ILLINOIS

POLLUTION

CONTROL

BOARD

July

12,

1979

THE

CELOTEX

CORPORATION,

Petitioner,

v.

)

PCB

78—109

)

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by

Mr.

Goodman):

The Celotex Corporation (Celotex)

is before the Board

pursuant

to an Order of the Illinois Appellate Court remanding

a case to the Board

for further proceedings

(The CelotexCor—

~ionv.

Illinois Pollution Control Board et

al.,

Ill.

App.

3d

___,

382 N.E.

2d 864

(4th Dist., November

14,

1978).).

The Board had previously dismissed this case on a collateral

issue

and was overturned on appeal.

Celotex is seeking relief from Section 9(a) of the Envir-

onmental Protection Act

(Act) and from Rules 102,

202 and 203

of the Air Pollution Control Regulations,

Chapter

2,

until

June

25,

1979 for its paper mill

located at Quincy,

Illinois.

No hearing has been held in this matter, and the Board has

received no public comment.

Celotex produces paper backing and facing sheets

at this

facility for its gypsum hoard products manufactured

at other

plants located throughout

the United States.

The specific

equipment for which variance is requested are two chain grate

stoker boilers generating

a total of approximately 85,000

pounds of steam per hour and used in connection with produc-

tion processes.

Celotex was granted a construction permit

in

1975 to install a fly ash collector on each of the boilers

and the equipment was installed in that year.

However, stack

tests performed in 1977 indicated that stack emissions were

in

excess of established emission standards.

In early 1978

Celotex decided to

install multiclones and induced draft fans

and indicated

a construction schedule to the Agency, which

called for complete installation and stack testing by May 11,

1979.

In

November,

1978

the

Agency

granted

Celotex’s

request

for a construction permit subject

to certain conditions,

in—

cluding completion by the May

11,

1979

date.

In

its recommen-

35—2 1

---

—2—

dation,

the Agency states that it has received no objections

to granting a variance and believes that the proposed equip-

ment will meet the standards of Rule 203(g)(1)(B) and Rule

202(b) of the Board’s Chapter

2 Regulations.

The Agency fur-

ther indicates that Quincy Township in Adams County has an

air quality

level for particulates that

is better than the

applicable National Ambient Air Quality Standard, and further

believes that the air quality of the area will not be harmed

in any substantial manner should the variance be granted.

Data

provided

by

the Agency in its recommendation indi-

cate that the excess stack emissions involved

in the situa-

tion amounts to approximately 50 lbs./hr.

total.

Celotex

alleges

that

immediate

compliance

would

be an arbitrary or

unreasonable

hardship

due

to

the

cost

to

the

company

and

the

public when

balanced

against

the

very

small

benefits

that

would

accrue from such compliance.

Considering the minimal effects

on the environment should this variance be granted and the fact

that

Celotex

installed

the

original

abatement equipment

in

a

timely

fashion

but

was

unable

to

comply

with

the

regulation

apparently

due

to

a

misjudgment

concerning

the

effectiveness

of the equipment utilized,

the Board will grant the variance

requested.

Celotex

has requested the variance be extended un-

til June

25,

1979 due to unforeseen and unavoidable equipment

delivery delays and the Agency has no objection to this short

extension.

The

variance will

be granted until June

25,

1979

under certain conditions.

This Opinion contitutes the findings of fact and conclu-

sions

of law of the Board in this matter.

ORDER

It is

the Order of the Pollution Control Board that:

1)

Finding that Celotex Corporation is currently unable

to comply with the Board’s

Regulations, variance

is

granted

from Section 9(a) of the Environmental Pro-

tection Act and Rules

102,

202 and 203 of the Air

Pollution Control Regulations, Chapter

2,

until

June

25,

1979 under the following conditions:

(a)

Celotex shall follow the compliance plan con-

tained in its petition for variance

filed

April

19, 178

and amended on March

30,

1979

which documents are hereby incorporated by

reference as if fully set forth herein.

(b)

Celotex shall

submit monthly status reports

to the Illinois Environmental Protection Agency,

2200 Churchill

Road,

Springfield,

Illinois

62706.

---

—3—

(c)

Celotex

shall submit a final stack test report

within 30 days after stack testing

is completed.

(d)

In the event of

a violation of the 24—hour pri-

mary standard at the Quincy Air Sampling Station,

Celotex

shall restrict or reduce its emissions

as soon as possible.

(e)

Within 45 days of the adoption of this Order,

Celotex

shall execute and forward to the Illi-

nois Environmental Protection Agency at the

address given in subparagraph

(b),

a certifica-

tion of Acceptance and Agreement

to be bound to

all terms and conditions of

this Order.

The

45 day period shall be held in abeyance during

any period this matter is being appealed.

The

form of said certification shall

be as

follows:

CERTIFICATION

I

(We), ______________________

,

having read and fully

understanding the Order of the Illinois Pollution Control Board

in PCB 78—109,

hereby accept said Order and agree to he bound

by all

of the terms and conditions

thereof.

SIGNED

___________________

TITLE

________________________

DATE

_______________

________

2)

Celotex is hereby notified that it may be

liable for

non—compliance penalties

under Section 120

of the

Federal

Clean

Air

Act.

I, Christan L.

Moffett,

Clerk

of

•the

Illinois Pollution

Control Board, her~by certify th

abo e Opinion and Order were

adopted o& the

/J.

~I

day of

__________________,

1979 by a

vote of

-O

Christan L.

Moffet

rk

Illinois

Pollution

rol Board

35—23