ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    March
    17,
    1971
    Gr’~on1eeFoundries,
    Inc.
    )
    )
    vs.
    )
    DCB 70—33
    )
    Environnental Protection Aqencu
    )
    Oninion of the Board
    (By Mr. Kissel):
    On October 28, 1970, Creenlee Foundries, Inc., Cicero, requested
    a variance from the Pollution Control
    Board
    to operate in violation
    crc
    the Rules and Rertulations ‘overninq Air Pollution, especially as
    tt,
    narticulnte enissions, until Anril 30,
    1971.
    The ~etitionersought
    this variance in order to onerate its olant with the existing cupola
    as its “rinary neltinci source until an electric arc furnace installation
    v.is connloted.
    The statutory provision requiring Board action in
    variance cases within 90 days of
    filinç’ has been waived due to several
    continuations rec!uested by the notitioner, includina one to conduct
    .‘
    stack omission test on the cunola.
    After a hearina on the petition,
    the Board has agreed to arant the variance subject to certain terms
    and conditions.
    Zreenlee Foundry Co.,
    a qrey and ductile iron jobbing foundry,
    er’loys a-proximately 85
    neople
    in a nlant located in the midst of a
    pri’tarily industrial area beside the Belt Line Railroad in Cicero.
    ireenleo melts between 20 and 30 tons of
    metal
    a day, nroducina
    castin7s tzeighinq fron 3 to 30,000 oounds.
    The melting is nresently
    accom’,lished
    with
    the aid of a coke—fired cunola.
    The melting nrocess,’
    when uncontrolled, discharc’es fly ash, other oarticulates and carbon
    nonoxide through the cunola.
    Accordin-r to Table II o! Rule 2-2.54 of
    the Rules and Reç’ulations CoverMni Air ~ollutionthe
    maximum
    allowable
    emission
    rate
    from
    a
    foundry
    such as Greenlee ‘s, operating with a load
    of 18,000 lbs./hr.
    is 23.40 lbs./hr.
    On the basis
    of a
    July, 1967,
    reort to the Illinois Air pollution Control Board, Greenlee ±tself
    estimated that its cunola was emittina 70 lbs./hr. of narticulate
    ntter.
    Subseauent to that renort, Greenlee installed a wet cap on
    the cu~ola;as both the
    °resident
    of Greenlee and the Plant Manager
    conceded, the primary reason for
    the
    installation
    of
    the
    wet
    cap
    was
    to ‘revent snarks enanatina from the oneration of the cunola from
    snreadinq to nearby buildinqs.Ot.58,
    172) Mr. John Johnson, the Plant
    :lanager, estimated that emissions with the wet cap were less than 20
    lbs./hr.
    (R. 25
    )
    Otto Klein, an Environmental Control Engineer
    with the Environmental Protection Agency, seriously disnuted the
    1-309

    effectiveness
    of Greenlee!s wet can in the control of air nollution.
    (R.373-5)
    Further,
    the U.
    S. Deoartment of Health,
    Education
    &
    Welfare
    publication,
    Compilation of Air Pollutant Emission Factors, estimates
    that uncontrolled emissions
    from the cunola would be
    157 lbs./hr.,
    and with
    a wet cap,
    75 lbs./hr.
    A stack emission test by Greenlee was
    unsuccessful
    since it could not be conducted in accordance with the
    ASME Power Test Code 27-1957.
    To control the emissions from its melting orocess, Greenlee
    proposes
    to replace the cupola with an electric
    arc
    furnace.
    Emissions from the furnace will be
    to
    a bag collector of 30,000 cfm
    capacity, with eventual discharge
    to ruoture—oroof plastic bacs.
    The
    furnace was
    to have been
    in place by February
    28,
    1971;
    Greenlee
    requests
    a 60-day start-up period from
    that date within which to operate
    the cupola in conjunction with
    the furnace
    and to train nersonnel
    in
    the operation of the furnace.
    In its recommendation,
    the Agency asks
    the Board
    to order the
    total cessation of the oneration of the cunola
    upon the completion of
    the installation
    of the electric-furnace until
    the cupola is brought into compliance with
    the anolicable
    Rules and
    Regulations.
    In order to grant
    a variance under the Environmental Protection
    Act,
    the Board must
    find that compliance with its rules
    and regulations
    or with the statute would impose an “arbitrary
    and unreasonable
    hardship” upon the netitioner.
    If
    the elant were forced
    to cease
    operations between now and
    the end of April,
    this would mean
    a severe
    loss of business
    to
    a company in an already marginal industry;
    many
    customers might withdraw their patterns from Greenlee
    and would most
    probably never return with their business.
    Also~ a large number of
    the employees would have to be laid off until
    a sufficient number
    were trained to operate the electric furnace.
    Nor is sufficient capital
    available
    to Greenlee
    to finance operation
    when,
    in effect,
    it would
    be manufacturing no products.
    As
    N,
    G. G:eenlee,
    ‘~residentof
    Greenlee Foundries,
    Inc.,
    stated,
    such
    a shutdown wnuld
    drive hin out
    of business.
    (R,
    115)
    Further,
    it does
    not annear that
    this plant’s
    emissions over such
    a short period of time would cause appreciable
    injury or nuisance to any of the nearby residents,
    Greenlee
    is
    therefore free
    to operate its cupola until April 3O~ 1971.
    Such
    grant, however,
    is
    subject to certain conditions.
    On the
    day of the hearing,
    the Agency~s recommendation included
    a request
    that
    the Board penalize Greenlee $10,000
    for dilatory tactics
    in
    bringing its
    facility into comoliance.
    The
    legal puestion of whether
    such
    a request constituted
    “surprise”
    and violated Greenlee’s right
    to due process must first be resolved.
    First,
    the Agency’s
    allegation
    of delay was based solely on the documents which Greenlee itself had
    submitted over
    the years
    to the Air pollution Control Board and then
    1
    310

