ILLINOIS POLLUTION CONTROL BOARD

February

27,

1975

DUNDEE

CEMENT COMPANY,

Petitioner,

v.

)

PCB 74—450

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION

AND

ORDER OF THE BOARD

(by Dr. Odell)

On December 3,

1974,

the Dundee Cement Company filed its

Petition for Variance with the Pollution Control Board

(Board).

Petitioner sought

a variance from the fugitive particulate

matter requirements of Rule 203(f)

of the Air Pollution Regula-

tions

(Chapter Two) from March

7,

1975, until December 31, 1975.

The Board,

in Dundee Cement Company v.

Environmental Protection

Agency PCB 73-541, 11 PCB 597

(March 14, 1974), granted this

Petitioner a variance from Rule 203(f) until March

7,

1975,

for

fugitive dust emissions created when it transfers cement from

barges

to hoppers at its facility.

Petitioner operates a transfer terminal located on the

south bank of the Sanitary and Ship Canal and situated approximately

1,300 feet east of Illinois Route 83 in Lemont Township, Cook County,

Illinois.

The facility annually received about 150 barge loads of

bulk cement;

each flat-bottomed barge contains nearly 1,300 tons of

cement,

At Petitioner~sterminal,

the barges are unloaded and the

contents are transferred to storage silos.

The cement is removed

from the barges by clamshell cranes, deposited in hoppers, and con-

veyed through enclosed areas to the storage silos.

Depending upon

wind velocity and the physical condition of the cement,

a violation

of Rule 203(f)

of Chapter Two can occur during the unloading process

and transfer to the conveyors.

The area surrounding Petitioner’s

facility is devoted to heavy industry;

the nearest home is approx-

imately one-half mile from the terminal.

To achieve compliance with Rule 203(f)

of Chapter Two,

Petitioner is

in the process of installing

a modified pneumatic un-

loading system, which utilizes special suction nozzles.

This system

will be able to unload conventional barges and will replace the

crane operations.

This pneumatic loading system draws the cement

up into one of two pressure vessels; compressed air then forces the

cement into the storage silos.

Once the system becomes fully opera-

tional, cement dust will no longer be emitted into the atmosphere.

Completion of the project was originally scheduled for March 1975,

but delayed equipment delivery has postponed completion until May

1975.

Petitioner alleges that an additional time of at least two

months will be required beyond the May date to test and correct

initial operating difficulties.

Total cost of the system will be

15—

611

---

—2—

$1,054,000.

To date, Petitioner has expended $634,000 on the

project.

Beginning in January 1975 Petitioner expects to commence

using the basic pneumatic unloading system with specially de-

signed barges.

Such barges will be used until the specially

designed barges cannot be borrowed without impairing the

operation of other facilities.

Dundee hopes to avoid use of the

clamshell unloading system until May 1975, by which time the

modified pneumatic unloading system will be ready for testing.

The Environmental Protection Agency

(Agency)

filed its

Recomn~endationon February 3,

1975. Subject to certain conditions,

the Agency recommended that the variance be granted.

The Agency

noted that no public injury appeared from the grant of the

variance and that Petitioner has made substantial progress towards

emission control.

Furthermore, the Agency stated:

“The Agency recognizes that the time delays

experienced by Petitioner were legitimate, and feels

that the additional time requested for completion of

the project

is reasonable.

Furthermore,

the Agency

is of the opinion that once the pneumatic unloading

system

is operational, Petitioner will be in com-

pliance with Rule 203(f).”

On February 13,

1975,

the Petitioner filed a motion suggest-

ing that no hearing be held and agreeing to

a variance with the

conditions proposed by the Agency.

We believe that the Petitioner

is entitled to a

variance.

Petitioner has presented ample evidence that it would be an un-

reasonable hardship to deny a variance in this case.

While we

are satisfied with the Agency’s arguments, we do not agree with

the parties that a variance until December 31, 1975,

is warranted.

With installation of the new equipment scheduled for May 1975,

120 additional days should provide Dundee with sufficient time to

make its modified pneumatic unloading system operational.

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 Dundee

Cement Company

is granted

a Variance from the fugitive particulate

matter standards of Rule 203(f)

of Chapter

Two

from March

7,

1975,

until October

1,

1975, subject to the following conditions:

(a)

Petitioner shall continue to submit quarterly progress

reports in writing to:

Environmental Protection Agency, Divisic~

of Air Pollution Control, Control Program Coordinator,

2200

Churchill Road,

Springfield, Illinois 62706.

lb

—612

---

—3—

(b)

Petitioner shall maintain its performance bond in

full force.

Cc)

Petitioner shall make every effort to utilize the

pneumatic unloading system with custom barges until the system

is capable of unloading conventional barges, and continue to

use the pneumatic unloading system thereafter.

(d)

Petitioner shall continue to supervise the crane

operator to assure that precautions to minimize fugitive emissions,

as specified in Petitioner’s Exhibit #7, are adhered to strictly.

(e)

Petitioner shall make every effort to have its control

program completed at the earliest date possible.

Mr. Henss dissents.

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

Board, hereby certi y that the above Opinion and Order was adopted

on the

~

day of

_______________,

1975, by a vote of

~

to

~~tanL.ett