ILLINOIS POLLUTION CONTROL BOARD
    May 16, 1985
    AMERICAN CAN COMPANYS~
    Petitioner,
    )
    v.
    )
    PCB 84—157
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent,
    ~4R.~KEVING. McANANEY, DEWEY, BALLANTINE, BUSHBY, PALMER & WOOD,
    APPEARED ON BEHALF OF PETITIONER.
    t~1R.
    JOSEPH R. PODLEWSKI,
    JR.,
    ATTORNEY, APPEARED ON BEHALF OF
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD (by
    .3.
    Theodore Meyer):
    This matter comes before the Board on an October 29, 1984
    petition of the American Can Company (American) requesting
    extension of a previous variance granted by the Board in PCB 80—
    169 (December 4, 1980) which expired on December 31, 1984.
    American seeks extension of its variance to December 31, 1985
    from the volatile organic matter limitations (hereinafter
    referred to as “volatile organic compounds” or “VOC”) of Rules
    104(c), 205(m) and 205(n) of Chapter 2: Air Pollution Control
    Regulations (now recodified at 35 Ill. Adm. Code 201.243, 215.202
    Appendix C, and 215.204 respectively). The Illinois
    Environmental P~otect.lonAgency (Agency) filed its recommendation
    on January
    17,
    1985, that the extension be granted subject to
    conditions, pursuant to leave to file the recommendation
    instanter granted by Board order on January 24, 1985. Notice was
    given and hearing was held on March 20, 1985, as required by
    Federal regulations. 40 C.F,R, 51.4 and 51.6 (1984). No members
    of the public attended the hearing. American requested that the
    record, opinion and order from the proceeding in PCB 80—169 be
    incorporated into this extension petition.
    American manufactures cans for a wide variety of end uses at
    a 1,875,000 square foot plant located at 6017 South Western
    Avenue in Chicago, Illinois (hereinafter the ~Eng1ewood
    plant”). The plant operates twenty—four hours a day for five
    days a week and employs approximately 900 individuals (Pet. at
    7).
    The can
    manufacturing process
    involves the application of
    interior and exterior sheet. base coats, overvarnishes, sideseam
    spray coatings and end—sealing compounds which all contain VOC.
    Most of the VOC evaporates during the drying process although a
    small portion evaporates during application and conveyance to the
    64-63

    —2—
    dryers and ovens. The VOC emissions are ultimately exhausted
    through stacks to the atmosphere.
    American’s 1980 to 1984 VOC emission data, as submitted by
    the Agency including a 1985 VOC emission estimate, is summarized
    below:
    *
    Year
    Actual
    Allowable
    Excess
    lb VOC/yr
    ~
    Tons VOC/yr
    1980
    951,906
    582,379
    369,527 184.7
    1981
    788,467
    43,852
    244.615 122.3
    1982
    650,039
    492,590
    157,449
    78.7
    1983
    1,057,294
    548,671
    508,623 254.3
    1984
    679,078
    597,158
    81,920
    40.96
    1985
    548,087
    597,792
    ~49,705 —24.8
    Pursuant to Section 215.202 Appendix C (formerly Rule
    205(j)), American was to bring its coat.inq operations into
    compliance with the VOC emission limitation of Section 215.204(b)
    by December 31, 1982. Upon determining that: it would be unable
    to comply by that date, American applied in the original
    proceeding for a variance until December 31, 1985. However, the
    Board granted variance only to December 31~1984 agreeing with
    the Agency that no reason was presented as to why American could
    not attain compliance by the close of 1984 (Op. at 4), Unable to
    meet the 1984 compliance deadline, American now requests an
    extension to December 31, 1985,**
    During the period of the original variance, American
    employed several strategies to reduce VOC emissions, including
    use of high—solid coatings, fume burners and catalytic
    incinerators. Using these methods, American was able to reduce
    VOC emissions from 184.70 tons/year over the allowable to 40.96
    tons/year over the allowable during the period from 1980 to
    1984. (See Attachments A, B, and C of Affidadvit of
    Robert A. Gere). Despite this achievement, American was unable
    to come into full compliance due to “slower than expected
    development of low solvent and other compliant materials”, lack
    of sucess of its ultraviolet curing process for overvarnishes and
    insufficient available internal emission offsets (Pet. at 12, 16,
    17). The Agency notes that arguably American could have replaced
    the fume burners now in use on all but five coating lines with
    catalytic incinerators to achieve compliance (Rec, at par. 10).
    *The Board wishes to emphasize that the applicable emission
    limitations in Section 215,204(b) are expressed in kg/l or lb/gal
    limits on VOC in coatint, materials.
    **American also requests that its
    existing
    operating permit
    be
    extenãed to December 31, 1985 (Pet. at 7). The initial decision
    to either grant or deny this; relief is the ~gency’s prerogative
    Sut)jeCt
    to applicable law and regulation.
    64-64

