ILLINOIS POLLUTION CONTROL BOARD

April 4, 1974

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BENJAMIN HARRIS ~ COMPANY          

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PCB 74-21

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ENVIRONMENTAL PROTECTION AGENCY       

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ME. KENNETH ROY GAINES, appeared on behalf of Benjamin Harris ~

Company

MRS. KATHRYN S. NESBURG and MR. PETER ORLINSKY, appeared on behalf

of the Environmental Protection Agency

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

Benjamin Harris ~ Company (Harris) filed a Petition for

Variance on January 16, 1974 which they amended on February 28,

1974. The Environmental Protection Agency (Agency) filed a

Recommendation on February 28, 1974. On March 1, 1974 a hearing

was held at which time the parties submitted a detailed Stipulation.

On March 8, 1974 Harris filed a Post Hearing Brief.

Harris owns and operates a brass and bronze foundry located

at 11th and State Street in the City of Chicago Heights, Cook County,

Illinois. The foundry is equipped with one 4-ton cupol~ two 1-

ton crucible furn~e~s,one 10-ton rotary furnace, and 4 brass

and bronze reverberatory furnaces. The four reverberatory furnaces

are equipped with a baghouse. The cupola and two crucibles are

the subject of the present variance petition. The rotary furnace,

while treated in a prior variance request, (PCB 73-215) is not

included in the request for this extension of that variance.

This case involves an application by Benjamin Harris ~ Company

for an extension of a variance granted to Harris by the Board on

August 30, 1973 (PCB 73-215). The prior variance, from Rules

2-2.54 and 3-3.111 of the Rules and Regulations Governing the

Control of Air Pollution (Air Rules) was granted, subject

to several conditions, in order to allow Harris to operate their

cupola, rotary furnace, and two crucible furnaces in violation

of those Rules. The conditions required Harris to complete

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phases one and two of their six phase emission abatement pro-

gram for the above equipment, and to perform testing necessary

to determine the parameters needed to size the abatement

equipment. The variance was granted until February 4, 1974.

harris now seeks, in the instant case, a 9-1/2 month variance

from Rule 203 of the Air Regulations in order to operate their

cupola and two crucible furnaces while completing the remaining

phases of their emission reduction program. The Agency recommended

a denial of the petition for variance or in the alternative a

grant subject to certain conditions.

The hearing record in the instant case consists of a stipulation

of facts agreed to 

Harris and the Agency, including the record in

the previous variance case (PCB 73-2l5).There are two main issues

in this case; the need for a variance from Rule 203, and the

economic hardship if a variance were not granted.

The particulate emissions of concern to this case are emitted

the cupola and the tw~ocrucible furnaces, the rotary furnace

not being in use (Harris~”\Petition, Page 2). During the prior

variance period the cupola furnace was operated during two time

periods,December 11-17, 1973 and January 24-27, 1974, to perform

stack testing while the crucible furnaces were operated ~‘continuously”

(Stipulation, Page 3). During the variance period the crucible

furnace exhausts were connected to the existing cupola control system

which consists of an irrigated cyclone followed by an afterburner

followed by a second irrigated cyclone. The rotary furnace was to

have been, but has not yet been connected to the existing control

system. The new emission control system to be completed during the

next 9-1/2 months is a baghouse, with or without the existing

cyclones and afterburner, downstream of the manifolded furnaces

which will clean the exhausts from the cupola, crucible, and rotary

furnaces simultaneously.

A stack test performed by Polytechnic, Inc. on December 17,

1973 (Stipulation, Ex. D-II) downstream of the existing cupola

control equipment shows particulate emissions to the atmosphere

of 163 lb./hr. These emissions are stipulated to and are indicated

as being emitted from the cupola, even though the crucible furnaces

were tied into the system at this time and could also have been

contributing particulates. The cupola has a process weight rate

of 8333 lb./hr. and the resulting allowable emissions are 5.35 lb./hr.

