ILLINOIS POLLUTION CONTROL BOARD

January 3, 1975

WIRCO CASTINGS, INC.,

Petitioner,

v.

)

PCB 74—266

ENVIRONMENTAL PROTECTION AGENCY,

Respondent,

Mr. Everett C. Hart, General Manager of Wirco Castings, appeared

on behalf of Petitioner;

Mr. Roger C. Zebintner, Esq., and Mr. Delbert Haschemeyer, Esq.,

appeared on behalf of the Environmental Protection Agency;

OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):

This petition for variance was filed on July 11, 1974,

requesting an extension of a previous variance granted by the

Board on October 25, 1973 (PCB 73-281). A previous variance

(PCB 73-4) had been granted on April 12, 1973.

An amendment to petition was filed on September 27, 1974 and

a waiver of the 90-day period was filed on September 9, 1974. The

waiver contained no deadline.

A hearing was held on October 24, 1974 at which the only

witness was the General Manager of the Wirco Castings Company.

Agency recommendations were filed on November 19, 1974 and

December 2, 1974,

Wirco Castings Company, Inc. owns and operates a gray

iron

foundry located in New Athens, St. Clair County, Illinois. The

foundry produces castings for the automotive and other industries.

As part of its foundry operation, Wirco has a 20 ton Ajax induction

furnace which must be shut down for repairs approximately 3 or 4

times yearly. Petitioner seeks variance to operate cupola

furnace during periods when the induction furnace is being repaired.

The cupola furnace is not in compliance with Rule 203(a) of the

Air Pollution Regulations which is applicable in this case. Peti-

tioner had mistakenly asked for a variance from Rule 203(b), but

admitted at the hearing that 203(a) applies to this case (R. 37).

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The economic hardship, which

was a

decisive factor in

the original request for variance, has disappeared. While the

company showed a loss of $74,000 in 1971, and a profit of $1940.59

in 1972, it showed a profit of over $100,000 for 1973, and the

mid-year statement for 1974, while not definitive, shows a

substantial improvement over 1973. It is therefore incumbent

on Petitioner to proceed with all diligence to come into

compliance with the Board~s Rules and Regulations.

We are therefore requiring Petitioner to submit a firm

Compliance Program with the Agency.

Petitioner has requested 8 weeks or 56 days on which to

operate the cupola furnace. The cupola is needed to provide hot

metal to fill the “channel” in the electric induction furnace

so that the eddy currents will

be

generated to melt metal. The

Petition (Pet. 1) shows that during a period of about 9 months

the cupola was operated for a total of 20 days while the

induction furnace was being repaired. Projected for a year this

could mean about 27 days. Petitioner was granted permission

to operate the cupola 40 days a year on the last variance granted

by the Board. At that time there was no firm commitment on

the part of Petitioner for ultimate compliance, due primarily

to financial condition of the Company.

However, with its vastly improved financial condition we are

requiring a firm commitment on the purchase, installation and

operation of a second induction furnace by January 31, 1977,

This will eliminate the use of the cupola entirely, except for

3-5 days a year, for less than 8 hours a day.

We are granting a variance to allow the operation of the

cupola for 30 days a year, 8 hours or less per day. This

will allow Petitioner about 40 days per year for induction

furnace maintenance, assuming the vacation period will be used

for maintenance. This should be ample based on previous

experience.

Petitioner has previously installed a scrubber (wetcap)

and afterburner on the cupola furnace. It then abandoned

operation of the cupola except as standby during repair of

the newly installed induction furnace. With the installation of

a second induction furnace, the cupola will only be operated

for 3-5 days per year for less than 8 hours each day.

We are convinced that the elimination of the cupola operation

entirely (3-5 day/yr) can be accelerated over the two years that

Petitioner has proposed. This should be reflected in the

compliance program.

15 —74

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We reject the Agency~srecommendation that as a

condition for granting of variance the Pollution Control Board

order Petitioner to pay the regular wages to its employes in case

the plant must be shut down because the cupola furnace is not

permitted to operate (Agency Recommendation 6, 7, 8), This

would constitute a penalty, which the Board cannot impose in a

variance proceeding.

The Wirco plant is located 1/2 mile outside the limits

of New Athens, St. Clair County, Illinois, a town of 2000 population.

The nearest home is about 415 feet from the plant boundary and

a total of six residences are within 2002 feet of the foundry

(Pet, 4). In PCB 73-281, the Agency stated that, “The chances

of Wirco creating a general pollution problem are very minimal”

(Ex, 1 and R. 30). No evidence was introduced to indicate a

change in this situation. There are no reports of any complaints.

Failure to carry out the compliance program will be taken

into account in any subsequent request for future variances.

Mr. Henss dissents,

ORDER

It is the Order of the Pollution Control Board that a variance

from Rule 203(a) of the Air Pollution Regulations be granted to

Wirco Castings, Inc. for a period of one year from the date of

this Order, subject to the following conditions:

1. Petitioner shall not operate its gray iron cupola furnace

in excess of the following limitations~

A. The cupola furnace shall not be operated in excess of

30 days during the period of this variance;

B. During any one day of operation the cupola shall not

exceed thirty (30) tons of molten metal.

C. The operation of the cupola furnace shall not have

a metal rate that exceed 4 tons/hr.

2, Petitioner shall maintain and keep in good working order

and operate during all times, when the cupola is operating,

its afterburner and wetcap control devices on the cupola

furnace,

3. Petitioner shall inform the Agency of the projected operation

of the gray iron cupola furnace, in writing, at least

48—hours prior to the use of the gray iron cupola.

15 —75

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4. After each period of operation of Petitioner~scupola

furnace, Petitioner shall supply to the Agency, in writing,

48-hours after each such period of operation the following

information concerning its gray iron cupola:

A.

The

numb~rof days during the period of operation that

Petitioner operated its cupola.

B.

The

daily production of molten metal for each day

Petitioner operated its gray iron cupola.

5. 7he gray iron cupola shall be operated only in accordance

with Paragraph I of this Order, and then only when it is

absolutely necessary that the induction furnace be shut

down for repair. The cupola and induction furnace shall

never be operated concurrently.

6. Within 30 days from the date of this Order, Petitioner shall

file with the Agency a detailed compliance program which

shall show compliance with Rule 203(a) by January 31, 1977,

except for 3-5 days per year when the cupola furnace shall

be used only for starting up an induction furnace, and by

January 31, 1978 the cupola furnace shall no longer be used

for any purpose. The compliance program shall show

intermediate dates for accomplishing various phases of the

work to be done. Petitioner shall make progress reports

to the Agency every three months on work accomplished to

complete the program.

7. Petitioner shall apply for all construction and operating

permits necessary to accomplish its compliance program.

Mr. Henss

dissented.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and

Order were

adopted on the ~

day of

January,

1975 by a vote of

4/_/

Christan L. offe

lerk

Illinois Pollutio ontrol Board

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