ILLINOIS POLLUTION CONTROL BOARD
    September
    6,
    1984
    NATIONAL CAN CORPORATION,
    )
    Petitioner,
    )
    PCB 83~168
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by
    J, Theodore Meyer):
    On November 15,
    1983 National Can Corporation
    (National)
    filed a Petition for Variance
    for its
    facility which manufactures
    crimped metal caps for the bottled beverage industry.
    National
    filed an Amended Petition for Variance on February
    14,
    1984.
    Specifically, National requests variance from 35
    Ill. Adm. Code
    Section 215,204
    tformerly Rule 205(n)(1)(c) of Chapter 2
    until
    December 31,
    1985.
    That regulation contains the emission limita~-
    tion for operations such as National~s.
    Attendant to that rule
    are Sections 215.211 and 215.212 which contain the compliance
    plan requirements and compliance date of December 31,
    1983.
    Combined they require that upon its effective date of December
    31,
    1983, volatile organic materials (hereinafter “VOM”)
    contained
    in the coatings utilized by Petitioner shall be limited to 4.3
    lb/gal.
    The Illinois
    Environmental
    Protection
    Agency
    (Agency) filed
    its Recommendation March 26,
    1984.
    A hearing was held July 11,
    1984.
    No members of the public were present and no public comments
    have been received by the Board in this matter,
    National owns and operates a facility at 1031 N. Cicero
    Avenue, Chicago,
    Illinois, which manufactures crimped metal caps
    for beer and soft drink
    bottles,
    That
    facility contains two
    lithographic press
    lines with
    trailing
    coating lines, drying
    ovens, and one sheet metal
    coater line
    with a drying oven.
    Petitioner~sfacility is located in a mixed industrial
    residential area,
    The nearest residences are located directly
    across the street
    of the facility.
    The Agency has not
    received
    any complaints from area residents concerning this variance
    request.
    60-29

    —2—
    Furthermore,
    it
    is
    located
    in
    an
    area
    which
    is
    classified
    as
    nonattainment
    for
    ozone.
    The
    closest
    ozone
    monitoring
    station
    is
    located
    at
    the
    Lincoln
    Park
    Zoo
    which
    is
    approximately
    6
    miles
    to
    the northeast.
    In 1982, the ambient air quality standard of 0.12
    ppm
    was not exceeded at
    that
    monitor.
    In 1983, it was exceeded
    one time.
    National’s
    bottle
    cap
    manufacturing
    process
    utilizes
    12
    different
    types
    of
    coating
    -
    dependent
    upon
    customer
    specifica-
    tion.
    Of the 12 coatings, 7 have VON contents in excess of 4.3
    lbs/gal.
    In 1983, National applied 81,751 gallons of coatings.
    The resultant VON emissions were 152.5 tons/year.
    National
    estimates
    that
    in 1984, it will apply 74,890 gallons of coatings
    with resultant VON emissions of 148.7 tons/year.
    Applying 1983
    usage
    figures, the allowable VON emissions
    would be 185.3 tons/year.
    Applying projected 1984 usage figures,
    the allowable VON emissions would be 159.8 tons/year.
    Thus, on
    an annual basis, National appears to be in compliance with
    applicable
    VON emission limitations.
    However, the internal offset provisions
    contained in Section 215.207 require
    that
    compliance be demonstrated
    on a daily basis.
    National alleges that
    due
    to scheduling limitations
    on its equipment, it is currently
    unable
    to
    achieve
    compliance
    every
    day of
    the
    year.
    Since
    early
    1983,
    National
    has
    been
    working
    both
    internally
    and
    with
    its
    coating
    suppliers
    to
    develop
    the
    technology
    necessary
    to
    reduce
    VON
    emissions.
    To
    date,
    the
    efforts
    have
    been
    partially
    successful,
    but
    have
    not
    produced
    reductions
    sufficient
    enough
    to
    achieve
    consistent
    daily
    compliance
    with
    Section
    215.204(j)
    by
    its effective
    date
    of Decebmer 31,
    1983.
    In addition to investigating
    reformulated
    coatings,
    National
    also
    explored
    the
    possibility
    of
    installing
    an
    afterburner
    system.
    Reformulation
    was
    preferable
    to
    the
    afterburner
    option
    due
    to
    the
    high
    costs
    of
    installation,
    maintenance and fuel.
    While National is still investigating
    various
    alternatives
    it
    now
    proposes
    to
    achieve compliance by reformulating as many of
    its
    coatings
    as
    possible
    to
    low
    solvent/high
    solids
    and/or
    water
    base
    coatings
    and
    by
    applying
    the
    internal
    offset
    provisions
    of
    Section 215.207.
    National is confident that the necessary coatings
    can be developed and tested by December 31, 1985.
    If, however,
    the coatings do
    not
    become available, National ha~committed to
    achieve compliance
    through
    the
    use
    of an
    alternate
    compliance
    strategy
    (bubble) or by the installation of an afterburner system.
    In light of the fact that National’s facility is currently
    in compliance with the VON
    limitations
    if
    figured
    on
    an
    annual
    basis,
    and
    the fact that the only means of achieving immediate
    daily
    compliance
    is
    through
    the
    installation
    of
    expensive
    control
    equipment,
    National
    believes
    that
    d~nialof
    its
    variance
    request
    would
    constitute an arbitrary and uz~easonablehardship.
    ooa