(Stipulation, Para. 10) 

considerably less than those occurring

according to the stack test. A particle size analysis performed

by Polytechnic during this same test showed that 70 of the particles

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emitted by weight will be 4 micrometers or less in diameter with

the average diameter being 1 micrometer (Ex. D-II, Table III).

It is interesting to note that Harris had estimated emissions

from the cupola of 53 to 112 lb./hr. and the Agency 232 lb./hr.

during the prior variance hearing, based on both parties use of

AP-42 “Compilation of Air Pollution Emission Factors” and AP-58

“Air Pollution Aspects of Brass and Bronze Smelting and Refining

Industry” (PCB 73-215, R. 138, 233).

The emissions from the crucible furnaces have not been

measured, so the parties estimated them using emission factors,

each party coming up with a different answer. Harris estimates

the emissions per furnace as 2.0 lbs./hr. during “high zinc”

melts based on a process rate of 900 lb./hr. per furnace and some,

unknown, collection system efficiency (Stipulation, Page 12).

The Agency estimates an emission rate of 5.8 lb/hr. per furnace

during high zinc melts, based on the same process weight rate and

a control system efficiency of 20 (Stipulation, Page 12). Both

parties estimate an emission rate per furnace of 0.2 lb./hr.

during “no zinc” melts (Stipulation, Page 12).

The Board has estimated the emissions from the crucible

furnaces based on the stack test performed by Polytechnic. This

test used in conjunction with the standard emission factors shows

a collection efficiency for the existing system of 46. Applying

this efficiency to the emissions from the crucible furnaces, we

calculate an estimated emission level of 3.9 lb./hr. per furnace

during high zinc melts.

The allowable particulate emissions for the crucible furnaces

is also an item of contention. Harris alledges that Rule 203(b)

for existing sources if applicable with a total allowable level

of 3.8 lb./hr. for the two furnaces (Stipulation, Page 11). The

Agency alleges that Harris was not in compliance with Rule 203(b)

as of the effective date of the regulation and thus is governed

by Rule 203(a) for new sources which sets the limit for the two

furnaces together at 2.4 lb./hr (Stipulation, Page 12). The

Board finds that the Agency’s point of view is a correct one and

that, at least during high zinc melts, the crucible :Furnaces would

be in violation of the Air Regulations since together their emissions

would be at least 4.0 lb./hr. according to the lowest estimate,

which is Harris’ (Stipulation, Page 12).

Harris alleges economic hardship as the basis for their

variance request. They need the revenuegenerated by the cupola

and crucible furnaces to pay, at the minimum, the costs of their

ongoing compliance program and cannot wait the 9-1/2 month period

until the control program is complete before operating these furnaces

and generating revenue (Harris’ Brief, Page 4). Harris had lost

a total of $554,000 in fiscal years 1970 through 1972 and had a

profit of $75,000 in fiscal 1973 (Stipulation, Page 7). Notwith-

standing this profit, Harris’ line of credit was withdrawn on

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August 31, 1973 and the company was forced to pay off the balance

due of $575,000; which necessitated obtaining financing at much

higher rates from another bank (Stipulation, Exhibit H). To pay

the approximately $100,000 additional cost of the baghouse

control system,Harris desires to operate the cupola and crucible

furnaces in the interim (Stipulation, Page 7).

The cupola furnace reprocesses slag from the reverberatory

furnace in a continuous operation lasting 24 hours a day for

5 days. The process refines the reverberatory slag, having essen-

tially no value, into “black copper”, a metallic material having

a value of approximately 50 cents per pound (Exhibit H, Para. 3).

Since the cupola furnace has not been operated except for the

two weeks for testing, the reverberatory slag has been accumulating

at a rate of 50 to 100 tons per week. During the two weeks of

cupola operation in December, 1973 and January, 1974, Harris

processed 993,000 pounds of slag into black copper and made a

profit of $34,100 (Ex. H, Para. 4). In addition, in September,

1973 Harris shipped one million pounds of slag to an outside

smelter for processing and made a profit of $4,600 on the trans-

action after paying the outside smelter $37,000 (Ex. H, Para. 7).

