ILLINOIS POLLUTION CONTROL BOARD
    October 10, 1974
    WESTERN ACADIA, INC.
    Petitioner,
    vs.
    )
    PCB 74—268
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD (by Mr. Henss):
    Western Acadia, Inc. filed its Petition for Variance seeking
    relief from Rule 203(b) of the Air Pollution Control Regulations
    until March 1, 1975. The Company wishes to continue use of
    curing oven *2 pending completion of a building program which
    includes installation of a baghouse.
    Petitioner operates a manufacturing facility at 4115 W. Ogden
    Avenue in Chicago, Illinois for the production of metal inserts,
    organic rubber valves, silicone rubber tubes, polyacrylic rubber
    seals and felt products. Petitioner’s Elastomer Division molds
    polyacrylic rubber into seals and then cures the seals in three
    walk-in type natural gas fired ovens. Particulate and organic
    emissions are presently vented from these ovens to the atmosphere
    through three separate stacks. Stack tests conducted in February
    1973 show Petitioner’s emissions to be as follows:
    Particulates
    Total Organics
    Process Weight
    Stack
    lb/hr.
    lb./hr.
    Tons/hr.
    1
    0.193
    0.497
    0.0248
    2
    1.634
    1.792
    0.0169
    3
    0.127
    0.138
    0.0193
    Petitioner admits that it is not in compliance with Rule 203(b)
    and fails to show that it was in compliance with that Rule on
    April 14, 1972, the date of adoption of the Air Pollution Control
    Regulations. Therefore, as the Agency notes, Petitioner is required
    to comply with the provisions of Rule 203(a). In general, this
    would mean that Petitioner would have to meet more stringent
    emission limitations but, as the table below shows, in this case
    Petitioner is actually allowed slightly more particulate emissions
    than that allowed under Rule 203(b)
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    139

    —2—
    Present
    Allowable Emissions
    Particulate Emissions
    Under
    Under
    Stack
    lb./hr.
    203(a) lbs/hr. 203(b) lbs./hr.
    1
    0.193
    0.352
    0.344
    2
    1.634
    0.288
    0.266
    3
    0.127
    0.310
    0.292
    Although Petitioner admits to excessive total organic emissions
    in violation of Rule 203(b), we find such admission to be erroneous
    since that Rule pertains solely to particulate emissions, and the
    organic emission rates provided do not indicate a violation of Rule
    205. This matter shall then be dealt with solely as a request for
    variance from the provisions of Rule 203(a).
    Petitioner sought permits for its curing ovens, but the permits
    were denied because of a delay in installing the baghouse. The
    three curing ovens will be moved to a new addition presently under
    construction at the plant. This construction and moving is expected
    to be completed by February 1975 after which the baghouse will be
    installed. Baghouse installation is expected to take about one
    month after the new addition is completed and production equipment
    moved. The baghouse, which is already on site, is expected to
    reduce particulate emissions from the curing ovens by 95.
    Neither Petitioner nor the Agency informed the Board of the
    date the Company filed for operating permits or the date on which
    the Agency denied the permits. The record dOes show that Petitioner’s
    plant was on strike from June 15, 1973 to September 1973 and that the
    bid on the baghouse was received in July 1973. Nothing in the record
    explains Petitioner’s long delay in filing for this variance.
    Petitioner claims that an excessive and necessary expense of
    about $8200 would be imposed if they were required to install the
    baghouse immediately and then dismantle and reinstall when the new
    addition is completed. Petitioner believes that the granting of
    this variance would not impose any injury on the public because of
    the minimal amount of emissions and the distance from the stacks to
    the nearest residence, some 170 feet. The plant is located in an
    industrial/residential area. No complaints ab~ut the operation or
    the granting of variance have been received by the Agency.
    Were it not for other matters in this case, the Board would be
    inclined to deny this variance because:
    1) Petitioner did, without any explanation, wait some
    27 months after the effective date of the Regulation
    to seek a variance. For 17 of those months
    Petitioner knew of its violation.
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    140

    —3—
    2) The statement that some cost would be involved
    in bringing the plant into compliance immediately,
    is simply insufficient when Petitioner’s economic
    condition is not revealed.
    The Agency recommends denial of this variance or, in the
    alternative, granting of the variance subject to certain conditions
    relating to bond, progress reports and acquisition of necessary
    permits. The only purpose to be served b~the granting of this
    variance, according to the Agency, would be to give the Agency a
    mechanism by which it could monitor Petitioner’s compliance pro-
    gram.
    The Board does not agree with the Agency’s reading of the
    effects of a variance. This or any other variance, as the Agency
    well knows, grants the recipient immunity from prosecution under
    the Rule or Statute for which the variance is granted. In deciding
    whether a person should have such immunity from prosecution the Board
    is bound
    under Section 33 of the Environmental Protection Act to
    consider such factors as type and degree
    of injury caused by the
    uncontrolled
    operation, social and economic value of the source,
    suitability of the source to the area in which it is located in-
    cluding priority of location and technical and economic reasonableness
    of reducing emissions. The burden is clearly on Petitioner to prove
    that compliance with the Regulation or Statute would cause an
    arbitrary or unreasonable hardship.
    Having considered the above factors, the Board grants this
    variance for a limited time for several reasons. The cost of
    compliance for Petitioner appears to be wholly disproportionate to
    the benefits to be derived. No complaints have been made about
    emissions from the plant. This is understandable in view of the
    fact that particulate emissions from the three stacks are less than
    2 lbs./hr. Control equipment is already on site and Petitioner needs
    only 5 months to have it operating. To order the baghouse installed
    immediately would not, in our opinion, be reasonable at this late
    date. The impact on the environment arising from the granting of
    this variance will be relatively insignificant.
    Petiitoner*s delay in seeking this variance without satis-
    factory explanation. does hot merit protection from prosecution
    for the period prior to the filing for variance. Therefore, this
    variance will be allowed only for the period from July 15, 1974
    to March 1, 1975. We shall also require Petitioner to expedite
    the construction program to the fullest extent possible.
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    141

    —4—
    ORDER
    It is the Order of the Pollution Control Board that Western
    Acadia, Inc be granted a variance from Rule 203(a) of the Air
    Pollution Control Regulations from July 15, 1974 until March 1,
    1975 in order to continue operating curing oven #2 at its Chicago
    plant pending installation and operation of a baghouse designed
    to achieve compliance with Rule 203(a). This variance is subject
    to the following conditions:
    1. Petitioner shall apply for and obtain all necessary
    permits for the installation of the baghouse.
    2. Petitioner shall make all reasonable efforts to
    expedite construction of the new plant addition
    and installation of the baghouse.
    3. Petitioner shall submit monthly progress reports
    to the Environmental Protection Agency. Said
    progress reports shall commence on November 1, 1974
    and shall provide details of Petitioner’s progress
    towards completion of the new plant addition and
    baghouse installation. Said progress report shall
    also detail results of Petitioner’s efforts to
    expedite completion of construction.
    4. Petitioner shall, by November 22, 1974 post a bond
    in the amount of $8200 in a form acceptable to the
    Environmental Protection Agency, ~such bond to be
    forfeited in the event Petitioner fails to install
    and operate the baghouse. Bond shall be mailed to:
    Fiscal Services Division, Illinois EPA, 2200 Churchill
    Road, Springfield, Illinois 62706.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify e above Opinion and Order was adopted
    this j~day of
    _______
    1974 by a vote of
    ~S
    to ~
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