BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

PETITION OF ROYAL FIBERGLASS POOLS,

)

AS 2009-04

INC. FOR AN ADJUSTED STANDARD FROM )

(Adjusted Standard-Air)

35 ILL. ADM. CODE 215.301

)

)

NOTICE

TO:

John Therriault, Assistant Clerk

Carol Webb, Hearing Officer

Illinois Pollution Control Board

Illinois Pollution Control Board

James R. Thompson Center

James R. Thompson Center

100 West Randolph, Suite 11-500

100 West Randolph, Suite 11-500

Chicago, Illinois 60601-3218

Chicago, Illinois 60601-3218

Dale A. Guariglia

Brandon W. Neuschafer

Bryan Cave LLP

One Metropolitan Square, Suite 3600

211 N. Broadway

St. Louis, MO 63102-2750

PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control Board

the

APPEARENCE and RECOMMENDATION OF THE ILLINOIS ENVIROMENTAL

PROTECTION AGENCY

a copy of which is herewith served upon you.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By: /s/ Charles E. Matoesian

Charles E. Matoesian

Assistant Counsel

Division of Legal Counsel

DATED: August 20, 2009

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

THIS FILING IS SUBMITTED

217.782.5544

ON RECYCLED PAPER

217.782.9143 (TDD)

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

PETITION OF ROYAL FIBERGLASS POOLS,

)

AS 2009-04

INC. FOR AN ADJUSTED STANDARD FROM )

(Adjusted Standard-Air)

35 ILL. ADM. CODE 215.301

)

)

APPEARANCE

The undersigned hereby enters his appearance as an attorney on behalf of the

Illinois Environmental Protection Agency.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By: /s/ Charles E. Matoesian

Charles E. Matoesian

Assistant Counsel

Division of Legal Counsel

DATED: August 20, 2009

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

217.782.9143 (TDD)

Electronic Filing - Received, Clerk's Office, August 20, 2009

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

PETITION OF ROYAL FIBERGLASS POOLS,

)

AS 2009-04

INC. FOR AN ADJUSTED STANDARD FROM )

(Adjusted Standard-Air)

35 ILL. ADM. CODE 215.301

)

)

RECOMMENDATION OF THE ILLINOIS EPA

TE

E

recommendation in the above captioned matter pursuant to the regulations of the Pollution Control

104.416

. The Illinois EPA recommends that the

Board

GRANT

the Amended Petition of Royal Fiberglass Pools, Inc., subject to the terms and

conditions contained in this recommendation. In support of this recommendation, the Illinois EPA

states as follows:

BACKGROUND

1.

Royal Fiberglass Pools

,

Royal

on April 3,

2009

,

E ,

5/28.1, and the regulations of the Board at 35 Ill. Adm. Code Section 104.402. An amended petition

Amended

17, 2009. The Amended Petition requests that the Board

grant Royal an adjusted standard from 35 Ill. Adm. Code Section 215.301, the Use of Organic

Material Rule, better known as the "8 lb/hr Rule" as it applies to the emissions of volatile organic

V

Royal's Dix, Illinois, fiberglass swimming pool manufacturing facility. The

8 lb/hr Rule states:

No person shall cause or allow the discharge of more than 3.6 kg/hr (8 lbs/hr) of

organic material into the atmosphere from any emission source, except as provided in

Electronic Filing - Received, Clerk's Office, August 20, 2009

---

2

Sections 215.302, 215.303, 215.304 and the following exception: If no odor nuisance

exists the limitation of this Subpart shall apply only to photochemically reactive

material.

2.

The Amended Petition for Adjusted Standard stems from Royal's request to use averaging to

comply with the 8 lb/hr Rule for VOM as set forth in its modification (submitted July 14, 2009) to its

application for a Clean Air Act Permit Program ("CAAPP") permit (no. 96030137) originally

received by the Illinois EPA in November, 2004. (Pet. at 1). On January 10, 2006 the Illinois EPA

issued Violation Notice A-2005-00281 to Royal

.

