ILLINOIS POLLUTION CONTROL BOARD
April 15, 2004
IN THE MATTER OF:
PETITION OF FORMEL INDUSTRIES, INC.
FOR AN ADJUSTED STANDARD FROM 35
ILL. ADM. CODE 218.401(a), (b), (c)
)
)
)
)
)
AS 00-13
(Adjusted Standard - Air)
SUPPLEMENTAL OPINION AND ORDER OF THE BOARD (by J.P. Novak):
The Board today terminates, at the parties’ request, an adjusted standard from the
flexographic printing rule granted January 18, 2001.
In re
Petition of Formel Industries, Inc. for
an Adjusted Standard from 35 Ill. Adm. Code Section 218.401(a), (b) and (c), AS 00-13
(Jan. 18, 2001).
On April 2, 2004, the Illinois Environmental Protection Agency and petitioner, Formel
Industries, Inc. (Formel) filed a “joint motion to withdraw adjusted standard.” The parties report
that the adjusted standard is no longer necessary since Formel has achieved compliance with the
rule of general applicability at Formel’s facility in Franklin Park, Cook County.
THE PRIOR ADJUSTED STANDARD OPINION
On March 14, 2000, petitioner Formel filed a petition for an adjusted standard, pursuant
to Section 28.1 of the Environmental Protection Act (Act). 415 ILCS 5/28.1 (2002). Formel
requested relief from the reasonably available control technology (RACT) requirements for
volatile organic material (VOM) of 35 Ill. Adm. Code 218.401(a), (b),(c). Section 218.401
applies to sources with the potential to emit (PTE) 25 tons per year (TPY) or more of VOM.
See
Omnibus Cleanup of the Volatile Organic Material RACT Rules Applicable to Ozone
Nonattainment Areas: Amendments to 35 Ill. Adm. Code 203, 211, 218 and 219, R93-9
(Sept. 9, 1993).
Section 218.401, also known as the flexographic printing rule, requires the flexographic
printer to comply with its requirements by one of two alternative methods:
1) use water-based, compliant inks that contain no more than 40% VOM
by volume, or no more than 25% VOM by volume of the volatile
content of the ink; or
2) operate a capture system and control device which reduces the captured
VOM emissions by 90% and equip the printing line with a capture and
control device which provides an overall reduction in VOM emissions
of at least 60%.
2
At the time of its petition, Formel operated a small job-shop under a Clean Air Act
Amendments Permit Program permit that allowed it to emit up to 80 TPY. Formel used three
central-impression, flexographic printing presses, each 30-35 years old. The presses printed
images using ink onto high-slip polypropylene, polyester, and cellophane film. After an image
was printed onto the film, the film was then used as a flexible package or wrapping for food
products for human consumption, such as pasta, candy, and snack food items. Formel utilized
the high-slip material at the direction and specification of its customers.
In re
Petition of Formel
Industries, Inc. for an Adjusted Standard from 35 Ill. Adm. Code Section 218.401(a), (b) and (c)
AS 00-13, slip op. at 2 (Jan. 18, 2001).
Formel presented information and evidence in its petition and at hearing in support of
each of the factors found at Section 28.1(c) of the Act. The Agency concurred with Formel’s
information and supported granting the adjusted standard, subject to several conditions.
In its opinion granting the adjusted standard with conditions, the Board found that Formel
had satisfied each of the factors of Section 28.1(c). Among other things, the Board found that:
the factors relating to Formel are substantially and significantly different than
those considered by the Board when it adopted the flexographic rules. When
those rules were adopted the Board was primarily presented evidence concerning
methods that larger printing operations could use to achieve compliance with the
rules adopted . . . . The facts . . . support Formel’s contention and the Agency’s
agreement that compliant inks are not available for the products [Formel] prints,
and the costs for add-on controls are economically unreasonable and in some
cases also not technically feasible at Formel’s Franklin Park facility.
Id.;
slip op
at 7.
The Board finds persuasive the search that the Agency and Formel have
diligently engaged in for the past six years to find compliance methods for
Formel. That search demonstrates that in the case of Formel, “no control”
represents RACT for Formel. The Agency informed the Board that this segment
of the printing industry is going backwards in terms of using water-based inks,
and that add-on technology is not technically or economically available to
Formel. Based on this evidence and information, the Board finds that Formel has
demonstrated that its facility has factors that distinguish it from other
flexographic printers.
Id.;
slip op at 9-10.
The Conditions
The Board incorporated into its order, verbatim, conditions suggested by the Agency and
agreed-to by Formel. The conditions fell into two basic categories: recordkeeping requirements
and Emission Reduction Market Systems baseline calculation criteria. But, there were also other
conditions specifying several circumstances under which the adjusted standard “must be revised
or withdrawn.” Condition 10 provided that:
3
This adjusted standard must be revised or withdrawn 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.
Id.;
slip op at 13-14.
THE JOINT MOTION
In their April 2, 2004 joint motion, the parties report that:
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), (c). The
construction permit for the catalytic oxidizer was issued on October 31, 2001. Emissions
Testing was successfully performed on May 31, 2002. A Title V [under the CAAA]
operating permit initially issued on March 3, 2002, was modified on July 11, 2003 to
include the catalytic oxidizer. Motion at 4.
Noting that there appear to be no applicable Board rules governing this matter of first
impression, the parties suggest that withdrawal of this adjusted standard is the appropriate course
of action.
Id.
BOARD ANALYSIS AND CONCLUSION
TO TERMINATE FORMEL’S ADJUSTED STANDARD
The Board appreciates the parties’ difficulty in determining the precise nature of the
appropriate action to request of the Board in this situation, based on the agreed language of the
adjusted standard. After consideration, the Board finds that termination of the adjusted standard
is the appropriate action, as Formel can no longer justify the need for the adjusted standard. As
the parties have suggested no other more appropriate date, the Board terminates Formel’s
adjusted standard as of the date of this opinion and order. For any enforcement purposes, then,
Formel’s adjusted standard from 35 Ill. Adm. Code Section 218. 401 (a), (b), and (c) was
effective from January 18, 2001 through April 15, 2004.
Consistent with Section 28(d)(3) of the Act, the Board will publish notice of this
determination in both the
Illinois Register
and the Board’s newsletter the
Environmental Register
at the end of this fiscal year.
This supplemental opinion constitutes the Board’s supplemental findings of fact and
conclusions of law.
ORDER
Formel Industries Inc. was previously granted an adjusted standard from 35 Ill. Adm.
Code Section 218. 401 (a), (b), and (c) effective January 18, 2001 for three presses at its facility
in Franklin Park, Cook County. Consistent with condition 10 of the Board’s January 18, 2001
order granting the adjusted standard and at the parties’ request, the Board terminates the adjusted
standard as unnecessary effective April 15, 2004.
4
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2002);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above supplemental opinion and order on April 15, 2004, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
