ILLINOIS POLLUTION CONTROL BOARD
April
1,
1982
NATIONAL CAN CORPORATION
(CLEARING PLANT),
)
Petitioner,
v.
)
PCB 81—192
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by I.
Goodman):
On December
7,
1981,
National Can Corporation
(National)
filed a Petition for Variance for its Clearing Plant requesting
relief from the provisions of Rule 205(n)(1)(B) of the Board’s
Air Pollution Control Regulations.
Hearing was deemed waived
in this matter and none was held.
The
Board has received no
public comment.
On December 17,
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 13,
1982,
National submitted its ~rnendedPetition 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 Chicago in an
area that is primarily industrial with some residential housing
facing the plant on two sides.
The plant is located on approx-
imately nine acres and employs 370 people.
Aerosol paint and
juice cans are manufactured at this facility along with coated
sheets and ends which are utilized in final assembly at other
National plants.
Included in the equipment located at National’s Clearing
facility are
2 sheet coaters which apply base coat or primer,
3 litho press
lines which provide lithographic printing on base
coated sheets,
3 aerosol can lines which apply interior and
exterior side seam coating,
1 can line with base oven which
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2
applies inside side seam and interior spray coating,
and 46
end presses which apply end sealing compound,
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 a number of ancil-
lary compliance schedule rules involved, but Rule 205(n)(l)(B)
is the operative rule.
National had anticipated timely compliance with the Rule
by reformulation of its coatings.
In 1980, National had emitted
261 tons per year of VOC emissions while total emissions for the
facility were limited by Rule 205 to 204 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, hut intends to rely on the Bubble concept now being
considered by the Board in a regulatory proceeding,
R8l-20.
As an interim measure, National plans to reduce its present
VOC emissions to 235 tons per year by December 31,
1982 utilizing
replacement coatings which have already been developed.
There-
fore,
during the period of the variance sought, National will he
required to reduce its VOC emissions by a total of
31 tons per
year.
The alternative means of compliance is the installation
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.
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3
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.
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.
ORD
ER
1.
National Can Corporation is hereby granted variance for its
Clearing Plant from Rule 205(n)(l)(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)(1)(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
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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 he 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~ertifythat the, hove Opinion and Order
was adopted on the
I
day of
___—
,
1982 by a vote of
Christan L.
Mof
Clerk
Illinois Polluti
ontrol
Board
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