ILLINOIS POLLUTION CONTROL
    BOARD
    July
    22, 1976
    R.
    A. CULLINAN & SON,
    INC.,
    )
    Petitioner,
    v.
    )
    PCB 76—108
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Mr. Goodman):
    On April 21,
    1976, R~A.
    Cullinan
    & Son, Inc.,
    (Cullinan)
    filed
    a Petition for Variance before the Pollution Control Board
    (Board)
    for its Lawndale Asphalt Plant in the
    Twomey
    Gravel Pit
    in Oran Township, Logan County, Illinois.
    The Environmental Pro-
    tection Agency
    (Agency)
    filed its Recommendation on June 23,
    1976.
    No hearing has been held in this matter.
    Cullinan has filed
    a
    waiver of the 90-day rule until July 26,
    1976.
    Cullinan is
    a corporation engaged in the business of road
    and bridge construction.
    The subject asphalt plant, which was
    installed in 1971 and moved to its present
    site
    in
    1973, produces
    asphalt paving mixes by combining aggregates and asphalt in proper
    proportions.
    The plant has
    a rated capacity of 275 tons per hour
    and a normal production rate of 250 T/hr.
    The main products are
    bituminous aggregate mixture
    (BAN),
    I-lI bituminous concrete,
    and
    B-S bituminous mixture.
    Normal production is maintained approxi-
    mately six hours per day,
    100 days per year and produces 150,000
    tons of asphaltic concrete products annually.
    Cullinan has twice been denied an operating permit by the Agency.
    In Cullinan’s Petition,
    it seeks variance from the operating
    permit
    requirement of Rule 103(b) of the Air Pollution Regulations
    (Chapter
    2)
    as well as from the opacity requirement of Rule 202(b)
    and the
    particulate emission limitation of Rule 203(a) or
    203(b)
    of Chapter
    2.
    23
    153

    —2—
    The greatest source of particulate emissions from the asphalt
    plant is the rotary dryer.
    Secondary sources include the hot aggre-
    gate bucket elevator,
    the gradation unit,
    and the pugmill.
    Cullinan’s
    plant
    is equipped with a primary dust collection system consisting
    of a multiclone device and a secondary collection system consisting
    of a wet scrubber which has been modified through the addition of
    extra spray nozzles and the continual use of fresh water as opposed
    to recirculated water.
    In addition,
    this plant is equipped with a
    scavenger dust collection system which vents the gradation unit,
    the pugmill,
    and the hot elevator into the main exhaust system to
    the multi-clone and wet scrubber.
    With this arrangement,
    the emission
    sources are ultimately vented to the atmosphere through the wet
    scrubber exhaust
    stack.
    According to Cull-nan’s Petition,
    a particulate emission test
    using a UOP sampling train was performed for in-house information
    on the wet scrubber exhaust stack on October 22,
    1975, and the test
    results indicated an average emission rate of
    58 pounds per hour
    when BAM was being produced at a process weight rate of some 275
    tons per hour.
    The Agency,
    however,
    in its Recommendation indicates
    that this stack test was not conducted according to methods accept-
    able to the Agency.
    According to the Agency,
    emissions from
    Cullinan’s plant calculate to 262 pounds per hour at a process weight
    of 250 tons per day based upon the plant vendor’s standard method
    of calculation.
    Because the subject plant was not in compliance with Rule
    203(a)
    on the effective date of Chapter
    2,
    Rule 203(b)
    is applicable.
    At a process weight rate of 250 tons per hour, Rule 203(a)
    allows
    a
    particulate emission rate of 48.5 lb. of particulates/hour.
    Thus,
    according to both Cullinan’s and the Agency’s data, the subject plant
    is currently in violation of Rule 203(a)
    Cullinan proposes to convert the existing spray bar scrub-
    ber to an orifice scrubber at
    a cost of approximately $10,000.00.
    The increased efficiency of the latter is due to the increased mixing
    of the dust particles and the water spray.
    The orifice type scrub-
    ber
    is expected to operate at a pressure drop of
    15 inches of water
    and have an efficiency of 99.
    According to the Agency Recommend-
    ation, with the proposed controls the actual plant emissions should
    be reduced to approximately 12 lb./hr.
    The equipment is scheduled
    for delivery on September 30,
    1976,
    and installation by November
    30,
    1976,
    with the first operational debugging to be completed 15 days
    after
    the reopening of the plant for the 1977 season
    (approximately
    April
    30,
    1977).
    23
    154

