ILLINOIS POLLUTION CONTROL BOARD

June

26,

1975

ALL-STEEL,

INC.,

Petitioner,

v.

)

PCB 75-67

ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr.

Dumelle):

This action involves

a variance request filed

on

February

13,

1975,

by

All-Steel,

Inc.

Relief

is sought from Rule

205(f)

of Chapter

2:

Air Pollution Regulations

to allow

operation

of Petitioner’s paint spray operation.

All-Steel

owns and operates in Montgomery, Illinois,

a facility for

the manufacture of office equipment.

The operation in

question involves six painting lines.

Written waivers were

filed by All-Steel on May

6, and June 17,

1975, extending

the 90-day statutory period for decision in this case until

June 27,

1975.

On February 21, 1974 we granted All-Steel a previous

variance for this operation until February 21, 1975,

(All—

Steel Equipment Company v.

EPA, PCB 73-544,

11 PCB

349),

~K~t varianc~was granted on the conditions that All-Steel

investigate alternate technology and utilize as much exempt

solvent formulations as could be furnished.

On March

25,

1975 the Agency filed

a Recommendation to deny the new

variance request on the basis that

if

All—Steel was still

unable to obtain adequate supplies of exempt solvents

it

is

now time to develop an alternate control system.

A public hearing was held in Aurora on April

17,

1975.

At the hearing All-Steel indicated that

it

was now obtaining

only exempt paints and solvents, but needed the variance to

enable it to deplete its inventory of approximately

38,000

gallons of non-exempt solvents

(R.

5,

15).

All-Steel’s

process engineer indicated that this inventory cou1~d

be

depleted to

1,430

gallons within twenty weeks following a

17

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current strike at Petitioner’s plant,

after which time usage

could be so low as to be within compliance of the regulations

(R.

5,

Ex.

20).

A Supplement to Petition for Variance,

filed May 13,

1975, reiterating this schedule and indicating

that the strike was settled that week,

reduced the requested

time for variance from February 21,

1976 to December 31,

1975.

Since the United States Supreme Court rendered its

opinion in Train

v.

NRDC on April

16, 1975

(43 LW 4467),

in

order to grant

a variance beyond July 31,

1975, we have

required evidence that the variance would not interfere with

attainment and maintenance of national air quality standards.

The Agency pointed out,

in both its original Recommendation

and an Amended Recommendation,

filed May 20,

1975,

that All-

Steel’s facility is the leading source of hydrocarbon emissions

in Kane County.

The Agency therefore assumed a variance

would lead to

a violation of ambient air quality standards.

The record in the instant case is insufficient to determine

the validity of the Agency assumption or to allow All-

Steel’s variance petition.

There are no data bearing on the

quality of the ambient air affected by Petitioner’s emissions

in this record.

Therefore,

we must dismiss the petition

without

prejudice.

We

note

also

that

this

is

consistent

with our grant of

a variance in the previous All—Steel case,

PCB 73-544,

in which we indicated that more detailed environmental

impact data would be required if a future variance were

requested

(11 PCB at 352).

If All-Steel chooses to submit a new petition for

variance, such petition must address the air quality issue.

The entire record in the instant matter may be incorporated

by reference in any such future petition.

This Opinion constitutes the Board’s findings of fact

and

conclusions

of

law.

ORDER

All-Steel’s petition for variance from Rule 205(f)

of

Chapter

2: Air Pollution Regulations is dismissed without

prejudice.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order were

adopted on the

~1~’

day of June,

1975 by

a vote of

4_~

Christan L. Moffet~f1~’Thrk

Illinois PollutionL~trol Board

17

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