ILLINOIS POLLUTION CONTROL BOARD
    May 3,
    1973
    ENVIRONMENThL
    PROTECTION
    AGENCY
    #71-386
    V.
    MONARCH
    FOUNDRY
    COMPANY,
    an
    Illinois
    corporation
    MONARCH
    FOUNDRY COMPANY, an
    Illinois
    corporation
    #72—386
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    RICHARD
    W.
    COSBY,
    ASSISTANT
    ATIORNEY GENERAL,
    APPEARED
    ON
    BEHALF
    OF
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    DALE
    FLANDERS
    APPEARED
    ON
    BEHALF
    OF
    MONARCH
    FOUNDRY
    COMPANY
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (BY
    SAMUEL
    T.
    LAWTON,
    JR.):
    Complaint
    was filed against Monarch Foundry CornDany,
    located
    in
    Piano,
    Illinois,
    alleging
    that between July
    1,
    1970
    and
    the
    close
    of
    the
    record,
    Ièspondent~s
    operation
    of
    its
    gray
    iron
    cupola
    caused
    emissions
    so
    as
    to
    create
    air
    ooilution,
    in
    violation
    of
    Section
    9(a)
    of
    the
    Environmental
    Protection
    Act
    and
    emitted
    particulates
    into
    the
    air
    in
    violation
    of
    Rules
    2-2.54
    and
    3-3.111
    of
    the
    Rules
    and
    Regulations
    Governing
    the
    Control
    of
    Air
    Pollution,
    and
    that
    Respon-
    dent
    installed
    certain
    equipment
    without
    a
    permit,
    thereby
    violating
    Section
    9(b)
    of
    the Act
    and Rule 3-2.110 of said Rules.
    On August 15,
    1972, an amended complaint was filed which did not
    reallege the air pollution violation under Section 9(a)
    of
    the Act
    but
    reasserted
    violation
    of
    Rules
    2-2,54,
    3—3.111,
    3—2.110
    and
    Sec-
    Lion
    9(b)
    of
    the Act.
    The entry of a cease and desist order and penal-
    ties in the maximum statutory amount are sought.
    Respondent filed an answer denying violation of the particulate
    emission Rules, admitting the installation of
    the equipment without
    permit, but contending that it was done pursuant to
    a program approved
    by the Illinois Air Pollution Control Board and that application for
    permit after installation was sought and denied by the Environmental
    Protection Agency.
    7
    653

    A petition for variance was filed and subsequent thereto, an
    amended petition for variance.
    However,
    in view of our finding
    that the operation
    is presently
    in compliance,
    the variance is
    accordingly dismissed as moot and it will not be discussed in this
    Opinion.
    Respondent’s operation produces iron castings from raw material
    including steel scrap,
    pig iron,
    scrap castings, limestone and coke.
    The cupola in which the melting process
    takes place
    is equipped
    with an after burner and a wet cap.
    The Agency’s case is based upon
    the employment of particulate emission factors
    found in ~ble
    7-10
    of AP-42.
    On the basis of
    a metal charging rate of 8.5 tons per
    hour and an emission factor of
    8 pounds per ton of metal charged,
    the Agency calculated emissions from the cupola of
    68 pounds per hour
    against an allowable emission rate found in Rule 3-3.111 of 19.2
    pounds per hour
    (Environmental Protection Agency Exhibit 2).
    On
    the basis of the foregoing computations, a violation would be ~hund.
    The first issue to be resolved is which Regulation applies
    to
    the present proceeding.
    Respondent contended that Rule 2-2.54 with
    respect to existing small foundries
    (under 20,000 pounds per hour)
    was applicable, whereas the Agency charged the violation of Rule
    3-3.111.
    At a process weight rate of approximately
    10
    tons per hour
    (R.
    61),
    the cupola is small enough to be covered by Rule 2-2.54.
    The original size 7 cupola,
    in all probability,
    exi9ted at that
    time.
    However,
    in September,
    1971,
    a new Size 9—1/2 cupola was installed
    which would not be covered by Rule 2-2.54.
    By either Rule,
    the maximum
    emission rate of particulates for a process weight rate of
    10
    tons
    per hour would be 25.1 pounds per hour, which on the basis of the
    Agency’s computation, would
    be’ exceeded by approximately
    33 pounds
    per hour.
    The new cupola with wet cap and after burner was installed
    in September of 1971
    (R. 141) and would not be covered by Rule 2-2.54.
    In January of 1972, Respondent installed additional after burners
    and made modifications of the wet cap and increased its water pressure
    so that a higher degree of efficiency was created subsequent to that
    date.
    Respondent argues that the enactment of the new Air Pollution
    Control Regulations effective April
    14,
    1972, deferring compliance
    to
    December of 1973, constitutes a repeal of
    the earlier enacted Air
    Pollution Regulations, under which Respondent is charged in this
    proceeding and that as a consequence, Respondent’s operation
    is
    subject only
    to Section 9(a)
    of
    the Environmental Protection Act
    which prohibits air pollution as
    therein defined.
    Respondent’s
    contention in this respect is wholly lacking in merit.
    Rule 114
    of
    the Air Pollution Control Regulations provides as
    follows
    7
    654