    —3—
    Both Cull-nan and the Agency presented evidence on the effect
    of Cullinan’s plant on the ambient air quality in the area.
    The
    plant is located in a rural area of Logan County.
    There are no
    similar emission sources within
    5 miles of Petitioner.
    Logan County
    is included in the Illinois EPA 1975 West Central Illinois Intrastate
    Air Quality Control Region 75 which,
    together with Region 66, con-
    tains
    5 particulate monitoring stations ranging 25—37 miles
    in dis-
    tance from the subject plant.
    In 1975, the State and Federal annual
    ambient particulate primary standard was violated at one of the
    5
    stations, which was located in Decatur,
    32 miles southeast of
    Cullinan’s plant.
    The Agency Recommendation indicates that, although
    the evidence of Cull-nan’s affect on ambient air quality
    is inconclu-
    sive,
    the Agency believes that the possibility that Cullinan will
    cause a violation of the ambient air quality in the area during the
    period of the proposed variance is minimal.
    Cullinan alleges that denying it the requested variance and
    subjecting it to possible enforcement action would impose an arbi-
    trary and unreasonable hardship upon it.
    Cullinan held an operating
    permit for its plant until it was found that an inadvertent error
    had been made in describing the wet scrubber in the application and
    a new application was requested.
    Cullinan has at all times cooperated
    with the Agency and will achieve full compliance with the Regulations
    through the program outlined in its Variance Petition.
    Cullinan seeks variance from the permit requirement of Rule
    103(b)
    as well as from Rules 202(b)
    and 203(a).
    The Board finds
    that denial of variance from Rules 202(b) and 203(a) would impose an
    arbitrary and unreasonable hardship upon Cullinan and that the program
    outlined in Cullinan’s Petition is sufficient to achieve compliance
    with these rules within a reasonable amount of time.
    Therefore,
    the
    Board grants Cullinan variance from Rules
    202(b)
    and 203(a).
    How-
    ever, as to variance from Rule 103(b), Rule 103(b) (6) (A)
    specifically
    provides for the granting of operating permits to applicants who have
    received variances and are in compliance with the terms of such
    variances.
    Therefore,
    the Board finds variance from Rule 103(b)
    to
    be inappropriate here and denies such request.
    This Opinion constitutes the Board’s findings of fact and
    Opinion of law in this matter.
    ORDER
    It is the Order of the Pollution Control Board that:
    1.
    Petitioner
    R.
    A. Cullinan is hereby granted variance
    23
    155

    —4—
    from Rules
    202(b)
    and 203(a)
    of Chapter
    2
    for its Lawndale
    Asphalt Plant until April
    30,
    1977,
    subject to the following
    conditions:
    a.
    By no later than ninety
    (90)
    days after
    the date of the Board Order in this case Petitioner
    shall obtain
    a construction permit for the purpose
    of constructing the orifice scrubber control equip-
    ment described in the Petition for Variance.
    b.
    Petitioner shall submit written reports
    describing the progress of construction of the
    orifice scrubber to the following persons:
    Control Program Coordinator
    Division of Air Pollution Control
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    Regional Supervisor
    Division of Air Pollution Control
    4500 South Sixth Street Road
    Springfield, Illinois
    62706
    Such written reports shall be submitted on the following dates:
    July
    30,
    1976
    September
    30,
    1976
    November
    30,
    1976
    March
    30,
    1977
    April
    15,
    1977
    April 30,
    1977
    c.
    By April
    30,
    1977, Petitioner shall have completed
    installation of the scrubber and shall have made totally
    operational the control system which
    is the subject of this
    Petition.
    d.
    By April
    30,
    1977, Petitioner shall obtain an opera-
    ting permit for the plant’s operation.
    e.
    Within fourteen
    (14)
    days after the date of the
    Board Order, Petitioner shall execute and forward to the
    Control Program Coordinator a Certification of Acceptance and
    23
    156

    —5—
    agreement to be bound by all terms and conditions of the
    variance.
    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 76-108,
    hereby accept said Order and agree to be bound
    by all terms and conditions thereof.
    SIGNED___________________________
    TITLE__________________________
    DATE___________________________
    2.
    R.
    A. Cullinan’s request for variance from Rule
    103(b)
    is hereby denied.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby6ertify the
    ov
    Opinion and Order were
    adop ed on the
    ~
    day of
    ,
    1976 by a vote
    of
    ..Q
    ristan
    L. Mo fet
    erk
    Illinois Pollution
    trol Board
    23
    157

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