ILLINOIS POLLUTION CONTROL
    BOARD
    January 16, 1975
    )
    )
    HIGHLAND SUPPLY CORPORATION,
    )
    Petitioner,
    )
    )
    3
    v.
    )
    PCB 74-377
    )
    )
    ENVIRONMBNTAL PROTECTION AGENCY,
    )
    Respondent,
    3
    OPINION AND ORDER OP THE BOARD (by Mr. Dumelle):
    Petition for variance from Rule 3-3.112 of the Rules
    and
    Regulations Governing the Contiol of Air Pollution was
    filed October 18, 1974. The Petition asks for variance from
    the particulate regulations of this Rule. The Highland
    Supply Corporation operates a coal-fired boiler for heating
    purposes.
    The emissions are calculated as 1.412 lbs/MM Btu of
    particulate compared to the standard in the Rule of 0.6 lbs/
    MM Btu. The present equipment includes a Canton Under Peed
    Coal-Pired Stoker with
    a maximuS firing rate of 6.3 MM Btu/hr.
    and an average firing rate of
    1.6 MM Btu/hr; The Highland
    Supply Corporation operates a facility for the printing and
    converting of aluminum foil into florist foil and paper backed
    foil for gift wrapping. About 60 people are employed at the
    Highland, Madison County, location.
    An operating permit was sought for the existing boiler
    during the third week in August, 1974. The application was
    denied by the Agency on September 2, 1974 and the instant
    Petition was then filed.
    The Agency, in a
    recommendation filed November 25, 1974,
    recommends a grant of the variance. It states that persons
    living near
    the subject plant
    had no objection to a grant if
    the proposed schedule (a new gas-fired boiler operational by
    April 15, 1975) is met.
    16—251
    The Petitioner alleges that no complaints have ever been
    filed about its boiler, The hardship alleged would be a shutdown
    of the business. Purchase order dated October 10, 1974 was
    submitted showing a committment to buy and install a gas-fired
    steam boiler of 4.3 MM Btu input and 3.44 MM Btu output at a
    cost of $7,690.
    The Board does not accept the argument of hardship
    as
    advanced. A variance denial is not a shutdown order. It
    means a shield from prosecution has not been given.
    Noti~n in this record tells how
    long Highland Supply Corpora-
    tion has been in business at this location.
    Rule 3-3.112
    was adopted as effective on April 15, 1967.
    If the Rule
    could not be met, sources were to file an Air Contaminant
    Emission Reduction Program (ACBRP) with the Technical Secretary
    of the former Illinois Air Pollution Control Board (Rule 2-2,4),
    There is no mention of an ACERP being filed and both
    Highland Supply Corporation and the Agency date the
    “discovery”
    of the force of Rule 3-3.112 on this facility as occurring
    during August 1974,
    some
    7-1/2 years after its effective date.
    We grant the variance because no complaints are recorded
    and because a satisfactory compliance program is in process
    to be completed as of April 15, 1975. We ask the Agency to
    make as certain as possible that all other sources of illegal
    emissions to the atmosphere are fully aware of their responsi-
    bilities to conform to existing Rules and Regulations. But
    we realize that the burden rests with a source to know its
    legal responsibilities.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law.
    ORDER
    1. Variance is granted from Rule 3-3.112 from October 18,
    1974 to April 15, 1975.
    2. All necessary permits shall be applied for,
    3. A surety performance bond in the amount of $2,000 shall
    be posted with the Agency.
    IT IS SO ORDERED.
    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
    ~
    ~L,ofet~
    15
    —
    252

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