ILLINOIS POLLUTION CONTROL BOARD
July 11,
1986
HANSEN—STERLING DRUM CO.,
Petitioner,
PCB 85—221
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
MR. RICHARD HANSEN AND MS. GAIL HANSEN APPEARED PRO SE ON BEHALF
OF PETITIONER;
MR. PETER ORLINSKY APPEARED ON BEHALF OF RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by
3.
Theodore Meyer):
This matter comes before
the Board upon a March
5,
1986
Amended Petition for Variance filed by Hansen—Sterling Drum Co.
(Hansen).
Hansen seeks variance relief from
35 Ill.
Adni. Code
215..204(j)(l)
and
(3).
The Illinois Environmental Protection
Agency (Agency) filed
its recommendation on April
21, 1986,
advising that variance be granted from 35 Ill. Adm. Code 215.204
(j)(3),
subject
to conditions.
Hearing was held on May 6,
1986
at which testimony was presented; no members of
the public were
present.
Hansen operates
a steel drum reconditioning facility
in
Chicago at which used open head and tight head drums are
reconditioned.
Open head drums
are first cleaned and then
incinerated and shotblasted.
An initial interior coating
is
applied and partially cured
and then a second interior coating
is
applied and cured
in a high bake oven.
Finally,
an exterior
coating
is applied and cured
in
a final bake oven.
Tight head
drums
are first cleaned and then an exterior coating
is applied
and cured.
No interior coatings are used
in the reconditioning
of tight head drums.
(Rec. p.
2)
Hansen’s interior and exterior coatings contain volatile
organic material
(VOM)
and are regulated by 35 111.
Adrn. Code
2l5.204(j)(1) and
(j)(3),
respectively.
Section 215.204
(j)(l)
provides that the VOM emissions from the application of clear
coatings are not to exceed
4.3 lbs./gal. and Section
215.204(j)(3) provides that the VOM emissions from the
application
of extreme performance coatings are not to exceed 3.5
lbs./gal.
Hansen seeks variance from Section 215.204(j)(l)
to
71.20
—2—
December
31, 1987 and from Section 215.204(j)(3)
to March
31,
1986.
Hansen asserts that due
to the development and utilization
of compliant exterior coatings,
all exterior coatings used at the
plant will
be in conformance with the 3.5 lbs./gal. VOM emission
limitation
of Section 2l5.204(j)(3)
on or about March 31,
1986.
However, Hansen contends that compliant interior coatings are not
currently available and, therefore,
Hansen requests a variance
until December 31, 1987 with respect
to its
interior coatings
to
allow time for
a compliant interior coating to be developed.
(Amend. Pet. p.
1—2).
The issue before
the Board
is whether
denying Hansen variance would impose an arbitrary or unreasonable
hardship on Hansen.
For the following reasons, the Board finds
that denying Hansen variance would constitute an arbitrary or
unreasonable hardship and,
therefore,
grants Hansen variance from
35 Ill.
Adm. Code 2l5.204(j)(3), subject to conditions.
Environmental Impact
Hansen’s facility
is located
in Cook County which has been
designated non—attainment for ozone.
The VOM emissions from
Hansen’s facility are ozone precursors and,
as
a result,
are
regulated
in an effort
to control the formation of ozone
in the
atmosphere.
The closest Agency ozone monitor
is located
approximately
4 miles from Hansen’s facility.
This monitor
recorded three exceedances of the ozone ambient air quality
standard
in 1983;
none were recorded
in 1984.
(Ag. Rec. p.
8).
The Agency asserts that
it
is difficult to assess Hansen’s
contribution
to any recorded exceedances in light of
the effect
that other
sources of hydrocarbons,
including motor vehicles,
have on ozone concentration in the area (Id.).
Hansen’s coating usage and VOM emission data from August
1984 to July 1985
is
as follows:
Interior Coatings
=
2,665 gals./yr.
VOM Emissions
(actual)
=
6.76 tons/yr.
Average lbs.
of VOM/gal.
=
5.07
Allowable
VOM/gal.
=
4.3 lbs.
“Allowable”
VOM Emissions
=
4.31 tons/yr.
Exterior Coatings
9,979 gals./yr.
VOM Emissions
(actual)
=
20.61
tons/yr.
Average lbs. of VOM/gal.
=
4.13
Allowable VOM/gal.
=
3.5 lbs.
“Allowable” VOM Emissions
=
14.67 tons/yr.
Total
“Allowable” VOM Emissions
=
18.98 tons/yr.
Total Actual VOM Emissions
=
27.36 tons/yr.
Hansen alleges that by March
31,
1986,
its exterior coatings
will be
in compliance with the 3.5 lbs./gal. VOM emission
limitation.
