier soecified afterburner. ~ particular
problem was deactivation of the precious metal catalyst due to
chlorine in the airstrearn (R. at 18). Accor9ingly, Cellu—Craft
decided to purchase a combination thermal/catalytic oxidizer,
which was done in November 1987; the Agency has issued the
appropriate construction permit (R. at 8). Cellu—Craft
anticinates that installation of the oxidizer will take place in
March 1988, and that the oxidizer will be operational after April
15, 1988.
The Agency believes that the add—on equloment which Cellu—
Craft intends to install will readily meet the required reduction
in VOM emissions (~gencyRec. at 7).
HARDSHIP ~ND ENVIRONMENTAL IMPACT
In addressing the matter of hardship, the Agency notes:
The Agency believes that compliance with the VOM
emission limitation of Section 215.401 by December 31,
1987 will create an unreasonable hardship for Cellu—
Craft. Although it began its compliance efforts in
June of 1985
——
long before Section 215.245 became
effective
——
unforeseen events beyond Cellu—Craft’s
control
...
caused Ceilu—Craft’s compliance date to be
delayed by 3 1/2 months. Because Cellu—Craft cannot
realistically install and operate V3~1c~ntro1
equipment by December 31, 1987, its only compliance
alternative is to shut down its orinting operations.
It is likely that a shut down of the flexographic
presses would cause a shut down of the entire plant
and a temporary loss of 115 jobs. (Agency Rec. at 9)
86—382
—3—
Although Cellu—Craft’s facility is located in an ozone non—
attainment area, Cellu—Oraft shoul~ have its add—on control
equipment in operation at the onset of the 1988 ozone season.
Thus, any imoact of excess emissions during the term of the
requested variance should be mitigated.
CONCLUSION
Based on the recorl before it, the Board finds that, abs~nt
the requested relief, Cellu—Craft would incur an arbitrary or
unreasonable harlshio not justified by the environmental
impact. For these reasons the Board will grant the requested
relief, subiect to conditions.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
Cellu—Craft Midwest, Inc., is hereby granted variance for
its Bellwood, Illinois, facility from the requirements of 35 Ill.
Adm. Code 215 for flexograohic printing operations in ozone non—
attainment areas subject to the following conditions:
1) Variance shall begin January 1, 1988 and extend through
April 15, 1988.
2) During the term of this variance Cellu—Craft shall
submit monthly 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 5303
St. Charles Road, Bellwoo3, Illinois. The first monthly
report will be due thirty (30) days from the date of the
Board order granting the variance. These monthly
reports shall include monthly VOM emission data from
each printing oress. The first monthly reoort 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
flexograohic printing orocesses. All of the above
information shall be submitted to the Agency at the
following address:
1. Manager, Permit Section
Division of Air Pollution Control
Illinois Environmental Protection Agency
1340 N. Ninth Street
Springfield, Illinois 62702
86—383
—4—
2. Manager, Field Operations Section
Division of Air Pollution Control
Illinois Environmental Protection Agency
1701
S.
First Avenue
Suite 600
Maywood, Illinois 60153
2. Petitioner shall abide by all conditions of Permit No.
85110048, issued December 22, 1986.
Within 45 days of the date of this Order, Petitioner shall
execute aid forward to Mr. Joseoh B. Po’dlewski, Jr., Enforcement
Attorney, Illinois Environmental Protection Agency, 1701 S. First
Avenue, Suite 630, Maywood, Illinois 63153, a Certification of
Acceptance and Agreement to be bound to all terms and conditions
of this variance. The 43—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:
CE°~TIFICATION
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—187, dated
February 25, 1988.
Petitioner
Authorized Agent
Title
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.
8 6—384
—5—
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the aboye Opinion and Order was
adopted on the
‘~~-
day of
___________________,
1988, by a
vote of
7—c .
Dorothy M. Gunn, Clerk
~
Illinois Pollution Control Board
86—385