ILLINOIS POLLUTION CONTROL BOARD

July 31, 1986

NESCO STEEL BARREL

COMPANY,

)

Petitioner,

v.

)

PCB 84—81

ILLINOIS ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by J. Anderson):

On July 3,

1986, Nesco Steel Barrel Company (Nesco)

filed

a

third amended petition titled “Supplement to Second Amended

petition for Variance

(Supplement).

This petition was filed

in

response

to the Board’s May 22,

1986

“more information” Order.

On July 10, 1986,

the Illinois Environmental Protection Agency

(Agency) filed

a renewed Motion to Dismiss,

to which Nesco

responded

in opposition on July 18, 1986.

In essence,

the Agency continues

to object

to Petitioner’s

failure

to submit

an adequate compliance

plan, particularly

in

that the petition lacks “trigger dates

to initiate decisions for

alternative compliance methods should

the testing be

unsuccessful” (Agency Rec.

p 2).

Nesco, on the other hand,

asserts that the Supplement contains a detailed

testing schedule

for compliant exterior coatings and

a statement of

its

intent

to

achieve compliance

for

its

interior coatings through internal

offsets.

However,

after the week

of September 8,

1986, Nesco’s

testing schedule

is open—ended.

Nesco states:

“Nesco

will

continue

its

testing

program

for

high

solids,

low VOC

exterior

coatings

until

all

of

the

enamels

it

presently

uses

are

replaced

with

compliance

exterior

coatings.

Nesco

believes

that

its

exterior

coating

testing

program,

concentrating

as

it

does

on

the

high

volume

colors

first,

will

result

in

compliance

with

the

35

Ill.

Adm.

Code

215.204(j) standard for exterior coatings by December

31,

1987.

Nesco

anticipates

filing

additional

supplements

to

its

Second

Amended

Variance

Petition

as

it

expands

its

testing

schedule”.

(Nesco

Supplement,

p.

5)

71-387

---

—2—

The Board notes,

as

it did

in its May 22, 1986 Order, that

Nesco has requested variance not only from the emission

limitations, but also from the requirements of

35

Ill.

Adin. Code

215.212

to file

a compliance plan.

In that same order

the Board

also noted

that:

“The

Board

has,

in certain

instances,

granted

short

term

variances

so

that

information

necessary

to

formulate

and

schedule

a

compliance

plan

can

be

gathered”.

Nesco’s petition

is still inadequate.

As a minimum,

it

fails

to give

a

time when Nesco will end its testing and

formulate a time—related compliance plan.

Nesco

is essentially

asking for

an open—ended testing period extending until the

deadline for actual compliance.

Nevertheless, on balance,

the

Board believes the best course at this time is

to allow this

matter

to proceed

to hearing,

which

the Board notes has been

scheduled for September

18 and

19.

Therefore,

the Agency motion

to dismiss

is denied.

However,

in so denying,

the Board does

not

intend

to imply

that it does not share the Agency’s concerns.

IT IS

SO ORDERED.

I, Dorothy M.

Gurin, Clerk of

the Illinois Pollution Control

Board,

hereby certify that the above Order was adopted on

the

3,.’2~

day of

__________,

1986,

by

a vote

of

5-o

17.

/~7~A~

Dorothy N.

Gunn, Clerk

Illinois Pollution Control Board