ILLINOIS POLLUTION CONTROL BOARD
    November
    30,
    1978
    HOMER GRAIN COMPANY,
    Petitioner,
    v.
    )
    PCB 78—184
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION OF THE BOARD
    (by Dr. Stachell):
    This matter comes before the Board upon a variance petition
    filed on July 13, 1978
    requesting a continuation of its variance
    from Rule 203(d) (9) (B)
    of the Chapter
    2:
    Air Pollution Control
    Regulations.
    Previously Petitioner had been granted
    a variance,
    PCB 76—312,
    25 PCB 39
    (1977)
    ,
    until October
    1, 1978.
    An amended
    petition was filed on August
    21,
    1978.
    The Environmental Pro-
    tection Agency
    (Agency)
    filed its recommendation on October
    10,
    1978.
    This Opinion is
    in support of the Board Order
    in this matter
    passed on November 16,
    1978.
    Homer Grain Company’s facility,
    Homer,
    Illinois,
    is engaged
    in the receiving,
    storing, cleaning, drying,
    handling and shipping
    of whole kernel grain.
    The elevator employs twelve people with
    an annual payroll
    of $230,000 and purchases approximately
    $350,000 worth of operating supplies
    in Champaign County.
    Approx-
    imately 10,000,000 bushels are received and shipped every year.
    The original variance
    was granted to allow Petitioner time to
    install certain air pollution control equipment.
    This additional
    variance
    is required because Petitioner has not completed its
    program.
    Petitioner claims financial hardship due to the effect
    of falling grain prices,
    rising operating costs and inflation.
    The Agency states that lack of timely compliance
    is more likely
    because Petitioner did not hire an engineering consultant to
    handle the problem until February,
    1978.
    However,
    the parties
    do agree that the source
    is currently unable to comply with the
    Board’s Rules.
    The facility has six dump pits for receiving grain.
    Pits G-1
    and G-2 have had dust pick-up installed
    (which is beyond the
    original compliance plan)
    .
    Pit C—i
    is exempt from Rule 203(d) (9) (3)
    because
    its annual through-put
    is less than 300,000 bushels.
    Pit
    B-2 has been brought into compliance by restricting its through-put
    to 300,000 bushels or less annually.
    On August 21,
    1978 Petitioner
    applied for construction permits for air pollution control systems
    for the railroad load-out, conveyor D-l and dump pits B-i and B—3.
    32—155

    —2—
    The Agency believes that these systems, if installed, will be
    adequate to bring Petitioner into compliance with Rule 203(d)
    (9) (B).
    The Agency further states that it believes it is more
    likely these systems will be installed and operational by June
    30,
    1979 if the schedule set out by Petitioner is approved.
    Further-
    more,
    since controls were installed on the reversible belt and
    the rack type grain dryers were replaced, the number of citizen
    complaints concerning Petitioner’s operation have decreased
    considerably.
    Two former complainants contacted by the Agency
    observed few dust problems from Homer Grain during the summer
    of 1978;
    one person did express concern over the potential for
    dust problems during the 1978 harvest season.
    Petitioner’s current compliance plan contains the following:
    1.
    Binding agreement to design modifications
    as necessary
    (Engineering consultants are E.A. Campbell
    & Assoc.,
    Inc.).
    Complete
    2.
    Survey of all emission sources
    to determine what can and
    need be controlled.
    Complete
    3.
    Preliminary design for dump pit dust control
    (Pit B-i
    and B-3).
    o/b 7/31/78
    4.
    Compliance engendered on Pit B-2 via through-put
    restriction.
    Complete
    5.
    Construction permit application filed with EPA for all
    additional systems
    (DC-4,
    5,
    6,
    7
    &
    8).
    0/b 8/15/78
    6.
    DC—5 rail load-out preliminary design.
    Complete
    Solicit bids
    6/15/78
    Let contracts
    7/15/78
    Permit Applications
    8/15/78
    Construction complete
    10/15/78
    On line operation
    10/31/78
    7.
    DC-4, Conveyor D-l
    DC—8, Boot pit & basement
    Preliminary Design
    Complete
    Permit Applications
    8/15/78
    Solicit Bids
    9/15/78
    Let Contracts
    11/15/7 8
    Construction complete
    6/1/79
    On line operation
    6/30/79
    32—156

