ILLINOIS POLLUTION CONTROL BOARD
    February 25,
    1988
    IN THE MATTER OF:
    )
    PROPOSED SITE—SPECIFIC
    )
    PARTICULATE LIMITATIONS
    )
    R87—12
    FOR SCHROCK’S SAWDUST
    )
    FIRED BOILERS IN ARTHUR,
    )
    ILLINOIS
    OPINION AND ORDER OF THE BOARD
    (by J.
    Marlin):
    This matter comes before the Board
    on a petition for site—
    specific relief filed by Schrock/A Division of White Industries
    (Schrock)
    on April
    13,
    1987.
    Specifically, Schrock is seeking an
    exemption from 35
    Ill. Adm. Code 212.204 which imposes a
    particulate emission limitation of 0.1 pounds per million British
    thermal units (lbs./mmbtu).
    Instead of that limit, Schrock seeks
    to be subject
    to
    a particulate emission limit of 0.28 lbs./mmbtu.
    On May 14,
    1987, the Board granted the Illinois
    Environmental Protection Agency’s
    (Agency) motion to incorporate
    into this proceeding
    the record of PCB 86—205, which was
    a
    Schrock variance proceeding concerning the same particulate
    emissions.
    At hearing, the Agency and Schrock moved again
    for
    incorporation of PCB 86—205.
    That joint motion was granted by
    the Hearing Officer
    (R.
    7).
    A hearing was held
    in this matter on July 30,
    1987
    in
    Arthur;
    no members
    of the public were present.
    The Board will
    denote citations to the transcript of that hearing by “R”.
    Also,
    on July 30th,
    the Board held a separate hearing in PCB 86—205.
    The Board will denote citations to the transcript from that
    hearing as “R
    II”.
    On October 23,
    1987, the Department of Energy
    & Natural
    Resources filed
    its Negative Declaration in this matter.
    The
    Economic and Technical Advisory Committee filed
    its concurrence
    with the negative declaration on November 13,
    1987.
    On March
    5,
    1987,
    the Board
    issued
    its original Opinion and
    Order
    in PCB 86—205 which granted Schrock
    a short—term variance
    from section 212.204.
    Pursuant
    to the Board’s grant of Schrock’s
    motion for reconsideration,
    the Board held
    the July 30th hearing
    in PCB 86—205.
    After
    reconsidering its March 5th Order,
    the
    Board issued an Opinion and Order on October
    1,
    which granted
    Schrock a variance until October
    1,
    1988.
    Since the record from
    PCB 86—205
    is incorporated into this proceeding,
    the Board finds
    it useful to reiterate some of its earlier
    findings.
    86—487

    2
    Schrock
    owns
    and
    operates
    a
    manufacturing
    plant
    located
    in
    Arthur,
    Illinois,
    in
    the
    County
    of
    Moultrie
    where
    it
    manufactures
    wooden
    cabinets.
    Schrock
    employs
    approximately
    600
    employees,
    making
    it
    the
    largest
    single
    employer
    in
    Moultrie County.
    An
    8
    million
    BTU
    per
    hour
    (“8 MBTU/hr
    or
    8
    mmbtu”)
    Kewanee water
    tube boiler
    is used
    at
    the plant
    to provide building heat during the
    heating
    season.
    This
    boiler
    is
    capable
    of
    burning
    oil,
    gas
    or
    wood
    residue.
    Normal
    firing practices are
    to start the boiler with
    either
    gas
    or
    oil,
    and
    after
    the boiler
    is
    brought
    up
    to operating temperature, fire the
    boiler with wood
    residue.
    pproximately one—
    half
    ton
    of
    wood
    residue
    is
    burned
    per
    hour.
    The boiler was originally installed
    in
    1978
    and
    was
    modified
    to
    burn
    wood
    residue
    pursuant
    to
    a
    construction permit
    issued
    on
    October
    22,
    1979.
    An
    operating
    permit
    was
    issued on February 19,
    1981, which expired on
    February
    11,
    1986.
    Schrock
    experienced
    severe
    firing upset problems when firing
    the
    boiler
    ~ith
    wood
    residue.
    As
    a
    result,
    Schrock determined
    that
    it
    was
    necessary
    to
    rebuild
    the
    boiler.
    Schrock
    applied
    for
    a
    construction
    permit
    which
    was
    issued
    on
    September
    3,
    1985.
    The
    construction
    permit
    authorized
    the
    reconstruction
    of
    the
    boiler
    and
    the
    removal
    of
    the
    original
    fabric
    filter.
    The
    permit
    required
    that
    Schrock
    conduct
    a stack test prior
    to applying for
    an
    operating
    permit.
    A
    new
    mechanical
    particulate collection system consisting
    of
    a
    multicyclorie
    was
    installed
    to
    replace
    the
    fabric
    filter.
    This
    multicyclone
    was
    designed
    to meet
    a particulate
    level
    of
    1.0
    pound
    per
    MBTU
    (“lbs/mmbtu”).
    A
    stack
    test
    conducted
    on
    January
    21
    and
    22,
    1986,
    demonstrated
    a
    particulate
    emission
    rate
    of
    0.2775 lbs/mmbtu.
    (PCB 86—205, slip op.
    at 1—2,
    March
    5,
    1987)
    It
    appears
    that
    there
    were
    significant
    problems associated with
    the operation of the
    baghouse
    fabric
    filter.
    Mick
    Price
    Schrock’s
    Arthur
    plant
    manager
    testified
    that
    the
    boiler
    could
    not
    be
    run
    on
    “high
    fire” due
    to the lack of adequate ventilation
    through the baghouse.
    (R.
    63).
    This
    in turn
    caused problems
    in
    failing
    to provide enough
    86—488

