ILLINOIS POLLUTION CONTROL BOARD

February 19,

1987

DEERE AND COMPANY,

)

(Plow and Planter Works),

)

Petitioner,

v.

)

PCB 86—162

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

JEFFREY

C.

FORT, MARTIN CRAIG,

CHESTER

& SONNENSCHEIN, AND

ELIZABETH 0.

SHAW, DEERE

& COMPANY, APPEARED ON BEHALF OF

PETITIONER.

WILLIAM

D.

INGERSOLL,

ESQ,,, APPEARED ON BEHALF OF THE ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY,.

OPINION AND ORDER OF THE BOARD

(by

J.

Theodore Meyer):

This matter comes before

the Board

on the October

2,

1986

petition for variance and October

31,

1986 amended petition for

variance filed by Deere

& Company

(“Deere”).

Deere seeks

variance from the requirements of

35

Ill.

Adin.

Code 215.204(k),

215.211(b)

and 215.2l2(c)*

for three flowcoaters located at its

Plow and Planter Works

in Moline,

Illinois.

The variance

is

requested for

such time necessary for

the Board

to rule favorably

on

a request for

a site—specific rule change (R87—1)

or

18 months

from the date of denial of such reouest.

The

Ill~~‘is

Environmental Protection Agency (“Agency,

~

recommendation that variance be granted for

a period of three

and

one—half years,

subject

to conditions, on December

22,

1986.

Hearing was held on January

8,

1987

in Moline,

Illinois.

Petitioner’s facility

is located

on

a narrow strip of land

of

81 acres located between the Mississippi River and Third

Avenue

in Moline, Rock Island County,

Illinois.

The factory

currently employs approximately 1300 persons.

In the future,

products manufactured

at the Plow & Planter facility will consist

of planters, hydraulic components and hardware.

The facility

currently has seven

valid operating permits granted by the

Agency.

However, by the end of December 1987 only two paint

*Although

the petition requests relief

from 215.212(b),

this is

apparently

a

typographical error.

76-43

---

—2—

systems will

remain at the facility; these

are designated

Department

62 and Department 88.

Pet.

at

2.

Department 62

contains the three flowcoaters at issue

in this variance; they

are specifically referred

to as the “green prime”,

“green

topcoat”

and

“yellow topcoat” flowcoaters.

Pet.

at

1.

Paint systems

in Department 62 share

a common pre—paint

washer

and

a common paint drying oven at 180° F.

Parts

to be

painted green are

routed through the green primer flowcoat unit,

then

to

the paint drying

oven,.

From the oven the parts

are

routed through the green finish coat flowcoat unit and thence

back through the drying

oven.

Parts to be painted

yellow pass

through

a yellow paint flowcoat and are dried

in the common

oven.

Parts

to be painted black are either routed to

a black

flowcoat unit and dried

in the common oven or

to a small

black

dip tank and dried

in

a separate oven.

Under

the variance, the

green

and yellow flowcoaters would continue to utilize solvent—

based paints with solvent added

for viscosity control.

By

December

31, 1987

the black flowcoater

and black dip tank will

have been converted

to water—borne paints.

Pet,

at

3.

The VOM

emissions from the painting operations at the facility are

exhausted through stacks

to the atmosphere.

35

Ill.

Adm.

Code 215.204(k) provides

for

a limitation of

3.5 pounds of volatile organic matter per gallon

(lb VOM/gal)

for

prime coating

and 4.3

lb VOM/gal

for

the top coat.

Section

215.211(b)

requires compliance by December

31,

1987

and Section

215.212(c)

requires submission of

a compliance plan by December

31,

1986.

Emissions from the three flowcoat operations

at the

Plow and Planter

facility range from 5.1

to

5.9 pounds VOM per

gallon of paint as applied.

Based

on these figures, Deere has

calculated that its actual emissions are 91.7 tons VON per year

and its allowable emissions are 18.9 tons VOM per

year

for

a

~

excess. emissions of approximately 73 tons VON per year.

Pet.

at

5.

Rock Island County

is designated

as an attainment area

for

ozone.

The closest non—attainment areas

are Chicago

at 160 miles

to the east and the

St.

