ILLINOIS POLLUTION CONTROL BOARD
    September
    20,
    1973
    MARQUETTE CEMENT MANUFACTURING COMPANY,
    Petitioner,
    vs.
    )
    PCB 73—115
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    Charles Line,
    for Petitioner
    Kenneth
    J. Gumbiner, Assistant Attorney General for the EPA
    OPINION AND ORDER OF THE BOARD
    (by Mr. Henss)
    Petitioner operates a dry process cement manufacturing
    plant in Oglesby, LaSalle County,
    Illinois.
    IN PCB 70-23,
    this Board granted Petitioner
    a variance from particulate
    emission regulations pending installation of a new kiln
    and control equipment.
    The variance was extended twice
    during the construction period and expired April
    6,
    1973.
    By March
    1,
    1973 Marquette had added a new precipitator to
    its old no.
    1 and no.
    2 kilns, constructed its new no.
    3 kiln
    with electrostatic precipitator, and closed down eight old
    kilns which had been emitting six tons of particulates per
    hour.
    The Petitioner had fully complied with the conditions
    imposed by the Board in its Variance Orders, had apparently
    brought its operation into compliance with regulations,
    and
    was operating the equipment during a test period.
    The total
    cost of
    the modernization program was 16.5 million dollars,
    of which 3.25 million had been spent on pollution control
    equipment.
    On March
    1,
    1973,
    a fire destroyed a substantial part of
    the precipitator on kiln no.
    3.
    Marquette now requests a
    third extension of the variance for six months,
    the time
    required to repair the damaged precipitator.
    In April, 1973 the EPA investigated the current situation
    at the Oglesby plant and found 100
    opacity readings from the
    stack attached to kiln no.
    3.
    The Agency stated that Petitioner
    is
    a major contributor of particulates
    in LaSalle County,
    9
    287

    —2—
    emitting 123,000 tons of particulates per year from all
    point and area sources.
    This amounts to 23
    of the par—
    ticulates
    in the County.
    Following its April investigation
    the EPA commenced a program of air monitoring and at that
    time recommended that we make no decision on the variance
    request until the results of the air monitoring were known.
    In April Petitioner said it was willing to or)erate
    kiln no.
    3 at 60
    of capacity
    (900 tons of feed per day)
    until
    the precipitator had been repaired.
    When operated
    at that rate, particulate emissions from kiln no.
    3 are 6,500
    lbs. per hour.
    Petitioner said it could not serve its
    customers
    if it reduced operations below 60.
    Kiln no.
    3
    produces about 12
    of all Portland Cement produced by Marquette
    in the United States.
    The Company claimed it would
    lose one
    million dollars
    in business and seriously damagecustorner
    relations
    if kiln no.
    3 were completely shut down.
    Acco~dTny
    to Marquette
    a shut-down would cause fifty employees to be
    thrown out of work and would damage the economy of the Oglesby
    area.
    The air monitoring program conducted by the EPA involved
    hi—vol air samplers and meteorological equipment placed in
    Oglesby.
    These revealed that when the wind blew from the plant
    toward town the particulate levels
    in Oglesby were dangerously
    high.
    Readings were recorded as high
    as 4,468 micrograms per
    cubic meter for a 24-hour period.
    As an average, when wind
    conditions were right, air samples were 600 to 900 ug/m~for
    a 24—hour period.
    Readings were far in excess of
    the 260 ug/m3
    which may be exceeded only once per year.
    Negotiations between
    the EPA and Marquette resulted in reduction of the feed rate
    to kiln no.
    3.
    Finally, Marquette voluntarily shut down kiln
    no.
    3 on May 26,
    1973.
    The Agency filed an Amended Recommendation requesting that
    we deny the variance.
    Marquette then requested that we postpone
    our decision
    in order to give Marquette an opportunity to perform
    tests
    upon the hi-vol samples which were obtained by the Agency.
    The tests were apparently to determine whether the high concen-
    trations of particulates were actually emissions
    from the
    Marquette plant.
    Petitioner said “In view of the fact that it
    will take several weeks to complete these tests, Marquette
    requests a continuance until July 12,
    1973 before the Board
    determines whether or not Marquette’s Petition for Variance
    Extension should be granted.
    During this period Marquette will
    continue to maintain its kiln no.
    3 completely shut down so that
    the emissions which
    the Agency found a hazard and objectionable
    will not exist”.
    We granted a three—week postponement and
    9
    288

