ILLI ~ DI S
    ?OLLUTION
    CONTROL
    BOARD
    January
    31,
    1974
    FORTY-EIGHT
    INSULATIONS,
    INC.
    PETITIONER
    )
    PCB
    73—478
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    RESPONDENT
    VICTOR VON SCHLEGELL,
    PRESIDENT,
    in
    behalf
    of
    FORTY-EIGHT INSULATIONS
    INC
    JAMES
    K.
    JENKS,
    II,
    ATTORNEY,
    in
    behalf
    of
    the
    ENVIRONMENTAL
    PROTECT-
    ION
    AGENCY
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    Mr.
    Marder)
    This
    action
    involves
    a
    request
    for
    variance
    from
    a
    Board
    Order
    dated
    March
    22,
    1973,
    in
    PCB
    72-52,
    Relief
    is
    requested
    for
    six
    months
    to
    allow
    compliance
    with
    said
    Ord~r and
    to
    permit
    continued
    operations
    of
    WoOl
    Room
    #1.
    The
    Agency
    in
    its
    recommendation
    filed
    January
    14,
    1974,
    recommends
    a
    denial.
    Petitioner
    owns
    and
    operates
    in
    the
    Village
    of
    North
    Aurora
    a
    fac-
    ility for the production of mineral wool for the construction industry.
    Wool Room
    #1
    consists
    of
    a cupola, wool collection char~er,curing oven,
    cooler, and cutting and packing equipment.
    Said facility processes
    5,055 lbs/hr.
    of mineral wool fiber and 115 lbs/hr. of binder solids
    from slags and other mineral raw materials~
    Petitioner alleges that its emissions range from 6.5 to
    22 lbs/hr.,
    and equipment installed to date has been very beneficial
    in reduction
    of emissions.
    History:
    On March
    22,
    1973,
    the Board found Forty-Eight Insulations to be in
    violation of Rules 2-2.11, 3-3~00Oand 3~3.l1lof the Rules
    and Regula~
    tions Governing the Control of Air Pollution.
    The Order of the Board
    read in part:
    “1)
    Respondent
    (shall)
    submit a program for abatement of
    the poilutional discharges
    from
    its
    #1 Wool
    Room
    with~
    11
    109

    in
    60 days from the date hereof
    and cease and
    desist
    violation of
    the particulate regulations
    with respect
    thereto within 120 days from
    the
    receipt of this Order.”
    Petitioner alleges
    that “immediately upon
    receipt of the Board~sOr-
    der,
    Petitioner commenced investigation, research, and engineering
    to
    comply
    with the Board~sOrder.”
    An application for
    construction permit
    was
    filed
    on May 11,
    1973,
    to allow installation
    of a custom spray scrub-
    ber.
    Petitioner proposes
    the following timetable for
    construction and
    installation:
    Phase
    I:
    Extension and
    improvement of helix
    plus
    first stage
    skimmers
    in the
    helix shroud
    -
    Decem-
    ber
    1,
    1973.
    Phase
    II:
    Second stage skimmers
    above Phase
    I
    skim-
    mers.
    Design contingent on
    results of Phase
    I
    February 15,
    1974,
    Phase
    III:
    If required, mechanical driven moisture
    separator
    March
    15,
    1974,
    The Board~sOrder required completion of abatement facilities by
    July 20, 1973;
    therefore Petitioner proposes that
    a
    complete
    abatement
    program
    •would
    take
    eigbt
    months
    .ionger
    or
    a
    total
    of
    about
    one
    year
    from
    the
    date
    of
    the
    original
    Or•der
    of
    PUB
    72-5•2,
    Th.e
    Agency
    contends
    1.±at Petitioner
    has
    not
    been
    diligent
    in
    its
    attempts,
    pointing
    out
    that
    two
    instant..
    variance
    was
    not
    filed
    until
    November
    13,
    1973,
    or
    almost
    1..our
    months
    after
    the
    deadline
    in
    PUB
    72—
    52.
    Petitioner
    had,
    however,
    pursued
    its
    proq.ram,
    and
    on
    Septoi~3e~2i,
    TU73,
    had
    conducted
    a
    stack
    ~ost
    to
    ascertain
    the
    results
    of
    its
    init-
    ial
    abatement
    attempt1
    that
    being
    a
    custom
    spray
    scrubber,
    Said
    test
    stowed
    that
    wniee
    the
    scrubber
    was
    ~verv
    effebuive,
    it
    still
    JiC
    not
    bring
    Pet~t~oner Into
    con
    liance~.
    Aitnough
    the
    toard
    feels
    that
    Pet-
    itioner
    could
    have
    filed
    the
    instant
    variance
    Petition
    earlier, we
    feel
    that
    Petitioner
    s
    attevpts
    to
    comply
    coupled
    with
    Petitioner
    s
    allega-
    tions
    that
    delay
    was
    caused
    by
    unanticipated
    design
    and
    construction
    delays,
    are a significant showing of good faith,
    In
    ordering
    compliance
    within
    120
    days,
    the
    Board
    had
    no insight
    as
    to
    what
    type
    of
    abatement
    would
    be
    chosen
    or
    the
    complexity
    of
    in-
    stallation.
    One
    of
    the
    main
    objectives
    of
    such
    an
    order
    is
    to
    mbv~ an
    emitter
    into
    action
    the
    possibi1it~
    of
    an
    extension
    is
    always
    there,
    and
    should
    be
    considered
    on
    its
    mer,its
    In
    the
    instant
    case
    the
    Board
    feels
    that
    a
    total
    of
    one
    year
    is
    not
    an
    unreasor
    able
    time
    allotment
    to
    bring
    about
    compliance,
    when
    one
    consIders
    the
    type
    of
    proj oct
    to
    quired.
    Petitioner alleges
    that denial of
    a variance world necessitat.e
    a
    shutdown of
    the faciialies
    ~e
    B
    two
    I
    ~ar~
    s
    In

