ILLINOIS POLLUTION CONTROL BOARD
    August 5, 1976
    LINDBERG CORPORATION,
    Petitioner,
    v.
    )
    PCB 76—91
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by Mr. Goodman):
    On April 2, 1976, Petitioner Lindberg Corporation (Lindberg)
    filed a variance petition before the Pollution Control Board
    (Board) requesting variance
    from
    Rules 103(b) and 203(a) of the
    Air Pollution Regulations (Chapter 2). On May 4, 1976, Lindberg
    submitted an amended petition in response to an Interim Order of
    the Board. The Environmental Protection Agency filed its
    recommendation on July 20, 1976. Lindberg has filed a waiver of
    the 90—day rule until August 12, 1976. No hearing has been held
    in this matter.
    Lindberg operates a facility in Melrose Park which heat
    treats a wide variety of metal items per customer specifications.
    Lindberg’s operations include a salt heat treating operation con-
    sisting of three lines. Lindberg is requesting variance from the
    permit requirement of Rule 103(b) and the particulate emission
    limitation of Rule 203(a) of Chapter 2 for its salt heat treating
    operation.
    Stack tests conducted for Lindberg by National Loss Control
    Service Corporation in November 1975 indicate the following average
    emission rates from the three lines:
    neutral salt lines
    2.04 lb./hr.
    cyanide salt line
    0.95 lb./hr.
    Tufftride line
    0.78 lb./hr.
    Total
    3.77 lb./hr.
    Rule 203(a) of Chapter 2 limits emissions from the salt heat
    treating operation to 0.55 lb./hr. Lindberg’s plan for achieving
    compliance is two-fold. Lindberg is currently evaluating a proto-
    type Universal Oil Products multiclone system which has been in—
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    —2—
    stalled. If the niulticlone achieves 85 compliance efficiency,
    an order will immediately be placed for a permanent installation,
    with final compliance scheduled for September, 1977. If, however,
    the test results of the multiclone are not favorable, Lindberg
    will then install a prototype Flex-Kleen dust collector utilizing
    bag filters. Assuming that the dust collector is found to be ac-
    ceptable, a permanent dust collector would be installed by February,
    1978.
    As an interim measure, Lindberg indicates it will keep par-
    ticulate emissions at the lowest possible levels by maintaining a
    graphite layer on the cyanide salt pots to blanket particulate
    emissions. When quenching Tufftride loads, Lindberg will attempt
    to air quench the work before water quenching, which will
    reduce particulate drive—off. Lindberg also intends to pre-
    clean work whenever possible to reduce oil burn-off during
    preheat cycles.
    Lindberg’s facility is located in a highly industrialized
    area. The nearest residences are located approximately one—half
    mile to the south. The total suspended particulates in the
    vicinity are below the primary ambient air quality standard of
    75 ug/m3, as indicated by the following 1975 air quality data
    for the nearest
    testing
    stations:
    Annual
    Station
    Distance
    Direction
    Geo. Mean
    Franklin Park
    4 miles
    North
    70 ug/m3
    River Forest
    2 miles
    East
    67 ug/m3
    Hillside
    3 miles
    Southwest
    68 ug/m3
    Apparently, Lindberg’s delay in compliance is due to technical
    difficulties it has faced. The Agency recommendation indicates
    that Lindberg’s operation was previously controlled by a scrubber,
    but the scrubber had to be discontinued due to contamination of
    the scrubber effluent with cyanide.
    The Board agrees with the Agency’s conclusion that, due to the
    technical difficulties Lindberg has faced and the solution it has
    now seemingly reached, denial of the variance from Rule 203(a) would
    constitute an arbitrary and unreasonable hardship.
    Lindberg requests variance through March, 1978. However,
    the variance will only be granted until September 1, 1977
    -
    the
    date that the first alternate control program is due to be com-
    pleted. If Lindberg finds that it must utilize the second alter-
    nate control program, it can then petition the Board for an extension
    of the variance granted herein.
    23
    — 238

    —3—
    The Board denies Lindberg’s request for variance from the
    operating permit requirement of Rule 103(b). Rule 103(b) (6) (a)
    specifically provides for the granting of a permit to applicants
    who have received a variance from the Board. Lindberg is hereby
    granted variance from Rule 203(a) until September 1, 1977.
    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) Petitioner Lindberg Corporation is hereby denied variance
    from Rule 103(b) of Chapter 2.
    2) Petitioner is hereby granted variance from Rule 203(a)
    of Chapter 2 until September 1, 1977, subject to the
    following conditions:
    a) Within 14 days of this Order and monthly before
    the 15th day of each month thereafter, Petitioner
    shall submit written reports to the Agency de-
    tailing all progress made toward final compliance
    with Rule 203(a) of Chapter 2. Said reports shall
    be sent to:
    ENVIRONMENTAL PROTECTION AGENCY
    Division of Air Pollution Control
    Control Program Coordinator
    2200 Churchill Road
    Springfield, Illinois 62706
    b) Within 120 days of this Order Petitioner
    shall obtain all necessary construction
    permits for control equipment and all necessary
    operating permits for the salt heat treating
    lines and associated control equipment.
    c) Within 35 days of the installation of the
    control equipment, Petitioner shall have a
    stack test conducted in accordance with U.S. EPA
    Method 5 (State of Illinois Stack Sampling Memo,
    filed with the Secretary of State, July 1, 1975),
    by an Agency approved independent testing
    company. Petitioner shall notify the Agency
    in writing at least 7 days prior to the test-
    ing and shall allow Agency personnel to witness
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    —4—
    all tests and review all results. Written noti-
    fication shall be made to:
    ENVIRONMENTAL PROTECTION AGENCY
    Division of Air Pollution Control
    Field Operations Section
    1701 South First Avenue
    Maywood, Illinois 60153
    d) During the period of the variance, Petitioner shall
    adhere to its project completion schedule as specified
    in its original Petition for Variance, dated March 30,
    1976, which is incorporated by reference as if
    fully set forth herein, and shall follow all interim
    measures specified in the variance petition.
    f) Within 35 days of this Order Petitioner shall
    execute and forward to the Control Program
    Coordinator, a Certification of Acceptance and
    agreement to be bound to all terms and conditions
    of the variance. The form of said Certification
    shall be as follows:
    CERTIFICATION
    I (We), ______________________________ having read
    and fully understanding the Order of the Illinois
    Pollution Control Board in PCB 76-91 hereby accept
    said Order and agree to be hound by all of the terms
    and conditions thereof.
    Signed by
    _____________________
    Title
    _______________________
    Date
    _________________________
    The Certification shall be sent to the address
    specified in paragraph 2(a)
    ,
    supra.
    Mr. Dumelle Dissented.
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    —5—
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Order were adopted on the
    ~
    day of August, 1976 by a vote of
    4 -i
    Illinois Pollution Cont
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