EPA v. Pollution Control Board

Case Date: 11/19/1999
Court: 2nd District Appellate
Docket No: 2-98-1101

EPA v. Pollution Control Bd., No. 2-98-1101

2nd District, 19 November 1999



THE ENVIRONMENTAL PROTECTION AGENCY,

Petitioner-Appellant,

v.

THE POLLUTION CONTROL BOARD and THE LOUIS BERKMAN COMPANY, d/b/a the Swenson Spreader Company,

Respondents-Appellees.

Petition for review of order of Pollution Control Board

No. AS97-5

PRESIDING JUSTICE BOWMAN delivered the opinion of the court:

The Louis Berkman Company, d/b/a the Swenson Spreader Company (Swenson), petitioned the Illinois Pollution Control Board (Board) for an adjusted standard pertaining to its emission of volatile organic material (VOM) pursuant to section 28.1 of the Environmental Protection Act (Act) (415 ILCS 5/28.1 (West 1996)). The Illinois Environmental Protection Agency (Agency) opposed the petition. The Board granted Swenson a 10-year adjusted standard with certain conditions. The Agency appeals the Board's decision and argues that (1) the manifest weight of the evidence showed that Swenson did not need an adjusted standard because it could substantially reduce its VOM emissions by installing a powder coating system; (2) the Board improperly interpreted the term "economic reasonableness"; (3) Swenson failed to establish that installing a powder coating system would be economically unreasonable; and (4) the record as a whole did not support the Board's decision. We affirm.

Swenson manufactures snow- and ice-control equipment at its plant in Ogle County. Part of the manufacturing process for many of Swenson's products includes applying one or more coatings of paint. Generally, Swenson applies a primer and at least one coat of paint to its products, with the exception of its stainless steel products and its "all purpose bodies," which receive only a primer coat.

Section 215.204 of the Illinois Administrative Code (Code) governs VOM emissions from manufacturing plants. 35 Ill. Adm. Code