    to the EPA.
    Second,
    the hearinq stretched over
    10
    days
    and amoly
    enabled Greenlee to attempt to refute
    the Agency!s charges.
    No
    surprise therefore occurred and
    a full opPortunity to present
    a
    case
    in rebuttal was afforded.
    On July
    19,
    1967, Greenlee filed
    a letter of intent with
    the
    Air Pollution Control Board
    (APCB)
    indicating that it was formulating
    plans to investigate
    the replacement of
    its cupola with an electric
    furnace.
    Greenlee purchased said furnace in November,
    1967.
    On
    Aoril
    12,
    1968, Greenlee stated
    its proposed air contaminant emission
    reduction program
    (ACERP)
    as including the installation of an electric
    furnace with gas cleaning eciuipment;
    twelve months was
    the estimated
    completion
    time.
    On July
    1,
    1968, Greenlee informed
    the Technical
    Secretary of the APCB
    that the Board of Directors had anproved the
    hiring of an engineerinq
    firm, whose work they anticioated would be
    completed in two months.
    After the receipt of
    that renort,
    another
    6-8 months would he needed before the electric furnace could be started
    on.
    In other words,
    in 3u.ly,
    1968,
    the estimated comoletion date was
    ~fay, 1969.
    In August 1968,
    the APCB approved Greenlee’s ACERP.
    The
    Greenlee
    Board of Directors, however,
    had not
    yet aooroved
    the ACERP
    and
    this issue was
    to be submitted
    to them in January,
    1969.
    In
    January,
    Greenlee
    informed
    the
    Technical
    Secretary
    that
    the
    company
    had
    virtually
    stopoed
    work
    on
    its
    emission
    reduction
    prooram
    due
    to
    a
    fear
    that
    the
    rronosed
    Cross—Town
    Exoresswav
    minht
    run
    near
    or
    through
    the
    olant.
    ~‘1hen
    the
    A°CB incuired
    as
    to
    the
    status
    of
    Green1ee~s
    orogram
    in
    ~1arch,
    it
    was
    informed
    that
    installation
    of
    a
    wet
    cap was
    underway
    but
    that
    any
    orogress
    had
    stonned
    on
    the
    emission
    reduction
    erogram.
    In
    ~1av,
    1969,
    Greenlee
    determined
    that
    the
    Cross-
    fown
    posed
    no
    problem
    to
    the
    foundry.
    (P.
    132)
    Pinaily,
    or.
    July
    10,
    1969,
    che
    Board
    of
    Directors
    ancroved
    the
    installation
    of
    the
    electric
    furnace.
    On
    January
    22,
    1970,
    Greenlee
    informed
    the
    APC.B
    that
    they
    foresaw
    that
    the
    installation
    would
    be
    complete
    by Aunust,
    ‘970r
    and
    submitted
    an
    ACERB
    for
    that
    date.
    The
    ~.PCB
    aporoved
    Greenlee
    ‘s
    revised
    ACERB
    in
    Anril
    1970.
    Subsequently,
    Greenlee
    noted
    that
    heavy
    spring
    rains
    and
    the
    financial
    problems
    orecinirated
    by
    a Chicagoland
    truck
    strike
    had
    stalled
    the
    proiect
    once
    again.
    At
    this
    point,
    Greenlee
    was
    advised
    by
    the EPA
    cc
    file
    a
    variance
    petition
    before
    this
    Board.
    Thoug1~ Greenlee’s
    n~ost
    recent
    ACERP
    called
    for
    a
    completion
    date
    of
    August
    27,
    1970,
    this
    variance
    asks
    for
    yet
    a
    further
    extension
    until
    Aoril
    30,
    1971.
    This Board
    is
    then asked to approve
    a program
    initiated in
    1967, hut not coonleted
    until four years
    later.
    The
    record fully illustrates the
    ‘~stail”which Greenlee built
    into its
    orogram:
    submission of
    a ulan,
    APCB approval, then retreat by
    the
    I3oarc3.
    of
    Directors
    or
    by
    the
    President
    of
    Greenlee.
    Every possible
    excuse has been used to avoid compliance.
    Greenlee’s correspondence
    1
    ~31~

