ILLINOIS POLLUTION CONTROL BOARD
    April
    10,
    1975
    FRANK
    FOUNDRIES
    CORPORATION,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 74—460
    )
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    OPINION AND ORDER OF THE
    BOARD
    (by Mr.
    Zeitlin)
    The Petition for Variance filed by Frank Foundries Corporation
    (FFC)
    on December 10,
    1974, sought relief
    from the carbon monoxide
    standards of Rule 206(e)
    of the Air Pollution Regulations of the Pollution
    Control Board
    (Board) until March 31,
    1975.
    On January 22,
    1975, Petitioner
    filed an Amended Petition, also seeking relief from Rule 206(e),
    but
    until December 31,
    1975.
    Petitioner owns and operates a grey iron foundry in Moline, Illinois,
    and produces approximately 600 tons per week of grey iron castings.
    Petitioner’s facility is bounded on the north by the Mississippi River,
    and the east,
    south and west by industry and the downtown Noline business
    district.
    The nearest residential, area is approximately
    ½
    mile south;
    however, many people work within 250 feet of the.facility.
    In addition,
    the LeClare Hotel is located approximately 1/8 mile southwest
    of the
    facility, and has many permanent residents.
    Petitioner has stated in both the original and amended petitions
    that
    it
    is unable
    to comply with the 200 ppm limits for CO under Rule
    206(e).
    The initial Variance Petition sought relief only for sufficient
    time to conduct further stack tests, and to allow FPC sufficient time to
    conduct an experiment regarding complete gas ignition
    in the grey iron
    cupolas,
    employing a small torch mounted at
    the level of
    the charge
    doors.
    The Amended Petition herein notes
    that this experiment was a
    failure, and that further stack tests indicate continued violation of
    the 200 ppm limit for CO.
    Emissions now apparently vary from 80 to
    800
    ppm
    of
    CO.
    In its amended petition,
    Petitioner rules out the installation of a
    gas—fired afterburner to control the emission source,
    due
    to
    the unavailability
    of natural
    gas.
    The Environmental Protection Agency
    (Agency)
    in its
    Recommendation filed March
    7,
    1975, believes that,
    regarding the unavailability
    of natural gas, there is an element of self—imposed hardship that could
    have been avoided if Petitioner had acted
    in
    good
    faith, and in a timely
    manner.
    Pursuant to Rule l03(b)(2)(A), Petitioner was to obtain an
    operating permit for its emission sources by December
    1,
    1972.
    Rule
    103(b) (2) (B) mandates that Petitioner submit its permit application with
    sufficient lead time for thorough Agency consideration.
    16—375

    —2—
    Had Petitioner not been dilatory the emission problems from the cupolas
    may have been recognized,
    and an acceptable compliance program worked
    out with the Agency, during a period when natural gas was still available.
    Further, the Agency notes
    that Petitioner did not consider any
    other alternative control methods to achieve compliance in either its
    original petition or the amendment thereto.
    Such alternatives could
    include a vibrating feeder with reduced charge door area,
    an oil—fired
    afterburner,
    installation of an induction furnace,
    or chemical removal
    of
    CO in the scrubber system.
    Petitioner has not articulated
    a control program which will achieve
    compliance but rather asks for
    a variance until December
    31,
    1975,
    in
    order
    to “investigate other cupola operations to determine
    if they
    reached a solution which may be applicable
    to Frank Foundries Corporation
    operation.”
    Therefore Petitioner,
    by failing
    to comply with the requirements
    of Board Procedural Rule 401,
    has failed to qualify for a variance.
    Rule 401 requires any Petition for Variance to include
    (vi)
    a description of existing and proposed equipment for the
    control of discharges;
    (vii) a time schedule for bringing the activity into compliance;
    (viii)
    a detailed description of
    the program to be undertaken to
    achieve compliance,
    including a time schedule of all phases involved
    from initiation to completion and the estimated costs involved;
    (ix)
    an explanation of why Petitioner believes the program
    proposed will achieve compliance.
    In Mt. Cannel Public Utilities
    v. Environmental Protection Agency,
    the Board held:
    “As a matter
    of policy,
    this Board does not favor the
    granting of
    any variances without some definite assurance
    that the emissions will be controlled by available poll-
    ution control devices as soon as possible.
    Except for
    cases of
    ‘no technology available’ this Board must require
    that those who seek
    ‘a shield against enforcement cases’
    (which is what a variance is) must have a definite program to
    control the emissions with existing control technology.”
    PCB 71—15,
    1
    PCB 463,
    469
    (1971):
    See also, Union Oil Co.
    v.
    ~
    PCB 72—447,
    10 PCB 217,
    222
    (1973).
    The Board is of the opinion that
    in the absence of a firm compliance
    program or a demonstrated unavailability of control methods, Petitioner
    has not alleged any arbitrary or unreasonable hardship as required for the
    findings necessary in the matter
    of variances.
    No hearing was held in this matter.
    This Opinion constitutes the findings of
    fact and conclusions of
    law of the Board
    in this matter.
    i~
    _~7~

    —3—
    IT
    IS THE ORDER OF THE Pollution Control Board that
    a Petition for
    Variance in this matter be dismissed without prejudice, for lack of
    adequate information and for failure
    to comply with the Board’s Procedural
    Rules
    as regards variances.
    Mr. Henss abstains,
    I, Christan
    L. Moffett, Clerk of
    the Illinois Pollution Control
    Board hereby certify that
    t
    e above Opinion and Order were adopted on
    the
    ~~day
    of ____________________________,
    1975
    by
    a vote of 3to
    Christan
    L. Noffett(
    rk
    Illinois Pollution
    rol Board
    16—377

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