ILLINOIS POLLUTION CONTROL BOARD

January

23,

1975

MISSOURI PORTLAND CEMENT COMPANY,

Petitioner,

vs.

)

PCB 74—407

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION

AND

ORDER

OF

THE

BOARD

(by

Mr.

Henss)

On

January

9,

1975

the

Board

granted

Petitioner

an

Interim

Extension

of

Variance

to

and

including

January

31, 1975 so that

Petitioner could continue operations pending receipt of the

Agency Recommendation and Board consideration of

the merits of

a requested three month variance extension.

Variance from Rules 203(b)

and 203(d) (3) of

the Air Pollution

Control Regulations was originally granted Missouri Portland on

June

6,

1974 in PCB 73-480.

This variance was granted for the

purpose of allowing Petitioner sufficient time to complete in-

stallation and testing of an electrostatic precipitator on kiln

~l

at Petitioner’s Joppa, Illinois cement manufacturing plant.

Missouri Portland now seeks a three month extension of

variance in order to complete the electrostatic precipitator

project.

Bruce Kester, Petitioner’s Vice President-Environmental

Systems, submitted an affidavit showing that installation of the

electrostatic precipitator has been delayed beyond the direction

and control of Missouri Portland by the following events:

a)

The

precipitator parts were not delivered until

late July,

1974.

To accelerate completion, Missouri

Portland Cement Company caused assembly to begin

at ground level in August of

1974, because certain

essential structural st~elwas not delivered on

schedule.

b) The structural steel was not received until

August,

1974.

Erection of the structure began

immediately and is still in progress.

c) The necessary duct work components could not

be delivered before late December,

1974 and

installation, therefore,

could not be started

before January of 1975.

15 —325

---

—2—

d) The fan and drive component for the precipitator

cannot be delivered before

February.

This

installation

will,

therefore,

be delayed until March of 1975 with

completion scheduled for April,

1975.

e)

The dust screws for the precipitator could not be

delivered until January,

1975, and installation cannot

be completed before April

1,

1975.

f)

The electrical equipment and supplies could not be

delivered until late October or November,

1974 and in-

stallation cannot be completed before March,

1975.

Petitioner has kept the Agency advised of progress and delays

throughout the term of the original variance.

Kester states that

Petitioner has taken all steps possible to accelerate installation

compatible with the late delivery schedules.

If no further delays

are experienced, Petitioner will shut down kiln #1 on March

1,

1975

and complete installation of the electrostatic precipitator before

restarting kiln

1f1.

During proceedings on the original variance,

a number of

Petitioner’s neighbors complained strongly about emissions from

the plant.

Agency interviews

relative tothe instant case indicate

that conditions have not changed as far as

these citizens are con-

cerned.

However,

the Agency believes that the impact upon these

citizens because of Petitioner’s emissions will be reduced once

the electrostatic precipitator is in operation.

Although the Agency recognizes that delay in completion of

the project is beyond the control of Petitioner,

they believe that

the time requested by Petitioner is excessive.

It is

the Agency’s

opinion that Missouri Portland should not be given any time beyond

the March

1,

1975 shutdown date particularly in light of the

citizen’s comp1aints~

If Petitioner is actually planning to shut the kiln down on

March

1,

1975 in order to complete the tie-in with the electrostatic

precipitator systems, there would be no reason to grant the variance

for an additional month.

Petitioner has not indicated that in

plans to operate this kiln on an intermittent basis while the tie-in

is taking place and we seriously doubt whether operations

could

continue during March even on an interim basis.

The Agency recommends denial of variance or in the alternative

that variance be granted only until March 1,

1975 subject to certain

conditions.

---

—3.-

The record clearly shows

that Petitioner is going to shut

the kiln down on March

1,

1975

and

the Board

is not inclined

to allow the variance to extend beyond that date.

Compliance

with the Regulation after March

1,.

1975 will not cause an

arbitrary and unreasonable hardship.

Variance will be granted

to and including March

1,

1975 on which date Missouri Portland

will he required to cease uncontrolled operations of its kiln #1.

This Opinion constitutes the findings

of fact and conclusions

of

law

of

the

Illinois

Pollution

Control

Board

with regard to the

appLication for a three month extension of variance~

ORDER

It is the Order of the Pollution Control Board that Missouri

Portland Cement Company be granted variance from Rules 203(b)

and

203(d) (3)

of

the Air Pollution Control Regulations

to

and in-

cluding March

1,

1975.

This variance is subject to the following

conditions:

1) Conditions

1 through

5 of our Order in PCB 73-480 shall

remain in effect through the term of this extended

variance.

2)

Within 15 days of this Order, Petitioner shall submit

its time table for completion

of the electrostatic

precipitator and stack test to the Environmental Pro-

tection Agency.

3)

Petitioner shall not operate kiln #1 in an uncontrolled

manner after the expiration date of this variance

except as may be authorized by the Environmental Pro-

tection Agency pursuant to Rule

105 of the Air Pollution

Control Regulations.

4) Petitioner shall use a continuous monitor attached to the

electrostatic precipitator as imposed by Part 1 of the

Board Order in PCB 73-480 throughout the term of this

extended variance.

The new electrostatic precipitator

shall use said monitor in the same fashion

as. described

in Exhibit B of the Board Order in PCB 73-480.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Opinion and Order was adopted

this

~3R~

day

~

1975 by

a vote of ~toQ.