    The Agency does not disagree with any factual allegation
    contained in Petitioner~sPetition for Variance or in the Ainend~ient
    thereto, and is of the opinion that Petitioner~scompliance
    program is reasonable in that it is
    both
    cost
    effective and
    should achieve the necessary VOM reductions0
    (Rec.
    Page 4)
    The
    only means of achieving immediate compliance that the Agency is
    aware of is by the installation of afterburners0
    In addition to
    being extremely costly to install and operate, afterburners also
    consume vast amounts of sometimes scarce natural gas0
    The capital
    cost for afterburners is $100,000 with annual operating expenses
    of $140,000.
    (Amended Petition Exhibit 4.1)
    Moreover, pursuant
    to the provisions of Section 215.106, the afterburners would only
    have to be operated seven months a year.
    If afterburners are
    installed to achieve compliance and used for seven months, the
    annual VOM emissions
    are
    likely
    to be greater than if reformu~
    lation is utilized.
    For that reason, the Agency believes that
    efforts
    to develop low solvent coating technology should be
    encouraged.
    The Agency also believes that the two year variance
    period requested by Petitioner is reasonable.
    For the following reasons, the Agency
    agrees
    that a denial
    of the requested variance would constitute an arbitrary and
    unreasonable hardship:
    1) petitioner has been diligently working
    to reduce its VOM emissions;
    2)
    the Agency believes that Petitioner~s
    present efforts to achieve compliance will be equally as diligent;
    3)
    installation of afterburners will be extremely costly, wasteful
    of natural
    gas, and,
    in the long run, may not be the most environ-
    mentally sound solution,
    Also, granting variance will not endanger
    the environment of public health because during that period,
    the
    facility will still be subject to the episode regulations contained
    in Section 244 during periods of high ambient ozone levels,
    The emissions in question are volatile organic materials
    which contribute to the formation of ozone.
    High levels of ozone
    can have adverse health effects on the elderly and persons with
    respiratory and cardiac problems.
    The Agency believes, however,
    that the extension of the compliance deadline sought by Petitioner
    should not cause any increased health effects,
    Again, during the
    period of the variance, Petitioner will be expected to comply
    with its episode action plan which requires reductions of emissions
    during periods of high ozone concer~tration.
    In accordance with the provisions of Section
    35
    of
    the
    Act,
    as
    amended August
    2,
    1978,
    by P,A, 80—1299, Ill. Rev.
    Stat,,
    Chapter 111½, Section 1035, the Boird may grant variances only
    if
    they are
    consistent
    with
    the
    provi’~ions of
    the
    Clean
    Air
    Act 42
    U.S.C.
    7401,
    et seq.
    Since
    in the present case,
    the
    rules from
    which Petitioner is seeking
    a vari~incehave not yet been approved
    by the USEPA, the Agency does not believe that the
    variance,
    if
    granted, need to be submitted to USEPA as a revision to
    the
    Illinois State implementation Plan (hereinafter ~SIP”),
    The
    Agency has,
    however, reviewed the Petition for Variance, the
    60-31