    to
    the APCB and the EPA is
    renlete with vague plans
    and indefinite
    promises.
    In considering
    a penalty for delay,
    this Board may only
    take into account Greenlee’s failure
    to meet the Auaust,
    1970, date
    proposed
    and approved
    in the ACERP and
    its delay since that date.
    Despite the August date,
    it has still taken Greenlee
    six more months
    to complete
    the furnace installation.
    In the interim, emissions have
    continued unabated from
    the Greenlee plant.
    As
    a nenalty for the
    dilatory tactics which Greenlee has employed, the Board assesses
    a
    fine of $2000.00.
    In determining the amount of the fine,
    the Board
    has taken
    into account the marginal,
    low-orofit nature of Greenlees
    business.
    The Board also
    finds
    in accordance with Section
    36 of
    the
    Environmental Protection Act,
    that such
    a cenalty
    is necessary
    to
    effectuate
    the
    policies
    of
    the
    Act.
    (See
    Marquette
    Cement
    Cc.
    v.
    EPA,
    BCE
    70-23).
    The
    Agency’s
    recommendation
    also
    asked
    that
    Greenlee
    submit
    a
    plan
    for
    the
    control
    of
    other
    particulate
    and
    gaseous
    emissions
    in
    other
    portions
    of
    its
    onerations,
    such
    as
    the
    ductile
    iron
    process,
    and
    the
    shakeout
    and
    cleanino
    areas.
    Greenlee
    offered
    rio
    evidence
    at
    the
    hearing
    regarding
    controls
    of
    such
    emissions.
    The
    Boards
    concern
    about
    all
    sources
    of
    air
    pollution
    dictates
    that
    control
    plans
    for
    all
    sources
    in
    the
    foundry
    operation
    be
    submitted
    to
    the
    EPA.
    Greenlee
    has
    asked
    the
    Board
    to
    consider
    the
    nature
    of
    its
    loan
    agreement
    before
    a
    bond
    is
    required
    to
    be
    posted.
    The
    Environmental
    Protection
    Act,
    however,
    requires
    that
    in
    the
    arant
    o~ a
    variance
    by
    the
    Board
    a
    sufficient
    performance
    bond
    or
    other
    security
    shall
    be
    posted
    as
    a
    condition
    of
    the
    variance.
    The
    above
    constitutes
    the
    Board’s
    findinos
    of
    fact
    and
    conclusions
    of
    law.
    The
    followinc
    order
    is
    hereby
    entered:
    1)
    Greenlee
    shall
    cease
    operation
    of
    its
    cupola
    as
    of
    Pa
    1.
    1971.
    The
    cuoola
    shall
    never
    he
    onerated
    again
    aftor that date.
    2)
    Greenlee
    is
    not
    to
    exceed
    in
    either
    Parch
    or
    Auril
    1971,
    the
    rated
    monthly
    caoacitv
    of
    the
    cupola.
    3)
    Greenlee
    shall
    remit
    to
    the
    Environmental
    Prote,~tion
    ~l:~ouc”
    the
    sum
    of
    $2000.00
    in
    oenalty,
    as
    a
    condition
    of tho varianca.
    4)
    Within
    30
    days
    from
    the
    entry
    of
    this
    order,
    °reeniee
    s’i:~11
    submit
    to
    the
    Environmental
    Protection
    Agency
    control
    ulans
    br
    ot.!iu
    sources
    of
    air
    contaminants,
    if
    any,
    emanatinc from
    its faci1~:ies
    5)
    Greenlee
    shall
    post
    with
    the
    Environmental
    h:ciectice i~or:
    on
    or
    before
    March
    30,
    1971,
    in
    such
    form
    as
    the
    Agency
    may
    fLr~d
    satisfactory,
    a
    personal
    bond
    or
    other
    adequate
    securi
    t;,
    in the
    of
    $2500.00,
    which
    sum
    shall
    be
    forfeited
    to
    the
    Statc
    c~ Illinois
    ~n
    1
    312

    the
    event
    that
    its
    plant
    is
    operated
    after
    May
    1,
    1971, in contravention
    of
    this
    variance,
    6)
    The
    failure
    of
    Greenlee
    to
    adhere
    to
    any
    of
    the
    conditions
    of
    this
    order
    shall
    be
    grounds
    for
    revocation
    of
    the
    variance.
    I,
    Regina
    E.
    Ryan,
    Clerk
    of
    the
    Pollution
    Control
    Board,
    certify
    that
    the
    Board
    adopted
    the
    above
    opinion
    and
    order
    this
    17th
    day
    of
    March,
    1971.
    ~:
    (
    .
    1—313

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