ILLINOIS POLLUTION CONTROL BOARD
    May
    6,
    1976
    NATIONAL CASTINGS DIVISION,
    MIDLAND-ROSS
    CORPORATION,
    )
    Petitioner,
    v.
    )
    PCB 75—397
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Zeitlin):
    This matter is before the Board on a Petition for Variance filed
    by Petitioner National Castings Division, Midland-Ross Corporation
    (National)
    on October 10,
    1975,
    seeking relief from the particulate
    emission limitations of Rule 203(b)
    of Chapter
    2:
    Air Pollution,
    of the Board’s Rules and Regulations.
    On October
    16,
    1975,
    the
    Board entered an Interim Order requiring the submission of addi-
    tional information concerning the effect of National’s operations
    on ambient air quality in the area affected by those operations.
    A Motion to Dismiss was filed by the Environmental Protection Agency
    (Agency)
    on October 27,
    1975,
    and an Amended Petition was filed by
    National on November 14,
    1975;
    in an Interim Order entered Nov.
    26,
    1975,
    the Board accepted National’s Amended Petition and denied the
    Agency’s Motion to Dismiss.
    Following negotiations between National and the Agency,
    National
    filed
    a
    further Amended Petition on February
    3,
    1976.
    Based on
    that filing, the Board in an Order entered February 11,
    1976, denied
    as moot the Agency’s Motion for additional time
    in which to file
    its Recommendation.
    The Agency’s Recommendation was then filed on
    March
    26,
    1976.
    No hearing was held
    in this matter.
    National operates a steel foundry producing 400 tons per week
    of steel castings in Meirose Park,
    Illinois,
    The foundry operates
    two shifts per day,
    five days per week,
    and employs approximately
    400 workers.
    The foundry has two electric arc
    steel melting furnaces
    with
    capacities of
    15 tons
    (furnace No.
    1)
    and
    9 tons
    (furnace No.
    4)
    respectively.
    Furnace No.
    1 operates at
    a process weight rate
    of
    up
    to 13,200 lbs./hour during all periods of normal operation.
    Furnace No.
    4, which
    is
    capable of a process weight rate of up to
    5,300 lbs./hour,
    is used only when furnace No.
    1
    is out of operation.
    Those furnaces are the subjects of this case.
    21—317

    —2—
    Particulate emissions from both furnaces are presently controlled
    by side—draft hoods ducted to two identical baghouses, each equipped
    with 150 horsepower
    fans.
    National’s October
    10, 1975 Petition
    indicated that it might be in violation of the particulate emission
    limitations for existing process emission sources during the charging
    and tapping portions of the furnaces’ operations.
    During those
    periods the side—draft hoods do not collect particulate emissions
    from the furnaces,
    and the emissions are vented through the roof
    of the building with no controls.
    National was not sure that it
    was
    in violation of the Rule 203(b)
    standards during those periods,
    however,
    and conditioned the October
    10,
    1975 Petition on stack
    testing, to be performed during November,
    1975,
    to determine the
    amount,
    if any,
    of any violation.
    Should violation be found,
    the
    October 10 Petition proposed as a compliance plan the installation
    of large canopies over each of the furnaces,
    and the installation
    of an additional baghouse.
    Cost for that compliance plan was
    estimated at $500,000.00, with completion scheduled within 1-1/2
    years.
    National’s second Amended Petition of February
    3,
    1976 reflected
    the results of November,
    1975 emission testing.
    It also showed
    that National’s compliance plan had been amended to include only
    the installation of the canopies and associated ducting;
    the addi-
    tional baghouse had been dropped.
    (This change apparently resulted,
    at least
    in part, from negotiations withthe Agency.
    See letter of
    January
    13, 1976.)
    The emission testing reflected in National’s second Amended
    Petition of February
    3,
    1976 shows general compliance with the limi-
    tations
    of Rule 203(b), which applies under Rule 203(c)
    to certain
    existing process emission sources.
    In addition,
    that testing shows
    general compliance with the limits of Rule 203 (a)
    ,
    containing
    stricter
    limits on emissions for new process emission sources.
    However, as
    the Agency points out in its Recommendation,
    there appear to be
    serious defects
    in National’s emission testing.
    The emission tests
    performed by National fail to account for emissions through the
    existing baghouses,
    emissions through openings other than that on
    which individual tests were made or emissions through entire melts
    with the furnace being tested.
    Based on these testing problems,
    the Agency Recommendation
    claims that National has failed to show compliance with Rule 203(b)
    and is, therefore,
    subject
    to the stricter limitations of Rule 203(a),
    under the conditions
    of Rules
    203(c)
    and 203(i).
    Rule
    203(c) requires
    that existing sources not complying with the existing source require-
    ments of Rule 203(b)
    must, under certain circumstances, meet the
    new source requirements of Rule 203 (a).
    Rule 203 (i) (5)
    sets
    a
    compliance date of May 30,
    1975 for existing sources
    in certain
    classifications.
    21—318