    —3—
    subsequently granted
    4
    additional
    delays at the request
    of Petitioner Marquette.
    Marquette has not submitted any additional information
    to us regarding the samples or its testing program.
    However,
    Petitioner has had ample opportunity to obtain the information
    requested and since the decision is now due we will decide
    the case on the record which was presented.
    The variance is granted to May 26,
    1973
    the date when
    Marquette voluntarily shut down kiln no.
    3.
    We cannot
    accept particulate readings at the levels found in this case,
    but under all of the circumstances do not believe Marquette
    should be prosecuted for emissions prior to May 26,
    a period
    of time when the Company was either under variance or was
    cooperating with the EPA in attempts to solve its problem.
    We do not grant a variance for Marquette’s operation
    after May 26,
    1973.
    Any subsequent operations
    in violation
    of the Regulation or Statute are subject to prosecution.
    It
    seems right to us that such liability attach on
    May
    26,
    1973
    when Marquette had obviously been advised of the danger
    to
    citizens in
    the community from continued operations
    of kiln
    no.
    3 without the electrostatic precipitator.
    After requesting delays more than ample for its testing
    purposes, Marquette has chosen not to submit its test data
    to us.
    This leaves the Agency evidence and its inferences
    unrebutted.
    Our conclusion is that emissions from Marquette
    when kiln no.
    3
    is operated without the precipitator are
    napable of causing damage to the health of citizens in Oglesby.
    The
    Code of Federal Regulations October
    23,
    1971, page
    20513,
    in icates that concentrations of particulates in excess of
    l,OUO micrograms percubic meter for a 24—hour average are
    c;~iableof causing significant harm to the health of people
    exposed to such readings.
    According to Robert Pogrund, Associate Professor of
    Occupational and Environmental Medicine at the University of
    Illinois Medical Center, School of Public Health,
    those
    medical effects in this case could include:
    increase
    in
    frequency and severity of respiratory diseases, bronchial
    irritation, inflammation of the air passages in the lungs.
    The stack attached to kiln no.
    3 is low.
    A higher stack
    would allow for more dispersion of the particulates.
    Further-
    more,
    the natural terrain in the area adds to the problem for
    9
    289

    —4—
    the
    citizens
    of
    Oglesby.
    The
    stack attached to kiln no.
    3
    is
    just
    500
    feet
    above
    sea
    level
    but
    Oqieshy
    is
    about
    630
    feet above
    sea level.
    Since the stack
    is below Oglcsby
    ground
    level,
    the
    particulate
    readings
    at
    ground
    level
    in
    Oglesby
    will
    be
    significantly
    higher
    than
    they
    would
    be
    if
    kiln
    no.
    3
    had
    a
    higher
    stack.
    Marquette
    has
    cooperated
    in
    the control
    of
    its
    emissions.
    That
    cooperation
    and
    the
    fact
    that
    the
    loss
    of
    the
    precipitator
    could
    not
    have
    been
    anticipated,
    persuade
    us
    to
    grant
    a
    shield
    from
    any
    prosecution
    for
    the
    emissions
    between
    tlie
    fire
    and
    May
    26,
    1973.
    We
    must
    be
    absolutely
    sure,
    however,
    that
    such
    dangerous
    levels
    of
    air
    contamination
    do
    not
    continue.
    Kiln
    no.
    3
    should
    not
    be
    operated
    without
    an
    electrostatic
    precipitator.
    The
    variance
    will
    not
    extend
    to
    operations
    subsequent
    to
    May
    26,
    1973.
    ORDER
    It
    is
    ordered
    that:
    Petitioner
    Marquette
    Cement
    Manufacturing
    Company
    be
    granted
    an
    extension
    of
    the
    variance
    from
    particulate
    regulation until May
    26,
    1973.
    This
    variance
    shall not extend beyond
    said date and
    especially
    shall not authorize the operation
    of
    kiln
    no.
    3 after May
    26,
    1973 without
    an effective
    and functioning electrostatic precipitator.
    Mr.
    Dumelle dissents.
    I,
    Christan
    L.
    Moffett,
    Clerk of
    the Illinois Pollution Control
    Board,
    hereby
    certify
    the
    above
    Opinion
    and
    Order
    was
    adopted
    this
    ~
    day
    ~
    1973
    by
    a
    vote
    of
    ~4
    to
    I
    c~L~
    9—290

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