ILLINOIS POLLUTION CONTROL BOARD
January 8, 1981
DIET7JGEN CORPORATION,
)
Petitioner,
v.
)
PCB 80—179
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD (by I. Goodman):
On October 1, 1980 Dietzgen Corporation (Dietzgen) filed
a petition for variance before the Board requesting relief from
Rule 205(m) (1) (C)(i) of the Board’s air pollution control regula-
tions for its facility in Des Plaines, Illinois. No hearing has
been held in this matter and the Board has received no public
comment. On November 19, 1980 the Illinois Environmental Pro-
tection Agency (Agency) filed a motion for extension of time to
file its variance recommendation. The Agency’s motion is hereby
granted.
Dietzgen owns and operates a facility which manufactures
drafting films and vellums by applying a coat of solvent—containing
resins onto either polyester films or vellums. The facility
employs approximately 200 persons. Dietzgen seeks variance from
the requirements of Rule 205(m)(1)(C)(i) of Chapter 2 which requires
that a contract to purchase the required control equipment he
entered into by July 1, 1980. No relief is sought from the emission
limitation compliance date of October 1, 1982, nor from the interim
site construction compliance date of July 1, 1982.
Variance is sought until January 15, 1982. Dietzgen wishes
to test certain equipment on one of its coating lines to determine
whether the same sort of equipment can be used elsewhere. Dietzgen,
proposes to test the equipment and to decide by January 15, 1982
whether it will enter into a contract for additional equipment or
select another method of compliance. If additional control equip-
ment is deemed necessary, Dietzgen proposes to order the equipment
on or before January 15, 1982, to complete construction by March,
1982, and to be in compliance with the emission limitation by June,
1982.
In its recommendation the Agency agrees generally with the
facts alleged in the petition but is of the opinion that the
proposed delivery time of the equipment is optimistic, considering
the fact that the number of orders for such equipment will increase
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—2
as the compliance date approaches. The Agency, therefore, recommends
variance be granted but suggests modified interim dates in Peti-
tioner’ s compliance plan.
The
Board
finds
that
it would be an arbitrary and unreasonable
hardship to deny Dietzgen
time
to evaluate its proposed control
equipment. This is especially true in light of the fact that the
compliance date for the emission limitation will remain the
same
if variance is granted. With respect to the compliance schedule,
the
Board
will allow Deitzgen the schedule that it proposes, but
will order Dietzgen to provide proof to the Agency that its bid
letting process will be
completed as scheduled
and
that the manu-
facturer/s of the selected control equipment will guarantee delivery
in
time
for Dietzgen to meet the emission limitation compliance date.
The Board directs Dietzgen’ s attention to Paragraphs 22, 23, 24
and 25 of the Agency’s recommendation concerning compliance with
Rule 205(n)(3) and Rule 205(n)(4).
This Opinion constitutes the findings of fact and conclusions
of law of the Board in this matter.
ORDER
1.
Dietzgen Corporation is hereby granted variance from
Rule 205(m)(1)(C)(i) of Chapter 2, the Board’s
Air
Pollution
Control Rules
and
Regulations, for its facility in
Des
Plaines,
Illinois until January 15, 1982 under the following conditions:
a.
Dietzgen Corporation shall, on or before December
1, 1981, provide the Illinois Environmental Protection Agency
with reasonable assurances that,
should the decision to add
control equipment be made, Dietzgen can complete the bid
letting process and will receive delivery of the ordered
control equipment so as to guarantee compliance by July 1,
1982.
b. Beginning on March 1, 1981, Deitzgen shall file with
the Illinois Environmental Protection Agency a status report
every second month until compliance is achieved. These reports
shall be sent to: (1) Mr. Francis
Gehrt,
Enforcement Programs,
Illinois Environmental Protection Agency, 2200 churchill Road,
Springfield, Illinois 62706, and (2) Ms. Jeane Damlos, Division
of
Air
Pollution Contro, Illinois Environmental Protection
Agency, 1701 South 1st Avenue,
Maywood,
Illinois 60153.
c. Within 45 days of the date of this Order, Dietzgen
Corporation shall execute
and
forward to the Illinois Environ-
mental Protection Agency, Variance Unit, 2200 churchill Road,
Springfield, Illinois 62706, an executed Certification of
acceptance and agreement to be bound by all conditions of
this variance. The forty—five day
period
shall be stayed if
Dietzgen Corporation seeks judicial review of this variance
pursuant
to Section 41 of the Environmental Protection Act.
The form of said Certification shall be as follows:
40—272
—3
CE RTIF I CA TION
I, (We,)
____________
____
having read
the Order of the Illinois Pollution Control Board in PCB 80—179,
dated
_________________,
understand and accept the Order and
agree to be bound by all of its terms and conditions.
___________________________, Petitioner
____
______________________,
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
were adopted on the ~ day ~
1981 by a vote of
~~tan~t
~
Illinois
Pollution ~bntrol Board
40—273