ILLINOIS POLLUTION CONTROL BOARD

October

28, 1971

ENVIRONMENTAL PROTECTION AGENCY

v.

)

#

71—101

BELOIT FOUNDRY CO.

Alvin Liedling, Assistant Attorney General,

for the Environmental

Protection Agency

Stanley Guyer for Beloit Foundry Co.

Opiniol) of the Board

(by Mr. Currie):

The parties have stipulated to the facts relative to this

Agency complaint.

Beloit Foundry operates

a grey

iron cupola in

South Beloit, presently equipped with a Schneibel Wet Collector.

Relying on the manufacturer~s guarantee, Beloit estimated particulate

emissions

at

24.8 pounds per hour, which,

as it read the regulations,

was

in compliance with

the limit of 25,10.

These figures were

reported to the Agency

in

a letter of intent filed as required,

but no program for achieving compliance

(Acerp)

was filed because

the company believed it was already complying.

In 1970 the company nevertheless employed

a commercial test-

ing company to perform a stack test, which revealed that the collector

was only 50

efficient and that therefore emissions

(180 lb/hr in

the absence of any controls) were substantially

in excess of those

permitted.

Moreover, the company

in fact misread the regulations,

so that even the emissions

as calculated on the basis

of the

guarantee were slightly in excess of the 20.7 lb/hr actually permitted.

Upon learning of the adverse stack test the company contracted

for the installation of

a baghouse and other equipment that ~hould

reduce emissions to the

low level of

3.35

lb/hr.

Completion

is

promised by March

20,

1972.

We note with pleasure that among the

equipment

is an afterburner that should reduce carbon monoxide

emissions even before

the adoption of our proposed regulation on

that subject.

That there has been

a violation of the regulations with respect

to

the filing of

a program and

to the emission of particulates

is

clear.

The question

is one of remedy.

A shutdown of the plant

is out of the question.

The pollution

is not that severe;

the plant

is relatively remotely situated

and

the neighbors do not object to allowing continued operation during

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the installation.

A shutdown would

put 190 people out of work

and cripple the company.

The parties have agreed that we should

allow operation while

the company pursues its program,

and we

shall

so order.

The remaining issue

is money penalties.

In light of

the

company’s good faith reliance on the manufacturer’s guarantee and

of its commendable action in proceeding with

a stack test and

with plans

to correct the deficiency,

we think

no such penalty

is necessary.

This opinion constitutes the Board’s findings of fact and

conclusions

of law.

ORDER

1.

Beloit Foundry Co.

shall cease and desist from particulate

emissions

in excess of those permitted by the Rules

and Regulations

Governing the Control

of Air Pollution by no later than March

20,

1972.

2.

Beloit Foundry Co.

shall pursue with diligence the control program

described

in the record.

3.

Within

35 days after receipt of

this order, Beloit Foundry

Co.

shall post with the Agency

a bond or other security in the

amount of $150,000

to assure compliance with the terms of this

order.

I.

Regina E.

Ryan, Clerk of the Pollution Control Board, certify

that the Board adopted the above Opinion this

28

day of

October

1971.

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