(Pet. at 2). Receipt of the notice was followed by

several meetings between the parties during which Royal presented evidence that it could not

reasonably comply with the 8 lb/hr Rule on a strict hourly basis. Id. After reviewing the evidence,

the Illinois EPA agreed that Royal would file a petition for an Adjusted Standard. This Amended

Petition covers the Royal gelcoat and resin application areas, plus other pool manufacturing activities

at the source.

3.

On April 24, 2009, Royal filed a Proof of Publication of Notice with the Board for the initial

Petition. The notice appeared in the Mt. Vernon Register-News on April 13, 2009.

4.

Pursuant to 35 Ill. Adm. Code Section 104.416, the Illinois EPA is required to file a response

to a Petition for Adjusted Standard within 45 days of filing.

5.

However, due to the need for additional information, Royal was required to file an Amended

Petition. In return, the Illinois EPA filed several motions to extend the time for filing a response.

DESCRIPTION OF THE FACILITY

6.

The Royal facility is located at 312 Duncan Road in Dix, Jefferson County, Illinois. (Pet. at

1). Royal manufactures 20 different models of fiberglass pools with a facility-wide production cap

---

3

of 400 pools per year (per CAAPP application). (Pet. at 4). The CAAPP application requests a limit

of 400 pools which correlates to full production of two pools per day in Spring, Summer, and Fall.

Id. During the peak season, Royal employs approximately 20 people in its facility and another five

to ten contract haulers

.

Id. Concerning emissions, Royal hired an environmental consultant,

Engineering Environmental

EE

, to aid the company in computing the

VOM emissions associated with the manufacture of the various pools Royal constructs

.

Id. at 2.

Royal estimates that annual VOM emissions at the Dix plant for 2007 and 2008 were 14.8 and 11.6

tpy, respectively. Id. at 5. The CAAPP application, however, estimates maximum VOM emissions

at about 29.76 tpy, approximately 27.54 tons of which are potential styrene emissions. Id. The

Illinois EPA accepts Royal’

incorporates by reference

Section II. D of the Amended Petition.

7.

A new

MACT standard for composites

me effective on April 21, 2006. 40 CFR Part 63, Subpart WWWW.

Royal is already in compliance with this new MACT standard. (Pet. at 5). To comply with the work

practice standards in the Composites MACT,

containers are closed when not in use, and implementing the use of acetone, which has no HAP or

V

Id.

COMPLIANCE ALTERNATIVES

8.

Royal asserts in its Amended Petition that its operations were not contemplated by the 8lb/hr

.Rule, which was established in 1971. Id. at 11. Royal states that the manufacture of fiberglass

pools is significantly different than other operations which emit organic material, Id. at 12.

---

4

Fiberglass pool manufacturing involves a batch-type process, rather than a continuous application

pr

Id. at 11. Because materials are not applied continuously, but rather in steps, VOM

emissions are not constant and even. Id. at 12. Royal states that emission controls are more

economically feasible where processes are continuous. Id.

9.

Finally, Royal asserts the requirements of

’

OSHA worker protection regulation at 29 CFR 1910 prevent compliance with the 8 lb/hr Rule.

Id. at 11. OSHA rules require workplaces that emit styrene to "maintain an in-plant work area

… "

Id. at 12. To protect workers from styrene emissions, Royal

has thus installed a ventilation system "that exhausts approximately 35,000 cubic feet of plant air

every minute." Id. Because of the enormous rate of air transfer, Royal asserts that add-on emission

controls are fiscally impractical. Id. Royal further asserts that the Board in 1971 could not have

possibly anticipated the promulgation of the OSHA rules

.

Id.

10.

Royal considered the following compliance alternatives,

“

(1) reducing VOM content in

production materials; (2) using alternative operating procedures and methods; and (3) installing

add-

Id. at 6.

,

-on emission

controls, many of the alternatives investigated would not allow Royal to comply with the 8 lb/hr

Rule on a strict hourly basis. In addition, Royal could not identify any feasible compliance

V ’

Id.

11.

Royal states that it has already reduced the VOM concentration in its production materials

maintaining product integrity. Id.

---

5

12.

