ILLINOIS POLLUTION CONTROL BOARD
    August 23, 1973
    OTTAWA SILICA COMPANY,
    AMERICAN DIVISION,
    Petitioner,
    vs.
    )
    PCB 73—222
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by Mr. Henss)
    Petitioner mines, dries and screens high quality silica
    near Utica in LaSalle County, Illinois. The finished product
    is utilized by manufacturers primarily for foundry sand. Eight
    men are employed at this site which has generated net annual
    profits of about $10,000 in recent years.
    The exhaust from the 60 ton per hour rotary drier passes
    through three parallel cyclones and then through a 40’ stack
    which vents to the atmosphere. A February 1973 stack test
    showed Petitioner’s particulate emissions to be 226 lbs. per
    hour. The allowable rate under Rule 3—3.111 of the Rules and
    Regulations Governing the Control of Air Pollution is 46.3 lbs.
    per hour. Since Ottawa Silica was not in compliance with particulate
    emission limitations on the effective date of the new Air Pollution
    Control Regulations, they will be required to comply with Rule
    203(a)
    which on December 31, 1973 limits particulate emissions from
    Petitioner’s process to about 22.6 lbs. per hour.
    Recognizing their obligation, Ottawa Silica requested and
    received Agency approval on April 30, 1973 for construction of
    control equipment for the particulate emissions from the rotary
    drier.
    After receipt of the EPA permit, events forced an alteration
    in the Company’s original plans. System modification reduced
    particulate emissions to about 40 of the level originally identified.
    A better constructed and lower maintenance scrubber was found. A
    major customer accounting for 30 of Petitioner’s annual sales was
    lost. In view of these developments, Petitioner filed a
    May
    25,
    1973 variance petition asking for relief from Rule 3-3.111 until
    November 30, 1973.
    9 —89
    —2—
    Petitioner estimates that delivery of the scrubber components
    will require at least 12 weeks and that construction and testing
    will require a minimum of 5 additional weeks. Although exact
    project cost figures were not made available, both parties indi-
    cated that the investment will be in the neighborhood of Petitioner’s
    annual net profit.
    The Agency is of the opinion that the proposed scrubber
    could bring Petitioner’s operation into compliance and recommends
    approval of the variance subject to certain conditions. We shall
    grant the variance subject to those conditions since we believe
    Petitioner has presented adequate proof of need for variance. To
    decide otherwise might cripple Petitioner financially.
    ORDER
    It is the Order of the Board that:
    The Ottawa Silica American Division near Utica,
    Illinois be granted a variance from Rule 3—3.111
    of the Rules and Regulations Governing the Control
    of Air Pollution until November 30, 1973 for the
    purpose of installing and testing a scrubber
    system designed to achieve compliance with Rule
    203(a) of the Air Pollution Control Regulations.
    The variance is subject to the following conditions:
    a. Petitioner shall apply for and obtain all
    necessary permits for the installation of
    the scrubber.
    b. Petitioner shall submit monthly progress
    reports to the Environmental Protection
    Agency. Said progress reports shall commence
    on September 24, 1973 and shall provide details
    of Petitioner’s progress toward completion of
    the scrubber installation program. The first
    progress report shall contain a schedule for
    installation of the scrubber system.
    c. Petitioner shall, by September 28, 1973, post
    a bond in the amount of $2,000 in a form
    acceptable to the Environmental Protection
    Agency, such bond to be forfeited in the
    event Petitioner fails to install and operate
    the scrubber. The bond shall be mailed to:
    Fiscal Services Division, Illinois EPA, 2200
    Churchill Road, Springfield, Illinois 62706.
    9
    —90
    —3—
    d. Within 30 days of the completion of the
    scrubber project, Petitioner shall have
    performed a stack test. Results of the
    stack test shall be submitted to the
    EPA as soon as they are available to
    Petitioner. Petitioner shall notify the
    Agency 5 days prior to the stack test
    indicating the time and place of said
    test and shall allow Agency personnel to
    observe said test if they so desire.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Order was adopted
    this I~J~
    day of August, 1973 by a vote of
    3
    to ~
    9—91

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