    —3—
    we
    agree with the Agency that where the requirements of 203(b)
    and 203(c)
    for existing sources are not met,
    an existing source
    must comply with Rule 203(a)’s new source emission limits.
    National
    does not present the Board with sufficient data to prove compliance
    with Rule 203(b);
    in
    fact,
    by requesting a Variance from Rule 203(b),
    it pleads non-compliance with that Rule.
    National must comply,
    on
    the facts before us, with Rule
    203(a), which became effective as
    against National on June
    1,
    1975.
    we also find, however,
    that this error
    is not fatal to National’s
    Variance Petition.
    Although defective and inadequate to show the
    applicability of Rule 203(b),
    National’s emission tests nonetheless
    provide us with sufficient grounds for a variance grant for the
    following reasons:
    1.
    National’s Petition and Amended Petitions,
    along with the Agency’s Recommendation,
    indicate that
    National acted
    in good faith, once its compliance
    with the particulate regulations was questioned to
    determine the extent,
    if any, of its violation of
    the particulate regulations.
    2.
    Even assuming that unmonitored emissions
    from National’s baghouses,
    other roof openings,
    etc.,
    are significantly larger than those which were
    monitored, National’s emissions would still not be
    greatly in excess of the Rule 203(b)
    standard.
    (See,
    Second Amended Petition, February
    3,
    1976,
    Ex.
    5.)
    3.
    Both Petitioner and the Agency agree that
    the emissions in question probably do not contribute
    to any violation of the national ambient air quality
    standards for particulates.
    The three nearest moni-
    toring points to National’s facility,
    in Franklin
    Park, Hillside and River Forest,
    all were in compliance
    with that standard
    in 1974.
    (See,
    Ill. Environmental
    Protection Agency 1974 Annual Air Quality Report.)
    4.
    National’s compliance plan, consisting of
    canopies over each furnace ducted through the existing
    baghouses,
    will result in compliance with the standard
    of Rule 203(a)’s stricter standard for particulates.
    The baghouses achieve an efficiency of 99.4
    (by
    weight).
    (See,
    Ex,
    C.,
    P.
    2,
    Feb.
    3,
    1976 Amended
    Petition.)
    The Agency’s Recommendation shows agree-
    ment with this.
    21—319

