ILLINOIS
POLLUTION
CONTROL
BOARD
January
23,
1975
HART,
SCHAFFNER
&
f~RX
Petitioner
v.
)
PCB
74-406
)
ENVIRONfENTAL
PROTECTION
AGENCY
)
Respondent
1
OPINION AND ORDER of the Board (by Mr. Zeitlin)
This Petition
for
Variance was filed
on
October 30, 1974 by Petitioner
Hart, Schaffner
&
Marx.
As filed, the Petition sought variance
from
Rele
104,
Compl
lance
Programs
and
Project Completion Schedules, and
Rule
203
(i)(4),
Compliance
Dates,
of
Chapter
2,
Air
Pollution
Regulations
(“New
Air Rules”).
Petitioner,
a
Delaware
corporation qualified
to
do
business
in
Illinois,
operates
a
clothing manufacturing plant
at
728
W.
Jackson
Blvd.,
in
Chicago.
The
plant
has
2200
employees.
As
part
of
its
manufacturing operation
pet-
itioner
operates
three
Heine
stoker coal-fired
225
horsepower high
pressure
water
tube
boilers
to
generate
high
pressure
steam,
at
an
operating pres-
sure
of
100
pounds
per
square
inch.
These
boilers
are the subject of the
instant
Variance Petition.
These
boilers
operate
16
hours
per
day,
five
days
per
week.
They
con-
sure
approximately
twelve
to
fifteen
tons of coal
per
day,
and
approximate-
ly
2,760
tons
per year.
Only
two
of
the boilers
are
normally
used at
one
time.
The
flue
gases
from
the
boilers
exhaust
into
a
breaching
vented
into
a
158
foot
high
stack
which
is
8
feet
in
diameter.
The
boilers,
approxi-
mately fifty
years
old,
are
not
equipped
with air
emission
control
equipment.
Petitioner
is
presently
in
the
process
of replacing
those
boilers.
By
December
31,
1975,
Petitioner
intends
to
replace
all
three
coal-fired
boilers
with
natural
gas-fired
high
pressure
water
tube
boilers
at
a cost
of approx-
imately
$600,000,
and
convert
totally
to
the
use
of natural
gas
as
a
fuel.
As
only
two of
the
present
coal-fired
boilers
are
normally
in
use at
one
time,
Petitioner
feels
that
it
can
adhere
to
the
following
conversion
sche-
dule:
15—317
—2-
COAL-FIRED
NATURAL
GAS-FIRED
DATES
BOILE~i
BOILER
Present
-
July31, 1975
2 in use,
I
for cold
first installed by
weather standby
July 31,
1975
Aug.
1
-
Sept.
30, 1975
2
on emergency stand-
1 new boiler in use;
by use;
I.
to be dis—
second to he installed
mantled
by Sept.
30, 1975
Oct.
1
—
Dec.
31,
1975
1
on emergency stand—
2 new boilers
in
use;
by use;
I
•to. be. dis-
third to
be installed
mantled
by Dec~31,
1975
Petitioner also states that if the present estimated delivery dates for the nat-
ural gas—fired boilers
can be advanced, the conversion schedule will be corres’~
poridingly advanced.
The Environmental
Protection Agency (Agency)
filed its Recommendation
in
this matter on January 2,
1975.
The Recommendation correctly points out the
fact that Petitioné~’erred
in requesting a Variance from New Air Rule 203 (1)
(4),
That Rule merely provides
a compliance date for the emission require-
ments of New
Mr
Rule
203(g), which sets emission standards for fuel combustion
emission sources.
Petitioner’s three boilers are specifically covered
in New
Air Rule 203(g)(1)(A), which sets standards for existing coal—using sources
located in the Chica9o Major Metropolitan Area,
The emission standards of New
Air Rule 203(g)(1)(A) must be complied with by May 30,
1975, and allow
a max-
imuni of 0.1 pounds of particulate matter per million htu of actual heat input.
The Board therefore accepts,
as did the Agency, an
interpretation of this
Petition
as
including a request for variance on New Air Rule 203(g)(1)(A),
as
well
as on 203(i)(4) which
is merely the implementation date for New Air Rule
203(g).
As was the Agency,
the Board
is of the opinion that the grant of this
Variance will best serve the public interest.
Petitioner alleged
that the installation of air emission control equipment
on
its present coal-fired boilers would involve
a cost of $330,000, and might
in fact be impractical due to space and structural
limitations
in the area of
those boilers.
The Agency agreed in
its
Recommendation that for the Board to
require such installation would constitute
an arbitrary and unreasonable hard-
ship, especially
in light of Petitioner’s plans to install new natural
gas-fired
boilers during the same period.
The Agency also expressed the opinion that the
installation of natural
gas-fired boilers,
as. compared to the installation of
emission control equipment on its present boilers,
is the better solution to
Petitioner’s compliance with the emission standards.
Such gas-fired boilers
will emit particulates at
a rate of 0.017
pounds per million btu, which
is well
within the allowable limits of Rule 203(g)(l)(A).
The
Agency
also
recommended
that
Petitioner
be
granted
a
variance
from
Rule
3~3.1i2of
the
Old
Rules
and
Regulations
Goyerning
the
Control
of Air
Pollution,
(11Old
Air
RulesH),
continued
in
effect
under
Section
49(c)
of
the
Environmental
Protection
Act
(Act)
and
Rule
114
of the
Board~sChapter
2,
Air
Pollution
Regulations
(ANew
Air
Rulesu).