    3
    steam
    for
    a
    comfortable
    temperature
    within
    the
    plant.
    Price
    asserted
    that
    excessive
    particulate emissions were also a result.
    (R.
    79—80).
    In
    addition,
    he
    stated
    that
    soot
    from
    the
    boiler
    was
    being
    deposited on
    cars
    in Schrock’s parking lot.
    Finally, he stated
    that
    fires
    had
    occurred
    in
    the
    baghouse.
    According
    to
    Price,
    the baghouse
    filter
    had
    to be replaced three or four times because of
    fire
    damage.
    (R.
    II.
    63—63).
    Price
    further
    stated
    that
    the
    baghouse
    was
    one
    of
    the
    problems
    which
    necessitated
    a
    change
    in
    the
    boiler
    system.
    He
    said
    that problems would
    have continued
    if
    the baghouse
    had not
    been
    changed.
    (R.II. 68—69).
    Exhibit
    18
    of
    PCB
    86—205
    is
    a
    report
    authored
    by
    Energy
    Resource
    Systems
    (ERS)
    which
    evaluated
    Schrock’s
    boiler
    system,
    as
    it
    existed
    prior
    to
    the
    changeover.
    The
    report
    is dated May
    7, 1985 and was basically
    a part of an ERS proposal
    to modify Schrock’s
    system.
    (R.II.85)
    In
    the
    report,
    ERS
    comments on the baghouse.
    Your
    present
    dust
    collector,
    according
    to
    the manufactures
    sic
    specifications
    is
    not
    large
    enough
    to
    provide
    a
    8,000,000
    BTU
    boiler
    output with the proper volume of air
    to
    control
    combustion
    chamber
    temperatures
    and
    maintain
    proper
    design
    velocities
    within
    the
    ductwork and the stack.
    (Exh.
    #18,
    p.
    3)
    ERS goes on
    to recommend that the baghouse be
    replaced by a new dust collector.
    The report
    also states:
    The
    Company
    ERS
    guarantees
    that
    the
    equipment
    covered
    by
    this
    Proposal,
    if
    installed
    and operated
    under
    the
    instructions
    of
    the
    Company,
    will
    meet
    the
    ordinance
    relating
    to
    air pollution,
    State
    of
    Illinois.
    (Exh.
    #18,
    p.
    3)
    This guarantee was
    to apply to the mechanical
    collector
    system,
    the
    multiclone,
    which was
    86—489