    shield from prosecution.
    However,
    a shutdown is an option open to Pet-
    itioner.
    In the event of
    a shutdown Petitioner alleges that
    a number
    of its
    employees
    would he laid off, and
    that its product is insulation
    and
    is
    thus
    important
    as
    an
    energy
    conservation
    medium.
    The
    Board
    finds
    that
    while
    those
    reasons
    are
    at
    best
    a
    very
    weak
    hardship
    argu-
    ment,
    in
    light
    of
    the
    short
    duration
    of
    the
    variance
    it
    will
    suffice.
    Environmental
    Impact:
    The
    Agency
    contends
    that
    it
    has
    had
    “numerous”
    complaints
    from
    citi-
    zens
    living
    in
    the
    area and that
    many
    have
    opposed
    the
    granting
    of
    a
    variance.
    The
    Board
    feels
    that Petitioner~sreductions
    to date
    should
    sufficidntly curtail aomplaints, and
    that
    the nature of Petitioner~s
    emissions are not of
    a toxic type.
    The Board further notes thAi in the
    original enforcement
    action,
    PCB 72-52,
    the Agency
    conceded
    that it
    had offered no evidence in support of a
    9
    (a)
    violation
    (Opinion PUB
    72—52,
    Pg.
    1)
    This Opinion constitutes the findings of
    fact
    and conclusions of law
    of the Board.
    IT
    IS THE ORDER of the Pollution Control Board that:
    Petitioner be granted
    a variance from Board Order
    (1)
    of PUB
    72-52
    subject
    to
    the
    following
    conditions:
    I)
    Time for comoliance with Board Order
    #1 of PCB 72-52
    stall be extended until March 15, 1974.
    2)
    Petitioner
    shall
    send
    monthly
    reports
    to
    the
    Environ-
    mental
    Protection
    Agency
    detailing
    its
    progress
    in
    meeting
    the compliance plan, and a final report upon
    completion
    of its abatement project.
    IT IS SO
    ORDERED.
    1~Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    bard,
    certify
    th~t
    the
    above
    Opinion
    and
    Order
    was
    adopted
    by
    the
    ~rdon
    the
    ~3/~
    day
    of,
    1974,
    by
    a
    vote
    of
    ~
    to
    11—111

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