    “REPEALER.
    Each provision of the Rules and Regulations Governing the Control
    of Air Pollution,
    as amended August 19,
    1969, applying to an emission
    source shall remain in full force and effect unless and until such
    source is required to comply with a corresponding provision of this
    Chapter.”
    It is clear that Respondent is obliged to comply with the earlier
    Rules
    to the extent applicable until the new Rules become operative.
    Respondent attempts to rebut the Agency’s establishment of violation
    based on standard emission factors by contending that its abatement
    system was efficient enough to result in compliance.
    The Agency’s
    calculations indicated an efficiency of 87
    would be required using
    emission factors from AP-42
    (R.
    114).
    Respondent offered evidence
    over objection of the Agency of a stack test of a Modern Equipment
    Company wet cap,
    the same brand but a different model as that used
    by Monarch, demonstrating particulate collection efficiencies on two
    tests of 88.6
    and 96.3
    tRespondent’s Exhibit 9).
    This
    was offered
    as proof that the collection efficiency exceeded both the 80
    guaranteed
    by the manufacturer
    (R.
    164) and the 87
    which the Agency asserted would
    be needed for compliance.
    Even higher collection efficiency results would
    be obtained if an after burner were used, according to Modern (Respon-
    dent’s Exhibit
    9).
    In addition,
    the respondent claims that with an
    oversized wet cap,,additional afterburners and increased water pressure,
    the wet cap would be operating at a higher efficiency than
    the
    80.
    guaranteed by Modern Equipment Company.
    Table 7-10 of AP-42 appears
    to be premised on a collection efficiency of approximately 50,
    if
    a
    wet
    cap
    is
    attached
    to
    the
    cupola.
    The
    evidence
    of
    the
    presence
    of
    the
    additional
    after
    burners,
    the
    increase
    in
    water pressure and the oversizing
    of
    the
    wet
    cap
    indicate
    collection efficiencies far greater than the
    50
    on
    which
    the
    emission
    factors appear to be premised.
    Accordingly, we find that lacking an affirmative showing to the
    contrary, Respondent’s
    submissions are adequate to rebut a showing
    of violation at the present time.
    We hold that this absence of demon-
    strated violation would be effective from January 24,
    1972.
    However, we
    do not feel the evidence is adequate to negate the showing of violation
    alleged to have occurred prior to this date and hold that prior to the
    improvements of January
    24,
    1972,
    Respondent has not rebutted the showing
    of
    violation
    based
    on
    the
    computations
    using
    standard
    emission
    factors.
    ~ssuming
    that
    Rule
    2-2.54
    was
    applicable
    prior
    to
    the
    installation
    of
    the
    new
    Size
    9-1/2
    cupola
    installed
    on
    September
    1,
    1971, we find Respondent
    bo
    have
    violated
    this
    Rule
    between
    July
    1,
    1970
    and
    September
    1,
    1971.
    3ince
    the
    installation
    of
    the
    new
    Size
    9-1/2
    cupola
    constituted
    iew equipment, we find Respondent to have been in violation of
    ~ule 3—3.111 between September
    1,
    1971 and January 24,
    1972,
    —3—
    7
    655