    4
    eventually
    installed
    by
    Schrock.
    (R.
    II.
    81).
    That system
    is
    now producing emissions
    that are not
    in compliance.
    It
    is Schrock’s
    position that pursuing
    a legal action against
    ERS
    for
    failure
    to
    live
    up
    to
    its guarantee
    would
    be
    economically
    undesirable.
    (R.
    II.
    83).
    (PCB
    86—205
    slip.
    op
    at
    3—4, October
    1,
    1987)
    Options for compliance with the limit of Section 212.204
    were also discussed
    in the variance proceeding:
    Mick
    Price,
    the
    plant
    manager
    for
    Schrock’s
    Arthur
    facility,
    testified
    at
    hearing
    that
    the Venturi
    scrubber,
    proposed
    as
    a
    part
    of
    Schrock’s
    compliance
    plan,
    would
    enable
    Schrock
    to
    burn
    sawdust
    and
    still
    achieve
    compliance with the 0.1 pount per million BTU
    standard.
    In addition,
    Price
    testified that
    a
    Venturi
    scrubber
    could
    be
    purchased,
    installed,
    and
    operational
    within
    21
    weeks
    after
    Schrock
    placed
    an
    order
    for
    the
    scrubber.
    CR.
    II.
    27—29).
    The-
    scrubber
    option
    would
    cost
    Schrock
    approximately
    $80,000.
    This
    cost
    estimate
    includes
    expenditures
    for
    the purchase,
    shipping,
    and
    installation of
    the scrubber.
    (R.
    II.
    43).
    Another
    compliance
    alternative
    for
    Schrock
    would
    be
    to
    burn
    oil
    or
    gas
    rather
    than
    sawdust.
    Mick Price testified
    that it would
    take
    less
    than
    30
    minutes
    to
    convert
    the
    boiler from sawdust
    to gas.
    However, he also
    states this option would result
    in “extremely
    high
    costs” due
    to
    the costs
    associated with
    the
    purchase
    of
    natural
    gas
    and
    the
    landfillirig
    of
    sawdust
    which
    would
    have
    otherwise been
    burned
    in the boiler.
    (R.
    II.
    29—30).
    Dean
    Baird,
    the
    Vice
    President
    and
    General
    Manager of Schrock, testified at the original
    hearing
    in
    this
    matter
    held
    on January
    22,
    1987.
    At
    that
    hearing,
    Baird
    gave
    some
    specific
    costs
    to
    burn
    oil
    or
    gas
    and
    landfill
    the
    sawdust.
    According
    to
    Baird,
    the annual cost to landfill the sawdust would
    run
    in
    the
    range
    of
    $50,000
    to
    $80,000
    per
    year.
    He stated that natural gas was cheaper
    to use than oil and that the annual cost
    to
    86—49 ()

    5
    use natural gas would amount to over $72,000.
    CR. 30—31).
    (PCB 86—205, slip op.
    at 2—3,
    October
    1,
    1987).
    At the regulatory hearing,
    Price testified that Schrock
    produces 2,385 lbs
    of sawdust per day.
    (R.
    23).
    He stated that
    if the sawdust had to be landfilled,
    it would cost Schrock $185
    per day.
    (R.
    28).
    According
    to Price,
    other technically feasible compliance
    alternatives, which Schrock had discussed with ERS,
    include an
    electrostatic precipitator and another baghouse.
    The cost of
    precipitators was estimated at $160,000.
    (R.
    26).
    While the
    baghouse would only cost $50,000,
    it was not recommended by ERS
    due
    to operational problems concerning fires and clogging.
    (R.
    26).
    At the regulatory hearing, Schrock first requested that the
    Board
    find Section 212.204 invalid as applied to Schrock.
    The
    Board notes
    that
    it addressed this issue
    in its March
    5,
    1987
    Opinion and Order
    and held that the emission limit
    of Section
    212.204 currently applies
    to Schrock’s boiler.
    (?CB 86—205,
    slip
    op.
    at
    7, March
    5,
    1987).
    In general, the Board does not grant site—specific relief
    from the requirements of a rule unless it
    is shown that
    compliance with that rule is technically infeasible or
    economically unreasonable.
    It
    is clear from the record that
    there are technically feasible methods by which Schrock can
    comply with Section 212.204.
    Therefore,
    the issue before the
    Board
    is whether the application of Section 212.204 to Schrock’s
    boiler would create an economically unreasonable situation.
    At hearing, counsel for Schrock argued,
    that
    in light of
    the
    environmental impact at issue,
    “the
    available feasible
    technology for complying with the Board’s rule
    is economically
    unreasonable.”
    CR. 10).
    Later,
    in response to a question concerning the impact on
    Schrock due to the cost of compliance, Schrock’s counsel stated:
    Schrock
    has
    taken
    the
    position
    in
    this
    proceeding
    that
    the
    cost
    for
    control
    is
    economically unreasonable
    on
    a
    cost per
    ton
    basis
    for
    a benefit to inferred basis.
    sic
    Schrock
    has
    not
    taken
    the
    position
    that
    installing
    the
    control
    equipment
    would
    imperil
    its financial situation.
    (R.
    32—33)
    86—49 1

