ILLINOIS POLLUTION CONTROL BOARD
    March 28,
    1977
    CPC INTERNATIONAL,
    INC.,
    Petitioner,
    V..
    )
    PCB 76—208
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    MR.
    JAMES
    GLADDEN,
    JR.
    AND
    MS. PERCY ANGELO, OF MAYER, BROWN
    & PLATT,
    APPEARED ON BEHALF OF PETITIONER;
    MR. PETER ORLINSKY OF THE ENVIRONMENTAL PROTECTION AGENCY APPEARED
    ON BEHALF OF RESPONDENT.
    OPINION
    AND
    ORDER OF THE
    THE
    BOARD
    (by Mr.
    Goodman):
    On
    August
    6,
    1976,
    CPC International,
    Inc.
    (CPC)
    filed before
    the Board
    a 1~etitionfor Review of Denial of Permit Application.
    A
    hearing in this matter was held on January 20,
    1977 in Chicago,
    Illinois.
    CPC has filed a waiver of the 90-day rule set by statute.
    CPC operates three coal—fired boilers at its corn wet milling
    plant in Bedford Park,
    Illinois.
    Each boiler has
    a rated capacity
    of 332,500,000 BTU’s input per hour and is presently equipped with
    a multiclone dust collector limiting particulate emissions from each
    boiler to .48 lb/million BTEJ’s of actual heat input
    (R.27).
    The
    Environmental
    Protection
    Agency
    (Agency)
    granted CPC ope~a-
    tinq
    permits
    for its three coal—fired boilers on
    March
    16,
    1973.
    Those permits expired on May 30,
    1975,
    the effective date for Rule
    203(g) (1) (A)
    of the Board’s Air Pollution Regulations
    (Chapter
    2 of
    the Board’s Rules and Regulations).
    On September 23,
    1973, the Board granted CPC a one-year variance
    from Rule 104 of Chapter
    2 which requires all facilities
    to have
    Agency approved compliance programs and project completion schedules
    25
    193

    —2--
    (PCB 73-212).
    Under the terms of that variance, CPC was
    to achieve
    final compliance
    by
    no later than May 30,
    1976.
    On December
    19,
    1974,
    the
    Board extended CPC’s variance from September
    20,
    1974 to December
    31,
    1974 and extended the date for final compliance until August
    30,
    1976
    (PCB 74-340).
    On March
    5,
    1975 the Agency renewed CPC’s opera-
    ting permits until August
    30,
    1976.
    Following a series of setbacks, which included the necessity of
    completely changing its compliance program, CPC realized that it would
    be unable to comply with Rule 203(g) (1) (A)
    by August
    30,
    1976.
    Conse-
    quently, on April
    25,
    1975, CPC petitioned the Board for a variance
    from Rule 203(g) (1) (A), alleging that the three boilers would be
    in
    compliance by November 22,
    1976,
    January
    22,
    1977 and February
    22,
    1977,
    respectively
    (PCB 75-175).
    Before the Board rendered its deci-
    sion in PCB 75-175,
    the Illinois Supreme Court,
    in Commonwealth Edison
    v.
    Pollution Control Board,
    62 Ill.2d 494
    (1976), reversed the Board’s
    adoption of Rule 203(g)(l).
    Based on that decision,
    on February 11,
    1976, the Board dismissed CPC’s request for variance as moot.
    On April
    27,
    1976,
    CPC applied to the Agency for a renewal
    of
    its operating permits.
    The Agency denied the permits on May 11,
    1976,
    citInq possible violations of Rules 102,
    303 and 307.
    The Agency at the hearing indicated that it would no longer rely
    on Rule 303 as a basis for denial.
    The Board agrees that Rule 303
    was an inappropriate basis of denial.
    The Agency has indicated that its policy since the Commonwealth
    Edison decision is to require each permit applicant to demonstrate
    that operation of its source will not cause or contribute to a vio-
    lation of ambient air quality standards.
    The Agency will accept
    ~s
    a showing of non—violation a showing that the source
    is
    in compliance
    with the regulations remanded in Commonwealth Edison.
    CPC does not
    dispute that it submitted no air quality impact data with its permit
    application and that its emissions do not comply with remanded Rule
    203(q) (1).
    CPC alleges that because of the Agency’s past recommendations
    and because of the Board’s past variance decisions,
    the Board and the
    Agency are estopped from denying the operating permits sought herein.
    CPC alleges that the Agency
    is merely enforcing the remanded regu-
    lations and is, therefore, defying the Court’s Order in the
    Commonwealth Edison case.
    The Agency indicates that CPC has “embarked on
    a quite ambitious
    program to install electrostatic precipitators”,
    which the Agency
    25
    194

    —3—
    feels will bring the emission levels from the boilers down
    to
    the
    level of remanded Rule 203(g) (1) (R.37).
    The Board acknowledges and
    commends CPC for its program.
    Nevertheless, the Board must uphold
    the Agency’s denial of CPC’s applications for operating permits.
    The Board recently decided a permit appeal with facts very
    similar to the present case Ashland Chemical Company
    v. EPA, PCB 76-186
    (February 17,
    1977).
    In Ashland, the Board held:
    “The issue before us
    is whether Ashland met its
    burden of proof.
    Having submitted no information
    whatsoever on air quality impact, Ashland has
    clearly failed in its burden, and the permit was
    properly denied.”
    Ashland at p.4.
    CPC has similarly submitted no air quality impact information
    whatsoever and has, therefore,
    failed in its burden of proof under
    Section 39 of the Act.
    Although Rule 203(g) (1) was remanded, the
    Agency and the Board are still required to protect air quality and
    sources are still on notice that they must comply with all rules and
    regulations still
    in effect.
    CPC has made no showing that its emis-
    sions will not cause or contribute to a violation of ambient air
    quality standards.
    Therefore, the permit was properly denied on the
    basis of Rules 102 and 307.
    The Board notes that, as pointed out
    in
    our July
    8,
    1975 decision in PCB 75-175, the variance procedure is
    still open to Petitioner.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board in this matter.
    ORDER
    It
    is the Order of the Pollution Control Board that CPC’s
    permit denial appeal
    filed August
    6, 1976,
    is hereby denied.
    Mr. Young concurs.
    25
    195

    —4—
    I,
    Christan
    L. Moffett,
    Clerk
    of
    the Illinois Pollution
    Control
    Board,
    hereby certify
    the abqve Opinion and Order were adopted on
    the
    ~
    day of
    y~J~
    ,
    1977
    by a vote of
    ~
    Ch
    istan
    L.
    Mo~f
    lerk
    Illinois
    Pollutio
    ntrol
    Board
    25
    196

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