ILLINOIS POLLUTION CONTROL BOARD
    March 17,
    1977
    McLEAN
    COUNTY SERVICE COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 76—270
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr.
    Satchell):
    On October 28,
    1976 McLean County Service Company
    (Service
    Company) filed a petition for variance from Rule 203 (d) (9) of
    the Chapter
    2: Air Pollution Control Regulations
    (Chapter
    2).
    An amended petition was filed December
    8, 1976 in which the
    compliance date was set as December
    1,
    1977 instead of May
    1,
    1977 as originally requested.
    The Environmental Protection
    Agency
    (Agency)
    filed its recommendation in this matter on
    February 4,
    1977. Petitioner filed a response on March
    15,
    1977.
    Petitioner is the owner and operator of
    a grain handling
    facility located in Yuton,
    Illinois within McLean County.
    The
    facility, which has an annual throughput of 4.5 million bushels
    of grain consists of three dump pits,
    two for grain and one for
    wet grain;
    three grain dryers,
    two with individual drying capa-
    cities of 1400 bushels per hour
    (BPH)
    and one with a 2500 BPH
    capacity; one grain cleaner with an actual capacity of 3000 BPH,
    and various items for storage and transfer of grain.
    Petitioner states that at the time of the adoption of the
    grain handling regulations that the Service Company believed it
    was subject to the exemption of Rule 203(d) (9) (D)
    of Chapter
    2,
    in that Petitioner believed its facilities were located outside
    a major population area.
    However, on receipt of an Agency per-
    mit denial on March
    18, 1976 Petitioner found that its facilities
    were 1.95 miles from Normal, Illinois and did not meet the
    requirement of being 2.0 miles from a major population area and
    was not covered by the exemption.
    Upon discovery of this informa-
    tion Petitioner formulated a compliance plan and schedule.
    25—
    113

    —2—
    Petitioner proposes to install an aspiration system on the
    three
    dump
    pits and on two legs associated with the dry
    grain transfer process.
    The control equipment for the
    aspiration equipment will be a baghouse.
    In addition, quick
    closing doors or some type of wind deflectors will be in-
    stalled on the three dump pits.
    The control program will
    cost approximately $90,000.
    The compliance schedule calls for completion of final
    plans and specifications by December
    1,
    1976; final delivery
    of equipment by April
    1,
    1977; completion of construction by
    July 1, 1977; and full operation by December 1, 1977.
    Peti-
    tioner states that full operation of the equipment cannot be
    determined ‘until the facility is operated during the grain
    season.
    Modifications may be necessary during this time.
    The Agency in its recomn~endationstates that because
    Petitioner’s facility is located in a major population area,
    the regulations require that Petitioner’s pollution control
    equipment function at an efficiency of at least 98 percent.
    The Agency states that it appears Petitioner’s plan is adequate.
    The Agency does question the time schedule.
    The Agency feels
    that the construction and debugging phases of the schedule can
    be shortened considerably.
    The Agency suggests a June 1,
    1977
    construction completion date and that debugging should be com-
    pleted by July 1,
    1977 with full operation beginning at that
    time.
    The Agency makes this suggestion based on experience
    at other grain handling facilities
    in Illinois and the fact
    that Petitioner receives grain throughout the year so there
    is no need to await the harvest season to evaluate the effec-
    tiveness of the operation.
    There are five residences within a one mile radius of
    the facility.
    The nearest residence is approximately 200 feet
    away;
    the remaining residences are all more than 800 feet away.
    The Agency has not discussed the variance with any of the neigh-
    bors but has had no complaints concerning Petitioner’s operations.
    Petitioner also states there have been no complaints from
    neighbors.
    The nearest ambient air monitoring station is located
    approximately four miles southeast of the facility in Bloom-
    ington, Illinois.
    The average annual geometric mean for
    particulate matter at that station in 1975 was 64 micrograms
    per cubic meter, under the primary ambient air standard of
    75 micrograms per cubic meter as an annual geometric mean.
    25
    114

    —3—
    Without a variance, Petitioner has only until April 30,
    1977 to come into ôompliance with Rule 203(d) (9) (B)
    of
    Chapter
    2.
    It is apparent from the facts presented that
    Petitioner cannot~
    make
    t~iatdeadline with an assured pollution
    control efficiency Of 98 percent.
    The Board does find suffi-
    cient hardship exists to grant Petitioner a variance.
    The
    Agency suggests an earlier compliance date than that requested
    by Petitioner.
    Petitj..oner states the full operational effi-
    ciency of the equipment cannot be determined until operation
    during the grain season.
    Although Petitioner may receive
    grain during the entire season, peak operations would not
    occur until the harvest season.
    The Board notes also that
    there have béenno complaints recorded to date.
    For these
    reasons the Board will grant Petitioner a variance until
    December 1,
    1977 subject. to the conditions of the Agency’s
    recommendation.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    It is the order of the Pollution Control Board that McLean
    County Service Company is hereby granted a variance from
    Rule 203(d) (9) (B)
    of Chapter
    2: Air Pollution Regulations for
    its grain handling facility at Yuton, Illinois until December 1,
    1977 subject to the following conditions:
    1.
    McLean County Service Company shall apply for
    construction permits for its pollution control
    system as soon as possible.
    McLean County Service
    Company shall use all reasonably available means to
    secure such ~acoi~structionpermit from the Agency no
    later than April
    1,
    1977.
    2.
    McLean County Service Company shalJ apply for an
    operatinq permit for its pollution control system no
    1~terthan April
    1,
    1977.
    McLean County Service
    Company shall use all reasonably available means
    to
    secure such an operating permit no later than July
    1,
    1977.
    3.
    Within thirty-five days of this order McLean County
    Service Company shall execute and forward to the:
    Control Program Coordinator
    Division of Air Pollution Control
    2200 Churchill Road
    Springfield, Illinois 62706
    a Certification of Acceptance and agreement to be
    25
    115

    —4—
    bound to all terms and conditions of the variance.
    The form of that Certification shall be as follows:
    CERTIFICATION
    I
    (We), _____________________________ having read
    and fully understanding the Order of the Illinois
    Pollution Control Board in PCB 76-270, hereby accept
    said Order and agree to be bound by all the terms
    and conditions thereof.
    SIGNED
    TITLE
    DATE
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order
    were adopted on the
    /~7~ day of
    ___________,
    1977 by a
    vote of
    4-o
    25
    116

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