    —4—
    5.
    National will have completed this compliance
    plan,
    at a cost of $100,000,
    by September
    1, 1976.
    The compliance schedule is as follows:
    By
    Preparation of final engineering
    2/1/76
    and formal quotations based on
    stack tests.
    2/1/76
    Submit for construction permits
    to
    Environmental Protection Agency,
    3/1/76
    State of Illinois.
    Submit appropriation request with
    formal quotations and engineering
    justifications
    to Board of Directors,
    Midland-Ross Corporation.
    3/1/76
    Installation of sheet metal canopies
    to
    and associated ductwork, pneumatic
    8/1/76
    piping and electrical controls.
    8/1/76
    Startup of equipment and debugging.
    to
    9/1/76
    The only other issue bearing on our decision here,
    raised in
    the Agency’s Motion to Dismiss of October
    27,
    1975,
    is the delay by
    National
    in seeking the instant Variance.
    National’s brief on that
    Motion to Dismiss claims that the company was unaware of any possible
    violations before the issue was raised by the Agency’s inspectors,
    after which the company proceeded quickly to determine the extent
    of the violations and seek this Variance.
    We find that the delay
    is not unreasonable, and will grant the Variance.
    As conditions
    to the Variance, we shall require the following:
    1.
    A performance bond,
    in the the amount of
    $50,000, to assure completion of the work required
    under National’s compliance plan.
    2.
    Application by National for all applicable
    construction and operating permits.
    3.
    Reports to the Agency on progress towards
    compliance.
    4.
    Upon completion of the work required by
    the compliance plan,
    complete and thorough emission
    tests
    to show compliance, with reports on those tests
    to be submitted to the Agency.
    5.
    A standard certificate of acceptance.
    21—320

    —5—
    6.
    To the extent practical under construction
    conditions, National must continue during the Variance
    the use of its existing baghouse
    system, and take
    whatever other steps to limit particulate emissions
    during the construction period.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board in this matter.
    ORDER
    IT
    IS THE ORDER OF THE POLLUTION CONTROL BOARD THAT Petitioner
    National Castings Division of the Midland-Ross Corporation be granted
    a Variance for its Melrose Park foundry from the particulate limita-
    tions of Rule 203(a)
    of Chapter
    2: Air Pollution,
    from June
    1, 1975,
    until September
    1,
    1976,
    subject
    to
    the
    following conditions:
    1.
    Petitioner
    shall, within thirty
    (30) days of the date of
    this Order,
    post a performance bond in the amount of Fifty Thousand
    Dollars
    ($50,000)
    to assure completion of the work contemplated in
    the foregoing Opinion.
    Such bond will be in a form acceptable to
    the Environmental Protection Agency and shall be sent to:
    ENVIRONMENTAL PROTECTION AGENCY
    Control Program Coordinator
    Division of Air Pollution Control
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    2.
    Petitioner shall, within thirty
    (30) days of the date of
    this Order,
    apply to the Environmental Protection Agency for all
    applicable construction
    and operating permits for its Melrose Park
    facility.
    3.
    By the 10th day of June,
    July, August and September,
    1976,
    Petitioner
    shall submit to the Environmental Protection Agency at
    the above address written reports detailing all progress toward
    completion of its Compliance program with regard to Rule
    203(a),
    4.
    Within thirty
    (30) days of the completion of its compliance
    plan or by September
    30,
    1976,
    whichever
    is earlier, Petitioner
    shall
    sample emissions from its baghouses
    in a manner acceptable
    to the
    Environmental Protection Agency,
    the results of such sampling to be
    submitted
    to the Agency within
    30 days thereafter.
    Petitioner
    shall
    notify the Agency at least
    30 days prior to such sampling, and shall
    allow representatives
    of the Agency to monitor such sampling.
    21—321

    —6—
    5.
    Petitioner shall, within thirty
    (30)
    days
    of the date of
    this Order,
    execute and forward to the Environmental Protection
    Agency at the above address,
    a certificate of acceptance
    in the
    following form:
    I,
    (We),
    _________________________
    having read
    the Order of the Illinois Pollution Control Board
    in case No.
    PCB 75-397,
    understand and accept said
    Order, realizing that such acceptance renders all
    terms and conditions thereto binding and enforceable.
    SIGNED
    TITLE
    DATE
    6.
    Petitioner shall operate its existing baghouses and other
    particulate emission control equipment,
    and take all other reasonable
    measures during the period of this Variance to limit its particulate
    emissions as are practical during construction required under its
    compliance plan.
    Mr. Jacob Dumelle dissented.
    Mr.
    Irvin Goodman abstained.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order were
    adopted on the
    ~
    day of
    ,
    1976, by a vote of
    3.~/
    Illinois Pollution
    :rol Board
    21—322

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