ILLINOIS POLLUTION CONTROL BOARD
April 17, 1973
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 72—470
CHICAGO MAGNESIUM CASTINGS COMPANY,
Respondent.
James
I.Rubin, Assistant Attorney General, on behalf of
Environmental Protection Agency;
George P. Sullivan, on behalf of Chicago Magnesium Castings.
Company.
OPINION AND ORDER OF THE BOARD (by Mr. Seaman):
By complaint filed on December 1, 1972, the Environmental
Protection Agency (“Agency”) charged Chicago Magnesium Casting
Company (“Chicago Magnesium”) with violation of Section 9(a)
of the Environmental Protection Act (Ill. Rev. Stat., Ch.
111-1/2, ~ 1009(a)). Specifically, Chicago Magnesium is charged
with causing and allowing the emission of contaminants (noxious
and objectionable gaseous agents) into the ambient air in
sufficient quantities and of such characteristics and duration
as to unreasonably interfere with the enjoyment of life and
property.
This action comes before the Board on an Agreed Statement
of Facts.
Chicago Magnesium Casting Company owns and operates a
facility for the manufacture of castings, primarily of magnesium
alloys at 14100 South Seeley, Blue Island, Illinois. Among the
manufacturing operations conducted at Chicago Magnesium is
the pouring of molten magnesium alloys into molds. The manu-
facture of magnesium alloys often results in air pollution
emission problems during the pouring operations.
The standard operating practice in a sand foundry for
magnesium base alloys is to prepare the molten metal, to use
sulphur dioxide (SO2) gas or a dusting of sulphur (S) powder at
the pouring station and finally to protect the molten metal in
the mold by S admixed with the sand. These various agents are
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objectionable because they can be a source of atmospheric
pollution.
On July 6, 1970, Messrs. Steven Rosenthal and Maxim Rice,
engineers of the Agency investigated a complaint of odors in
the vicinity of Chicago Magnesium. At this time, one Mrs.
William Kempher complained to the Agency investigators of a
“sulphurous, burning and rotton odor that could make one
nauseous.” At this time, according to the Agreed Statement
of Facts, Mr. Donald Burnett, President of Chicago Magnesium,
explained to the Agency investigators that some sulphur (about
1) is in the sand used in the molds. He admitted that some
of this sulphur can escape into the atmosphere during the
pouring processes. At that meeting, Burnett informed the
Agency that Chicago Magnesium was aware of the odor problem and
had been working with the Cook County Air Pollution Control
Bureau in an effort to control the suiphurous emissions.
Chicago Magnesium had conducted air sampling studies in the
vicinity of the plant and had attempted odor masking to abate
the odors. Burnett also indicated that he was cooperating
with the owner of a nearby mobile home trailer court through
an agreement to shut down operations at Chicago Magnesium when
the odors became objectionable at the trailer court.
On January 24, 1972, Mr. Steven Rosenthal and Mr. Timothy
Aritonoplos of the Agency again visited Chicago Magnesium.
During this visit, according to the Agreed Statement of Facts,
Mr. Calvin Trock, Superintendent of manufacturing operations at
Chicago Magnesium, admitted that sulphurous odors do occur and
are emitted during pouring operations.
During this visit, the Agency investigators detected a
strong, smoky odor approximately 100 yards downwind of Chicago
Magnesium. They also observed the haze coming from the West
exhaust fan on Chicago Magnesium and drifting toward th~ trailer
court which stands approximately 400 feet to the north~ During
this visit, the Agency investigators interviewed several residents
of the nearby trailer court. According to the Agreed Statement
of Facts, a number of the residents complained of strong odors
from Chicago Magnesium.
In June, 1972, Mr. Burnett attended a seminar which was
addressed by Doctor J. D. Hanawalt, Professor of Metallurgical
Engineering at the University of Michigan. At that seminar,
Dr. Hanawalt described his on—going research into the use of
sulphur hexafluoride (SF6) to replace the use of sulphur as an
inhibitor for molten magnesium. Dr. Hanawalt’s paper submitted
at the seminar described the intent of his study as the elimina-
tion of the necessity
for
the S agent in the sand. Subsequent
to the seminar, Mr. Burnett personally discussed with Dr.
Hanawalt the introduction of SF6 to replace S in the production
processes at Chicago Magnesium.
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In July, 1972, according to the Agreed Statement of Facts,
Chicago Magnesium initiated the use of SF6 and abandoned the
use of S as an agent in its process. Since that~date, Chicago
Magnesium has not received any complaints from the owner or
the residents of the nearby trailer court regarding odorous
emissions from Chicago Magnesium. To introduce SF6 and replace
S as an agent has cost Chicago Magnesium approximately $3,500.
On December 1, 1972, the Agency filed a complaint against
Chicago Magnesium alleging a violation of Section 9(a) of the
Environmental Protection Act. On February 6, 1973, Mr. Steven
Rosenthal of the Agency again visited the Chicago Magnesium
plant and premises. He noted, according to the Agreed
Statement of Facts, that sulphur emissions had been effectively
abated from the Chicago Magnesium processes. Nor, upon inquiry,
did he receive any complaints from the residents of the trailer
court. In addition, the residents of the nearby trailer court
had no complaints as to the operations of Chicago Magnesium
since July, 1972. Chicago Magnesium has begun filing the appro-
priate applications in order to obtain an Operating Permit for
its facility in Blue Island. These Permit Applications are
presently being subjected to the Agency review procedures.
According to the Agreed Statement of Facts, if Steven 3.
Rosenthal testified, he would state as follows:
a) that he is an engineer employed by the Environmental
Protection Agency;
b) that he had detected strong odors emanating from
Chicago Magnesium during both his original visits
but that on February 6, 1973, the odors had been
effectively abated;
c) that prior to utilization of SF6, there was no
reasonable means for controlling SO2 emissions
from magnesium foundries.
Chicago Magnesium has stipulated its intention to continue
the use of SF6 rather than S as an agent in its production
processes. Chicago Magnesium further stipulates that it will
neither abandon the use of SF6 nor reinstate the use of S as an
agent without obtaining an appropriate Operating Permit from the
Agency.
We find from the evidence that Chicago Magnesium has violated
Section 9(a) of the Environmental Protection Act. We also find,
however, that Respondent has made significant efforts to improve
the situation and therefore a penalty of $1,000 would be appro-
priate.
This
opinion constitutes the findings of fact and conclusions
of law of the Board.
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ORDER
IT IS THE
ORDER
of the Pollution Control Board that:
1. Respondent shall cease and desist from all violations
found in this opinion.
2. Respondent shall continue and adhere to its remedial
program as set forth in this opinion and the Agreed Statement
of Facts.
3. Respondent shall pay to the State of Illinois by
May 20, 1972 the sum of $1,000. Penalty payment by certified
check or money order payable to the State of Illinois shall be
made to: Fiscal Services Division, Illinois Environmental
Protection Agency, 2200 Churchill Road, Springfield, Illinois
62706.
4. Respondent shall, within 60 days, obtain the
appropriate operating permit for its facility in Blue Island,
Illinois.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, certify that ~he above Opinion nd Order was adopted by
the Board on the
1T’~’
day of
___________________,
1973, by a
voteof
‘3
to C)
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