ILLINOIS POLLUTION CONTROL BOARD
December 6, 1973
)
ARMOUR-DIAL, INC.
)
)
)
v.
)
PCB 73-388
)
)
ENVIRONMENTAL PROTECTION AGENCY
)
)
MR. JOSEPH S. WRIGHT, JR.
,
MICHAEL B. FREEBORN and HACKBERT, ROOKS,
PITTS, FULLAGAR, AND POUST, appeared on behalf of Armour-Dial
MR. FREDERICK J. ENTIN, Assistant Attorney General, appeared on
behalf of the Environmental Protection Agency
OPINION AND ORDER OF THE BOARD (by Mr. Durnelle):
Armour-Dial filed a petition for variance from Rules 205(f),
103(b) (6) (E), 104(c) (1) of the Air Pollution Regulations on
September 10, 1973. The Agency filed its Recommendation to grant
the variance subject to an objection to the length of time requested
by petitioner, on November 14, 1973. No hearing was held.
The Board granted Armour-Dial a variance from the same air
regulations on June 21, 1973, PCB 73-105, until September 30, 1973.
Armour-Dial’s variance petition seeks an extension of the variance
granted in PCB 73-105,
The Opinion and Order of the Board in PCB 73-105, contains
a detailed description of Petitioner’s manufacturing plant which
is located in Montgomery, Illinois, A hearing in PCB 73-105, was
held on May 17, 1973. Based on the record produced in that hearing,
the Board granted Armour-Dial a short-term variance so that
Armour-Dial could prepare final design plans and schedules to
install equipment to control the 18-lbs./hr. of organic materials
that are discharged from petitioner’s cooling towers which are in
excess of the allowable emission of 8-lbs./hr.. found in Rule 205(f)
of the Air Pollution Regulations. Armour-Dial allegedly received
the final engineering plans from its consultant engineers on August
27, 1973, and submitted a revised project completion schedule
covering the construction of the surface condensers to the Agency.
This project completion schedule indicates that Armour-Dial will
be in compliance on August 31, 1975. Armour-Dial is seeking to
extend the short-term variance from Rule 103(b) (6) (F) and 104 (c) (1)
until December 31, 1973, and to extend the variance from Rule 205(f)
until December 31, 1974,
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The Agency states in its Recommendation that petitionerts
proposed program for compliance with Rule 205(f) will reduce the
odor problem which has been the subject of complaints received
by the Agency, and if
designed properly, reduce organic emissions
to a level in compliance with Rule 205(f). The Agency alleges
that the length of time requested by Armour-Dial is excessive
because petitioner has allowed a seven month period between
the letting of construction bids and the actual start of con-
struction. The Agency allegedly does not understand why petitioner
cannot perform its in-house evaluation of bids within two months
after receipt in order that construction could begin by
January 1, 1974 instead of April 1, 1974 as proposed.
The Board finds that the compliance program submitted by
Armour-Dial should result in an abatement of the air pollution
problem. The Board agrees with the Agency that such an extended
period of time to perform in-house evaluat:ion of construction bids
is unreasonable.
This Opinion constitutes the Board’s finding of fact and
conclusions of law.
ORDER
The Board hereby grants Armour-Dial a variance from Air
Pollution Regulations Rules 103(b) (6) (E) and 104(e) (1) until
December 31, 1973, and Rule 205(f) until December 6, 1974, subject
to the following conditions:
1. Commencing thirty (30) days from the date of this Order
by the Pollution Control Board,.Petitioner shall submit
quarterly reports to the Agency detailing the results of
all tests and studies undertaken and a complete description
of all progress made toward compliance with Rule 205(f).
Said reports shall be submitted to:
Illinois Environmental Protection Agency
Division of A:ir Pollution Control
Control Program Coordinator
2200 Churchill Road
Springfield, Illinois 62706
2. Petitioner shall achieve compliance with Rule 103(b) (6) (E)
and Rule 104(c) (1) by December 31, 1973.
3. Petitioner shall apply for and obtain all necessary Construction
Permits
for its proposed control program.
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4.
Petitioner
shall post a Performance Bond in the amount of
$100,000 to :insure installation
o:f the surface condensers.
Such Performance Bond shall be posted by January 15, 1974,
and shall he in a form satisfactory to the Environmental
Protection Agency. Said bond shall be submitted to:
Illinois Environmental
Fiscal Services
2200 Churchill Road
Springfield,
Illinois
IT IS SO ORDERED.
Protection Agency
62706
I, Christan L
.
Moffett
,
Clerk of the I llino.is Pollution Control
Board, hereby certify the above Op inion and Order were adopted on the
ci
ay
of f)e c
ciith e r, I 9 73 by a
vote o f
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Illinois Poillutlo
trol
Board
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