BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
APR
022004
iN THE MATTER OF:
PETITION OF FORMEL INDUSTRIES, INC.
FOR AN ADJUSTED STANDARD FROM
35
ILL. ADM. CODE 218.401(a), (b), and (c)
NOTICE
TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
Jamea R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
)
)
)
)
)
STATE OF ILUNOIS
Pollution Control Board
AS
UV~
(Adjusted Standard
Air)
James F. Zidek
Formel Industries, Inc.
2355
N.
25th
Avenue
Franklin Park, Illinois 60131
PLEASE TAKE NOTICE that I have filed on March 18, 2004 with the Office of
the Pollution Control Board the JOiNT-MOTION TO WITHDRAW ADJUSTED STANDARD,
AN APPERANCE AND ANAPPEARANCE FOR JAMES
F. ZIDEK on behalfofthe Illinois
Environmental Protection Agency, a copy ofwhich is herewith served upon you.
Date:
March 31, 2004
1021 North Grand Avenue East
P.O. Box
19276
Spring field, IL 62794-9276
217/782-5544
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
THIS FILING IS SUBMITTED ON
RECYCLED PAPER
Charles B. Matoesian
Assistant Counsel
Division ofLegal Counsel
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR
022004
STATE OF ILLINOIS
IN THE MATTER OF:
)
Pollution
Control
Board
)
PETITION OF FORMEL INDUSTRIES, INC.
)
AS
FOR AN ADJUSTED STANDARD FROM
)
(Adjusted Standard-Air)
35
ILL. ADM. CODE 218.401(a), (b), and (c)
)
)
JOINT-MOTION TO WITHDRAW ADJUSTED STANDARD
The Illinois Environmental Protection Agency (“Illinois EPA”) and Formel Industries, Inc.
(“Formel”) herebysubmitthis co-petition in the above captioned matter pursuant to the regulations
of the Pollution Control Board (“Board”) at 35
Ill. Adm.
Code Section 104.
The Illinois EPA and
Formel move that the Board WITHDRAW the adjusted standard granted to Formel in AS 00-13.
In support ofthis motion, the parties state as follows:
1.
Formel filed its Petition for Adjusted Standard (“Petition”) on March 14, 2000.
The Petition
requested that the Board grantFormel an adjusted standard forthreecentral-impression flexographic
printing presses from 35 Iii. Adm. Code 218.401(a), (b), and (c) (the “flexographic printing rule”).
Section
218.401
requires
in
pertinent
part
that
(1)
the
flexographic
printer
use
water-based,
compliant inks that either contain no more than 40
volatile organic material (“VOM”)by volume
orcontain no morethan
25
VOM by volume ofthe volatile content oftheink, or alternatively, (2)
the printer operates a capture system and control device whichreduce~the~captured
VOM emissions
~y 90
and the printing line is equippedwith a capture and controldevice which provides an ~ve~rall
reduction in VOM emissions of at least 60.
Board Order, Jan.
18, 2001.
2.
The Petitionresulted from Formel’s assertionthat it couldnot usewater-based compliant inks
and becausethe cost ofinstalling and using an approved controldevice outweighed thebenefits. The
1
Illinois EPA filed a response on October
17, 2000 recommendingthat the Board grantthe adjusted
standard subject to certain conditions.
3.
Specifically, Formel sought an adjusted standard from35 Ill. Adm. Code 218.401(a), (b), and
(c)
which provide in pertinent part:
a)
No owner or operator ofa subject flexographic, packaging rotogravure or
publication rotogravure printing line shall apply at any time any coating or ink
unless the VOM content does not exceed the limitation specified in either
subsection (a)(1) or (a)(2) below.
Compliance with this Section must be
demonstrated through the applicable coating or ink analysis test methods and
procedures specified in Section
2 18.105(a) ofthis Part and the recordkeeping and
reporting requirements specified in Section
2 18.404(c) ofthis Part.
