July
18,
1974
ACME
BARREL
COMPANY,
Petitioner,
‘Is
PCB
74—141
ENVIRONMENTAL PROTECTION
AGENCY,
Respondent
OPINION AND ORDER OF THE BOARD (by
Mr.
Seaman):
This Petition for Variance was filed with the Board
On
April
22,
1974.
On
April
25, 1974, the Board ordered Petitioner
to submit additional
information.
Said additional
information was
filed with the Board
on May 14,
1974.
Petitioner operates
a facility in Chicago which reclaims and
reconditions steel
barrels.
Included in Pet1tioner~soperations are
paint spray
units
and curing ovens, which are the subject of the
Petition for Variance.
Petitioner
is seeking
a variance from Rule 2O5(f~of the
Mr
Pollution Control
Regulations for an indeterminate period of time
in order to emit photochemically reactive hydrocarbons
in excess of
the prescribed standard.
Rule 205(f)
limits emissions of photochemically reactive hy-
drocarbons
to 8
lbs/hr.
Petitioner contends that
it
would be able
to comply with the regulation
if it could obtain an adequate supply
of
exempt solvents.
Petitioner alleges that due to durrent shortages~
it is only able to obtain 80-85
of
its needs,
Petitioner estimates that the emission rate from its spray booth
when using non-exempt solvents
is
94 lbs/hr.
Agency surveillance personnel
estimate the emission rate to be 190 lbs/hr.
Petitioner plans
to achieve compliance as soon as
it is possible
to obtain 100
of
its needs.
In the meantime, Petitioner states
that it will make every effort to assure that only one paint station
at
a time will
use non-exempt solvents,
Petitioner states that to date
it has been unable
to successfully use water base paints
in
its process.
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139
—2—
Petitioner’s facility has been the subject of a prior Board
Order.
In PCB 72-404, the Board found Petitioner to be causing
an odor nuisance.
Petitioner
is currently taking necessary steps
to eliminat~the odor problem.
Citizens contacted by Agency personnel
indicate that whereas the odor has not been totally eliminated, much
progress has been made.
The Agency is
in agreement with Petitioner that denial
of the
variance would cause
a hardship.
The Board
is aware of the current
nationwide shortage of non-photochemically reactive solvents and
notes that Petitioner is not unique in its inability to obtain such
solvents~. The variance will be granted; but not, of course,
for the
indefinite period requested.
The six-month period recommended by the
Agency appears adequate to meet Petitioner’s problem.
This Opinion constitutes the findings of fact and conclusions of
law of the Board.
IT IS THE ORDER of the Pollution Control Board that Petitioner be
granted
a variance from the provisions of Rule 205(.f) of the Air
Pollution Regulations for
a period of six months from the date of this
Order,
subject to the following conditions:
a.
Comencing 30 days from the date of this Order, Petitioner
shall submit monthly progress reports
to the Agency detailing:
1.
total amount of solvents used during the month;
2.
nature and amount of non-exempt solvents used;
3.
nature and amount of exempt solvents used;
4.
nature and amount of exempt solvents
purchased
(indicating the supplier);
5.
nature and amount of non-exempt solvents purchased
(indicating the supplier);
6.
nature and amount of solvents in inventory at the
beginning of each month.
Said reports shall
be sent to:
Environmental
Protection Agency
Division of Air Pollution Control
Control
Program Coordinator
2200 Churchill Road
Springfield, Illinois
62706
b.
Petitioner shall utilize
as much exempt solvent formulations
as
can be furnished by its suppliers.
c.
Within one hundred and eighty days of the date of this Order,
Petitioner shall submit
a compliance plan to the Agency.
This plan may:
1.
Achieve compliance at the expiration of the Variance
by replacement
of photochemically reactive solvents
with non-reactive solvents demonstrated to
be
readily available; or
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2.
Achieve compliance ~tthe expiration of the
Variance by qualification under the Alternative
Standard of Rule 205(f)(l); or
3.
Achieve compliance by May 30, 1975 under the
provisions of Rule 205(f)(2)(D).
I,
Christan
L. ~bffett,
Clerk of the Illinois Pollution Control
Board
tertify that the abov
Opinion and Order was adopted on this
___________
day of
,
1974 by
a vote of
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