ILLINOIS

POLLUTION

CONTROL

BOARD

January 24,

1985

HANSEN-~STERLING

DRUM

CO.,

Petitioner,

v.

)

PCB 83—240

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENC:M~

tesc~orident,

MR. RICHARD

HANOFO

AND

MS. GAIL HANSEN, NON-ATTORNEYS, APPEARED

ON BEHALF

OF PETI~1TIONERS:

AND

PETER

E. ORLINSK~~

ESQ.,

OPINION AND ORDEE OF THE BOARD

(by J.

Marlin):

This

matter

comes

before the

Board upon the

filing

of

a

variance

pet;ition on

December

30,

1983 by Hansen—Sterling Drum

Company (petitioner).

Petitioner requests variance relief

from

35

Iii. Adm~Code 215.204(j) until

December

31,

1985.

In re-

sponse to Board Orders dated

January 12 and March

8,

1984,

petitioner filed an

amended petition on February 23,

1984

and

supplemental

information

on

April

18,

1984, respectively.

Petitioner waived

the

decision date by letter filed with the

Board on May 22,

L984.

The Illinois Environmental Protection

Agency

(Agency)

filed

its recommendation to grant on June

7,

1984.

Hearing

was

heLd

in

Chicago,

Illinois

on

July

17,

1984.

The

hearing

transcript

was

filed

with

the

Board

on

October

21,

1984.

There

was

no

citizen testimony

at

the

hearing

and

the

Board

has received no

public

comment

in

this

matter.

Petitioner

operates

a

steel

drum

reconditioning

facility

located

at

610

West

aist

Street

in

Chicago,

Illinois,

Approxi-

mately

forty~f:Lvepeop:Le

are

employed

at

this

facility,

which

is

located

in

an

industrial

area.

The

reconditioning

of

both

open

head

and

closed

head

drums

involves

cleaning

and

repainting

them.

Repainting the drums involves use of

solvent

based

in-

terior and exterior extreme performance coatings.

Volatile

organic

compounds

(VOC) are discharged at these painting booths.

Section 215.204(j) provides that by

December

31,

1983,

the

VOC

content

of

petitioner’s coatings

be

Limited

to

the

following:

exterior (extreme performance)

coating:

3.5 lb/gal.

interior

(clear) coating:

4.3

lb/gal.

62~~387

---

The Agency asserted that the VOC content

of petitioner~s

present

coatings are 4.46 lbs./gal for its

exterior coatings

and

4.64

lbs./gal

for

its

interior

coatings.

Although petitioner has not supplied the Agency

with

VOC

reduction calculations for

the

variance

period,

the

Agency,

based

upon discussions with coating

manufacturers and other

members

of the National Barrel

and

Drum

Association, believes

that petitioner should be able to reduce its

excess

~OC

emissions

30

by December

1984, an additional

30

by June

30,

1985,

and

a final

40

it

December 31, 1985. (Ag, Rec.

at 4),*

Petitioner has proposed to eventually

comply with the

regulations

by

ref ormulating

its coatings to low solvent/high

solids

and/or water base coatings.

Petitioner

has

studied

other

options such as electrostatic spray,

afterburner

installation

and

carbon absorpL~ionbut rejected them because of space

limitations

or,

in

the case of afterburners, expense, although

the

Board notes

that

no cost information

was

provided.

Petitioner

asserts

that immediate compliance with the

regulations would

impose an arbitrary or unreasonable hardship.

VOC’s are hydrocarbon

precursors

of

ozone.

Ozone

can

have adverse health effects on the elderly and

on

persons

with respiratory and cardiac problems

(Ag.

Rec. at

6).

The

Chicago area

is designated as a nonattainment area

for hydrocarbons.

The closest ambient air monitoring station at the Museum

of Science and Industry recorded two exceedences of the 0.12

ppm ozone air quality standard in 1983 and none in

1982

(Id.).

Petitioner will have to comply with the episode

regulations

at

35

III. Adm.

Code

244

during high

ozone

concentration

periods.

The

Board

finds that the adverse environmental

impact

wilIl be minimal

if

the variance

is

granted.

