ILLINOIS POLLUTION CONTROL BOARD

June 28,

1973

MISSISSIPPI LIME COMPANY,

Petitioner,

vs.

)

PCB 73—12

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

vs.

)

PCB 73—35

MISSISSIPPI LIME COMPANY,

a

Missouri Corporation and

INTERNATIONAL GREAT LAKES SHIPPING)

COMPANY,

an Ohio Corporation,

Respondents.

Michael

A.

Snyder, Attorney for Mississippi Lime Company and

International Great Lakes Shipping Company

Kenneth Gun-ibiner, Assistant Attorney General for the EPA

OPINION AND ORDER OF THE BOARD

(by Mr. Henss)

Mississippi Lime Company operates a facility at 12200 South

Stony Island Avenue, Chicago for the transfer of lime from barges

to storage bins and thence to trucks.

The Company filed a request

for variance stating that the facility in two specific respects

fails to meet emission standards contained in Chapter

2 of the

Regulations of the Illinois Pollution Control Board and in the

Regulations Governing the Control of Air Pollution.

The Company

stated that it was installing control equipment and expected to

be in compliance with the Regulations by late September 1973.

Two weeks after the filing of the variance request, the EPA

filed an enforcement action alleging that Mississippi Lime had

discharged particulate matter,

i.e.

limestone dust,

into the

atmosphere

in

excess

of

amounts

allowed under Rule 3—3.111 of the

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Rules and Regulations Governing the Control of Air Pollution and

had installed equipment capable of contributing

to or preventing

air pollution without first obtaining

a permit from the EPA.

International Great Lakes Shipping Company, which is said to

be the operator of a bucket and crane for unloading pebble lime

from barges, was also prosecuted for its discharge of particulate

matter.

The variance and prosecution cases were consolidated for

hearing.

When the cases were called for hearing, the parties submitted

a Stipulation of Facts.

In essence, the Respondents admitted the

alleged violations although Mississippi Lime denied that the violations

were as frequent as claimed by the EPA.

Testimony by R.

W. Woodcock, Vice-President

-

Traffic,

indicated

that the facility is primarily a transfer point for limestone

products produced at Respondent’s

St. Genevieve, Missouri processing

plant.

Traffic through the facility in 1972 consisted of about 320

barges unloaded and about 20,000 trucks loaded out.

Woodcock

estimated that the annual throughput was about 465,000 tons.

The

facility is located in a highly industrialized area on Lake Calumet

Harbor at a point over

1 mile from the nearest residential area.

One of the chief sources of emissions is the barge unloading

area.

Here

a clamshell bucket owned by International removes the

pebble lime from barges and transfer it to a large receiving hopper

on Mississippi Lime property.

From the receiving hopper, the lime

is moved to an inclined belt conveyor which feeds an elevator-

bucket system which discharges

to

a diversion storage bin which

ultimately feeds

4 storage bins.

Each bin has a capacity of 500

tons.

The control equipment for this source will consist of a

fabric dust collector

(baghouse)

to collect limedust at the emission

points.

The second major source of emissions is at the discharge spouts

where lime

is unloaded from the

4 storage bins into trucks.

Murney

testified that

a similar but smaller dust collection control system

would be installed at these sources.

Respondent estimates that upon

completion of the control systems, emissions will be about

5 lbs.

per hour.

Agency calculations show that the allowable emission rate

at this facility is about 53 lbs.

per hour.

At least 228 lbs. per

hour are now discharged.

Respondents seek variance from Chapter

2, Air Pollution Control

Regulations,

Rules 203(a),

203(b)

,

203 (f) (1)

,

203(f) (2)

,

203 (f) (4),

and Rule 3-3.111 of the Rules and Regulations Governing the Control

of Air Pollution.

We agree that Respondent’s operation is

a

“process” within the meaning of those Rules and that the Rules are

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applicable here.

However,

Respondent does not require

variance

from Rules 203 (a)

and 203 (b).

As provided in Rule 203(1) (2),

Respondent’s operation is currently governed by Rule 3-3.111

until December 31,

1973,

at which time Respondent must come

into compliance with Rule 203 (a).

