ILLINOIS POLLUTION CONTROL BOARD

February 7, 1974

Environmental Protection ~ency

PCB 73—200

Sam Kanter, Sam Cohen, and Benjamin Kanter,)

d/b/a Standard Metal Company

)

Douglas T~ Moring, Assistant Attorney General for Cornplainant~

I. Walter Deitch, Attorney for Respondents~

OPINION AND ORDER OF THE BOARD (by Dr. Odell)

On May

9,

1973, the Illinois Environmental Protection

Agency (EPA) filed its Complaint alleging violations of Section

9(a) of the IllInoIs Environmental Protection Act (Act) and Rule

3-3~l1lof the ~Rules and Regulations Governing the Control of

Air Pollution (Rules and Regulations). Specifically, it was

asserted that Respondents were discharging excessive amounts of

hydrocarbons and smoke into the air, On September 11, Respondents

filed a motion to strike and dismiss the ComplaintS This was

denied by the Board on September

20,

1973, except that Respondents

were given leave to amend the Complaint regarding the matter of

parties~ Respondents, however, have chosen not to do so,

Respondents own and operate a facility for the reclamation of

non—ferrous metals

and

alloys~ A furnace is used to reclaim

aluminum from

aluminum

and dye~cast breakage~ The building hous-~

ing the furnace from which the emissions emanate is located on the

west side of Wentworth

Avenue

between 40th and 41st Streets in

Chicago, Cook

County,

Illinois, The building is bordered on the

north by an

automobile

rebuilding yard, on the east by the Dan Ryan

Expressway, on the south by a

truck yard, and on the west

by Standard

Metal

Company’s yard~

A hearing was held on October 25, 1973; process weight

calcul-

ations and

emissions were stipulated to by the parties~ The parties

agreed that the

process weight was 450 pounds per hour, Estimated

emissions were 3,26 pounds per hour, while allowable emissions

under Rule 3-3,111 of the Rules and Regulations are

1~5

pounds per

hour (R-5,6)~ Respondents were given 60 days to gather data and

develop a program of compliance (R-6),

The second and final hearing was held on January 4,

1974, in

which a Stipulation was made part of the record,

The Stipulation

reiterated the emission rates set out in the previous hearing and

included an agreement by Respondents to install an afterburner on

the furnace to

bring

it

into compliance ~‘subjectto the issuance

11

171

---

f the ne~ecsar~perm~tsuy the ~ien~y and the ity of Chicaga

a~d the avai ab ltt o~ fue

~o op~r3te cc fterburner

(R~

~rtle

dditi nal cv derce was ra~

art cxt

e bearing reco~o~

o say rt r~ntii impsc~. a atern rL was intro.uced~ no date for

instaliati n or coap iarco was ente~e3 irt~ e~idence, The oarties

did

~t~pui

~e aat ~E~ponc~ent3 have air soy ~ught

and

received

b~ds:or

~bc arterburner ‘R-B

Tr ~e final psragraph of the

tipulation ~aragraon a at R~

,

~ o~ndent~,argued that tney

nad not ~ao ated ~he

t’

r a

a~tcrnaLive if they were

~r vioia~a

sc~h

lat~ors aer~ ~ c~a~ Respondents further

:gae~ t

o hPA ~aJ ca~le~iao

~roi

e any ~vidence

of

a lat

£ t e

a Pu1e~ act

r

-

a~

~ a tte ~o ‘ide

~-nd

-a~eaui~tan’

a nreoso n~ ~arc3ni

Lsoor~e

r~ ~

~

eA~a~

£is Op

fli~

3cL3~10

~t ~

i

ace ~a~at ~e

~)

h

F~arronmental~roocc

a

~ noas ~2~06~ ~

r

~-~l r~

~opt~on of t us Drr

2 espondena~

~ne

GL&tiO~S

of t~c

in this action,

~i~lLS

ao of cmi sioa

a adonts vi~1ated Sect on

e Rules and Regulations

~o ~ow that compliance wi’~

oa~upon Lhem an ~rb~trary

£

u~2

~~00 for t~.

I ns as describe

tied h ck or money order

a

:~aJ ~‘ervices Dbv~i

~j

~ Foad, 5pri~ ie~

~i

~n 35 days or

ea~ ad d~ ~y ~une 1, 1974, frw

I~ ~.

~‘ot~ons establL bed

3. Reap ndent~ ar-tieve m~liance Lhrough

the

installation

of the afterburner by Cune 1, 1974

4, Respondents report to EPA on a ~nonthlybasis be~innirg

on March 1 1974, their progress under the compliance prog~m~

Compliance with the Act and Rules e~oPe~ulatf~us

and

the trans~

mittal

of

such

informatior

to the

ri~.

~hsL~ba the co~dition

precedent to the

terminatIon of Resp~.odencs~ monthlj re~orting

requirement,

Mr. Sea’naa

abstains,

I, Christan

L. Moffett, CierR of th~Illinois £o11u~LonControl

Board, hereby certify that

the abaie Opinion and O~derwas ado~ed

on the ~ day of

~

i974, by a vote

of ~ to ~

0

~of~Chr~stan

L~

t~aa a ~gLt at t~

a

~,rin~