ILLINOIS POLLUTION CONTROL BOARD
March
11, 1992
IN THE MATTER OF:
)
)
ELIZABETH STREET FOUNDRY,
INC.
)
AS 91-5
PETITION FOR ADJUSTED. STANDARD
)
(Adjusted Standard)
35 Ill. Adm. Code 212.321
)
ORDER OF THE BOARD
(by J. Anderson):
On January 21,
1992, the Illinois Environmental Protection
Agency’s’ (Agency)
filed a motion to dismiss,
a motion to file
instanter, and an affidavit.
On February 3,
1992, Elizabeth
Street Foundry,
Inc.
(ESF)
filed its motion to strike the
Agency’s motion to dismiss.
The Board hereby grants the Agency’s
motion to file instanter.
In its motion to dismiss, the Agency requests the Board to
dismiss this adjusted standard proceeding for the reason that the
petition cannot be granted consistent with applicable federal
law.
The source,
the Agency argues,
is located in a non-
attainment area for the pollutant in question (particulate
matter).
Section 193 of the Clean Air Act Amendments
(42 USC
7515),
applicable to non-attainment areas,
prohibits modification
of any control requirement
in effect before November 15,
1990
“unless the modification -insures equivalent or greater emission
reductions of such air pollutant.”
The Agency argues that the
adjusted standard proposed by the petitioner would not meet that
standard.
The petitioner’s reply refers to previous filings
which demonstrate that the petitioner’s adjusted standard would
reduce emissions.
The Agency argues that its calculation shows
that this would not be true.
We find,
based upon the arguments and facts set forth in the
Agency’s motion to dismiss, that a question of fact exists as to
whether ESF’s proposed adjusted standard would ensure equivalent
or greater emission reductions of particulate matter as required
by Section 193 of the Clean Air Act.
Accordingly, the Board
authorize’s this matter for hearing to provide ESF with the
opportunity to specifically address the Agency’s data and
allegations.
At hearing we particularly request that the following be
addressed:
The applicable standard for ESF’s emissions is 35
Ill.
Adm.
Code 212.321.
ESF’s petition for Adjusted Standard claims that
under Section 212.321, the allowable particulate emissions are
1332 lbs.
of particulate during a two week period of operation.
The Agency, however, has asserted that the ESF’s allowable
emissions are arrived at incorrectly by not accounting for ESF’s
actual operation which
is stated to be once every other day.
Specifically, the Agency argues that using the actual hours of
13
1—57
2
operation and a
6 hour day
(6 x 14/2
=
42 hours)
results in an
allowable emissions under Section 212.321 of 155.4 pounds of
particulate.
ESF’s actual emissions during a similar 2-week
period is estimated to be 294.4 pounds.
Thus, this is the basis
for the Agency’s argument that ESF’s proposed Adjusted Standard
emission rate
is quantitatively higher than that allowed under
Section 212.321 and not lower as stated in ESF’s petition.
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Boar~hereby certif~thatthe above Order was adopted on the
1/
day of
_________________,
1992, by a vote 91~7
_____
(,Z
Dorothy M./~n, C~erk
Illinois 1(ojlution Control Board
131—58