ILLINOIS POLLUTION

CONTROL BOARD

September

30,

1971

AMERICAN DISTILLING CO.

v.

)

#

71—155

ENVIRONMENTAL

PROTECTION

AGENCY

Edward

S.

King,

f

or

American Distilling

Co.

John

McCreery,

for

the

Environmental

Protection

Agency

Opinion

of

the

Board

(by

Mr.

Currie):

American

Distilling manufactures

liquors

in

Pekin~

Its

Air

Contaminant

Emission

Reduction

Program

(Acerp)

was

approved

in 1969,

looking toward replacement of coal—fired with gas-fired boilers

by

1973.

After

our decision reauiring annual reassessment of

Acerps

(EPA v,

Commonwealth Edison Co.,

#

70—4,

Feb.

17,

1971),

the

comoanp

filed

a

variance

petition

seeking

confirmation

of

its

proqram

but

advancing

the

compliance

date

to

“late

l972~”

In

response

to

ate

Acency

S

recommendation

the

date

has

been

further

advanced

to

Junc

7972.

We

see

no

way

the

time

can

be

further

shortened,

and

a

shutdown

in

the

interim

would

cause

disproportionate

hardship.

We

will

grant

the

~raraance

Under

the

statute

security

for

performance

is

necessary,

and

we

shall

require

it.

But

the

Agenoy~s

request

for

a

money

ccriaity

as

~rist1

aced

The

company

has

not

only

adhered

to

its

approved

program;

it

has

accei.erated

:i t.

We

cannot

punish

people

for

coonlyinc

with

state-endorsed

programs

or

for

earlier

delays

that

have

been

foactaven

by

our

predecessor

agencies

-

E’?A

v.

B.

S

-

Bapian

Cc

-

I

~l--EW

(July

9,

1:971)

Maclust

Portland

Cement

Ce.

a

-

EPA~

I 7~1—27

(Feb.

17,

1971)

Than

opinion

constitutes

the

Board

s

iindanqs

of

fact

ani

COnClUSiOnS

of

law,

American

D~stil1inq

Cc.

IS

hereby

granted

a

varianoc

to

anita.

a

particulate

eminsions

from

3

cool—fired

boilers

at

its

Pchir~

facility

in

excess

of

regulation

licits

on~ii

June

IG

,

72t

sun

~ect

to

thc:

following

conditions:

1)

Bcnthily

progress

retorts

shall

be

:osbmittod

tc

cheAoncs~,

and

a

fall

corneliance

raport

shoT)

teanbmitted

an

born

the

Agency

and

the

Board

no

later

than

Aucrust

1,

1972

---

2)

Within

35 days after receipt of this order

the cdmpany shall

post with the Agency

a bond or other security in the amount of

$100,000 to assure compliance with

this order;

3)

The company shall not increase

the discharge of contaminants

over those emitted from the same boilers during the corresponding

period in 1970-71;

4)

No coal shall be burned after June

30,

1972;

5)

Failure

to adhere

to the conditions

of this order

shall be

grounds

for revocation of the variance.

I, Regina E.

Ryan,

Clerk of the Pollution Control Board,

certify

that

the

Board

adopted

the

above

Opinion

this_

30

day

of

Seutember

,

1971.

2