ILLINOIS POLLUTION CONTROL BOARD
October 11, 1973
ENVIRONMENTAL
PROTECTION
AGENCY
COMPLAINANT
v.
)
PCB
72—139
NORGE, DIVISION OF FEDDERS, INC.
RESPONDENT
)
THOMAS J.
IMMEL,
ASSISTANT ATTORNEY GENERAL,
on
behalf
of the
ENVIRONMENTAL PROTECTION AGENCY;
JOSEPH
S.
WRIGHT,
JR., on behalf of NORGE.
OPINION
AND
ORDER OF THE BOARD
(by
Ivlr.
ilarder)
This is an enforcement action filed by the Environmental
Protection Agency against Norge,
Division of Fedders, Inc., on
April 5,
1972.
The complaint alleges violations
of the following:
A)
Section
9
(a)
of the Environmental Protection
Act
B)
Rule 2-2.53 of the Rules and Regulations
Gov~-
erning the Control of Air Pollution (hereinaft-
er Air Rules)
C)
Section 9
(B)
of the Environmental Protection
Act and Rule 3-2.100 of the Air Rules
D)
9
(C)
of the Environmental Protection Act and
Rule 502
(a)
of the
Air
Pollution Regulations
E)
Rule 3-3.122 of the Air Rules
On August
6,
1973,
a hearing was held at Marion,
Illinois.
At that time a stipulation was entered into by the respective par-
ties.
This case has been active for an inordinate period of time.
The case was filed on April
5,
1972, and finally came to hearing
on August
6, 1973.. .a period of sixteen months.
Difficulties in
arriving at a hearing date and technical difficulties in obtaining
permits caused much of the delay.
The main point all parties must
be concerned with is that
a stipulation entered into by the Agency
9— 431
—2
and a Respondent is not necessarily a prelude to favorable Board
decision.
In many cases the terms of a stipulation are enacted be-
fore the Board renders its decision.
Although this quick action on
the part of a Respondent is commendable in that, in most cases,
it
tends to abate pollution,
it should not be considered
a “final order.”
It is the responsibility of the parties concerned,
as well
as that
of the Board, to take action on
a case as soon as all the information
is available.
In the instant case the Board feels
that the steps taken under
stipulation to alleviate the aforementioned allegations, along with
the fine stipulated, will result in an equable settlement.
This
settlement will serve the dual purpose of insuring the area resi~
dents protection from pollution that they are guaranteed, while im-
posing on Norge a penalty for past infractions.
It is vital to mei~.-
tion that citizen complaints have diminished markedly as
a result of
steps already taken by Norge.
It is part of the record
(R.
6)
that
no citizens were present at the time of the hearings.
In regard to the various complaints brought against Norge, the
following actions have been stipulated or have occurred.
1.
Norge hadin operation on and before April
4,
1972,
dual
coal-fired boilers for its heating and process requirements.
These
boilers were the cause of part of the section
9
(a)
violation,
the
2.253 and the 3-3.122 violations.
No evidence was presented showing
calculated emission rates of Ringelmann results.
Testimony (Stipula-
tion
4) was entered as to citizen complaints and Agency observations
of dense smoke.
2.
Norge effected the installation of an over fire system on
the above boiler in September,
1971.
This installation was made
without an Agency permit, thus the violation of
9
(b)
and Rule
3—2.100.
This installation was made prior to this complaint.
Al-
though it is
a violation,
it was a show of good faith by Norge to
attempt to reduce its emissions before the onset of an Agency com-
plaint.
Even in the absence of a stipulation, the fine for this
offense would be minimum, if anything at all.
3.
Norge had on or before April
4,
1972, practiced open burn-
ing in violation of Section
9
(c)
and Rule 502
(a).
This procedure
was used to incinerate paint from used paint racks as a sort of sal-
vage operation.
4.
An additional allegation was fostered by storage
of hot
ashes outdoors to facilitate cooling.
In order to eliminate complaints and bring its facilities into
compliance with all applicable rules and regulations, Norge has ac-
complished the following:
9— 432
—3—
1.
Converted its dual coal-fired boilers to gas.
These boilers may also burn fuel oil
if required.
2.
Constructed and put into operation an incinerator
for its paint racks, with an afterburner and en-
closing building.
3.
The
practice
of
storing
hot
ash
outside
was
stopped, and now that gas is used as fuel this
will cease to be a
problem.
Two
other problems warrant discussion.
Norge
is presently utilizing a lacquer paint system.
These
hydrocarbon emissions are now governed by Rule 205
(f)
and 205
(f)
(2)
(d)
of the Air Rules.
Norge has committed itself to adherence
to said rules
(R.
10).
In fact,
Norge contemplates compliance well
ahead of the May 30,
1975, deadline.
Norge also maintains an old uncontrolled coal-fired boiler which
it wishes to use in the event its oil—fired boiler becomes inopera-
tive.
It will be part of this order that said boiler will not be
used unless proper relief is obtained from the Illinois Pollution
Control Board.
This Opinion constitutes the findings of fact and conclusions
of law of the Board.
ORDER
IT IS THE ORDER of the Pollution Control Board that:
1.
Norge, Division of Fedders, Inc.,
is found to be in viola-
tion of the sections and rules mentioned above.
Respondent
shall
pay
to
the
State
of
Illinois
the
sum
of
$2,000
within
35 days from the date of
this
Order.
Penalty
payment
by
certified check or money order payable to the State of
Illinois shall be made to:
Fiscal Services Division,
Ill-
inois Environmental Protection Agency, 2200 Churchill Road,
Springfield, Illinois 62706.
2.
Norge, Division of Fedders, Inc.,
shall submit reports at
60-day intervals,
commencing with the date of this order,
regarding its progress as to intended compliance with Rule
205
(f)
(2)
(d).
These reports will be pursuant to Norge’s
compliance
plan
and
project completion schedule previously
filed
with
the
Environmental
Protection
Agency.
3.
Norge, Division of Fedders, Inc.,
shall not operate its
uncontrolled coal-fired boiler unless proper relief is ob-
9
—
433
—4—
tamed
from the Illinois Pollution Control
Board or proper controls are instituted and ac-
cepted by the Environmental Protection Agency.
IT IS SO ORDERED.
I, Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board, certify that the above Opnon
and Order was adopted
by the Board on the
—-
~
day of
_______________,
1973, by
a
voteof
LI
to
c~
9—434