ILLINOIS POLLUTION CONTROL BOARD

July 24,

1980

NIEDUSA AGGREGATES COMPANY,

Petitioner,

v.

)

PCB 80—55

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

OPINION

AND

ORDER OF THE BOARD

(by

I.

Goodman):

The Petitioner, Medusa Aggregates Company, on April 28,

1980

filed an Amended Petition for Variance from Rules

203(b)

and

203(f)

of Chapter

2:

Air Pollution Control Rules and

Regulations.

Rule 203(b) establishes particulate emission

limitations

for existing sources.

However,

Petitioner’s fine

grind operation, which commenced in the Autumn of 1972,

is a new

emission source and therefore

is regulated by Rule 203(a).

The Board,

therefore,

construes Petitioner’s variance request to

be seeking relief from Rule 203(a) and Rule 203(f).

Petitioner has waived a hearing

in this matter.

The

Illinois Environmental Protection Agency

(Agency) recommends that

Petitioner be granted a variance from Rules 203(a) and 203(f)

of

Chapter 2 until September 30,

1980,

subject to specific

conditions.

Petitioner owns and operates a limestone quarry and a

processing facility located approximately

5 miles west of

Kankakee which dries and grinds agricultural limestone.

Approximately

26 tons of limestone are ground per hour.

Stone

dust emissions are channeled through a cyclone separator that has

an estimated 70

efficiency,

and remaining emissions are filtered

through a baghouse collection system before being emitted into

the atmosphere.

Since May,

1978,

the baghouse filter has not operated

correctly;

consequently, the filter has been bypassed in order

to

maintain production.

The Agency has estimated that 46.8 pounds

of dust per hour are emitted into the atmosphere when the filter

is bypassed.

Petitioner, despite several attempts, has not

succeeded

in repairing the filter and particulates well in

excess of the Rule 203(a)

limitations

(14.47 pounds per hour)

continue to be emitted.

Petitioner’s facility

is located in a rural area in

Limestone Township,

a primary national ambient air quality standards

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—2—

attainment

area

for

total

suspended

particulates

(TSP).

The

monitoring

station

nearest

to

the

facility,

located

approximately

10

miles

northe9t

of

the

facility,

recorded

annual

geometric

means of 70 ug/m

and 64 ug/m

for TSP in 1978 and 1979 respectively.

Petitioner’s original variance petition described the various

changes that were made after consultation with engineers representing

the manufacturer of the filter.

Several engineering alternatives

were implemented in accordance with the instructions of the

consultants without success.

These remedial actions included

changes in the types of bags used, equipment modifications,

increasing purge air pressure,

installation of a new purge air

fan motor,

extending the pipe inlet to the purge air fan, and

changes in ventilation.

Petitioner’s program to achieve compliance with the TSP

emission limitation in Rule 203(a),

set forth in its amended

petition, includes raising the temperature of filter bags during

purge and installing high temperature filter bags.

If these

steps are unsuccessful,

the program requires the installation of

a new high pressure purge filter baghouse system by September 30,

1980.

The Board finds the compliance program and time schedule

reasonable and, therefore, will grant

a variance through September

30,

1980.

To deny

a variance would impose an unreasonable hardship

upon Petitioner in light of its substantial and good faith efforts

to achieve compliance and in light of the minimal adverse effects

on the environment.

Variances

from the Board’s air regulations may be granted

only if they are consistent with the Clean Air Act,

42 U.S.C.

§7401, et !~I• The Agency intends to submit any variance granted

herein to the U.

S. Environmental Protection Agency as a revision

to the State Implementation Plan

(SIP) pursuant to 42 U.S.C.

§7410(a)(3).

Such submittal will cause this variance to be

consistent with the Clean Air Act upon approval by the U.

S.

Environmental Protection Agency as

a revision to the SIP.

Petitioner,

however, may become subject to noncompliance penalties under

42

U.S.C.

S7420 if the terms and conditions of this variance are not

met.

The Board has considered all the facts and circumstances

bearing upon the reasonableness of the emissions involved,

including

an objection to the petition filed by one of Petitioner’s neighbors.

if Petitioner follows the Order herein,

the amount of dust reaching

the neighbor’s property should be minimized to the extent that it

is technologically feasible to do so.

This Opinion constitutes the findings of fact and conclusions

of law of the Board in this matter.

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—3—

ORDER

It is the Order of the Illinois Pollution Control Board that

Medusa Aggregates Company be granted a variance from Rules

203(a)

and 203(f)

of Chapter

2,

the Board’s Air Pollution Control Rules

and Regulations, through and including September 30,

1980 under

the following conditions:

1.

Medusa Aggregates Company shall enact the

following compliance plan:

a.

By June 13,

1980,

raise the temperature of

filter bags during purge.

b.

By July 11,

1980,

install high temperature

filter bags.

c.

By September 30,

1980,

if steps

(a) or

(b)

are unsuccessful,

install

a new high pressure purge

filter baghouse system.

2.

Within 21 days of the date of this Order, and

every month thereafter,

Medusa Aggregates Company shall submit

written reports detailing the progress made in achieving

compliance with Rules 203(a)

and 203(f)

of Chapter

2:

Air

Pollution Control Rules and Regulations to the Illinois

Environmental Protection Agency, Division of Air Pollution

Control, Control Program Coordinator, 2200 Churchill Road,

Springfield,

Illinois,

62706 and to the Illinois Environmental

Protection Agency, Division of Air Pollution Control Region I,

Field Operators,

1701 South First Avenue,

Maywood,

Illinois

60153.

3.

On or before September 30,

1980,

Medusa Aggregates

Company shall conduct a stack test and shall notify the Illinois

Environmental Protection Agency at the addresses above

in writing

at least

7 days prior

to testing to allow Agency representatives

to witness the test.

r4edusa Aggregates Company shall submit all

results of such test to the Agency at the addresses above on or

before October 15,

1980.

4.

Medusa Aggregates Company shall execute

a

Certification of acceptance of the terms and conditions of this

variance within 45 days of the date of this Order and shall

send

copy of the executed Certification

to the Agency at the addresses

above.

The 45-day period shall be held in abeyance during any

period that this matter is being appealed.

Certification shall

be in the following form:

CERTIFICATION

I

(We),

,

having

read and fully understanding the Order

in PCB 80—55, hereby

accept that Order and agree to he bound by its terms and

conditions.

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—4—

Signed

Title

Date

I,

Christan

L.

t4offett,

Clerk

of

the

Illinois

Pollution

Control

Board,

hereby

ce,rtify

that

the

above

Opinion

and

Order

were adopted on the

I~~’.&’~

day of

______________,

1980 by

a vote of

S~

.

Christan L. Moffe~.tyJClerk

Illinois Pollution’~ntrolBoard