ILLINOIS POLLUTION CONTROL BOARD
    August 13,
    1992
    IN THE MATTER OF:
    )
    )
    PETITION OF ELIZABETH STREET
    )
    FOUNDRY, FOR AN ADJUSTED
    )
    AS 91-5
    STANDARD FROM 35
    ILL. ADM.
    )
    (Adjusted Standard)
    CODE 212.321
    )
    RICHARD J. TROY AND PETER J.
    TROY APPEARED ON BEHALF OF THE
    PETITIONER.•
    JANET A. MAGNUSON AND KATHLEEN C. BASSI APPEARED ON BEHALF OF THE
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.
    OPINION AND ORDER OF THE BOARD
    (by G.
    T.
    Girard):
    On June 14,
    1991,
    Elizabeth Street Foundry (Elizabeth
    Street)
    filed a petition with the Board seeking an adjusted
    standard pursuant to Section 28.1 of the Illinois Environmental
    Protection Act
    (the Act).
    (Ill.
    Rev.
    Stat.
    1991,
    ch.
    111 1/2,
    par.
    1028.1.)
    Elizabeth Street
    is seeking an adjusted standard
    from the Board’s regulations limiting particulate matter
    emissions from New Process Sources, specifically from Section
    212.321.
    (35 Ill. Adm.
    Code 212.)
    This
    is the second adjusted
    standard sought by Elizabeth Street for this facility and the
    facility is subject to an enforcement action before the Board.
    (See Petition of Elizabeth Street Foundry AS 89-2; and IEPA v.
    Elizabeth Street Foundry,
    Inc. PCB 86—161.)
    On July 17,
    1991,. the Illinois Environmental Protection
    Agency
    (Agency)
    filed its response to the petition recommending
    that the Board deny the petition.
    On May
    1,
    1992,
    a hearing was
    held in Chicago,
    Illinois.
    No members of the public were present
    at that hearing.
    BACKGROUND
    As previously noted this is the second adjusted standard
    sought for petitioner’s
    facility.
    On August
    8,
    1991, the
    petitioner filed a motion to ‘incorporate the record of the
    previous adjusted standard proceeding, AS 89-2,
    into this record.
    The Board grants that motion.
    Elizabeth Street
    is a small operation which has been facing
    difficult financial times.
    According to the Petitioner, the
    foundry has been in Chicago at the same location for 100 years
    and currently employs 25 or 26 persons who work an average of 25
    0135-0391

    2
    to 30 hours a week.
    (Tr. at 16.)’
    The foundry produces a
    specific product at the request of a particular customer who
    furnishes the molding pattern and specifications of the type of
    iron
    (alloy contents etc.)
    to be used.
    At most the pouring
    process occurs every other day.
    (Tr.
    at 15-16.)
    The foundry has
    stayed substantially the same since World War I except for an
    office area which was
    destroyed by fire in 1978.
    (See Petition
    of Elizabeth Street Foundry AS 89-2, January 24,
    1991.)
    PROPOSED ADJUSTED STANDARD
    Elizabeth Street proposed that the Board adopt the following
    adjusted standard:
    For iron foundries with a cupola process
    weight less than or equal to 2.25 tons per
    hour and which do not melt iron more than six
    hours per day and not more frequently than
    once every other day, and which are located
    in an area where both the Total Suspended
    Particulate and PM1O Particulate Fraction
    Ambient Air Quality Standard is being met,
    the maximum allowable emission rate is 11.5
    pounds per hour.
    DISCUSSION
    Section 28.1 of the Act allows
    ,in pertinent part,
    for an
    adjusted standard from a rule of general applicability upon
    adequate proof that:
    1.
    factors relating to that petitioner
    are substantially and significantly
    different from the factors relied
    upon by the Board
    in adopting the
    general regulation applicable to
    the petitioner;
    2.
    the existence of those factors
    justifies an adjusted standard;
    3.
    the requested standard will not
    result in environmental or health
    effects substantially and
    significantly more adverse than the
    effects considered by the Board in
    adopting the rule of general
    applicability; and
    1
    The transc’~
    .3t is cited as “Tr.
    at
    “,
    the petition is
    cited as “Pet.
    at
    ~-,
    the petitioner;’s response is cited as “Pet.
    Res. at
    and the Agency’s comment is cited as “Ag.
    Com.
    at
    “.
    0135-0392