As
a consequence,
the Agency contends that if Hansen
71-21
—3—
maintains the present production level and average interior
coating VOM emission levels, Hansen will
be
able to avail
itself
of the
25 tons/yr. exemption of Section 215.206(a).
Thus, Hansen
only requires a variance from Section 2l5.2l4(j)(3) until March
31, 1986.
(Ag. Rec.
p.
9).
Based on this information,
the Board
finds that the environmental impact of granting Hansen variance
from Section 2l5.214(j)(3) will
be minimal.
The Board notes that
Hansen
is
in agreement with the Agency’s recommendation that it
only needs variance for
its exterior coatings until March 31,
1986 and not for
its interior coating because Hansen’s VOM
emissions would be below the
25 tons/yr. threshold level.
(R.
p.
7).
HARDSHIP
Hansen has presented no compliance cost information.
However, given the fact that only a three month variance
is
necessary in order
for Hansen to achieve compliance with the VOM
emission limitation for
its exterior coatings
at which time the
VOM emissions from Hansen’s facility will
be below 25 tons/yr.,
the Board finds
that requiring Hansen to construct
an alternate
compliance system would constitute an arbitrary or unreasonable
hardship.
However,
as variance conditions,
the Board will
require that the VOM content of Hansen’s exterior coatings not
exceed 3.5 /lbs./gal.
and that the average VOM content of
its
interior coatings not to exceed 5.07 lbs../gal.
The Board will
also require that as
of April
1, 1986,
the annual plant wide VOM
emissions attributable
to the exterior and interior coatings of
reconditioned drums not exceed
25 tons/yr.
Lastly, the Board
will require that Hansen reapply for operating permits
for
its
drum reconditioning and finishing operations within 30 days of
the day of this Order.
This Opinion constitutes
the Board findings of fact and
conclusion of law in this matter.
ORDER
Hansen Sterling Drum Company of Chicago, Illinois
is hereby
granted variance from 35 Ill. Adm. Code 215.204(j)(3), subject
to
the following conditions:
1.
Variance shall
run from January 1, 1986 until March
31, 1986.
2.
Beginning April
1, 1986,
the volatile organic
material content of the exterior coatings used at
Hansen’s facility shall not exceed 3.5/lbs./gal.
and the average volatile organic material content
of
its interior coatings shall not exceed 5.07
lbs./gal.
71-22
—4—
3.
Beginning April
1,
1986,
the annual plant wide
volatile organic material emissions attributed to
the exterior and interior coating of reconditioned
drums shall
not exceed 25 tons/year.
4.
Within thirty (30) days of the date of this Order,
Hansen shall
reapply for operating permits for its
drum reconditioning and finishing operations
pursuant
to 35 Ill.
Adrn. Code 201.157.
5.
Hansen shall submit semi—annual reports to the
Illinois Environmental Protection Agency for a
period of two years which contain monthly data on
drum production, coating usage and volatile organic
material emissionss
for the previous six months.
These
reports shall
be due on July 21, 1986;
January 21, 1987; July 21, 1987 and January 21,
1988 and shall
be sent
to:
A.
Manager, Permit Section
Division of Air Pollution Control
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois 62706
B.
Manager, Field Operation Section
Division of Air Pollution Control
Illinois Environmental Protection Agency
1701 South
First
Ave..
—
•Suite 600
Maywood, Illinois 60153
6.
Within 45 days of the date of this Order, Hansen
shall execute and send
to:
Mr. Joseph
R.
Podlewski
Enforcement Attorney
Illinois Environmental Protection Agency
1701 South First Avenue
—
Suite 600
Maywood, Illinois 60153
a certificate of acceptance of this variance by
which
it agrees to be bound by its
terms and
conditions.
7.
This 45 day period will
be held
in abeyance for any
period during which this matter
is being
appealed.
The form of the certification shall be
as follows:
71-23
—5—
CERTIFICATION
Hansen—Sterling Drum Co. hereby accepts and agrees
to be
bound by all terms
and conditions of the Order of the Illinois
Pollution Control Board in PCB 85—221, dated July 11, 1986.
Hansen—Sterling Drum Co.
Ey:
AuEW~izedAgent
~itle
Date
IT
IS SO ORDERED.
I, Dorothy M. Gunn, Clerk
of the Illinois Pollution Control
Board, hereby certify that the abo e Opinion and Order was
adopted on the
//‘~
-
day of
_________________
,
1986,
by
a vote
of_~-O_.
£/
7
~
~
Dorothy M. Gunn,
Clerk
Illinois Pollution Control Board
71-24