The slag that had accumulated as of the prior variance hearing

in August, 1973 was 7 to 8 million pounds (PCB 73-245, R. 30),

which with additions and reprocessing is probably the amount on

hand today.

Harris in their petition for variance asks to make fifteen

5-day cupola runs during the 9-1/2 month period. According to the

above information, this would net them a profit of between $272,000

and $443,000  

by the processing of 8.0 million pounds of slag--

essentially all of the material that has accumulated.

The crucible furnaces are used by Harris to produce alloys

of varying zinc content, those characterized as “high zinc” having

a zinc content of 15 or more. Each run (or heat) takes 2.33 hours

and Harris averages 40 high zinc heats per month. It is stipulated

that the production of alloys containing no zinc produces negligible

emissions (0.2 lbs./hr.) (Stipulation, Para. 11) but as we have

concluded previously, during high zinc melts the furnaces are not in

compliance. It is estimated by Harris based on 1973 data, that

the yearly profit from the production of these high zinc alloys is

$90,000. Thus if a variance for the crucible furnaces were granted

for a 9-1/2 month period, the profit would be approximately $71,000.

If a variance was not granted, the inability to produce these

alloys would result in the loss of other business besides the high

zinc alloys,according to Harris ,since their customers purchase

several different alloys from the same producer rather than from

several producers (Ex. H, Para. 7).

The above financial information shows that Harris could expect

to make a substantial saving in expense if their variance request

for the cupola and crucible furnaces was granted; an amount

considerably in excess of their additional compliance cost of

$100 ,000.

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Because of the excessive particulate emissions from the cupola

and because the particulate analysis shows the average particle

diameter to be 1 micrometer, the worst size in terms of retention

in the lung (Stipulation, Page 9, Ex. D-II, Page 3), it seems

to us that the operation of the cupola and crucibles should be

limited as much as possible. In particular, the cupola would

emit approximately 40 times the particulates as the crucibles

but would only generate 3 to 7 times the profit during the 9-1/2

month period. Therefore, a variance granted by the Board on

the basis of hardship should allow the full use of the crucible

furnaces but only limited use of the cupola. The Board thus limits

the cupola runs to six during the 9-1/2 month variance period. This

would generate, including the crucible furnaces, a profit of

approximately $173,000, an amount 70 percent greater than that

required by Harris to complete their compliance program.

The above constitutes the Board’s findings of fact and

conclusions of law.

ORDER

The Board hereby grants Harris a variance from Rule 203

of the Air Regulations until January 19, 1975 subject to the

following conditions:

1.  Petitioner may operate its cupola furnace for a maximum of

eight five-day runs to enable Petitioner to cover the expenses

of the proposed control program.

2.  Petitioner shall submit a monthly report to:

Illinois Environmental Protection Agency

Division of Air Pollution Control

Control Program Coordinator

2200 Churchill Road

Springfield, Illinois 62706

The reports shall describe furnace operations by type and

quantity of metal processed, progress toward completion of

Petitioner’s program to achieve compliance, gross and net

income due to furnace operation, and expenses incurred pur-

suant to completion of the program.

3.  Petitioner shall modify the control program to include

provisions to control emissions during the tapping operation.

4.  Petitioner shall not run the rotary furnace during the

period of any variance granted in this matter.

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5.  The crucible furnacesshall be run as much as possible

to generate funds to pay for the control equipment. Emissions

occurring from the crucible furnaces during the melting

and tapping shall be ducted to the existing control equip-

ment and not vented directly to the atmosphere when possible.

6.  Within thirty (30) days of the Board Order in this matter,

Petitioner shall post a Performance Bond in terms acceptable

to the Agency and in an amount of $5,000 to ensure installa-

tion of control equipment.

IT IS SO ORDERED.

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

Boa~d,hereby certify the above Opinion and Order were adopted on the

“

day of April, 1974 by a vote of 

..~—o

C ristan L. Mof~ett4~lerk

Illinois Pollution r~±itro1Board

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