Concerning add-on air pollution controls, Royal relies heavily on a report,

Feasibility and

Cost of the Capture and Control of Hazardous Air Pollutant Emissions from the Open Molding of

Reinforced Plastic Composites

, prepared by their environmental consultant, EECS, and submitted to

the United States Environmental Protection Agency USEPA in April 2000 as part of the

Composites MACT rule

.

Id. at 7 and 8. The study lists the various air pollution control systems that

are available and Royal lists their feasibility for use at the Dix plant. Id. at 7-8. Royal contends that

the report finds most forms of add-on technology either technologically or economically infeasible

for the Dix plant. Id. Royal also states that the Composites MACT does not require a facility like

the Dix plant to install add-on air pollution controls. Id. at 7. Royal contends that the only

technically feasible add-on control is economically infeasible, stating

-mounted RTO

control option would have an installed capital co…

, $,

500 and would have

$,

Id. at 9. This would equate to a cost of $18,400

per ton of styrene and

MMA removed . Id. Based upon the information

submitted, the Illinois EPA agrees with this analysis.

13.

concentration in its production

materials in order to comply with the MACT standard

.

Id. at 5. Some of the HAPs are also VOM.

Compliance with the MACT does not yield compliance with the 8 lb/hr Rule. Id. at 6. Royal states

that reduction of styrene in the resins, beyond that required by the MACT, is not currently technically

feasible while maintaining product integrity. Id. Royal has also investigated alternative procedures

which could result in reduced VOM emissions. Id. These resulting problems are listed on pages six

and seven of the Amended Petition but all alternatives seem to be ruled out by the large size of the

Electronic Filing - Received, Clerk's Office, August 20, 2009

---

6

pool molds and the need for a high-quality gelcoat finish.

See generally

, pages 6 and 7.

PROPOSED ADJUSTED STANDARD

14.

Royal

’

requirements found at 35 Ill. Adm. Code Section 215.301, insofar as that regulation applies to the

VOM emissions from Royal's manufacturing facility in Dix, Illinois. The Illinois EPA recommends

that the Board

GRANT

Royal’ Amended Petition, and requests that the Board allow Royal to

operate its pool manufacturing facility subject to the following conditions:

a.

Royal shall operate in full compliance with the National Emission Standards for

Hazardous Air Pollutants for Reinforced Plastic Composite Manufacturing Facilities, set forth at 40

CFR Section 63 Subpart WWWW, as may be amended in the future.

b.

Operation in full compliance with the National Emission Standard for Hazardous Air

Pollutants for Reinforced Plastic Composite Manufacturing Facilities, set forth at 40 CFR Section 63

Subpart WWWW, as may be amended in the future, shall be in lieu of compliance with the 8 lb/hr

Rule found at 35 Ill. Adm. Code Section 215.301.

c.

Royal shall continue to investigate swimming pool production methods which

generate fewer VOM emissions and materials that have a reduced VOM content. Where

practicable, Royal must substitute current materials with lower VOM content materials as long as

such substitution does not result in a net increase in VOM emissions. Royal shall be required to

do any test of new technologically or economically reasonable production methods or materials

applicable to the open-mold swimming pool manufacturing industry, which may reduce VOM

’ E

---

7

After performance of such tests, Royal must prepare and submit a report summarizing the

activities and results of these investigatory efforts. The report must be submitted to the Illinois

EPA, Bureau of Air, Compliance and Enforcement Section.

d.

The relief granted in this proceeding shall be limited to the emission activities at

Royal’ Dix facility as of the date of this filing.

e.

Royal shall operate in full compliance with the Clean Air Act, its CAAPP, the

National Emission Standard for Hazardous Air Pollutants for Reinforced Plastic Composite

Manufacturing Facilities, set forth at 40 CFR Section 63 Subpart WWWW, as may be amended in

the future, the Illinois Environmental Protection Act and other applicable regulations not otherwise

discussed herein.

ENVIRONMENTAL IMPACT

15.

Royal’ environmental consultant, EECS, aided the company in computing the VOM

emissions associated with the manufacture of the various pools Royal constructs. Id. at 1. Royal

estimates that annual VOM emissions at the Dix plant for 2007 and 2008 were 14.8 and 11.6 tpy,

respectively. Id. at 5. The CAAPP application, however, estimates maximum VOM emissions at

about 29.76 tpy, approximately 27.54 tons of which are potential styrene emissions. Id.

