ILLINOIS
POLLUTION CONTROL BOARD
April
1,
1982
NATIONAL CAN CORPORATION
(ROCKFORD PLANT),
Petitioner,
v.
)
PCB 81—189
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by I. Goodman):
On December
2,
1981, National Can Corporation (National)
filed
a Petition for Variance for its Rockford Plant requesting
relief from the provisions of Rule 205(n)(l)(B) of the Board’s
Air Pollution Control Regulations.
Rearing was deemed waived
in this matter and none was held.
The Board has received no
public comment.
On December
3,
1981,
the Board ordered National to amend
its Petition with respect to additional information pursuant to
Rule
401 requirements and to address the matter of hearing.
On
January 11,
1982,
National submitted its Amended Petition herein
along with a rather ambiguous statement concerning the 401(b)
hearing requirement.
By Order of January 21,
1982, the Board
accepted the amended Variance Petition, construed the ambiguous
statement as a hearing waiver pursuant to Procedural Rule 401(b),
and ordered the matter held for Agency recommendation.
On March
8,
1982, the Agency filed its Recommendation herein.
National operates a can making facility in Loves Park in an
area that is primarily industrial with some residential housing.
The plant manufactures metal cans utilized by the food and bev-
erage industries.
Included in the equipment located at National’s
Loves Park facility are four sanitary can lines, one beer can
line, and six end presses which apply end sealing compound.
Each
can line has an inside and outside side seam stripe and the beer
can line has an inside spray.
The foregoing equipment utilizes
several types of coatings which contain volatile organic compounds
(VOC),
The VOC emissions from the can coatings must meet the
requirements of Rule 205(n)(l)(B) of Chapter
2 by December 31,
1982.
There are three ancillary compliance scheduling rules
involved, but Rule 205(n)(l)(B) is the operative rule.
46—23
2
National had anticipated timely compliance with the Rule
by reformulation of its coatings.
In 1980, National had emitted
68.3 tons per year of VOC emissions while total emissions for
the facility were limited by Rule 205(n) to 38.1
tons per year of
VOC emissions.
National now contends that unanticipated problems
in its reformulation program will necessitate an additional
year
in which
to
achieve compliance.
National
is planning to convert
its major coating material to a water-borne formulation which is
inherently low in VOC.
It does not plan to reformulate all the
coatings, but intends to rely on the Bubble concept now being
considered by the Board in a regulatory proceeding,
R81—20.
One coating is already in over—compliance.
Therefore,
during the period of the variance sought,
National will be
required to reduce its VOC emissions by a total of 12.5 tons
per year.
The alternative means of compliance is the instal-
lation of an afterburner, which would cost approximately
$150,000, with an annual operating expense of approximately
$100,000.
National alleges that requiring it to install the
costly control equipment to be used for only one year would
amount to an arbitrary and unreasonable hardship.
In its Recommendation,
the Agency states that it considers
National’s plan of compliance and the additional one-year period
of time within which to achieve compliance to be reasonable
considering the difficulty in reformulation of coatings used
in the food and beverage industries,
a time—consuming process
which includes chemical reformulation,
flavor tests,
sealing
efficiency tests, and customer approval tests.
National’s
facility is
located in a mixed industrial—residential area
and the Agency has received no adverse reaction from area
residents to the variance sought by National.
Although the
emissions in question are photochemically reactive and con-
tribute to the formation of ozone,
the Agency believes that
extension of the compliance deadline should not cause any
increased health effects.
In addition, a certain amount of
protection is afforded through National’s episode action plan
which requires a reduction of emissions during periods of high
ozone concentration.
There were no violations of either state
or federal standards with regard to ozone at the closest moni-
toring station to National’s facility and the record was silent
as to long range transport problems.
The Agency believes that the variance,
if granted, would
be subject to submission to the U.S. Environmental Protection
Agency as a revision to the State Implementation Plan.
The
Agency is of the opinion that if the Board adopts an order
consistent with the Agency’s Recommendation,
the order should
be approvable as a SIP provision and it would be the Agency’s
intention to so submit the variance,
if granted.
46—24
3
The Board
finds that denying the proposed variance would
constitute an arbitrary and unreasonable hardship upon National
considering the effort expended thus far and the problems inherent
in the reformulation of coatings used in the food and beverage
industries,
along with the apparent lack of environmental harm
that would occur,
The Board will therefore grant National
variance from Rule 205(n)(l)(B)
of Chapter 2:
Air Pollution,
until December 31,
1983 subject to certain conditions.
This Opinion constitutes
the finding of facts and conclusions
of law of the Board in this matter,
ORDER
1.
National Can Corporation is hereby granted variance for its
Rockford Plant
from Rule 205(n)(1)(B)
of Chapter
2:
Air
Pollution until December 31,
1983 subject to the following
conditions:
a)
National Can Corporation shall, within twenty-eight
days of the date of this Order and every third month
thereafter,
submit written reports to the Illinois
Environmental Protection Agency concerning progress
made
in achieving compliance with Rule 205(n)(l)(B)
of Chapter 2:
Air Pollution.
Reports shall include
information on the quantity and the VOC content of
all coatings utilized during the reporting period,
the status of the formulation program, and any other
information requested by the Agency.
The reports
shall
be submitted to the Agency at the following
addresses:
Illinois Environmental Protection Agency
Division of Air Pollution Control
Control Programs Coordinator
2200 Churchill Road
springfield,
Illinois
62706
and
Illinois Environmental Protection Agency
Division of Air Pollution Control
Region
1,
Field Operations Section
1701
S.
First Avenue
~
Maywood, Illinois
60153
46—25
4
b)
At least 180 days before the expiration date of
this variance, National Can Corporation shall
file an Alternative Control Strategy Permit
application pursuant to any existing Board regu-
lation concerning alternative control
strategies.
c)
Within forty—five days of the date of this Order,
Petitioner shall execute and forward to
the
Illinois Environmental Protection Agency, Air
pollution Control Division,
2200 Churchill Road,
Springfield,
Illinois 62706,
a Certificate of
Acceptance and Agreement to be bound to all
terms and conditions of this variance.
This
forty—five day period shall be held in abeyance
for any period this matter is being appealed.
The form of the certificate
shall be as
follows:
CERTIFICATE
I,
(We),
_______—____
________________
having
read the Order of the Illinois Pollution Control Board in
PCB 81—192, dated
__________________*
,
understand
and accept the said conditions thereto binding and enforce-
able.
Petitioner
By:
Authorized Agent
Title
Date
2.
The Board shall
retain jurisdiction in this matter,
IT IS SO ORDERED.
I, Christan
L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the above Opinion and Order
wa~adopted on the
~
day of
~
1982 by a vote of
ristan
L,
Mo:
Illinois Pollut:
trol Board
46—26