    —3—
    incinerators would be approximately $1.6 million (Pet. at 27).
    Petitioner contends that because it expects the Englewood plant
    to achieve compliance shortly that installation of costly control
    equipment to control emissions for less than one year would
    constitute an arbitrary and unreasonable hardship (Pet. at 6).
    Instead, American proposes to continue introduction of low
    solvent materials into its production processes. A new
    overvarnish is
    es~cted
    to be fully implemented during 1985
    resulting in an f.n”ease of compliant varnishes in relation to
    all varnishes fr: less than one percent in 1984 to 71 percent in
    1985. American
    ;.: ..
    continues t~develcp a high solids white
    coating and to ii nduce compliant sideseam sprays as they become
    available (Pet. a .8—19). In addition, control equipment now
    installed will cosv.inue to be used to maximize its
    effectiveness. One of the coating lines now equipped with a
    catalytic incinerator will be retrofitted with additional
    equipment costing $65,000 to help ensure that all high solvent
    material applications are run on incinerated tines (Pet. at
    19). American also intends to use an internal offset pursuant to
    35 Ill. Adm. Code 215.207 to demonstrate compliance. It
    estimates that changes in the varnish and end—sealing compound
    operations will provide an offset of 59 tons
    VOC
    sufficient to
    cover 34 tons excess
    VOC
    emissions due to sideseam spray and
    coating operations (Affidavit of Robert Gere, par. 23, at 9).
    Finally, American states that if it appears by November 30,
    1985 that these measures will not result in compliance by the
    year’s end, it will immediately begin installation of additional
    catalytic incinerators so that full compliance will be achieved.
    The
    Agency, however, recommends that øecause installation of this
    equipment will require receipt of construction and operating
    permits that this assessment should be made no later than
    September 1, 1985.
    The Englewood plant is located in Cook County which is a
    non—attainment area for ozone, a criteria pollutant for which
    there are both identical State and Federal primary and secondary
    ambient air quality standards (0.12 ppm (235 ug/m3)). The Agency
    states
    that
    the closest ozone monitor is located at 84th Street
    and Redvale in Chicago, 3.85 miles from the plant (Rec. at par.
    14). In 1983 this monitor recorded four days with an ozone level
    higher than 0.12 ppm. flowever, as noted by the Board in the
    previous variance proceeding, American’s contribution to these
    exceedances, in light of the concentration of industry, commerce
    and motor vehicles in the area, is difficult to determine (Op. at
    4). The Agency notes, however, that the 1983 exceedances did
    occur during the same year that American had its highest
    VOC
    emissions in four years.
    The potential health problem associated with the emission of
    VOC
    is the creatLon of ozone. As noted by the Board in the
    previous opinion, Ingh ozone levels can have adverse health
    effects, especiaLt:. upon the elderly and people with respiratory
    W85

