ILLINOIS POLLUTION CONTROL BOARD

December 6, 1989

MODERN FOUNDRY,

Petitioner,

v.

)

PCB 89—194

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD (by J. Marlin):

This matter comes before the Board on the December 4, 1989

recommendation filed by the Illinois Environmental Protection

Agency (Agency)

.

The Ager~y recommends that the Board grant

Modern Foundry a provisional variance from October 20 to October

30, 1989 from 35 Ill. Adm. Code 201.149, 211.123, and 212.456 and

from conditions or restrictions on Operating Permit no. 72111179,

to extent such a variance would allow Modern Foundry to operate

without ccontrols. The Agency maintains that Modern Foundry

would suffer arbitrary and unreasonable hardship if denied this

relief. The Agency does not recommend that the Board grant a

variance from Sectiors 9(a) and 9(b) of the Environmental

Protection Act, Ill. Rev. Stat. oh. l1l~,par. 1009(a) and

1009(b), (Act) and 35 Ill. Adm. Code 201.141, asserting that such

a relief is unnecessary.

Modern Toundry operates a small grey iron foundry at

Mascoutah, in St. Clair County. On October 1, 1989 the fan on

the cupola exhaust gas scrubber failed, so exha~ist gasses could

not be drawn through the venturi scrubber to control emissions.

Modern Foundry notified the Agency of the failure on October 20

and submitted an application for a provisional variance on

October 30. Modern Foundry operated the cupola without controls

for three hours a day for seven days during the breakdown.

Modern Foundry replaced the fan on October 30, and its scrubber

returned to operation.

The Agency recommends that the Board grant the provi8icnal

variance with two conditions. The second condition is that

Modern Foundry execute a certificate of acceptance. Although the

Board does not normally require such certification for

provisional vaiiances, the Board includes tnis condition because

the Agency has requested it. The Board has split a part of the

second Agency—recommended condition into a third condition in its

Order. Further, the Board does not grant variances from permits,

so it will not do so in this matter. The Board directs the

1(~U~--63

---

—2—

Agency Lu 35 III. Adm. Code 309.111 for permit modification

consistent with the Order.

ORDER

The Board hereby grants Modern Foundry a provisional

variance from 3~ Ill. Adm. Code 201.149, 22.l23, and 212.456 and

from the relevan conditions of Operating Permit No. 72111179

from October 20, 1969 to October 30, 1989, subject to rh?

followina ronditions:

1. Modern Toundry shall not operate its cupola on Saturdays

or Sundays during the term of the variance; and

2. Modern Foundry shall, within tend days of the date of

this Order, execute and forward to

James J. O’Donnell

Enforcement Programs

Illinois Environmental Protection Agency

2200 Churchill Road

Post Office Box 12976

Springfield, IL 62794—9276

a certificate of acceptance in the following form:

CERT: FICATION

I, (We),

hereby

accept and agree to be bound by all terms and conditions of the

Order of the Pollution Control Board in PCB 89—194, December 6,

1989.

Petitioner

Authorized Agent

Title

Date

1()A-6L~

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—3—

3. This provisional

variance shall not become effective

until after Modern Foundry has executed and forwarded the

certificate of acceptance as required above.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board,1j~r~ebycertify t t the above Order was adopted on

the

~

day of __________________________, 1989, by a

vote of

________

.

111mb

ution Control Board