ILLINOIS POLLUTION CONTROL BOARD
    January20,
    1972
    THE MINERVA OIL COMPANY
    v.
    )
    PCB
    71—265
    ENVIRONMENTAL PROTECTION AGENCY
    Joseph
    R.
    Hale, Attorney for The Minerva Company
    Frederick
    C.
    Hopper and Wayne Golomb, Attorneys
    for the Environmental Protection Agency
    Opinion and Order
    of the Board
    (by Samuel
    R. Aldrich):
    A petition for variance was filed by The Minerva Company
    (“Minerva”)
    on September
    2,
    1971.
    Petitioner requests
    a variance
    to exceed
    the
    allowable emission rate of Rule 3-3.111 of
    the Rules and Regulations
    Governing The Control of Air Pollution
    (“Air Rules”),
    on its No.
    1
    plant in Hardin County,
    Illinois.
    Petitioner’s principal business is the mining
    and milling of fluorspar
    (calcium fluciride)ores
    to produce
    a concentrate that
    is consumed, or
    further processed,
    in several basic industries.
    In addition,
    the
    mineral sphalerite
    (zinc
    sulfide)
    is recovered
    as a co—product
    in the
    milling process and sold to
    zinc smelters for further processing.
    At
    the present time, Minerva is operating
    four underground mines,
    a
    pre-concentrating plant and
    a concentrating plant
    (mill)
    at Mine
    1.
    Approximately 1000 tons of ore are processed daily.
    The plant
    employs from 180
    to 200 people from the counties of Hardin and Pope.
    About 60
    of Minerva’s total fluorspar production
    is shipped as dry
    material.
    The drying process
    is accomplished
    in two rotary dryers
    (kilns).
    Kiln
    1
    is
    a counterflow dryer and is equipped with
    a
    cyclone collector, followed by
    a Type W Rotoclone collector.
    This
    kiln is claimed to emit practically no dust
    (R.
    28,
    60).
    Kiln
    2 is
    a parallel-flow kiln and is followed by three collectors:
    (1)
    a large
    diameter cyclone,
    (2)
    an Amerclone and
    (3)
    a Type W Rotoclone.
    George
    Musson,
    an engineer
    for Minerva,
    estimated that without the use
    of
    dust collectors,
    at least 15 percent of the dry product would be
    lost
    (R.
    46).
    It is Kiln
    2 for which Minerva seeks
    a variance.
    Petitioner estimates
    dust emissions from Kiln
    2
    to be 15.0 lbs/hr or
    1.4 lbs/hr above the
    allowable limit specified in Rule 3—3.111 of the Air Rules
    for the
    process weight rate characteristic of Minerva.
    The record indicates that
    the final collector on Kiln
    2,
    a Type W
    Rotoclone, was ordered
    in March of 1971
    (R.
    47).
    On May
    4,
    1971,
    Minerva applied to the Agency for
    a permit to install the new
    equipment.
    According to George Musson,
    the delay
    in applying for
    a
    3
    493

    permit was because Minerva had assumed that no permit was necessary
    in view of the fact that the same type of collector was already
    operating effectively on Kiln 1
    (R.
    49).
    The Company was informed
    of the necessity for
    a permit by Paul Schmierbach,
    an engineer
    for
    the Agency.
    A denial of the permit was received on June
    14.
    Minerva
    subsequently restated its
    case to the Agency but again, notice was
    received July
    23 that a permit had been denied.
    At that time the
    Agency recommended that Minerva apply for a variance
    (Pet.
    Ex.
    7).
    The new collector was delivered in June of 1971
    (R.
    48).
    Despite
    the Agency’s refusal to issue an installation permit, Minerva pro-
    ceeded to install the collector and began operating the device in
    September, 1971
    (R.
    48)
    .
    In defense of this action, George Musson
    stated that the alternative would have been
    to allow dust emissions
    to continue pending
    a decision on the variance request.
    The
    collector was operated in order
    to reduce emissions and to prevent
    losses of product worth perhaps $100 per day
    (R.
    52).
    In making its case for a variance, Minerva contends that the
    environmental impact of 1.4 lbs of dust per hour would be of no
    significance.
    The Company notes that flucrspar is an inert mineral
    with no chemical effect on the environment and its ingestion in
    moderate amounts is not considered harmful to human health.
    More-
    over, Mine 1 is located in a very remote area.
    The nearest residence
    is about 1/4 mile from the plant and the nearest town is about
    5
    miles distance.
    The Company has never received any complaints about
    dust emissions from the
    Mine
    1 Mill in its
    27 years of operation.
    The amount by which the estimated emissions from Kiln
    2 exceed the
    standard is less than 10 percent.
    Indeed, George Musson expressed
    doubt that emissions could be estimated to an accuracy of
    10 per-
    cent
    (R.
    53).
    Thus the Company is in fact uncertain as
    to whether
    its emissions actually exceed the standard.
    Conversely, denial of
    a
    variance would impose considerable economic hardship on Minerva and
    would result in loss of work for
    many
    of its employees.
    We are convinced from the facts in this case that a variance is
    clearly merited.
    However, in granting
    a variance we will impose a
    number of conditions.
    The record indicates that emissions from Kiln
    2
    could be further reduced by installing
    a wet spray chamber ahead of
    the Type W Rotoclone
    (R.
    63).
    The device is of modest cost and
    could be installed within a few weeks.
    Minerva is agreeable to
    installing it
    (R.
    91).
    Although the effectiveness of such a chamber
    cannot be predicted with precision,
    we feel that installation of
    the device is warranted.
    We will therefore require Minerva
    to
    install and operate a wet spray chamber.
    We leave to Minerva any
    decisions regarding the most appropriate construction materials and
    other technical details.
    It will of course be necessary for the
    Company to apply for an installation permit from the Agency.
    We
    will also require that once the chamber is in operation, Minerva
    submit a report indicating the estimated rate of dust emission from
    Kiln
    2.
    As
    a final condition on the granting of a variance, we
    will order Minerva not to increase the process weight rate of
    Kiln
    2 without prior notice
    to the Agency.
    3
    494

    Minerva
    is hereby granted
    a variance until April
    15,
    1972,
    in order
    to install and test the wet spray
    chamber.
    If tests indicate
    that
    emissions from Kiln
    2 still exceed the standard we will require
    Minerva to submit new plans
    for achieving compliance.
    Such plans
    will form the basis for consideration of an extension of
    the
    variance granted here.
    ORDER
    1.
    The Minerva Company
    is hereby granted
    a variance from Rule
    3-3.111 of the Rules and Regulations Governing
    the Control
    of Air Pollution until April 15,
    1972,
    for Kiln
    2 of its No.
    1
    plant
    in Hardin County,
    Illinois.
    2.
    By March
    31,
    1972, The Minerva Company shall install and place
    in operation a wet spray chamber on Kiln
    2 of its No.
    1 plant.
    3.
    By April
    15,
    1972,
    The Minerva Company shall submit to the
    Pollution Control Board and to the Environmental Protection
    Agency
    a report indicating the estimated rate of dust emission
    from Kiln
    2.
    On the’ basis of the report,
    the Board will decide
    whether any further action is needed.
    4.
    The Minerva Company shall not increase the process weight rate
    of Kiln
    2 above the present rate without prior notification of
    the Environmental Protection Agency.
    I, Christan Moffett,
    Clerk
    of
    the. Illinois Pollution Control
    Board, certify t at the Board adopted the abov
    opinion and order
    this
    ~O
    day of
    ______
    1972,
    by
    a vote of
    —0
    /
    ~4t~
    ~
    3
    495

    .
    .

    Back to top