    when improvements were made which we feel adequate to rebut the show-
    ing of violation based on standard emission factors.
    We also find that
    Respondent has violated Rule 3-2.110 and Section 9(b)
    of the Act in
    installing the new cupola, wet cap and after burner without necessary
    permits.
    Respondent received approval of an Acerp program from the Air Pollu-
    tion
    Control
    Board
    in
    1969.
    Section
    2-2.54
    of
    the
    Rules
    and
    Regulations
    Governing
    the
    Control
    of
    Air
    Pollution
    provide
    that
    “when
    an
    emission
    reduction program has been approved, the person receiving the approval
    shall
    not
    be
    in
    violation
    of this section, provided that the
    improvement
    program
    is
    being
    implemented.”
    Inherent
    in
    implementation
    of
    the
    program
    is the obtaining of the necessary permits to achieve
    it.
    We do not
    accept Respondent’s bootstrap reasoning that the Acerp approval exonerates
    it
    from compliance with the permit provisions.
    It should also be noted
    that the term “this section” could only be applicable to Section
    2 of
    Chapter
    2 of the Air Rules whereas the permit
    procedures
    are
    found
    in
    Section
    2 of Chapter
    3 of
    the
    Air Rules.
    Respondent
    admits that it
    made the installation without the necessary permits and that once permit
    application was filed,
    it was denied by the Environmental Protection
    Agency,
    the successor to the Air Pollution Control Board,
    (R.
    118, EPA
    Ex.
    1,
    R.
    156).
    Monarch next contends that notwithstanding its failure to obtain
    permits,
    it
    embarked on a program which was superior to that which had
    been previously employed, by the expansion of the afterburners, the
    screening
    of
    coke
    and
    limestone
    and
    the
    increase
    in
    water
    pressure
    supplied to the wet cap (R.
    141,
    R.
    179).
    As noted, the new cupola
    with its after burner, was not in operation until September,
    1971
    (R.14l),
    and the improvements
    in the increased after burner size and wet cap modi-
    fication were completed on January 24,
    1972,
    All of these installations
    appear to have been made either without permit being sought or subsequent
    to permit denial.
    Accordingly,
    we’ find Respondent to have violated
    Rule 3-2.110 of the Rules and Section 9(b)
    of the Act,
    In view of
    our
    finding that no present violation has been established by the proofs,
    Respondent’s petition for variance is dismissed as moot.
    Our decision,
    however, does not foreclose the Agency from taking such other and furbher
    steps as
    it may deem appropriate to establish the violation in a future
    proceeding, nor is Respondent foreclosed from seeking a variance under
    such circumstances
    it deems appropriate.
    Our holding in this proceeding
    is only that no violation has beendemonstrated subsequent to January
    24,,
    1972, and, accordingly,
    no need for a variance is manifest.
    The evidence does support the Agency’s
    contention
    that violations
    of the Air Rules took place between July
    1, 1970 and January
    24, 1972
    and that Respondent has violated the relevant Regulations and statutory
    provisions with respect to obtaining permits for installation of
    equipment.
    In view of Respondent’s financial condition, together
    —4—
    1
    656

    ~‘ithits good faith efforts in obtaining compliance, coupled with
    ibsence of,any testimony indicating any adverse impact on the neigh-
    oorhood, we are disposed to assess a nominal penalty, which will be
    in the amount of $1,000.
    We note that Respondent has made a signi-
    ficant effort to achieve compliance with the relevant Regulations,
    for which we give recognition.
    This opinion constitutes the findings of fact and conclusions
    of law of the Board.
    IT IS THE ORDER of the Pollution Control Board that penalty in the
    amount of $1,000 is assessed against Monarch Foundry Company for violation
    of Rules 2-2.54 and 3-3.111 and 3-2.110 of the Rules and Regulations
    Governing the Control of Air Pollution and Section 9(b)tof the Environ-
    mental Protection Act as found in this Opinion.
    Monarc~iFoundry Company
    shall pay to the State of Illinois by May 22,
    1973,
    the aforesaid
    sum,
    by certified check or money order payable to the State o~Illinois
    and shall be sent to:
    Fiscal Services Division,
    Illinois, Environmental
    Protection Agency,
    2200 Churchill Drive, Springfield,
    Illinois 62706.
    I,
    Christan
    Moffett,
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    Board,
    certify
    that
    the
    above
    Opinion
    and
    Order
    was
    adopted on the
    .3
    R~
    ‘3
    day
    of
    May
    1973,
    by
    a
    vote
    of
    4
    to
    c
    WLA4~P
    7
    657

    S
    I

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