As an
alternative to compliance with this subsection, a subject printing line maymeet
the requirements of subsection (b) or (c) below.
1)
Forty percent VOM by volume ofthe coating and ink (minus water and
any compounds which are specifically exempted from the definition of
.VOM), or
2)
Twenty-five percent VOM by volume of the volatile content in the coating
and ink.
b)
No owner or operator ofa subject flexographic, packaging rotogravure or
publication rotogravure printing line shall apply coatings or inks on the subject
printing line unless the weighted average, by volume, VOM content of all coatings
and inks as applied each day on the subject printing line does not exceed the
limitation specified in either subsection (a)(1) (as determinedby subsection
(b)(1)) or subsection (a)(2)) (as determined by subsection (b)(2)).
Compliance
with this subsection must be demonstrated through the applicable coating or ink
analysis test methods and procedures specified in Section
218.105(a) ofthis Part
and the recordkeeping
and reporting requirements specified in Section 218.404(d)
ofthis Part.
***
c)
No owner or operator of a subject flexographic, packaging rotogravure or
publication rotogravure printing line equipped with a capture system and control
device shall operate the subject printing
line unless the owner or operator meets
the requirements in subsection (c)( 1), (c)(2), or (c)(3) and subsections (c)(4),
(c)(5)
and (c)(6) below.
2
1)
A carbon adsorption system is used which reduces the captured VOM
emissions by at least 90 percent by weight, or
2)
An incineration system is used which reduces the captured VOM
emissions by at least 90 percent by weight, or
3)
An alternative VOM emission reduction system is used which is
demonstrated to
have at least a 90 percent control device efficiency,
approved by the Agency and approved by USEPA as a SIP revision, and
4)
The printing line
is equipped with a capture system and control device that
provides an overall rçduction in VOM emissions ofat least:
***
C)
60 percent where a flexographic printing line is employed, and
4.
In its January 18, 2001
Order, theBoard granted Formel’s petition for an-adjusted Standard.
Inthe Order, several conditions were placed on Formelthat would requirethe-revis-ion orwithdrawal
ofthe adjusted standard should they occur.
These include:
9.
This adjusted standard must be revised or withdrawn if Formel no longer prints the
majorityofits images on high-slip substrates, or on the outside surface ofthe high-
slip substrate.
10.
This adjusted standard must be reyised orwithdrawn if Formel determines that any
add-on
control
system
is
economically
reasonable
and
technically feasible or if
Formel uses any add-on control system that controls VOM emissions;
11.
This adjusted standard must be revised if it becomes feasible for Fonnel to use
compliant inks and coatings for the majority of its printing operations;
12.
This adjusted standard must be withdrawn if it becomes feasible for Formel to
use compliant inks and coatings for all three presses subject to this adjusted
standard; and
13.
If this adjusted standard is revised or withdrawn and Formel is a participating
source in the ERMS program, Formel’s ERMS baseline will be adjusted
downward to
the extent that the new or revised requirements for the three
3
presses subject to this
adjusted standard would result in lower baseline
emissions. If such an adjustment to Formel’s ERMS baseline is required by this
provision, the seasonal allotment period used in its
original baseline
determination shall be usedto determine its adjusted baseline. Formel must
submit a CAAPP application for a revised baseline, as required by this
provision,
within 60 days offinal withdrawal of, or revision to this adjusted
standard.
5.
Formel has installed a catalytic oxidizer and so is capable of, and is in fact, complying with
the flexographic printing rules at 35 Ill. Adm. Code 218.401(a), (b), and (c).
Theconstruction permit
for the catalytic oxidizer was issued
on
October 31,
2001.
Emissions testing
was successfully
performed on
May 31, 2002.
A Title V operating permit initially issued
on March
3, 2000,
was
modified on July
11, 2003 to
include the catalytic oxidizer.
6.
Pursuant to condition ten in the Board’s January
18, 2001 Order, the adjusted standard must
be revised orwithdrawn.