Louis Metro—East

(Illinois)

area at 210

miles

to the south.

An ambient air monitor

for ozone

is located

less than two miles east of Petitioner’s facility.

No violation

of the ambient air quality standard

for ozone has been recorded

by this monitor since

1983.

Rec.

at

2.

The Agency states that

the nearest residence

is located approximately one—fourth mile

south of the main production

and painting

areas of the facility

and that emissions from the facility have

a detectable solvent

odor.

However, the Agency has no odor complaints on record.

Rec.

at

2.

Deere states that

it has been unable

to develop compliant

coatings suitable

for the

flowcoaters

in question.

Deere states

that the

lowest cost option

for achieving compliance

is the

76-44

---

—3—

elimination of the flowcoaters and their replacement with

alternate technology.

Incineration and carbon

adsorption were

both rejected

as more expensive than this approach.

The cost of

eliminating

and replacing the

flowcoaters

is stated

to be

$1,526,700

in capital and $75,000

in annual operating and

maintenance

to achieve

a reduction of

73 tons of VON emissions

annually.

This translates into an annualized cost of $5,617 per

ton.

The Agency did not strenuously object

to the computation of

this figure but did note that the 17.5

interest rate upon which

the computation was made

is much too high in today’s economy.

The Agency stated that nonetheless, even using

a lower

interest

rate the cost per ton would appear

to

be unreasonable.

Rec. at

3.

Deere submits that implementation of this alternative, which

it considers its best option, does not constitute reasonably

available control technology (RACT).

Consequently, Deere

is

pursuing

site—specific regulatory relief

in R87—l.

Deere asserts

that

it would

impose an arbitrary or unreasonable hardship to

require compliance while

it pursues regulatory relief.

However,

should

the

relief be denied, Deere has developed

a technically

feasible compliance plan which is capable of being fully

implemented within eighteen (18) months.

Deere states that it has investigated many alternatives

in

an attempt

to

find

a practicable solution to VOM compliance

including the use of:

1.

water—borne paint

in flowcoaters

2.

fume incineration

3.

exempt

solids

4.

powder coating

5.

electro—deposition

6.

high solids net spray

7.

water—borne dip

Each of these options was rejected, however, for reasons of

appearance, performance, technical feasibility or

economic

reasonableness.

See Pet.

at 7—10.

Environmental Impact

Deere

states

that

any

environmental

impact

will

be

minimal

since

there will

be

no

increase

in emissions over historical

levels.

In

fact,

as

a

result

of

using

water—borne

and

high

solids paints where feasible, there will

be

an absolute decrease

in emissions.

In this regard,

Deere notes that by December

31,

1987

all

existing

systems except the green prime, green topcoat

76-45

---

—4—

and yellow topcoat flowcoaters

in Department

62 will have been

eliminated

or switched

to compliant coatings.

Moreover, Deere noted

at hearing that emissions

at the

facility have dropped from approximately 900 tons in 1980

to

a

projected level

of 91 tons

for 1987.

This

is approximately a 90

redution

in emission levels.

R.

at

14.

Two other Deere

facilities

in the Quad—City area have also experienced

significant drops in VON emissions.

One facility experienced

a

drop in emission levels from 990

tons in 1983 to approximately

420 tons projected

for 1987

for

a 58

to 60

reduction; the other

has dropped from 1979 levels of 84 tons to 60 tons

in 1986 for

a

21

reduction.

R.

at 16—17.

Overall, Deere estimates that a

total 1,400

ton reduction

in VOM emissions occurred over

the 1980

to 1987 time period

in its facilities alone

in the Quad—Cities

area.

R.

at

17.

Deere also noted

that other VOM emission sources

in

the area

have been closed or are projected

to close

shortly.

These

include:

the International Harvester Farmall Tractor Plant,

the

American Air

Filter facility,

the Case International Rock Island

facility and the Case International Bettendorf facility.

R.

at

20.

The Agency stated

at hearing

that this evidence coupled with

the monitored data concerning ozone

in the area indicates that

the level

of excess emissions that would

be allowed by the

granting of the variance would not adversely impact

air quality

in the Quad—Cities area and would not jeopardize

the maintenance

of the Nationa~tAmbient Air Quality Standard

for ozone.