Given these facts,

the Board finds that not granting

a variance at this time would impose an arbitrary or unreasonable

hardship

upon petitioner.

*The Board questions both the accuracy and application

of

the

Agency’s “emission limitation”

calculations

in

paragraphs

#5

and

#6,

p.

3

of the Agency Recommendations.

For example,

the

calculated VOC emissions for 1983 in

#5

appear to exceed

the VOC available from the coatings,

donsidering

the number

of gallons used, even assuming that 100

of the VOC content

in

the

coatings is emitted,

Additionally,

since the standards

in

Rule 215.204

(j)

limit the VOC content of

the

~

any compliance calculations should address, or directly reflect,

the

coatings’ VOC content.

The Agency’s use of emissions

data to calculate ~he percent reduction necessary to comply

with

the

rule

is not

a desirable approach and, in this case,

is

inaccurate.

62~38B

---

The Board granta ~etitioner a variance from the terms of

35

111,

Adm,

Code 215.204

C,

~ubject to the conditions below.

Full

variance

retroactivity will not he granted because of the late

filing

of

the

petitions

many delays in receiving adequate information,

and

the

absence

of unique ci~c~stancesmandating full

retroactivity.

However,

other

delays were

beyond control of petitioner.

Therefore,

the

Board

will begin

the variance period on August 17,

1984.

The petitioner

should

address whether

compliance can be met by use

of

the

internal

offset

provisions of

35

Iii. Adm. Code 215.207.

This

Opinion constitutes the

Board’s findings of fact and

conclusions

of

law

in

this matter.

ORDER

HanSen”~Sterling

ii

Company is hereby

granted a variance

from

35

Ill, Adm, Coc~

15.204

(j)

subject to the

conditions:

1.

This variance

11 begin on August

17,

1984

and expire

on December

31,

1985.

2.

Within

28 days

~.

the Board’s Final Order

herein, and

every

third month thereafter, Petitioner shall

submit

written

reports

to the Agency detailing all progress

made

in

achieving

compliance

with

Section

215.204(j),

Said

reports

shall

include

information

on the names

of

replacement coating and

the

‘manu-

facturers specifications including per cent

solids

by

volume

and

weight,

per

cent

‘JOG by

volume and weight, per

cent

water

by

volume

and weight,

density of coating, and

recommended operating

parameters;

detaiied description of each test

conducted

including

test protocol

nuaber of runs, and complete original

best

results;

the

quantities and VOC content of all coatings

utilized

during

the

reporting

period~

nd any other

information

which

may

be

requested by the Aç~ ‘y.

T e reports shall be sent

to

the

following

addresses:

tn~ironmental Protection Agency

D~visionof Air Pollution

Control

:

trol Piograr

Coordinator

l~iG

Churchill Road

to ingfield, Illinois

62706

F:

vironrrental Protection

Agency

iVi~iOfl

of Air Pollution

Control

Region

1, Field Operations

Section

r/Ol South First Avenue

Suite

600

Maywood,

Illinois

60153

3.

Within 28 days of the Board’s Final Order

herein, Petitioner

shall

apply to the

Agency for all

requisite

operating permits

pursuant to

Section 20~l60 (a).

62~389

---

4

4.

On or before October 1, 1985, Petitioner shall apply to

the Agency for renewal of all requisite operating permits.

Said

permit applications shall address compliance pursuant to Section

215

•

204

5.

Within 45 days of the Board’s Final Order herein,

Petitioner shall execute a Certification of Acceptance

and

Agreement to be bound to all terms and conditions of the variance.

Said Certification shall be submitted to the Agency at the

addresses specified in paragraph

2 above.

The 45 day

period

shall be held in abeyance during any period that this matter is

being appealed.

CERTIFICATION

hereby accepts and agrees to be

bound by all terms and conditions of the Order of the Pollution

Control Board in PCB

*

,

dated

_______________

By:

Title

Date

I, Dorothy H. Gunn, Clerk of the Illinois Pollution Control

Board, here~ycertif

that

the above Opinion and Order was adopted

on the

A~/w-’

day 0

________,

1985 by a vote of

4I~/

/

Dorothy N

Gunn, Clerk

Illinois Pollution Control Board

aftson