May 29, 1974

DEERE

& COMPANY,

)

Petitioner,

vs.

)

PCB 74—119

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

INTERIM ORDER OF

THE

BOARD

(by Mr. Henss):

Petitioner requests variance from several regulations,

including the particulate emission standard, for operation of

a malleable iron foundry at Hoopeston, Illinois,

This variance

request has been submitted for our consideration upon the

Petition of Deere

& Company and the Recommendation of the

Environmental Protection Agency.

As occasionally happens on

issues which are not subjected

to hearing, some of the detail

is missing and we will require the parties to file comments

for the purpose of clarifying the record.

The additional

comments shall be filed by June

13,

1974.

The parties should relate in greater detail the basis

for calculating the allowable particulate emission rate in this

case.

When this matter was before us previously

(PCB 73—88)

it

was indicated that the process weight rate would be 4,000 lbs./hr

The allowable particulate emission rate was therefore calculated

at 3.7 lbs./hr.

The current record, however, indicates that Deere has

changed the quantity and type of raw materials used in its

“typical charge”.

If the melt cycle remains at 10 hours,

it

appears that the process weight rate in the current proceeding

might be 6400 lbs./hr,

If this is

true the allowable particulate

emission rate would be 4.72 lbs./hr.

However, the Agency calculates the allowable particulate

emission rate at 3.54 lbs./hr.

“for the reported process weight

rate of this source”.

This implies still another process

weight

rate.

i2~-497

---

—2—

Two stack tests which were conducted during the

same

batch cycle showed particulate emissions of 4.69 lbs./hr. and

1.59 lbs./hr.

Deere contends that the stack tests should be

“averaged” and that therefore the actual emissions are 3.14

lbs./hr.--a figure within the allowable rate.

The Agency

refused to ‘~average~’the results of the two stack tests and

denied an operating permit on the ground that particulate

emissions exceed the allowable rate.

The determination by

the Agency that Deere was in violation of the particulate

standard caused Deere to file for variance.

The record is inadequate for our determination of the

allowable particulate emission rate.

Some of the figures indi-

cate that Deere might be in compliance with its “present practice”.

If this

is true the variance petition may be dismissed as moot.

The parties also should comment on the Deeie claim that

the stack tests should be

“averaged”.

It is ordered that the parties file their comments

the averaging of stack tests by June 13,

1974.

I, Christan L. Moffett,

Clerk of the Illinois Pollution Control

Board, hereby certify the above Order was adopted this

~q~i

day of

_________,

1974 by a vote of

~

to p

/fl

~L’~J~

12—458