    3
    4.
    the adjusted standard is consistent
    with any applicable federal law.
    Elizabeth Street states:
    “fat
    the time the Board
    promulgated Section 212.321 it considered that persons
    constructing new process sources could avail themselves of the
    latest technologies and incorporate such technologies in the
    design of the facility.”
    (Pet. at 2.)
    Elizabeth Street then
    points out that its facility is over 100 years old, and the
    existing facility location and plant layout makes it physically
    impossible to retrofit the cupola with emission control equipment
    without undertaking major construction.
    Elizabeth Street thus
    maintains that “s)pace
    and location constraints
    .
    .
    .
    are
    factors substantially and significantly different from the
    factors relied upon by the Board” when adopting Section 212.321.
    (Pet.
    at 3.)
    Elizabeth Street has estimated that the cost of installing
    emission control equipment at its facility would be in the range
    of $300,000.
    (Pet. at 12)
    In this regard, Elizabeth Street has
    stated that its earnings during the last taxable year was only
    $8,863, and that the installation costs would be beyond its
    resources.
    Elizabeth Street has indicated that the only viable
    alternative to complying with the regulations would be to dismiss
    all the workers and close the plant
    (Pet.
    at 12).
    Thus,
    Elizabeth Street argues the existence of these factors justifies
    the granting of an adjusted standard.
    With regard to the final two factors, Elizabeth Street
    argues that the foundry only emits particulate matter every other
    day for a limited amount of time
    (5—6 hours).
    Therefore,
    according to Elizabeth Street the actual emissions from the
    source are significantly lower than the potential emissions from
    the source if the plant
    is operated round—the-clock in compliance
    with the allowable emission rate.
    (Pet.
    at
    6)
    Further, Elizabeth
    Street argues that data obtained from the Agency indicates that
    TSP (total suspended solids)
    averages decreased consistently at
    the closest monitoring station every year since 1981 and that the
    primary ambient concentrations have been below the primary
    ambient air quality standard through 1989.
    The average for PM1O
    (particulate matter which measures less than 10 microns) have
    also been significantly below the ambient air quality standard.
    (Pet.
    at 8.)
    For these reasons Elizabeth Street maintains there
    would be no negative impact if the adjusted standard were
    granted.
    (Pet.
    at 8.)
    The Agency in its response opposed the granting of the
    adjusted standard and in fact filed a motion to ~ismiss this
    proceeding on the basis that the adjusted standard would not be
    acceptable under the federal Clean Air Act provisions and that
    the adjusted standard would result in an increase in emissions.
    The Board has previously denied that motion to dismiss.

    4
    (Elizabeth Street Foundry, AS 91—5, March 11, ~92.)
    However,
    at
    hearing the Agency introduced testimony by Mr. Berkley Moore, an
    Environmental Specialist with the Agency.
    Mr. Moore testified as
    to which issues the Agency believes should bear the most weight
    in the Board’s consideration of Elizabeth Street’s request.
    Mr.
    Moore outlined four factors:
    1.
    Although Section 106.705(g) of the
    Board’s regulations requires Petitioner
    to adequately quantify the impact on the
    environment if Petitioner were to comply
    with the regulation of general
    applicability as compared to complying
    only with the proposed standard,
    Petitioner, has not done this.
    2.
    Although the Board adopted regulations
    on April
    12,
    1972 designed to require
    all foundry cupolas to control
    particulate matter emissions by December
    31,
    1973,
    at the latest, Elizabeth
    Street Foundry has never done so.
    3.
    The relatively small size and infrequent
    operating schedule of Petitioner cupola
    as compared to other cupolas in the
    State result in relatively small
    emissions as compared to those other
    cupolas.
    4.
    Granting the petition will not result in
    an increased likelihood of causing or
    contributing to a violation of the
    Ambient Air Quality Standard for
    particulate matter because of the
    proposal’s limitations on hours of
    operation.
    (Tr.
    at 28-29.)
    Mr. Moore testified that “(b)ecause the Agency believes that
    the Board would wish to have an analysis of the quantitative
    impact which Petitioner did not provide, the Agency has
    undertaken a brief analysis of such impact”.
    (Tr. at 30.)
    Mr.
    Scott Leopold, an Environmental Protection Specialist with the
    Agency, performed the modeling analysis on the impact of a
    relaxation of particulate emission limitations as proposed by
    Elizabeth Street.
    (Tr. at 20.)
    Mr. Leopold testified that the
    modeling analysis was designed to address two questions.
    The
    first is an assessment of the benefit that would be derived by
    installing control equipment so that the source would be in
    compliance with existing TSP limitations.
    The second is to
    determine the impact of the adjusted standard on~the PM1O air
    quality on a 24-hour basis to determine whether or not the
    adjusted standard would result in a degradation of PM1O air
    quality.
    (Tr. at 21.)
    0135_Q39t~

