ILLINOIS POLLUTION CONTROL BOARD

October

9,

1975

ENVIRONMENTAL

PROTECTION

AGENCY,

Complainant,

v.

)

PCB 75—161

FRANK

FOUNDRIES

CORPORATION,

an

Iowa

Corporation,

Respondent.

Mrs. Joan

C.

Wing,

Assistant

Attorney

General,

Appeared

on

behalf of Complainant;

Mr.

Daniel S.

Churchill, Churchill and Churchill, appeared

on behalf of Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board)

upon the April

15,

1975,

Complaint of the Environ-

mental Protection Agency

(Agency) which charges

the Respon-

dent, Frank Foundries Corporation

(Frank), with violating

Rule 103(b) (2)

of the Air Regulations and Section 9(b)

of

the Environmental Protection Act (Act).

A hearing

was

held

on July 10,

1975,

and a “Stipulation of Facts and Agreed

Settlement” was filed September

18, 1975.

Frank,

an Iowa Corporation qualified to do business in

Illinois, owns and operates a gray iron foundry

in Moline,

Rock Island County,

Illinois.

The Moline facility consists

of two cupolas, four sand mullers,

a shakeout area,

a shot

blast area, and a grinding area.

The cupolas serve as the

supply source of molten cast iron that is poured into sand

molds

to produce gray iron castings.

They are operated

singly on an alternate day basis and have one Environeering

Incorporated wet scrubber system.

The cupola stacks do not

contain afterburners for carbon monoxide control.

Frank has applied for an operating permit several times

since April

1,

1974.

However, either due to lack of infor-

mation or carbon monoxide emissions

in excess of Rule 206(e)

of the Air Regulations,

each permit application has been

denied.

The Agency notified Respondent several times that

it was operating in violation of the Air Regulations due to

its failure

to obtain an operating permit.

19—15

---

—2—

Frank

had

petitioned

the

Board

for

variance

from

Rule

206(e)

while

trying

to

control its carbon monoxide emis-

sions.

The Respondent’s variance petition was dismissed in

April

of

1975.

Respondent,

in

its

stipulation,

admits

that

it

has

operated its foundry facility since December

1,

1972,

with-

out having received an operating permit from the Agency as

required by Rule 103(b) (2) of the Air Regulations and there-

fore in violation

of Section 9(b)

of the Act.

Frank has spent approximately $465,000 for particulate

and carbon monoxide control since

1970

(R.15).

In addition,

Frank agrees to install an afterburner system to bring the

cupola operation into compliance with Rule 206(e).

Respon-

dent further agrees

to obtain all necessary construction and

operating permits.

For its violation of Rule 103(b) (2) of

the Air Regulations and Section 9(b)

of the Act, Frank has

stipulated

to a penalty of $3,000.

The Board accepts the stipulation and settlement of the

parties and finds Respondent to have violated Rule 103(b) (2)

of the Air Regulations and Section 9(b)

of the Act since

December

2,

1972.

The Board assesses the stipulated penalty

of $3,000.00 for said violations.

This Opinion constitutes the findings of fact and

conclusions of law of the Board in this matter.

ORDER

It is the Order of the Pollution Control Board that:

1)

Respondent, Frank Foundries Corporation,

is found

to have violated Rule 103(b) (2)

of the Air Regulations and

Section

9(b) of the Environmental Protection Act,

since

December

1,

1972; and

2)

Respondent shall apply for and obtain

a construc-

tion permit for installation of an afterburner system for

its cupolas within 90 days of this Order.

Said system shall

be designed to bring the operation of the cupolas

into

compliance with Rule 206(e)

of the Air Regulations; and

3)

Respondent shall apply for an operating permit

within

10 days of the afterburner being installed and opera-

tional, and obtain said operating permit for its gray iron

foundry facflity within 180 days of the date of the receipt

of

a construction permit for said afterburner system; and

19— 16

---

—3—

4)

Respondent shall pay as

a penalty for the afore-

mentioned violations the stipulated sum of $3,000.00, pay-

ment to be made within

35 days of receipt by Respondent of

this Order by certified check or money order to:

Control Program Coordinator

Division of Air Pollution Control

Environmental Protection Agency

2200 Churchill Road

Springfield,

Illinois

62706

Mr. Henss Abstains.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opini n and Order

were adopted on the

_____________

day of

_____________

1975byavoteof~3~b

Christan

L. Moffet

,

Illinois Pollution Co6.~6lBoard

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