ILLINOIS POLLUTION CONTROL BOARD

September 7,

1978

UNITED

STATES

STEEL

CORPORATION,

)

)

Petitioner,

)

v.

)

PCB 77—327

)

ENVIRONMENTAL

PROTECTION

AGENCY,

)

Respondent.

OPINION

AND

ORDER

OF

THE

BOARD

(by

Mr.

Goodman):

On

December

9,

1977

United

States

Steel

Corporation

(USS)

filed

this

Petition

for

Review

of

Permit

Denial

alleging

that

the

Illinois

Environmental

Protection

Agency

(Agency)

wrongfully

denied

its

operating

permit

application

for

the

blast

furnace

facility

located

at

its

South

Works

Plant,

Chicago,

Illinois.

A hearing was held in this matter on March

15,

1978,

at which time it was decided that a Stipulation of Facts would

be filed with the Board for its consideration.

No members of the

public were present at the hearing, and the Board has

received

no public comment in this matter.

On August

7, 1978 the parties herein filed a Stipulation of

Fact before the Board.

Review of the Stipulation shows that there

is no issue of fact in this case but rather a question of interpre-

tation of the Board’s regulations.

The facilities

in question are

four blast furnaces used by USS for the purpose of producing

molten iron to be used in the company’s steel making process.

The

emissions in question are produced only during the tapping of molten

iron into ladle cars which transport the iron to the steel-making

furnaces.

These emissions occur in what is known as the cast house

and escape to the atmosphere by way of roof monitors,

doors,

and

other openings in the building.

The Agency contends that USS has

failed to demonstrate compliance with Rule 203(a)

of Chapter

2

of the Board’s Air Pollution Control Regulations.

USS on the other

hand contends that its casting emissions are fugitive emissions

and are therefore governed by Rule

203(f)

rather than the process

weight limitations of Rule 203(a)

or

(b)

and that the blast furnace

casting emissions comply with the requirements of said Rule 203(f).

31—359

---

—2—

The Agency in this case has produced no argument concerning

the applicability of Rule 203(a) or

(b)

to the subject emissions.

The

only indication of the Agency position is contained in the

Stipulation of Fact wherein the Agency states that since 1977 the

Agency has taker~cast house emissions into consideration in each

basic iron blast furnace.

The Agency stated that henceforth it

will require controls on the particulate emissions generated during

casting when such casthouse emissions result in a violation of

Rule 203 as determined utilizing an emission factor reported in

1977 by the United States Environmental Protection Agency, i.e.,

0.3 pounds per ton of metal tapped.

It is, of course,

clear that the mere determination of an

emission factor for a process does not suddenly change the nature

of the emissions from that process from fugitive emissions to stack

emissions,

etc.

Whether or not emissions are fugitive in nature

is determined by their physical characteristics,

not by whether

someone has been able to estimate an emission factor for them.

Rule

203(f)

appears to the Board to be very straight forward.

It sets a

separate standard for fugitive—type emissions but includes a proviso

that says,

in effect,

if the emissions can be readily collected and

treated, they shall fall under 203(a)

and

(b) regardless of whether

they are not presently thus collected or whether it is industry’s

practice to thus collect them.

In this case there is an unfortunate

lack of information concerning the conditions surrounding the

casting operation.

It is within the Board’s knowledge that a

casting operation could entail everything from a short tapping

operation into a ladle which might easily be controlled all the

way to a very widespread operation containing literally acres of

area which would indeed result in fugitive-type emissions.

Utilizing what information

is before us

in this case, the

Board finds that the mere presence of an emission factor in one

operation does not in and of itself provide the Agency with enough

evidence to deny the USS permit application in this case.

The only

information before the Board at this time indicates that the casting

operation at the blast furnace facility results in a fugitive-type

emission of particulate matter which should be governed by Section

203(f)

of the Regulations.

The Board finds that the Agency erred

in its denial of the USS permit application for its blast furnaces

and will,

therefore, order a permit to issue pursuant to said permit

application.

At the hearing held herein counsel for the Agency renewed

a prior motion to dismiss.

The Board hereby affirms its prior

denial of said motion.

31—360

---

This Opinion constitutes the findings of fact and conclusions

of law of the Board in this matter.

ORDER

It is Order of the Pollution Control Board that the Illinois

Environmental Protection Agency’s denial of United States Steel

Corporation’s permit application, number D07040062,

to operate

blast furnaces

number

8,

10,

11 and 12 at the South Works Plant,

Chicago,

Illinois,

be reversed and that the Illinois Environmental

Protection Agency issue said operating permit.

I,

Christan

L.

Moffett,

Clerk

of

the

Illinois

Pollution

Control Board here~ycertify the ab ye Opinion and Order were

adopted on the

I

day of

~

1978 by a vote

o~~iyq~

Christan L. Moff

Clerk

Illinois

Pollutio

ontrol

Board

31—361