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.
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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.
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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.
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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.
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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.
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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
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