ILLINOIS POLLUTION CONTROL BOARD
October
9,
1975
AMERICAN CAN COMPANY,
Petitioner,
v.
)
PCB 75—311
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr. Goodman):
This matter comes before the Pollution Control Board
(Board)
upon the July 18,
1975, Petition of American Can
Company
(American).
American seeks variance from the Board
Order entered in PCB 73-515,
February
27,
1975,
concerning a
schedule for upgrading seventeen ovens for drying organic
films applied by rolling-coater to sheets of tinpiate.
No
Environmental Protection Agency
(Agency)
recommendation was
filed.
The
Petitioner seeks
to modify
a settlement between
itself
and the Agency whereby the manufacturing process was
to
be converted to use water-base varnish and coating by
May
30,
1975.
Petitioner states that as of May
30,
1975,
all
but
three
of the coaters and three of the varnish units
had
been
converted to the use of water—base varnish or
coating.
The delay in conversion of these final six units
is
the result of unforseen technical difficulties.
There-
fore American seeks to convert to the use of Rule 66 or non—
photochemically
reactive materials while continuing develop-
mental work in order to comply with the Board~sOrder of
February 27,
1975.
It
appears
to the Board
that
American
is pursuing
compliance
with the previous Board
Order
in
good faith.
The
Board takes notice of the problems inherent in attempting to
convert to water—base varnish or coatings.
However, the
Petitioner seeks variance from the Board Order for an indef-
inite period of time and,
in addition,
fails to specify the
non-photochemically reactive materials it intends
to use.
Therefore the Board will grant American’s petition for
a two-year period upon the condition that American file a
list,
with
the Board and the Agency,
of the Rule
66
or
non-
photochemically reactive materials
it
will utilize while
developing
a means of compliance
with
the Board Order in PCB
73—515.
19—61
—2—
This Opinion constitutes the findings of fact and
conclusions of law of the Board in this matter.
ORDER
It
is the Order of the Pollution Control Board that:
1.
American Can Company is granted a two-year variance
from the Board Order in PCB 73-515 relating to conversion of
its ovens
to use of water—base varnish or coating by May
30,
1975;
and
2.
American Can Company shall file with the Board and
the Agency, within
35 days of this Order, a complete list of
the photochemically non-reactive materials
it intends
to use
on the six non-conforming lines during the time of this
variance;
and
3.
American Can Company shall file monthly reports
with the Board and the Agency concerning the progress it
is
making toward compliance with the February
27,
1975 Order of
the Board in PCB 73-515,
and the type and amount of materials
used on the six non—conforming
lines; and
4.
Within
30 days of the adoption of this Order, the
Petitioner shall execute and forward to both the Illinois
Environmental Protection Agency,
2200 Churchill Road, Spring-
field,
Illinois
62706 and the Pollution Control Board a
Certification of Acceptance and agreement to be bound to all
terms
and conditions
of this Order.
The form of said certi-
fication shall be as follows:
CERTIFICATION
I
(We),
________________________
having
read
and
fully
understanding
the
Order
of
the
Illinois
Pollution
Control
Board
in
PCB
75-311
hereby
accept
said
Order
and
agree
to
be
bound
by
all
of
the
terms
and
conditions
thereof.
Signed
_______________________
Title
_______________________
Date
_________________________
I,
Christan
L.
Moffett.
Clerk
of
the
Illinois Pollution
Contro~.
Board,
nereby
cert~:y
me
above
Opinio~
nd
Order
were
adopted
on
the
_____________
day
of
_____________
1975
by
a
vote of
~
19-62
_________
Christan
L.
Moffet
/XLerk