In
addition
to
constituting
a
violation
of
New
Air
Rule
203(g)(l)(A),
the
Agency
feels
that
the
present
operation
of Petitioner~sthree coal~fired
boilers
is
resulting
in
a
violation
of thE
0.6 pounds per million btu maximum~under Old Air Rule3~3.112,effec-
tive as against Petitioner through Old Air Rule 2-2.11.
Old Air Rule 3—3.112
will
remain effective
as
a
limitation
on Petitioner~semissions until
super—
ceded on May 30, 1975 by New Air Rule 2O3(g)(i)(A).
The Agency has estimated
that present operations are resulting
in
an emission level
of 0.78 pounds per
million btu.
The Board agrees with the Agency that to require Petitioner~s
compliance with Old Air Rule 3—3.112, while Petitioner is implementing an
effective control
plan, would work an unreasonable and arbitrary hardship.
The
Board will,
therefore, grant a variance from Old Air Rule 3-3.112 until May
30,
1975,
at which time New Air Rule 203(g)(l)(
)
will take effect.
The variance
from New Air Rule 203(g)(l)(A) will run from May 30, 1975 until
December 31,
1975.
The same r~asoningfor the grant of variance applies
to New Air Rule
104.
The Agency has also recommended that the Board grant such
a variance until Dec-
ember 31,
1975.
Petitioner~sfacility
is located
in an industrial
and commercial
area of
Chicago.
The Agency reported that no citizen complaints had been received
regarding the operation of Petitioner~sboilers.
The Agency feels that Peti-
tioner is following
a practical cc~rsetowards compliance, and that the program
and time schedule submitted by Petitioner are reasonable for achieving such
compliance.
The Agency
is troubled, however, by Petitioner~slack of
a firm
commitment for natural
gas supplies, and feels that it would be unable to
recommend extensions
of
this variance if such supplies are not available.
For this reason, we will condition this variance on the submission
to the
Agency
of
a firm commitment of 35,000 cfh for the required natural
gas to Pet-
itioner
from
the
People~sGas
Light and Coke Company.
The Agency recommends that the Board require a performance bond, although
no amount has been stated for such a bond,
The Board
is
of the Opinion that
a
performance bond in the amount of $50,000 will
be sufficient to assure comple-
tion of the work contemplated in Petitioner~svariance request, and to assure
that Petitioner will act expeditiously to correct its emtsston problems~
No hearing was held in this matter.
This Opinion constitutes the findings of fact and conclusions of law of the
Board.
ORDER
IT
IS THE ORDER of
the Pollution Control Board that:
1.
Petitioner Hart, Schaffner & Marx be granted a variance from Rule
3-3.112 of the Rules and Regulations Governing the Control of Air
Pollution
~ld Air Rules”) until May 30, 1975, subject
to the conditions set out below.
15—319
-4-
2.
Petitioner Hart, Schaffner & Marx be granted
a variance from Rules
203(g)(1)(A), 203(i)(4) and 104 of the Air Pollution Control
Regulations
(“New Air Rules”)
until
December 31,
1975, subject to the conditions set
out below.
3.
The variances herein granted are subject to
the following conditions:
a.
Petitioner Hart, Schaffner & Marx shall submit to the Illinois
Environmental
Protection Agency within sixty
(60) days of the adoption of this
Order.a firm commitment from the People~sGas, Light and Coke Company for the
naturalgas necessary to operate the natural
gas-fired boilers contemplated
in the Petition for Variance submitted by Petitioner in
this matter.
If such
commitment is not forthcoming within sixty (60)
days after the adoption of this
Order, Petitioner shall instead supply to the Illinois Environmental Protection
Agency an alternate compliance plan acceptable to that Agency,
or shall rein-
stitute proceedings for Variance before the Board.
b.
Petitioner shall
comply with the schedule of conversion from coal-
fired to natural gas-fired boilers
at the subject facility
as contained in its
Petition for Variance in
this matter and summarized in the above Opinion.
Pet-
itioner shall when and if possible install and use such natural
gas-fired
boilers prior to the dates contemplated in that Petition.
c.
Petitioner shall
apply for all
applicable construction permits with-
in thirty i~3O) days of the adoption of this Order.
d.
Petitioner shall submit to the Illinois Environmental
Protection
Agency
a firm time schedule for its boiler replacement program,
including all
existing delivery commitments
from the relevant suppliers, within thirty
(30)
days of the adoption of this Order.
That schedule shall
be submitted to:
ENVIRONMENTAL PROTECTION AGENCY
Division
of
Air
Pollution
Control
Control
Program
Coordinator
2200 Churchill
Road
Springfield, Illinois
62706
e.
Petitioner shall submit bi-monthly progress reports,
on or before
the 15th of the month,
regarding its boiler replacement program, such reports
to commence in the month following the adoption of this Order,
to:
ENVIRONMENTAL PROTECTION AGENCY
Division of Air Pollution Control
Control
Program Coordinator
2200 Churchill
Road
Springfield,
Illinois
62706
-5—
f.
Petitioner shall
post a performance bond,
to run until
December
31,
1975,
in
the amount of $50,000,
in
a form satisfactory to the Agency,
within thirty
(30) days of the adoption
of this Order, pursuant to Section
36 of the Illinois Environmental
Protection Act.
Such performance bond
shall
be posted with the Agency
at:
ENVIRONMENTAL PROTECTION AGENCY
Fiscal Services
2200 Churchill
Road
Springfield,
Illinois
62706
Mr.
Henss dissents.
I, Christan
L.
Moffett, Clerk of the Illinois Pollution Control Board,
hereby certify the above Opinion
& Order were adopted on the ~~3’~’dayof
1975 by
a vote of
.~
to
1
Christan
L.
Moffet
,
.rk
ILLINOIS POLLUTION
~ROLBOARD
15—
321