    6
    On the other hand,
    the Agency opposes the granting
    of site—
    specific relief.
    According
    to the Agency,
    such relief would be
    improper, since non—compliance with the rule was the result of an
    intentional engineering change.
    (R.
    8).
    However, the Agency
    takes the position that Schrock’s current operation would not
    cause
    a violation of the ambient air quality standards for
    particulates.
    (R.
    31—32).
    While
    the Board understands that Schrock did not
    intentionally change
    its control technology in order
    to avoid
    compliance,
    the important fact for consideration is that Schrock
    is currently not in compliance with the limit of Section
    212.204.
    That
    is,
    it
    is irrelevant which person
    is at fault for
    Schrock’s noncompliance.
    The issue presently before the Board
    merely concerns the ability of Schrock to comply with the
    existing
    rule.
    It
    is also clear from the record that Schrock could utilize
    a wet scrubber to achieve compliance at
    a cost of approximately
    $80,000.
    The Board
    is not convinced that such a cost
    is
    economically unreasonable.
    Section
    8 of the Title
    II, Air Pollution,
    of the Illinois
    Environmental Protection Act
    (Act) states
    in part:
    It
    is
    the purpose
    of
    this
    Title
    to
    restore,
    maintain,
    and
    enhance
    the purity
    of
    the
    air
    of
    this
    State
    in
    order
    to
    protect
    health,
    welfare,
    property,
    and
    the
    quality
    of
    life
    and
    to
    assure
    that
    rio
    air
    contaminants
    are
    discharged
    into
    the atmosphere
    without being
    given
    the
    degree
    of
    treatment
    or
    control
    necessary
    to prevent pollution.
    Ill.
    Rev.
    Stat.
    1985,
    ch.
    ill
    ½
    par.
    1008.
    Section 10 of the Act provides:
    The
    Board
    pursuant
    to
    procedures prescribed
    in
    Title
    VII
    of
    this
    Act,
    may
    adopt
    regulations
    to
    promote
    the purposes
    of
    this
    Title.
    Without
    limiting
    the
    generality
    of
    this
    authority,
    such
    regulations
    may
    among
    other things prescribe:
    a)
    Ambient air quality standards specifying
    the
    maximum
    permissible
    short—term
    and
    long—term
    concentrations
    of
    various
    contaminants in the atmosphere.
    86—492

    7
    b)
    Emission
    standards
    specifying
    the
    maximum
    amounts
    or
    concentrations
    of
    various
    contaminants
    that
    may
    be
    discharged
    into the atmosphere;
    **
    *
    *
    Ill. Rev.
    Stat.
    1985,
    ch.
    111 1/2 ~
    p.
    1010.
    Consequently, the promulgation of
    emission limitations and
    air quality standards are two distinct methods by which
    the Board
    may act in order
    to “restore, maintain, and enhance the purity of
    the air” in Illinois.
    The numerical limits
    set by both emission
    limitations and ambient air quality standards represent
    benchmarks that must be
    reached in pursuing the goals
    of the
    Act.
    Compliance with one benchmark does not negate the necessity
    for compliance with the other;
    rather,
    both have individual worth
    in achieving and maintaining
    a high quality environment.
    Schrock’s plant is located
    in an attainment area.
    It also
    appears that its current emissions do not threaten that
    “attainment status”.
    But, that fact alone
    is not sufficient
    justification for granting regulatory relief.
    This insufficiency
    is still not overcome when one adds the factor
    that compliance
    would increase costs
    for Schrock.
    It
    is rare when environmental
    regulation does not increase the costs of the polluter.
    However,
    those costs justify relief only when they are found
    to
    be
    unreasonable.
    Such is not the case here.
    If the Board granted
    relief to Schrock in this instance,
    it
    would be establishing a precedent which could undermine the whole
    regulatory process.
    The implication would be that any source
    which would
    incur added expense,
    if forced
    to comply with the
    emission limits of
    a
    rule,
    would
    be entitled to relief merely
    upon the showing that its noncompliance would not cause
    a
    violation of an air quality standard.
    The
    result of such a
    policy would
    be a series of exemptions resulting
    in the increased
    degradation of air quality,
    since
    under this interpretation
    emission limitations would be viable only
    in instances where
    a
    source failed to show that an exemption would not lead to
    violation of air quality standards.
    Such
    a holding would clearly
    contravene the intent of the Act.
    Also,
    the closer
    the ambient air particulate levels approach
    the air quality standards,
    the more likely
    it is
    for
    a new source
    to cause
    a violation of the air quality standards.
    Therefore,
    the development of future industrial sources, which wish
    to
    utilize coal, sawdust,
    or wood as
    a fuel source, might be
    jeopardized by allowing an increase
    in particulate emissions from
    existing sources.
    86—493