    —4—
    and cardiac problems (Op. at 2). Ozone can accumulate to
    unacceptable levels during the summer months, However, in the
    previous proceeding, as in this, the Agency has stated that
    granting the variance should not cause any adverse effects since
    American’s total VOC emissions should be continually decreasing
    from their present level, American also notes that there are
    existing procedures, namely ozone episode p1ans~. to control or
    eliminate serious ozone threats to the public health during the
    critical months (Pet, at 21),
    The Board finds that granting this variance will have a
    minimal environmental impact due to it~short term nature and the
    relatively small amount of VOC to be discharged. The Board also
    finds that to require American to immediately comply by
    installing catalytic incinerators at a cost of $1.6 million
    constitutes an arbitrary and unreasonable hardship. American is
    is diligently pursuing compliance thtough the use of low
    solvent
    technology arid maximal use of its existing control technology.
    It has further committed itself to comply
    by
    installing
    incinerators should these strategies be unsuccessful.
    However,
    the Board agrees with the Agency that the determination of
    whether the incinerators should be utilized should be made before
    November 30, 1985 and that October 1, 1985 is a reasonable date.
    Because Sections 201.243, 215.202 Apperid:Lx C and 215.204(b)
    were approved by USEPA as part of
    the State
    Implementation Plan
    (SIP), grant of this variance will necessitate a SIP revision.
    The Agency has opined that grant of this
    variance,
    consistent as
    it is with their recommendation, should be approvable as a SIP
    revision.
    Accordingly, variance is granted from 35 Ill. Adm.
    Code 201.243, 215.202 Appendix C and
    215.204(b) until
    December 31, 1985, subject to
    conditions.
    This Opinion constitutes the Board~s findings of fact and
    conclusions of law in
    this
    matter.
    ORDER
    American Can Company is hereby
    granted
    a variance from 35
    Iii. Mm. Code 201,243, 215.202
    Appendix C and
    215.204(b) until
    December 31, 1985 subject
    to
    the following conditions:
    1. American shall continue
    to
    submit quarterly written
    reports to the Agency until December
    31,
    1985,
    detailing all progress made
    in
    achieving compliance
    with the VOC emission limitation
    of 35
    Ill. Mm. Code
    215.204(b) at the Englewood
    plant.
    Such reports shall
    contain monthly information on the quantity and solvent
    content of all coatings, overvarn~hes and sideseam
    sprays utilized during the
    reporting
    period which
    reflects the impact of reformuiated materials on VOC
    emissions.
    These reports shalt also describe in detail
    the progress made by
    American
    to develop compliant
    coating materials during the preceôing three months, as
    64-68

    —5—
    well as the projected progress
    to be made in achieving
    compiance during the following quarter.
    The first
    quarterly report of 1985 shall include copies of
    material data sheets showing the composition (in terms
    of percentages of solid, solvent and water) of all
    coatings which will be applied at the plant.
    All of
    the above information shall be submitted to the Agency
    at the following addresses:
    Manager, Permit Section
    Division of Air Pollution Control
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield, Illinois 62706
    Manager, Field Operations Sections
    Division of Air Pollution Control
    Illinois Environmental Protection Agency
    1701 South First Avenue
    Suite 600
    Maywood, Illinois
    60153
    2.. On or before October 1, 198SF American shall submit
    to the Agency at the addresses provided in Condition 1
    above a program to install appropriate control
    technology which will bring the Englewood plant into
    compliance with the applicable VOC emission limitation
    if it does not reasonably expect
    to
    achieve compliance
    with that emission limitation by December 31, 1985
    through utilization
    of low solvent coatings, present
    control equipment and allowable internal offsets,
    The
    alternate compliance program
    shall
    provide for final
    compliance with the applicable VOC emission limitations
    by December 31, 1985.
    3. Within forty—five (45) days after the date of this
    Order the Petitioner shall execute and send to:
    Mr. Joseph R. Podlewski, Jr.
    Enforcement Attorney
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield, Illinois 62706
    a certification
    of acceptance of this variance by which
    it agrees to be bound by its terms and conditions. This
    forty—five (45) day period shall be held in abeyance
    for any period which this matter is appealed.
    The form
    of the certification shall he as follows:
    64-67

    —6—
    CERTIFICATION
    American
    Can Co. hereby accepts
    and
    agrees to be bound by all
    terms and conditions
    of the Order of
    the Pollution Control Board
    in PCB 84—157,
    May l6.~ 1985,
    A~4ERIChN CAN CO.
    By ________________________
    As Authorized Agent
    Title
    Date
    IT IS SO ORDERED.
    Board Member Bill Forcade dissents.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution
    Control
    Board, hereby certifyjhat the above Opinion and Order was
    adopted on the /~~I.-’day of
    27)16_k
    ,
    1985, by a
    vote of -3~—/
    .
    I
    /
    ~
    ‘--~-~--A.~Y’7.
    Dorothy M. G’unn, Clerk
    Illinois Pollution Control Board
    64-68

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