ILLINOIS POLLUTION CONTROL BOARD
    May
    28, 1981
    OUTBOARD MARINE CORPORATION,
    Petitioner,
    v.
    )
    PCB 80—211
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by
    I. Goodman):
    Outboard Marine Corporation
    (OMC)
    petitioned the Board on
    November 13,
    1980 for variance from Rule 205(j) and Rule 205(k) (3)
    of the Board’s air pollution control rules and regulations (Chapter
    2)
    from July 1,
    1980 to April
    1,
    1981.
    Hearing was waived.
    The
    Agency submitted its recommendation on March
    2,
    1981 that the Board
    deny variance, stating that OMC’s hardship was self—imposed.
    OMC manufactures powered products at its Waukegan, Lake County,
    plant, producing various components for these products and conducting
    various machining and painting operations.
    Eighteen degreasers were
    used by OMC before the Board’s adoption on July 12,
    1979 of the rules
    in question, which prohibit operation of cold cleaning, open top,
    and conveyorized degreasers without the specified control equipment
    on and after July
    1,
    1980.
    In August of 1979 OMC retained a con-
    sultant in order to install the necessary controls
    (amended April,
    1980,
    see Petition, Ex.
    B).
    On February
    7,
    1980 OMC filed its Compliance Schedule under
    Rule 104(g) (1) with the Agency.
    The CS was approved on March 14,
    1980.
    Due to a layoff of 40
    of OMC’s management personnel,
    including engineering staff, caused by decreased sales,
    the
    particular specifications for the retrofitting were not finalized
    until June of 1980.
    The problem was exacerbated by the supplier’s
    proposal having been amended in April,
    1980, and the particular
    operating decisions not having been finalized until August of 1980.
    Equipment delivery is scheduled to begin in December,
    1980 and end
    in March,
    1981.
    OMC applied for a construction permit at some time
    between March and October of l980)
    1OMC appealed the permit in PCB 80-210, dismissed on February
    19,
    1981 on the representation that the Agency had “reissued” the
    permit on an unspecified date.
    41—481

    —2—
    The hardship alleged in not extending the compliance date by
    ten months is that OMC could not meet the July
    1,
    1980 date due to
    occurences beyond its control.
    OMC has endeavored to reduce VOC
    emissions during the ten months by temporarily covering the
    degreasers when not in use, increasing the frequency of its
    inspections, and providing personnel with written instructions to
    follow in the event of abnormal operations.
    An Agency intraoffice
    memorandum shows that the shutting down of seven of OMC’s eighteen
    degreasers reduced annual solvent usage by 36,867 gallons,
    28
    of
    total usage, which would cause a corresponding 28
    decrease in
    hydrocarbon emissions.
    Although grant of variance will allow
    an increase in allowable hydrocarbon emissions from the Waukegan
    facility, OMC’s past actions have minimized this increase.
    The
    Board concludes that there will be no significant increased effect
    on nonattainment areas which would be affected by grant of the
    variance, e.g., downwind of Waukegan.
    Indeed, by April
    1, 1981
    OMC expects
    to be in full compliance with Rule 205(k) (3).
    The Agency recommends denial of the variance solely because,
    it alleges,
    the hardship experienced is neither arbitrary nor
    unreasonable.
    It states that “the problem of sales slumps and
    resulting layoffs of personnel are a situation facing corporations
    and businesses throughout the United States”
    (Rec.,p,l0),
    and that
    “Petitioner should have been able to anticipate” such economic
    problems
    (Rec.,p.ll).
    The recommendation makes no mention of
    steps OMC has and is taking to minimize emissions,
    nor does it
    distinguish between layoffs in general and the 40
    layoff
    experienced by OMC.
    In light of the efforts of ONC to meet the July
    1,
    1980 dead-
    line by contracting
    for the purchase of proper equipment; the layoff
    of engineering personnel necessarily involved in ensuring compliance;
    the time spent after March 14,
    1980 in applying for
    a construction
    permit;
    the attention given to compliance strategy; the fact that
    OMC’s removal of seven degreasers accomplished an emission reduction
    which mitigates the emission increase which will occur during the
    next ten months;
    and,
    finally,
    the lack of substantial harm to
    public health;
    the Board finds that an unreasonable hardship exists
    and will grant variance from Rule 205(j)
    .
    Variance from Rule
    205(k) (3)
    is unnecessary.
    The Board notes, for purposes of the
    existing SIP,
    the compliance date therein of December 31,
    1982,
    and notes,
    for purposes of the 1982 SIP, the extension of the
    primary ozone air quality attainment date to December 31,
    1987.
    40 C.F.R.
    §52.723(a)
    This Opinion constitutes the findings of fact and conclusions
    of 1~wof the Board in this matter.
    ORDER
    It is the Order
    of the Illinois Pollution Control Board that:
    41—482

    —3—
    1.
    Outboard Marine Corporation be and hereby
    is granted
    variance from Rule 205(j)
    of Chapter
    2, Air Pollution Control
    Rules and Regulations,
    from July
    1,
    1980 to April
    1,
    1981.
    2.
    Within 45 days of the date of this Order, Outboard Marine
    Corporation shall execute and forward to the Illinois Environmental
    Protection Agency, Variance Unit,
    2200 Churchill Road,
    Springfield,
    IL 62706, a Certification of acceptance and agreement to be bound
    by all conditions of this variance,
    The 45-day period shall be
    held in abeyance if Outboard Marine Corporation seeks judicial
    review of this Order.
    The form of said Certification shall be as
    follows:
    I,
    (We,)
    having read
    the Order of the Illinois Pollution Control Board in PCB 80-211,
    dated
    _____________________,
    understand and accept the Order and
    agree to be bound by all of
    its terms and conditions,
    ________________________________
    Petitioner
    _______________________________
    Authorized Agent
    _________________________________
    Title
    _________________________________
    Date
    3.
    Variance from Rule 205(k) (3)
    of Chapter
    2, Air Pollution
    Control Rules and Regulations,
    is denied.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, he9by
    certify that the above Opinion and Order was adopted
    on the ~
    day of
    ________,
    1981
    by a vote of
    ~ii
    c
    /
    I
    C
    Christan
    L.
    Moffe~,
    /Clerk
    Illinois
    Pollution
    ~i~itro1
    Board
    41—483

    Back to top