16.

Royal asserts that the granting of the petition will not increase per unit emissions. Id. at 10.

17.

Royal asserts that no cross-media impact is expected from the granting of the adjusted

standard. Id.

18.

Considered together, the batch process nature of the business which produces VOM

emissions in spikes, the fact that the Section 215.301 rule did not anticipate an operation like

Electronic Filing - Received, Clerk's Office, August 20, 2009

---

8

Royal's, compliance with the recent MACT standard, and the high cost of add-on control technology

due in part to OSHA requirements, the Illinois EPA believes that an adjusted standard for Royal is

warranted.

STANDARD OF REVIEW

19.

Section 28.1 of the Act states that the Board may grant individual adjusted standards from

rules of general applicability whenever the Board determines that an applicant can justify an

adjustment. In adopting a rule of general applicability, the Board may specify the level of

justification required of a petitioner for an adjusted standard. If a rule of general applicability does

not contain a level of justification that the petitioner must meet to obtain an adjusted standard, the

requirements of Section 28.1(c) of the Act apply. Section 28.1(c) states that the Board may grant

individual adjusted standards whenever the Board determines that:

(1)

Factors relating to that petitioner are substantially and sufficiently different

from the factors relied upon by the Board in adopting the general regulations

applicable to that petitioner;

(2)

The existence of those factors justifies an adjusted standard;

(3)

The requested standard will not result in environmental or health effects

substantially and sufficiently more adverse than the effects considered by the

Board in adopting the rule of general applicability; and

(4)

The adjusted standard is consistent with any applicable federal law.

20.

The regulation of general applicability from which Royal seeks an adjusted standard, 35 Ill.

Adm. Code Section 215.301, does not specify a level of justification that Royal must satisfy to obtain

an adjusted standard. Therefore, Royal must satisfy the level of justification set forth in Section

28.1(c) of the Act. As summarized below, the requested adjusted standard for Royal’ fiberglass

Electronic Filing - Received, Clerk's Office, August 20, 2009

---

9

pool manufacturing operations is justified.

21.

The Illinois EPA agrees, for purposes of this Adjusted Standard application, with Royal’

analysis of the justification for its proposed Adjusted Standard as set forth in Section II.H of the

Amended Petition, and

’

,

EPA does not

’

Nor does the Illinois

EPA agree with Royal’

on page 13 of the petition that the revocation of the one-hour

average ozone standard

,

22.

Nevertheless, the 8 lb/hr Rule at Section 215.301 simply did not anticipate the type of

operation Royal maintains. Unlike many other manufacturers, Royal emits VOM in concentrated

bursts as it applies a "skin" to the pool. What is more, reasonable alternative emission control

technologies either do not result in compliance with the 8 lb/hr Rule or are prohibitively expensive

due in no small part to the OSHA requirement for continual ventilation.

CONSISTENCY WITH FEDERAL LAW

23.

The Board may grant the proposed adjusted standard consistent with federal law under

Section 110 of the Clean Air Act, 42 U.S.C. Section 7410, which grants the individual states the

authority to promulgate a plan for the implementation, maintenance, and enforcement of air quality

standards, subject to approval by USEPA. Pursuant to federal law, states also have the authority to

revise such a plan, subject to USEPA approval. By following its adjusted standard procedure with

’

ion regulations, the Board is

exercising the authority granted to the states through Section 110 of the Clean Air Act. If the

---

10

requested adjusted standard is adopted by the Board, Illinois EPA has the authority and will submit

the adjusted standard to USEPA as a SIP revision, thus complying with federal law.

HEARING

24.

Royal has requested a hearing before the Pollution Control Board.

WHEREFORE, the Illinois EPA recommends that

’

s Amended Petition for Adjusted

Standard be

GRANTED

, and an order be entered adopting the adjusted standard with the specific

language presented in this Recommendation.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:/s/ Charles E. Matoesian

Charles E. Matoesian

Assistant Counsel

Division of Legal Counsel

Dated: August 20, 2009

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

217.782.9143 (TDD)

---