ILLINOIS POLLUTION CONTROL BOARD
March 17,
1977
McLEAN
COUNTY SERVICE COMPANY,
)
Petitioner,
v.
)
PCB 76—270
ENVIRONMENTAL
PROTECTION
AGENCY,
)
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by Dr.
Satchell):
On October 28,
1976 McLean County Service Company
(Service
Company) filed a petition for variance from Rule 203 (d) (9) of
the Chapter
2: Air Pollution Control Regulations
(Chapter
2).
An amended petition was filed December
8, 1976 in which the
compliance date was set as December
1,
1977 instead of May
1,
1977 as originally requested.
The Environmental Protection
Agency
(Agency)
filed its recommendation in this matter on
February 4,
1977. Petitioner filed a response on March
15,
1977.
Petitioner is the owner and operator of
a grain handling
facility located in Yuton,
Illinois within McLean County.
The
facility, which has an annual throughput of 4.5 million bushels
of grain consists of three dump pits,
two for grain and one for
wet grain;
three grain dryers,
two with individual drying capa-
cities of 1400 bushels per hour
(BPH)
and one with a 2500 BPH
capacity; one grain cleaner with an actual capacity of 3000 BPH,
and various items for storage and transfer of grain.
Petitioner states that at the time of the adoption of the
grain handling regulations that the Service Company believed it
was subject to the exemption of Rule 203(d) (9) (D)
of Chapter
2,
in that Petitioner believed its facilities were located outside
a major population area.
However, on receipt of an Agency per-
mit denial on March
18, 1976 Petitioner found that its facilities
were 1.95 miles from Normal, Illinois and did not meet the
requirement of being 2.0 miles from a major population area and
was not covered by the exemption.
Upon discovery of this informa-
tion Petitioner formulated a compliance plan and schedule.
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Petitioner proposes to install an aspiration system on the
three
dump
pits and on two legs associated with the dry
grain transfer process.
The control equipment for the
aspiration equipment will be a baghouse.
In addition, quick
closing doors or some type of wind deflectors will be in-
stalled on the three dump pits.
The control program will
cost approximately $90,000.
The compliance schedule calls for completion of final
plans and specifications by December
1,
1976; final delivery
of equipment by April
1,
1977; completion of construction by
July 1, 1977; and full operation by December 1, 1977.
Peti-
tioner states that full operation of the equipment cannot be
determined ‘until the facility is operated during the grain
season.
Modifications may be necessary during this time.
The Agency in its recomn~endationstates that because
Petitioner’s facility is located in a major population area,
the regulations require that Petitioner’s pollution control
equipment function at an efficiency of at least 98 percent.
The Agency states that it appears Petitioner’s plan is adequate.
The Agency does question the time schedule.
The Agency feels
that the construction and debugging phases of the schedule can
be shortened considerably.
The Agency suggests a June 1,
1977
construction completion date and that debugging should be com-
pleted by July 1,
1977 with full operation beginning at that
time.
The Agency makes this suggestion based on experience
at other grain handling facilities
in Illinois and the fact
that Petitioner receives grain throughout the year so there
is no need to await the harvest season to evaluate the effec-
tiveness of the operation.
There are five residences within a one mile radius of
the facility.
The nearest residence is approximately 200 feet
away;
the remaining residences are all more than 800 feet away.
The Agency has not discussed the variance with any of the neigh-
bors but has had no complaints concerning Petitioner’s operations.
Petitioner also states there have been no complaints from
neighbors.
The nearest ambient air monitoring station is located
approximately four miles southeast of the facility in Bloom-
ington, Illinois.
The average annual geometric mean for
particulate matter at that station in 1975 was 64 micrograms
per cubic meter, under the primary ambient air standard of
75 micrograms per cubic meter as an annual geometric mean.
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Without a variance, Petitioner has only until April 30,
1977 to come into ôompliance with Rule 203(d) (9) (B)
of
Chapter
2.
It is apparent from the facts presented that
Petitioner cannot~
make
t~iatdeadline with an assured pollution
control efficiency Of 98 percent.
The Board does find suffi-
cient hardship exists to grant Petitioner a variance.
The
Agency suggests an earlier compliance date than that requested
by Petitioner.
Petitj..oner states the full operational effi-
ciency of the equipment cannot be determined until operation
during the grain season.
Although Petitioner may receive
grain during the entire season, peak operations would not
occur until the harvest season.
The Board notes also that
there have béenno complaints recorded to date.
For these
reasons the Board will grant Petitioner a variance until
December 1,
1977 subject. to the conditions of the Agency’s
recommendation.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
It is the order of the Pollution Control Board that McLean
County Service Company is hereby granted a variance from
Rule 203(d) (9) (B)
of Chapter
2: Air Pollution Regulations for
its grain handling facility at Yuton, Illinois until December 1,
1977 subject to the following conditions:
1.
McLean County Service Company shall apply for
construction permits for its pollution control
system as soon as possible.
McLean County Service
Company shall use all reasonably available means to
secure such ~acoi~structionpermit from the Agency no
later than April
1,
1977.
2.
McLean County Service Company shalJ apply for an
operatinq permit for its pollution control system no
1~terthan April
1,
1977.
McLean County Service
Company shall use all reasonably available means
to
secure such an operating permit no later than July
1,
1977.
3.
Within thirty-five days of this order McLean County
Service Company shall execute and forward to the:
Control Program Coordinator
Division of Air Pollution Control
2200 Churchill Road
Springfield, Illinois 62706
a Certification of Acceptance and agreement to be
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bound to all terms and conditions of the variance.
The form of that Certification shall be as follows:
CERTIFICATION
I
(We), _____________________________ having read
and fully understanding the Order of the Illinois
Pollution Control Board in PCB 76-270, hereby accept
said Order and agree to be bound by all 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
/~7~ day of
___________,
1977 by a
vote of
4-o
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