Since Respondent has requested

variance only until October

31,

1973, we believe the requested

variance from Rule 203(a)

is moot at this

time.

We note that the Agency’s estimated emission rate of 228

lbs. per hour did not include emissions from stockpiles, unpaved

roadways and truckloading spouts.

If such emissions were included

the total emission rate would be considerably higher.

However,

we were not provided an estimate of what the higher figure would

be.

Agency personnel operated a hi-vol sampler near the facility

from July 5,

1972

to July 13,

1972.

This surveillance revealed

that suspended particulates near Respondent’s facility ranged

from a high of 1,367 micrograms per cubic meter to a low of

205

micrograms per cubic meter.

Five of the eight daily readings

exceeded 700 micrograms per cubic meter.

Mississippi Lime is installing over $200,000 in abatement

equipment,

and in addition has undertaken the blacktopping of

the entire area in an effort to reduce emissions from windblown or

traffic-induced fugitive dust emissions.

The company is currently

operating under

a variance from the Appeal Board for the City of

Chicago.

This variance requires the following timetable:

Modification of Receiving Hopper

—

Mid-February 1973

Dust Collection System --end of April 1973

Phototype Chut

--

late February 1973

Completion of Dust collecting system at loading chute

——

late September 1973

The Agency recommends that we deny

a variance on the ground

that Respondent had not been timely in implementing its control

program and that Respondent’s hardship was self-induced.

The record

does not support that Agency claim.

Although the possibility

exists that some phases of Respondent’s control program could

have been expedited somewhat, we are satisfied that Respondent has

honestly attempted to satisfy both the State and the City of Chicago

by investigating and then selecting equipment equal to the task at

hand.

Respondents contend that a denial of the variance would cause

layoff of personnel at the Chicago facility,

that 4 major area steel

producers would be denied a vital

source of lime required for their

process, that numerous northern Illinois and Indiana water companies

would be denied this source of lime necessary for water purification,

8—397

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and, about 200 workers at the St. Genevieve, Missouri processing

plant would be layed off.

Since Respondent is within

5 months of completion of the

control program, we believe it is reasonable to allow the variance.

The large expenditure for control equipment

is a mitigating factor

in our assessment of a monetary penalty.

The emissions in this

case,

however, were heavy and the violation should not go un-

punished.

The Board believes that a monetary penalty in the amount

of $5,000 is appropriate under all of the circumstances.

ORDER

It is the Order of the Pollution Control Board

that:

1.

Petitioners Mississippi Lime Company and International

Great Lakes Shipping Company are granted

a variance

from Rules 203 (f) (1),

203 (f) (2)

,

203 (f) (4)

of

the

Air Pollution Control Regulations and Rule 3-3.111 of

the Rules and Regulations Governing the Control of

Air Pollution until October

31, 1973 for the install-

ation of control equipment pursuant to the schedule

contained in this Opinion.

2.

The variance is conditioned upon the submission of

monthly progress reports commencing July 1,

1973 to

the Agency describ!ng the status of construction and

installation of the control equipment and upon

a

showing of satisfactory progress in the installation.

3.

Petitioner shall,

by July 23,

1973, post a bond in

the amount of $50,000 for the period of one year in

a form acceptable

to the Environmental Protection

Agency, such bond to be forfeited in the event

Petitioner fails to install and operate the equipment

listed in the Stipulation of Facts presented in this

case.

The bond shall be mailed to Fiscal Services

Division, Illinois EPA,

2200 Churchill Road,

Springfield,

Illinois 62706.

4.

Mississippi Lime Company and International Great Lakes

Shipping Company shall, after October 31,

1973,

cease

and desist from their violations

of the Regulations

governing the emission of particulates.

5.

Respondent shall pay to the State of Illinois by

July 23, 1973 the sum of $5,000 as

a penalty for the

violations found in this proceeding.

Penalty payment

by certified check or money order payable to the State

of Illinois shall be made to:

Fiscal Services Division,

Illinois EPA,

2200 Churchill Road,

Springfield, Illinois

62706.

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I,

Christan

L. Moffott, Clerk of the Illinois Pollution Control Board

hereby certify the above Opinion and Order was adopted this

28th

day of June,

1973 by

a vote of

4

toO.