P96194A.PDF

ILLINOIS POLLUTION CONTROL BOARD

May 15, 1997

THE D.B. HESS COMPANY, INC.,

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

)

PCB 96-194

(Variance - Air)

ORDER OF THE BOARD (by M. McFawn):

This matter comes before the Board on the April 28, 1997 joint motion to clarify the

Board order dated March 20, 1997 filed by The D.B. Hess Company, Inc. (DB Hess) and the

Illinois Environmental Protection Agency (Agency). In their motion to clarify the March 20,

1997 Board order, D.B. Hess and the Agency request that paragraphs three and four of the

March 20, 1997 Board order be combined to accurately reflect the purpose and requirements of

35 Ill. Adm. Code 218.407(a) (the Lithography Rule).

On March 15, 1996, as amended on August 1, 1996, D.B. Hess filed a petition for

variance. In its petition, D.B. Hess sought relief from various provisions of 35 Ill. Adm. Code

218.407(a) and 218.411(b) as they relate to emissions of volatile organic material (VOM) from

its lithographic printing operations located in Woodstock, McHenry County, Illinois. This

relief was requested in lieu of purchasing, installing and maintaining an afterburner for three

older presses which it intends to shut down on or before March 30, 1999. On March 20,

1997, the Board granted D.B. Hess’ petition for variance subject to the conditions set forth in

the Board order.

The Board’s March 20, 1997 order was based on pleadings which were somewhat

unclear. Based on the additional clarifying information contained in the joint motion, the

Board hereby grants the joint motion to clarify the Board order dated March 20, 1997. For the

recordkeeping convenience of the parties, the order as adopted on March 20, 1997 and

clarified today is set forth below in its entirety.

ORDER

The D.B. Hess Company, Inc. is hereby granted a variance from 35 Ill. Adm. Code

218.407(a)(1)( C), (D), (E) and 218.411(b)(1),(2), (3) for one ATF and two Harris heatset

web offset lithographic presses, identified as presses 3, 4, and 5, at its facility located at 1530

McConnell Road, Woodstock, McHenry County, Illinois, subject to the conditions outlined

below.

1. Variance term. The variance begins on March 20, 1997 and terminates when presses 3, 4

and 5 have ceased operation, or have been replaced or retrofitted with control equipment,

which has been tested and compliance with all applicable rules has been demonstrated to

the Agency. This variance shall terminate no later than March 30, 1999.

2. On or before March 20, 1997 the combined VOM emissions from all of petitioner’s presses

at the Woodstock plant in operation shall not exceed 18 TPY or 1.5 tons per month.

3. On or before March 20, 1997, petitioner shall use only cleaning solution that does not

exceed 30% VOM by weight at the Woodstock plant or petitioner shall use cleaning

solutions on presses 3, 4, and 5 that have a VOM composite partial vapor pressure of less

than 10 mm Hg at 20 degrees Celsius, and the new cleaning solutions shall comply with 35

Ill. Adm. Code 218.407(a)(4).

4. On or before March 20, 1997, petitioner shall store and dispose of all cleaning towels in

closed containers.

5. On or before May 5, 1997, petitioner shall use fountain solutions on presses 3, 4, and 5

that are less than 5% VOM by volume, as applied, and which contain no alcohol.

6. On or before May 5, 1997, petitioner shall monitor presses 3, 4, and 5 pursuant to 35 Ill.

Adm. Code 218.410(b), (c), (e).

7. On or before May 5, 1997, petitioner shall prepare and maintain records pursuant to 35 Ill.

Adm. Code 218.411(b), (c), (d) for presses 3, 4, and 5 to show compliance with the

requirements of 35 Ill. Adm. Code 218.407(a)(1)( C), (D), (E) and 218.411(b)(1), (2), (3).

8. On or before May 5, 1997, petitioner shall submit quarterly reports to the Illinois

Environmental Protection Agency’s Compliance and Systems Management Section, as

identified in Number 13 of this order, demonstrating compliance with the terms of the

Board order.

9. On or before March 30, 1998, petitioner shall cease operation of press 3.

10. On or before March 30, 1999, petitioner shall either:

A. Cease operation of presses 4 and 5, and notify the Illinois Environmental

Protection Agency of such cessation; or

B. Retrofit presses 4 and 5 or replace presses 4 and 5 in compliance with 35 Ill.

Adm. Code 218.407(a)(1)( C), (D), (E) and 218.411.(b)(1), (2), (3), in which

case:

(1) Petitioner shall apply for and obtain necessary construction permits by

March 30, 1998, or six months before retrofitting or replacing presses 4

and 5, whichever is earlier.

(2) Petitioner shall send monthly status reports, due on the 15

day of the

month after the prior month’s status report, to the Illinois Environmental

Protection Agency at the address identified in Number 13 of this order,

on the progress of the installation of the presses and control equipment

and testing of the control equipment, with the following information:

(a) Dates construction will commence and be completed;

(b) Test results; and

manufacturer or the construction company regarding the status of

installation/construction (i.e., unexpected delay,

installation/construction on schedule, completion ahead of

schedule).

12. On or before March 30, 1999, petitioner shall cease operations at presses 3, 4, and 5

except for those it has applied for and obtained permits, retrofitted presses and installed

controls, which have been tested and demonstrated to be in compliance with applicable

rules by March 30, 1999.

13. All notifications to the Illinois Environmental Protection Agency required hereunder

shall be sent to:

David J. Kolaz, P.E., Manager, Compliance & Systems Management Section,

Division of Air Pollution Control, P.O. Box 19276,Springfield , Illinois 62794-

9276

Within 45 days of the date of this order, or on or before June 30, 1997, petitioner shall

certify that it accepts the terms of the variance by executing and forwarding to Christina

Archer, Division of Legal Counsel, Illinois Environmental Protection Agency, P.O. Box

19276, 2200 Churchill Road, Springfield, Illinois 62794-9276, a certificate of acceptance and

agreement to be bound by all of the terms and conditions of the granted variance. Such

acceptance shall be signed by an officer of The D.B. Hess. Company, Inc., duly authorized to

bind The D.B. Hess Company, Inc., to all of the terms and conditions of the final Board order

in this matter. The 45-day period shall be held in abeyance during any period that this matter

is appealed. Failure to execute and forward the certificate within 45 days renders this variance

void and of no force and effect as a shield against enforcement of rules from which the Board

has granted relief.

CERTIFICATION

I (We), ____________________________________________, hereby accept and agree to be

bound by all the terms of the Order of the Pollution Control Board in PCB 96-194 dated March

20, 1997, as modified May 15, 1997.

___________________________

Petitioner

___________________________

Authorized Agent

___________________________

Title

___________________________

Date

IT IS SO ORDERED.

Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for

the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of

service of this order. The Rules of the Supreme Court of Illinois establish filing requirements.

(See also 35 Ill.Adm.Code 101.246 "Motions for Reconsideration.")

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that

the above order was adopted on the 15th day of May, 1997, by a vote of 6-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board