R.

at

33.

The Board notes

that both Petitioner

and the Agency are

careful

to

point

out

that

the

closest

non—attainment

areas

are

160

miles

east

(Chicago)

and

210

miles

south

(East

St.

Louis).

Rec.

at

2,

Pet,

at

2.

While

the

Board

is

appreciative

of

the

difficulties

associated

with

determining

the

potential

for

ozone

transport,

it

does

not

believe

that

such

recitations

demonstrate

that transport is not occurring.

However,

since Deere has been

successful

in reducing VOM emissions by approximately 1400 tons

over

all its facilities

in the Quad—Cities area over

a seven year

period,

and at

this facility from 900 tons per year

to 91 tons

per year.

The Board finds that any environmental

impact will

be

minimal.

The Board

finds that

in light of the costs

to

Petitioner

and the minimal environmental impact associated with

granting the relief requested,

that denial

of the variance would

constitute

an arbitrary or

unreasonable hardship.

Accordingly,

the Board

will grant variance subject

to conditions as suggested

by the Agency.

76-46

---

—5—

ORDER

Deere

& Company

is hereby granted

a variance from 35 Ill.

Adw.

Code Sections 215.211(b),

215.212(c), and 215.204(k)

for its

green prime, green topcoat and yellow topcoat flowcoaters

at its

Plow

and Planter works

in Moline,

Illinois, subject to the

following conditions:

1.

This variance shall expire on August

19,

1990;

2.

Painting operations

in Department No.

05 shall be

discontinued;

3.

Painting operations

in Department No.

07,

40,

44,

and

75

shall

be discontinued by December 31,

1987;

4.

Painting operations

in Department No.

88 shall

comply

with

35 Ill.

Adm.

Code Section 215.204(k)

by December

31,

1987;

5.

Painting operations

in Department No,

62

shall

comply

with

the following limitations by December

31,

1987:

a.

Black topcoater flowcoater

shall

comply with

Section 215.204(k);

b.

Black dip tank shall comply with Section

215.204(k);

c.

ç~reen prime

flowcoatershall

not

emit

more

than

5.8

lb

VON/gal

of coating (annual average basis),

less

water,

delivered

to

the

coating

applicator;

d.

Green

topcoat flowcoater shall

not emit more than

5.9 lb/ VON/gal

of coating

(annual average basis),

less water, delivered

to the coating applicator;

e.

Yellow topcoat

flowcoater shall

not emit more than

5.1

lb VON/gal

of coating (annual average basis),

less water, delivered

to

the coating applicator;

6.

Petitioner

shall

submit reports

to the Agency, Division

of Air Pollution Control, 5415 North University,

Peoria,

Illinois, every three months reporting paint (including

VON

content)

and

solvent

usage

during

the

previous

three

months;

7.

Petitioner

shall begin

the compliance project schedule

contained

in

the

amended

petition

in

this

matter

dated

October

31,

1986

and

attached

to

this

Order

no

later

than two years from the date of this variance order

and

shall

be

in compliance by August

19,

1990;

and

76-47

---

—6—

8.

Within forty—five

(45) days after

the date of variance

order, Petitioner

shall execute

a certification of

acceptance of this variance by which

it agrees to be

bound

by

its

terms

and

conditions.

Such

certification

shall

be

sent

to

the

Agency’s

attorney

of

record.

This

forty—five

(45) day period

shall be held

in abeyance

for

any period during which this matter

is appealed.

The

form of the certification shall

be substantially as

follows:

CERTIFICATION

I,

(We)

,

hereby

accept and agree

to be bound by all

terms and conditions of the

Order

of the Illinois Pollution Control Board

in PCB 86—162,

dated February 19, 1987.

Petitioner

By:

Authorized Agent

Title

Date

IT

IS SO ORDERED.

Board Member

B.

Forcade concurred.

I,

Dorothy

H.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above Opinion and Order was

adopted on the

,‘/‘-‘---

day of

/—~~

,

1987, by

a vote

of

~—O

.

y)~.

Dorothy M.~unn, Clerk

Illinois Pollution Control Board