September 21,

1978

INTERNATIONAL

HARVESTER

COMPANY,

)

Petitioner,

v.

)

PCB

78—91

)

ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

OPINION

AND

ORDER OF THE

BOARD

(by Mr. Goodman):

International Harvester Company

(Harvester)

filed a

Petition for Variance before the Board on March

24,

1978,

and

filed an Amendment to its Petition on April 25,

1978.

The

Environmental Protection Agency

(Agency)

submitted an Amended

Recommendation on August

21, 1978.

A hearing was held in this

matter on August 22,

1978,

in Rock Island,

Illinois; no citizen

witnesses testified.

The subject of this Petition is Harvester’s Farmall Plant,

a facility located in Rock Island used to manufacture farm

tractors and tractor parts.

Specifically, Harvester seeks a

variance from the particulate emission standards of Rule 203(g)

(1) (B) of the Board’s Air Pollution Regulations

(Chapter

2)

for

three inulticlone-controlled coal-fired boilers

(designated *1,

#2 and #4) which are used to produce heat and process steam.

Stack tests performed on the boilers in question in 1977

revealed the following results:

Allowable Emissions

Boiler

Actual Emissions

Rule

20 3(g) (1) (B)

#1

.440 lbs./MBTU

.213 lbs./MBTU

#2

.524 lbs./MBTtJ

.172 lbs./MBTU

#3

.328 lbs./MBTU

.195 lbs./MBTU

In its Amended Recommendation,

the Agency indicates that

Harvester’s facility is located in a designated non-attainment

area for total suspended particulates.

The particulate monitor

closest to the facility had annual readings

(geometric mean)

in 1976 of 70 ug/m3 and in 1977 of 74 ug/m3.

The Agency

estimated that total particulate emissions from the three

boilers in 1977 exceeded allowable emissions by 87.7 tons.

In

the Agency’s opinion, emissions of such magnitude are in part

responsible for continuing ambient air quality violations

in the

area.

31—485

---

—2—

Mechanical preciptators were installed on each of the boilers

in question in 1966.

However, stack tests performed in 1977

revealed the above—described levels of emissions.

Harvester

has, therefore, proposed to install

dry

scrubber control equip-

ment to control particulate emissions from the boilers.

The

manufacturer of the proposed equipment has guaranteed that the

equipment will have an efficiency of at least 85.

Such

efficiency will bring all boilers into compliance.

During

construction of the

dry

scrubber system, Harvester will minimize

the use of boiler #2.

The Agency agrees

that,

although the

proposed system represents new technology in Illinois, it should

bring Harvester’s boilers

into compliance.

Harvester was granted an operating permit for its boilers

in 1973 and was not aware that particulate emissions from its

boilers were exceeding the allowable limits until January of

1978 when it received the stack test results described previous-

ly.

Its application for a new operating permit was denied by

the Agency in March of 1978 at which time it petitioned for a

variance.

The Board finds that Harvester’s agreement to minimize use

of boiler #2 will help protect the environment during the period

of the variance and that the proposed dry scrubber system will

bring the boilers into compliance.

The estimated cost of the

proposed system is $4,000,000.

We find that denial of the

requested variance would result in an arbitrary and unreasonable

hardship.

The Board will grant the variance until July 1,

1979,

the latest date

to which the Federal Clean Air Act allows

variances to be granted.

The Board will also require that

Harvester execute a $10,000 performance bond to assure timely

compliance, perform stack tests upon completion of its compliance

progran~~nd adhere to other conditions detailed in the Order below.

This Opinion constitutes the findings of fact and conclu-

sions of law of the Board in this matter.

31—486

---

—3—

ORDER

It is the Order of the Pollution Control Board that

International

Harvester

Co.

be

granted

a

variance

from

Rule

203(g)

(1)

(B)

of

the

Air

Pollution

Regulations

until

July

1,

1979, subject to the following conditions:

1.

Harvester shall adhere to the Compliance Schedule

attached as exhibit A to its amended petition, which is

incorporated by reference as if fully set forth herein;

2.

Until compliance is fully achieved, Harvester shall

use boiler #4 on a priority basis and shall not use

boiler

#2 unless necessary;

3.

Until compliance is

fully achieved,

the ash content

of the coal burned in the boilers shall not exceed 10;

4.

Harvester shall apply to the Agency for all

necessary construction permits by September 15,

1978;

5.

Within

35 days of the date of this Order, Harvester

shall execute a performance bond of $10,000 in a form

acceptable to the Agency.

Said bond shall be submitted

to the Agency at the following address:

Environmental Protection Agency

Division of Air Pollution Control

Control Program Coordinator

2200 Churchill Road

Springfield,

Illinois

62706

6.

Within

35 days of the date of this Order and

on a quarterly basis thereafter,

Harvester shall

submit written reports to the Agency detailing

all progress made toward compliance with Rule 203

(g) (1) (B)

of Chapter

2 as well as an analysis of

all coal consumed.

Said reports shall be submitted

to the Agency at the address specified in paragraph

5 above;

7.

Within

35 days of the completion of the dry

scrubber system, Harvester shall have stack tests

conducted by an independent company.

Harvester

shall

notify

the

Agency

in

writing

at

least

seven

days prior to the testing, and shall allow Agency

representatives to witness the testing and to analyze

all test results.

Notification shall be made to

the address specified in paragraph

5 above; and

31—487

---

—4—

8.

Within

45

days

of

the

adoption

of

the

Order,

the

International Harvester Company shall execute and

forward to the add~esslisted in paragraph

5 above 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

understanding the Order of the Illinois Pollution Control

Board in PCB 78-91, hereby accept said Order and agree to be

bound by all of the terms and conditions thereof.

SIGNED_________________________

TITLE_________________________

DATE__________________________

I, Christan L. Moffett,

Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order were

adopted on the

~/

‘~

~

day of

_______________,

1978 by a vote

Christan L. Moff4~) Clerk

Illinois Pollution Control Board