ILLINOIS POLLUTION CONTROL BOARD
February
5,
1981
A~1ERICANCAN CO., Hoopeston Plant,
Petitioner,
V.
)
PCB 80—213
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent,
OPINION AND ORDER OF
TUE
23OARD
(by J.D. Dumelle):
On November 17,
1980, American Can Co.
(American)
filed a
Petition for Variance from Rules
104(c),
205(m)(1)(B), and 205
(n)(1)(B) of Chapter
2:
Air Pollution.
On January
5,
1981,
the
Illinois Environmental Protection Agency
(Agency) ~i1e.ia recom-
mendation that the variance he granted with certain
modifications. Hearing was waived,
and none was held.
American’s Hoopeston plant is located on commercially zoned
property
in Hoopeston and employs 300 people.
At the plant sheets
of metal are coated and sealing compounds are applied to
pre—formed ends.
These components are then used
to manufacture
cans.
The processes include the application of interior and
e~cteriorbase coats,
sideseam spray coatings and end sealing
compounds.
The wide variety of end uses and governmental and
customer requirements necessitated the use of 46 different
coating materials
to
be used in 1979.
During that year 192,762
gallons o~coating material was applied.
After application the
coating and compound materials are cured in dryers and ovens
which exhaust through stacks into the atmosphere.
American’s operating permit for the facility expired May
1,
1980,
and its application
for renewal was denied on the basis
that timely compliance with Roard Rules was not demonstrated.
American requests
that
variance be granted such that the
operating permit may be reissued with a December
1,
1985
expiration date.
American further requests that Rule 205(j)’s
compliance date of December
31,
1982, and Rule 104’s compliance
date of July
31,
1982, both be extended to December 31,
1985.
Finally, American requests that the Rule 205(m)(1)(B)(ii)
requirement that the initiation of process modification
for use
of low solvent materials by April
1,
1982, he extended to
April
1,
1984, and that the Rule 205(rn)(1)(B)(iii) requirement of
completion of the low solvent process modifications by October
1,
1982, be extended to October
1,
1984.
40—433
—2—
American presently emits
295 tons/year of volatile organic
materials
(VOM) while only 120 tons/year is allowed under Rule
205(n).
In order to achieve compliance, American plans to con-
tinue its program of reformulating the coatings
it use~s fran high
to low solvent materials,
to apply the offset provisions of
Rule
204 and 205, and to transfer to other states some activities
which do not lend themselves to reformulation.
American alleges that the lengthy compliance period is
necessitated by the technology forcing aspects of the project as
well
as the need to satisfy customers and regulatory agencies.
The U.S.
Environmental Protection Agency has acknowledged
inherent delays
in developing low solvent formulations.
(See ~x.
5, Att. A of Petition).
The only alternative for reaching
compliance by October
1,
1982,
is the installation of two
catalytic incinerators
($367,000 capital outlay and $100,000/year
annual fuel costs)
and a carbon adsorption unit ($225,000
capital outlay and operating costs of $125,000/year).
The total
cost for this alternative would be approximately $1,267,000 for
the next
3 years at which time the equipment would become
unnecessary,
since compliance should he reached by other means b~
that time.
American further alleges that the granting of variance will
not increase present emissions and will provide continued
reductions based upon its 3—part compliance plan noted above.
While the lack of an increase in emissions is not sufficient to
show
a lack of environmental harm,
American also points out
that
ozone presents health hazards only
on
some summer days.
Thus,
its required participation
in the Air Pollution Episode
Action Plan should avoid health threats by reducing VOM emissions
during ozone alerts.
As discussed in the Opinion
of
the
l3oarcl
in R78—3,4
(August 23,
1979,
35 PCB 243)
the potential health
problem of VOM emissions
is the creation of ozone.
Further,
an Agency investigation has revealed no verified complaints
concerning emissions
from the Hoopeston plant.
The Agency found that the facts alleged in the variance
petition are on the whole accurate.
Therefore, the Board
finds that a denial of variance
in this case would cause an arbitrary and unreasonable hardship
and that the environmental impact of granting the variance
would he small.
The Board agrees with the Agency, however,
that with
diligent effort American could achieve compliance with Rule
205(n)(1)(B)
at least one year earlier than the projected
date.
American has not refuted this.
Therefore, the
Board will grant variance until October
1,
1984.
If
American,
even after a diligent effort,
cannot comply within
that time,
it may apply for a variance extension.
Further,
the Board will impose conditions upon the variance to help
insure prompt compliance.
40—43 4
—3--
This Opinion constitutes
the Board’s findings of
fact
and conclusions
of law in this matter.
ORDER
Variance
is hereby granted to American Can Co.
from
Rules
104(c),
205(m)(1)(B), and 205(n)(1)(B) of Chaptec
2:
Air Pollution,
until October
1,
1984,
subject to the followinq
conditions:
1.
Within
28 days of the date of this Order, and every
third ~ionththereafter,
American Can Co.
shall
submit
written reports
to
the
Agency detailing all progres~~
made in achieving compliance with Rule 205(n)(1)(B)
of Chapter
2.
Such report shall
include information
on the quantity and solvent content of all coatings
utilized during the reporting period, and a description
of the status
of
the ceforrnulation program.
All
such information shall he submitted to the Agency at
the following address:
a.
Environmental Protection Agency
Division of Air Pollution Control
Control Program Coordinator
2200 Churchill Road
Springfield,
Illinois
62706.
h.
Environmental Protection Agency
Division of Air Pollution Control
Region II, Field Operations Section
6415 North University
Peoria,
Illinois
61614.
2.
Within 28 days of the date of this Order, American
Can Co.
shall apply to the Agency for all necessary
operating permits.
Said permit applications shall
include a revised compliance program which is consistent
with this Order.
3.
Within 45 days of the date
of this Order, American
Can Co.
shall execute
a certification of acceptance
and agreement to he bound to all terms and conditions
of the Variance.
Said certificate shall be submitted
to both the Agency offices at the addresses specified
supra,
and shall he
in the following form:
40--435
—4—
American Can Company, hereby accepts and agrees
to
be
bound by the terms and conditions of the Order of the Pollution
Control Board
in
PCB 80—213, dated February
5,
1981.
Petitioner
Signed
Title
Date
Er
IS SO ORDERED.
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board,
hereby certify that the above Opinion and
Order was adoted on the
day
of
____________,
1981
hyavoteof~__
~
Moffett, Clerk
Illinois Pollution Control ~oar(.
40—436