    —4—
    Amended Petitioner for Variance,
    the applicable regulations,
    Illinois Annual Air Quality Reports, and all other information
    which would normally be necessary to obtain approval of a revision
    to the SIP by USEPA.
    The Agency believes that if the Board
    adopts an Order consistent with this Recommendation, the Order
    should be
    approvable
    as
    a
    SIP
    revision,
    or
    a
    delayed
    compliance
    orders
    If the variance is granted, therefore, the Agency will
    submit it as a SIP revision or a delayed compliance order at such
    time as USEPA approves the regulations
    in questions unless the
    variance has already expired~.
    The Board finds that variance is properly granted under
    these circumstances,
    Petitioner’s emissions are less than those
    allowed on an annual basis, but greater than those allowed on a
    daily basis.
    Although in a nonattainment area, recently the
    exursions recorded at the nearby monitoring station have not
    been
    excessive,
    Should violations occur or be imminent in the future,
    Petitioner~s
    contributions
    to
    the
    same will be controlled under
    its Episode Action Plan.
    Finally, reformulation of coatings
    represents a more practical and year around solution to the
    problem.
    Petitioner~sefforts should be encouraged by the granting
    of variance,
    This Opinion constitutes
    the Board’s finding of fact and
    conclusions of law in this matter,
    ORDER
    For the foregoing reasons, the Board grants Petitioner
    variance from Section 215.204(j) from November
    15, 1983 until
    December 31,
    1985,
    subject to the following conditions:
    1.
    Within 28 days of the Board~cFinal 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 manufacturers specifications including percent solids by
    volume and weight, percent VOM by volume and weight, percent
    water by volume and weight, density of coating, and recommended
    operating parameters; detailed description of each test
    conducted including test protocol, number of runs,
    and
    complete original test results; the quantities and VOC
    content of all coatings utilized during the reporting period;
    the quantity of VOM reduction during the reporting period;
    and any other information which may be requested by the
    Agency.
    The reports shall be sent to the following addresses:
    Environmental Protection Agency
    Division of Air Pollution Control
    Control Programs Coordinator
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    60-32

    Environmental Protection Agency
    Division of Air Pollution Control
    Region
    1,
    Field Operations Section
    1701 South First Avenue, Suite
    600
    Maywood, Illinois
    60153
    2.
    Within
    28 days of the Board~sfinal order herein,
    Petitioner shall apply to the Agency for all requisite
    operating permits pursuant to Section 201,160(a),
    3.
    On or before July
    1,
    1985, Petitioner shall submit an
    alternate compliance program to the Agency at the addresses
    specified in paragraph
    (1),
    ~
    if
    it does not reasonably
    expect to achieve final compliance with Section 215,204(j)
    by December 31,
    1985 through
    its reformulation program~
    Said alternate compliance program shall provide for final
    compliance with Section 215~204(j)by December
    31, 1985~
    4,
    Within 45 days of the Board~sfinal order herein,
    Petitioner shall execute a Certification of Acceptance and
    Agreement to be bound
    to
    all
    L~ermsand conditions of the
    variance.
    Said Certification
    shall
    be
    submitted
    to
    the
    Agency at the addresses specified in paragraph
    (1), ~
    and to the Illinois Pollution Control Board,
    309 West Washing~
    ton Street, Suite 300, Chicago, Illinois &0606.
    The
    45 day
    period shall be held in abeyance during any period that this
    matter is being appealed.
    The form of said Certification
    shall
    be as follows:
    CERTIFICATION
    National Can Corporation, hereby accepts and agrees to be
    bound by all
    terms and conditions of the Order of the Pollution
    Control Board in PCB 83—168, dated September 6,
    1984.
    Petitioner
    By:
    Authorized
    Agent
    Title
    Date
    60-33

    —6—
    IT
    IS SO ORDERED~
    Bill Forcade concurred.
    I, Dorothy M.
    Gunn,
    Clerk
    of
    the Illinois Pollution Control
    Board,
    hereby
    certify
    that
    the
    above
    Opinion
    and
    Order
    was
    adopted
    on
    the
    ____________
    day
    of
    ~
    1984 by a vote
    of
    ,
    Dorothy
    M,
    Gunn,
    Clerk
    Illinois
    Pollution
    Control
    Board
    60-34

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