Afler consultationbetweentheIllinois EPA and Formel, theparties believe
that the adjusted standard shall be withdrawn.
7.
The parties note there are no applicable Board regulations to
govern the withdrawal of an
adjusted
standard
and
further
that
this
motion
appears
to
be
a
matter
of first
impression.
WHEREFORE, for the above reasons, the Illinois EPA and Formeljointly request that the
Board WITHDRAW Formel’s Adjusted Standard.
Respectfully submitted,
FORMEL INDUSTRIES, INC.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
-
By:
~
~
By:
______________
/~
/
1
4
James F. Zidek
Charles
E. Matoesian
Attorney
Assistant Counsel
Formel Industries, Inc.
Division ofLegal Counsel
DATE: March 31,
2004
1021 North GrandAvenue East
P.O.Box 19276
Springfield, Illinois 627949276
(217)782-5544
(217)782-9807 Facsimile
5
CLERK’S OFFICE
APR
022004
STATE OF ILLINOIS
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Pollution Control Board
IN THE MATTER OF:
)
)
PETITION OF FORMEL INDUSTRIES, INC.
)
AS
j(1)
‘
FOR AN ADJUSTED
STANDARD FROM
)
(Adjusted Standard
-
Air)
35 ILL. ADM. CODE 218.401(a), (b), and (c)
)
APPEARANCE
I hereby file my Appearance in
this proceeding,
on behalf ofthe
Illinois Environmental
Protection Agency.
Charles E. Matoesian ~
Assistant Counsel
Division ofLegal Counsel
I?ATED:
March 31, 2004
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
1021 North Grand Avenue East
P.O.Box 19276
Springfield, Illinois 62794-9276
THIS FILING IS SUBMITTED
217/782-5544
ON RECYCLED PAPER
MAR—26—2004
15:08
2177829807
2177829807
P.02
CLERK’S
OFFICE
BEFORE THE ILLiNOIS
POLLUTIONCONTROL
BOARD
APR
02
2004
IN THE MATTER
OF:
)
STATE
OF
ILUNOIS
)
,-~
~
~)
Pollution
Control Board
PETiTION OF FORMEL iNDUSTRIES, INC.
)
AS
V
FOR AN ADJUSTED STANDARD
FROM
)
(Adjusted Standard
-
Air)
35 ILL. ADM. CODE 218~401(a),
(b), and(c)
)
)
APPEARANCE
I hereby file my appearance in this proceeding on behalfofForrnel Industries,
Inc.
RECEIVED
Division of
Legal Counsel
(
kAAfl
~
I’IHI~
292004
Environmental Protection
Formel Industries, Inc.
Agency
DATED:
FORMEL INDUSTRIES,
NC.
2355
N.
25th
Avenue
Franklin Park, Illinois 60131
THIS FILING
IS
SUBMITTED
847/455-3300
ON RECYCLED PAPER
TOTAL
P.02
STATEOF ILLINOIS
)
)SS.
COUNTY OF SANGAMON
)
PROOF OF SERVICE
I, the
undersigned, on oath
state that I have served the attached Joint-Motion to Withdraw
Adjusted Standard,
an Appearance and an Appearance for James F. Zidek upon the person to
whom it is directed,by placing
it in an envelope addressed to:
TO:
DorothyGunn, Clerk
James F. Zidek
Illinois Pollution Control
Board
Formel Industries, Inc.
Jamea R. Thompson Center
2355 N. ~
Avenue
100 W. Randolph Street,
Suite 11-500
Franklin Park, Illinois 60131
Chicago, Illinois 60601
andmailing it by First Class
Mail from Springfield, Illinois on March 31, 2004, with sufficient
postage affixed.
SUBSCRIBED AND SWORN
TO
BEFORE ME
this
31st
day ofMarch, 2004
NotaryPublic
N
BRENDA BOEHNER
MYCOMt~
EXPIRES
1 ILLiNQ~
THIS FILING
IS SUBMITTED ON RECYCLED PAPER