ILLINOIS POLLUTION CONTROL

 BOARI)

September 20, 1973

MARQUETTE

CEMENT

MANUFACTURING

COMPANY

)

v.

)

 PCB 73-115

)

ENVIRONMENTAL

PROTECTION

AGENCY

)

Dissenting Opinion

(By

 J~Ir.

Dume lie)

My dissent

 in this

 case

 is based upon the operation by

Marquette of its Kiln No.

 3 so as to create

 a health hazard.

The grant of the variance by the Board shields Marquette

from prosecution from April

6,

 1973 to May 26, 1973

 for vio-

lating particulate emission levels.

 I question whether the

original variance

 (PCB 70-23,

 1 PCB 145, January

6,

 1971) con-

templated below ground level emissions

 of 6,500

 lbs.

 per hour

at any time.

But even saying

 that

the

 period from March

1,

1973

 (when

the precipitator fire occurred)

 to April

6,

 1973 somehow came

under the original variance grant

 does not excuse operation from

April

6

 to May 26.

High-volume air samplers were first installed by

 the Agency

on May

I

 (Amended Recommendation,

p.

3).

 Their data was pre-

:;uiiiably available

 a few days

 later.

 So even had Marquette

:Jted until the May

 1, and May

 8 and

 9 readings were available,

iey

 should have shut down by May 12

 at the latest.

 The addi-

1or~aloperation for

 14 days until May 26 may have shortened

~meone?s

 life

 or caused permanent health damage.

While the record is not clear,

 it would appear reasonable

that Marquette itself could see,without measurement, the enormity

of their dust emissions.

 And in good conscience

 they should

have voluntarily cut back production much sooner

 even

in

April,

 if the problem occurred then.

The Agency may wish

 to consider the requirement

 for a tall

stack as

 a “fail-safe~device

 in future permits involving

precipitators with short stacks on processes which cannot be

shut down instantly.

 Not only would the effects

 of the con-

trolled emissions be

 reduced. by

 a tall stack but should control

equipment

 fail

 (by fire,

 or electrical failure), then the tall

stack might be the sole protection for people’s lives.

—

291

—2--

//~

Jacob

D.

 Dumelle

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

Board, certify that the above Dissenting Opinion was filed on

the

 day of September,

 1973.

—

292