    8
    At hearing, Mick Price testified that when the baghouse was
    utilized, Schrock received complaints regarding “soot deposited
    on the siding of houses and the neighborhood just across the
    railroad tracks.”
    (R.
    20).
    Even though the soot was the result
    of
    a malfunctioning baghouse,
    it
    is apparent that Schrock
    is
    situated such that its emissions can impact upon
    a nearby
    residential neighborhood.
    The Board
    is not convinced that
    Schrock should
    be allowed
    to permanently subject its neighbors to
    emissions which contain particulate levels that are more than
    double of what is normally allowed.
    Finally,
    the Board notes
    that
    in its Motion for Expedited
    Decision, which was granted on January 21,
    1988,
    Schrock
    reiterated
    its position, previously asserted
    in its April
    9,
    1987
    motion
    for reconsideration
    in PCB 86—205,
    that “it would need
    forty—six weeks
    for Schrock to bring its boiler into compliance
    should the Board deny the petition for site specific rule
    char-oe.”
    This statement
    is
    a direct contradiction to one which
    counsel
    for Schrock made at the variance hearing on July 30,
    1987:
    We
    anticipate
    that
    the
    Board will grant
    the
    site—specific
    rule change position, and once
    that
    is
    final,
    Schrock
    will
    then
    be
    in
    compliance with the rule as modified.
    If the
    Board
    does
    not,
    Schrock
    believes
    it
    can
    install
    a
    Venturi
    wet
    scrubber,
    as
    will
    be
    described by Mr.
    Price,
    within six months of
    the Board’s final
    decision denying
    the
    site—
    specific rule change.
    (fl.
    II.
    13)
    Also,
    testimony from Mick Price indicates that a scrubber
    could be purchased,
    installed and operational within
    21 weeks
    after Schrock placed an order for
    the scrubber.
    (R.
    II.
    28—29).
    Even though
    the Board
    is denying Schrock’s regulatory relief,
    the
    record indicates that Schrock can still achieve compliance with
    Section 212.204. prior
    to October
    1,
    1988, which
    is the date of
    expiration for Schrock’s variance.
    In summary,
    the Board
    finds
    that it
    is both technically
    feasible and economically reasonable
    for Schrock
    to comply with
    Section 212.204.
    As a result, Schrock’s petition for site
    specific relief
    is denied.
    ORDER
    The Petition for Establishment of
    a Site—Specific Limitation
    filed by Schrock/A Division of White Industries on April
    13,
    1987
    is hereby denied.
    86—494

    9
    Section
    41 of the Environmental Protection
    Act,
    Ill. Rev.
    Stat.
    1985 ch.
    ill 1/2
    par.
    1041, provides for appeal
    of final
    Orders of the Board within
    35 days.
    The Rules of the Supreme
    Court
    of Illinois establish filing requirements.
    IT
    IS SO ORDERED.
    I,
    Dorothy M. Gum, Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the ab~reOpinion and Order was
    adopted on
    the
    ~
    day of
    ________________,
    1988,
    by a vote
    Dorothy M.
    unn, Clerk
    Illinois Pollution Control Board
    86—495

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