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