    5
    Mr. Leopold stated that the modeling assessment indicates
    that if control measures were instituted by Elizabeth Street, the
    effect would be a 10 ug/m3 improvement in PM1O air quality.
    (Tr.
    at 24.)
    Mr. Leopold further stated that the analysis
    “demonstrates that the relaxation of the particulate limit in
    conjunction with the limitation on operating hours will not
    result in a SIP deficiency,
    since the modeled air quality impacts
    from the facility are not significantly higher”.
    (Tr. at 26.)
    Mr. Moore summarized the conclusions of the Agency regarding
    the modeling by stating:
    While it
    is true petitioner’s proposed limit
    on hours of operation will obviate an
    otherwise increased likelihood of violating
    the air quality standards,
    it cannot be
    denied that the proposed relaxation will
    result in actual air quality that is
    significantly worse than it would be were the
    cupola to comply with Section 212.321.
    (Tr.
    at 32.)
    Mr. Moore also addressed the remaining three factors in his
    testimony.
    He noted the small size of the cupola and stated
    that:
    It is,
    in fact, so small that its
    uncontrolled particulate emissions are less
    than one sixth of those of the two cupolas in
    one of the state’s larger foundry operations,
    even those larger emissions are well
    controlled.
    (Tr. at 35.)
    He further stated:
    If the Board does not promulgate Petitioner’s
    proposed regulation,
    Elizabeth Street Foundry
    would have to either install particulate
    control equipment or close down.
    In either
    case,
    a significant improvement in air
    quality would result.
    If, however, the Board
    grants the regulatory relief, actual air
    quality in an area that already meets the
    PM1O air quality standards will not or could
    not get worse.
    In addition Elizabeth
    Street’s emission
    sic
    are truly much
    smaller than those of most foundries.
    (Tr.
    at 36—37.)
    Elizabeth Street stated
    in its response to Agency final
    comments that the Agency was correct in that it did not
    0135-03.95

    6
    adequately quantify the impact of the proposed standard on the
    environment.
    (Pet. Res. at
    1.)
    However, Elizabeth Street
    maintains that its failure to do so was a result of its financial
    plight.
    Elizabeth Street is willing to accept the Agency’s
    analysis on the issue of the impact to the environment.
    CONCLUSION
    Section 28.1 of the Act allows for an adjusted standard from
    a rule when certain conditions have been met upon adequate proof
    by the petitioner.
    Following a careful review of the record, the
    Board will grant the requested adjusted standard.
    The Board finds that the circumstances surrounding the
    petitioner are substantially and significantly different from the
    factors relied upon by the Board when adopting the general
    standard.
    Elizabeth Street is unique in its small size and also
    in that the location of the foundry makes the use of certain
    emission controls cost prohibitive.
    In addition, the foundry has
    a long history of financial plight and the cost of placing
    emission control devices could cause the closing of the foundry.2
    Further, the Board finds that these factors justify the granting
    of an adjusted standard, when combined with the finding that the
    requested standard will not result
    in substantial environmental
    or health effects.
    Despite the Agency’s position that it does not support
    granting the adjusted standard, the Agency points out that the
    small size and infrequent operating schedule of the petitioner’s
    cupola will result in relatively few emissions.
    (Ag. Com. at
    6.)
    Further, although Elizabeth Street did not adequately
    quantify the environmental impact that compliance with the
    general standard would have,
    the Agency offered for the Board’s
    consideration a modeling analysis.
    The analysis clearly
    indicates that if the foundry met the standard of general
    applicability there would be a corresponding improvement in air
    quality.
    However, that is true in every case where an adjusted
    standard is sought for air.
    More significantly the modeling
    indicates that a granting of the adjusted standard will not
    result in a worsening of the air quality.
    (Tr. at 26).
    Therefore,
    the Board finds that the environmental and health
    effects are not substantially or significantly more adverse than
    the effects considered by the Board when adopting the general
    standard.
    Neither the petitioner nor the Agency has stated whether the
    2
    The Board notes that when granting permanent relief the
    Board does not view the financial plight of a petitioner as
    dispositive.
    (See Elizabeth Street Foundry,
    AS 89—2.)
    OI35_Q3g~

    7
    adjusted standard is cons.istent with federal
    law.
    However, the
    Agency has indicated that granting the adjusted standard will not
    result in violation of the national ambient air quality
    standards.
    (Tr.
    at 29).
    Therefore,
    after reviewing all of ‘the
    factors, the Board will grant the requested adjusted standard.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law.
    ORDER
    The Board hereby grants Elizabeth Street Foundry an adjusted
    standard from 35
    Ill. Adm. Code 212.321 with the following
    conditions:
    For iron foundries with a cupola process
    weight less than or equal to 2.25 tons per
    hour and which do not melt iron more than six
    hours per day and not more frequently than
    once every other day,
    and which are located
    in an area where both the Total Suspended
    Particulate an ~Ml0 Particulate Fraction
    Ambient Air Quality Standard is being met,
    the maximum allowable emission rate is 11.5
    pounds per hour.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act
    (Ill.Rev.Stat.
    1991,
    ch.
    111 1/2, par.
    1041) provides for the
    appeal of final orders, of the Board within 35 days.
    The Rules of
    the Supreme Court of Illinois establish filing requirements.
    (But see also
    35
    Ill. Adm. Code 101.246, Motions for
    Reconsideration, and Castenada v.
    Illinois Human Rights
    Commission
    (1989),
    132 Ill.2d 304,
    547 N.E.2d 437).
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, do hereby cert~ythat the aboye opinion and order was
    adopted on the
    /3
    ~
    day of
    C4~_4t~~_~*
    ,
    1992,
    by a
    vote of
    “7—c
    .
    Dorothy M. ,~nn,Clerk
    Illinois Pollution Control Board
    0135-0397

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