ILLINOIS POLLUTION CONTROL BOARD
February 27,
1975
ENVIRONMENTAL PROTECTION AGENCY
Complainant,
v.
)
PCB 73—515
AMERICAN CAN COMPANY,
Respondent,
Mr.
Dennis R.
Fields, Assistant Attorney General, appeared
on behalf of the Complainant.
Mr. Charles J. O’Connor and Mr. Phillip M. Heller appeared
on behalf of the Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr.
Zeitlin)
The Illinois Environmental Protection Agency
(Agency)
originally filed its complaint in this enforcement action on
December
7,
1973.
In its complaint the Agency alleged
Respondent, American Can Company
(American), violated Section
9(a) of the Illinois Environmental Protection Act,
in that
it caused the discharge of contaminants into the atmosphere.
The Complaint did not allege that American had violated any
Rules or Regulations of this Board.
Shortly thereafter,
on March
29,
1974, American filed a
complaint for injunctive and other relief in the Circuit
Court of Cook County.
In that complaint American alleged
that various provisions of the Environmental Protection Act,
the Board’s Procedural Rules, and the Agency~sPermit Review
Procedures violated constitutional guarantees relating to
due process and equal protection.
That complaint requested
that the Circuit Court grant as relief a temporary and
permanent injunction to prevent the Agency or the Board from
proceeding with any enforcement action against American.
The Agency then requested postponement of the hearing in
this matter,pending outcome of the court action filed by
American.
No further proceedings were had in the matter, outside
of discovery,
until a Stipulation and Proposal for Settle-
ment was filed before the Board on December 23,
1974.
That
Stipulation and Proposal for Settlement acts to conclude
both the enforcement proceeding before the Board and the
court proceeding initiated by American. A jointly pro-
pounded amendment to that Stipulation and Proposal for
15--561
Settlement was submitted on motion of both parties on
February 6,
1975.
The proposed amendment makes only minor
changes in certain compliance dates, and does not affect the
acceptability of the Settlement
in this case.
BACKGROUND
The plant operated by American for the production of
various sizes and shapes of containers
is located at
6017
S. Western Ave.,
in Chicago,
and employs approximately
2,200 persons.
The production of such containers at the
American plant involves either or both
a coating opera-
tion and a printing operation,
Associated with the oper-
ations is the use of various solvent-containing materials
such as enamel,
lacquer,
and varnish. The use of these
solvent containing materials results in the release of
hydrocarbon emissions at various points, particularly solvent
vapors evolved in the ovens for drying sheets of plate
rollercoated with organic coatings or varnish.
There are
seventeen such ovens in the plant, and each is provided with
an emission—control device employing an afterburner, installed
during the period 1962-1966.
On January 30, 1973 American filed a permit application
with the Agency regarding its Western Ave. plant.
That
application consisted of 430 pages, and covered 268 process
units,
plus
3 boilers and 61 stacks.
The permit application
stated that with the exception of sideseam stripe operations,
can-body spray operations and can-body spray drying ovens in
“Department 42” which discharged its emissions from
a total
of six stacks, all other emission sources at the American
plant complied with relevant Board Regulations.
Permit
application also included a compliance program.
For the
operations in Department
42,
the parties have in their
stipulation agreed that the compliance problem was attained
on schedule by reformulating lacquers so that only non-
photochemically reactive materials were used.
The Agency
denied American’s permit application on May 22,
1973.
The Agency’s inspections in 1972 disclosed 21 individuals
living near the American facility who complained of odors
and were prepared to so testify at
a hearing.
Those individuals
described the odors as emitting from the American plant, and
characterized these odors as
“strong, terrible,
heavy or
obnoxious”.
The physical effects of these odors were described
as burning eyes, burning throat, difficulty
in breathing and
general discomfort. The odors were also described as periodic
and depending on wind conditions.
The Agency inspection also disclosed that American’s
after—burners were operated at temperatures at 700eF,
The
Agency
is of the opinion that those afterburners cannot
operate efficiently at
a temperature under 1400°F.
15
—
562
American contends that the odor complaints result from
other and unrelated complaints of those citizens against
American. American feels that citizens neighboring its
facility are unhappy, among other things, about parking
problems caused by American’s employees; American points out
that the City of Chicago, after an investigation, took no
action based on similar complaints.
American also points out that it has for several years
experimented with and designed afterburners and catalyst
combustion units to reduce emissions.
SETTLEMENT
After extensive discovery the parties submitted a
Stipulation and Proposal for Settlement on December 23,
1974. which forms the basis for this Opinion.
It is the
intent of the parties that Board acceptance of
this
Set-
tlement will terminate both the enforcement procedure pending
before the Board and the court proceeding pending before the
Circuit Court of Cook County.
2~spart of the Settlement,
as amended, American wil
immediately undertake steps to complete such compliance
program as previously approved by the City of Chicago.
That
compliance program covers the seventeen ovens used for
drying organic films applied by roller coating to sheets of
tinplate. The program includes conversion
to water—base
varnish and coating by May 30,
1975.
The ovens which have
not been converted to water—base varnish by May 30,
1975
will he upgraded by replacing the current afterburners
on
those ovens with catalyst-afterburner units to be operational
by March 14,
1975.
The schedule for ~completion of the
various portions of this implementation plan are contained
in the Stipulation of the parties and appear to be adequate.
Additionally, American will make quarterly progress reports
on matters pertinent to the conversion
to water—base mater-
ials and the installation of catalyst-afterburner units.
American has already received all required construction
permits from the Agency, and has agreed to make proper
application for any other applicable permits.
The parties
have agreed that issuance of further permits is subject to
fulfillment of the Agency’s duties and responsibilities
under the Act and the Board’s Regulations.
Although American has denied any violation of the Act
or the Board’s Regulations,
it has agreed to remit $5,000 to
the State of Illinois immediately upon receipt of the Board
Order adopting the Stipulation in this matter.
American has
also agreed to dismiss, without prejudice, the lawsuit filed
in Circuit Court to enjoin the instant enforcement proceeding.
15—563
—4—
Insofar as the Stipulation and Settlement,
as amended,
appears to provide sufficient provision for compliance, and
the abatement of any polluting emissions which may currently
exist,
the Stipulation is acceptable
to the Board.
This Opinion constitutes
the
findings of fact and
conclusions of Law of the Board.
ORDER
It is the Order of the Pollution Control Board that:
3.
The joint motion to amend Stipulation and Proposal for
Settlement submitted by the parties to this matter is ac-
cepted and the Stipulation and Proposal for Settlement in
this matter is thereby amended.
2.
In conformance withe the Stipulation and Proposal for
Settlement,
as amended, Respondent, American Can Company
shall:
a.
Immediately take all steps necessary to complete
the proposed compliance plan as contained in
the. Stipulation
and Proposal for Settlement in this matter,
as amended;
b.
Remit to the State of Illinois the sum of $5,000,
such payment to be made immediately upon receipt of this
Order,
to:
State of Illinois
Fiscal Services Division
Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois
62706
c.
Take all steps or actions necessary for dismissal
of the lawsuit concerning this matter currently pending in
the Circuit Court of Cook County, entitled American Can Com-
pany
v. Illinois Environmental Protection Agency,
et al.,
Case No.
74—CIT 1858.
3.
The complaint in this matter is dismissed.
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board, hereby certify the abpve Opinion & Order were
adopted1 on the
I~1~1
day of
~J,,
1975 by
a
votes
to
____
Christan L. Moffe
Clerk
Illinois Pollutio
ontrol Board