    —3—
    The Agency recommends the grant of the variance.
    The Board
    will grant this variance.
    Petitioner cannot currently comply
    with the Regulations without undue hardship.
    The Agency
    recommends several variance conditions.
    Several of these condi-
    tions
    are not consistent with Petitioner’s proposed compliance
    plan.
    In the earlier variance,
    PCB 76-312, Petitioner had
    proposed emission controls for
    dump
    pit 3—2.
    Petitioner’s
    current plan is to limit through-put to less than 300,000 bushels
    which would exempt it from the Board
    rules..
    The Agency
    feels
    this is difficult to enforce and recommends Petitioner either be
    required to seal off the grate area for dump pit 3-2 or install
    emission controls,
    Because of Petitioner’s cash flow problems
    the Board will accept Petitioner’s method of compliance and will
    not require different methods unless violations of the Act or
    Regulations become apparent.
    However, Petitioner will be re-
    quired to make annual verification to the Agency of the grain
    through-put of pit B-2.
    The prior Board Order required emission controls to replace
    the cyclones on top of the workhouse;
    this has not been done.
    Currently Petitioner’s engineering consultant indicates that
    compliance can be achieved through
    a maintainance and mal-
    function program without replacing the existing workhouse
    cyclones.
    The Agency recommends that Petitioner be required
    to verify the efficiency of the existing cyclones and that a
    program to replace these cyclones be submitted if the existing
    equipment is not adequate.
    This condition will be required by
    the Board.
    Petitioner runs two grain cleaners which the Agency states
    may need aspiration because of potential safety and housekeeping
    problems.
    If the grain cleaners are aspirated to existing dust
    control equipment the Agency recommends Petitioner should be
    required to verify
    the
    efficiency of the existing control
    equipment and that a program to replace this equipment be sub-
    mitted if the existing equipment is not adequate to meet the
    requirements of Rule 203 (d) (9).
    The Board finds that since this
    is a potential problem,
    not an existing one, that this Oondition
    is inappropriate.
    The Agency further recommended that another performance bond
    of $100,000,
    in addition to the one posted in PCB 76—312,
    be
    posted.
    The Board will require a continuation of the bond posted
    in PCB 76-312;
    however, additional bond will not be required as
    it
    is not likely to serve
    a useful purpose and would intensify
    the cash flow problems.
    In accordance with Section 35 of the Environmental Protection
    Act, amended August
    2,
    1978 by P.A.
    80-1299, the Board may grant
    variances only
    if they are consistent with the provisions
    of the
    32—157

    —4—
    Federal Clean Air Act.
    In this case the variance must be
    consistent with Section
    113(d).
    The Board believes the re-
    quired conditions have or will be met.
    The source is unable
    to currently comply.
    Notice and opportunity for public hearing
    have been provided.
    A compliance schedule
    is provided.
    Reason-
    able and practicable interim controls must be provided along
    with monitoring and reporting.
    Compliance will be provided by
    June 30,
    1979.
    Since Petitioner is a major source it is now
    warned of its possible liability for noncompliance penalties
    under Section
    120 of the Clean Air Act.
    Petitioner
    is granted
    a variance to June
    30, 1979, subject to conditions.
    This Opinion constitutes the Board’s
    findings of fact and
    conclusions of law in this matter.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Bo~rd,hereby certify the above Opinion was adopted
    on the
    ~‘~‘
    day of
    ~
    ,
    1978 by a vote
    of ~—O
    Christan L. Moff~t, Clerk
    Illinois Pollution Control Board
    32—
    58

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