ILLINOIS

POLLUTION CONTROL BOARD

June

7,

1979

LISSNER CORPORATION,

Petitioner,

PCB 79—56

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION

AND

ORDER OF THE BOARD

(by Mr. Goodman):

On March 19,

1979,

Lissner Corporation

(Lissner)

filed a

petition for variance before the Board, requesting that the

Board extend a variance previously granted in PCB 78-207.

No

hearing has been held in this matter,

and the Board has

received no public comment.

Lissner operates a secondary aluminum smelter in Chicago,

Illinois.

A baghouse was installed to control emissions from

its reverbatory furnaces

in September,

1978.

Subsequent des-

truction of the fabric bags

inside the baghouses resulted in

an investigation which indicated that the contractor who in-

stalled the baghouse had failed to place

an epoxy cover coat

over a zinc chromate primer on the interior

of the baghouse.

Fumes and moisture entering the baghouse attacked the unpro-

tected primer resulting

in the formation of a zinc chloride

solution,

which in turn attacked the fabric bags.

Lissner

expects

to have the

condition

corrected and the baghouse back

on line by April

30,

1979.

In its recommendation the Agency

indicates that it believes Lissner has demonstrated satisfac-

tory progress during the prior variances

and recommends grant

of the requested variance.

The Board agrees that Lissner has shown satisfactory

progress during the time of the prior variances and that denial

of the requested variance would impose an arbitrary and un-

reasonable hardship on Lissner.

We will therefore grant the

extension requested while Lissner repairs its pollution control

equipment.

The variance from Rule 203(a) of Chapter

2:

Air

Pollution Control Rules and Regulations

(particulate emissions)

and Rule 202(b) of Chapter

2

(visual emissions)

shall

be gran-

ted until April 30,

1979.

The applicable conditions set forth

in the Board’s Order in PCB 78—207,

entered October

4,

1978,

which Order is hereby incorporated by reference

as

if fully

set forth herein,

shall be continued in effect.

34—19

---

—2—

This Opinion constitutes the findings of fact and

conclusions of law of the Board in this matter.

ORDER

Finding that Lissner Corporation

is currently unable to

comply with the Board~sRegulations,

it

is the Order of the

Pollution Control Board

that:

1)

Lissner Corporation be granted variance from Rules

202(b) and 203(a)

of Chapter

2:

Air Pollution

Control Rules

and Regulations until April 30,

1979,

subject to the following conditions:

a)

Lissner shall achieve compliance by April

30,

1979.

b)

Applicable conditions contained in the prior

Board Order in PCB 78-207, dated October

4,

1978,

shall continue

in effect.

c)

Lissner

shall report to the Illinois Environ-

mental Protection Agency when the baghouse is

finally

in operation.

d)

Within

45 days of the adoption of this Order,

Lissner Corporation shall

execute and forward

to the Illinois Environmental Protection

Agency,

2200 Churchill Road,

Springfield,

Illinois

62706 a Certification of Acceptance

and Agreement

to be bound to all terms and

conditions of this Order.

The 45 day period

shall

be held

in abeyance during any period

this matter is being appealed.

The form of

said certification shall

be as follows:

CERTIFICATION

I

(We),

_______________,

having read and fully under-

standing the Order of the Illinois Pollution Control Board

in PCB 79-56, hereby accept said Order and agree to be bound

by all of the terms and conditions

thereof.

SIGNED

___________________

TITLE ________________________

DATE ___________________________

2)

Lissner Corporation

is hereby notified that

it may

be

liable for noncompliance penalties under Section

120 of the Federal Clean Air Act

if final compliance

is not achieved by July

1,

1979.

3

L~

—20

---

—3—

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board,

herej7y certify

~4e above Opinion and Order were

ado~tedon the

~

day of

~

1979 by a vote of

Christan L. Moffett, ClE~/

Illinois Pollution Control Board

34—21