ILLINOIS POLLUTION CONTROL BOARD
    August
    30,
    1973
    ENVIRONMENTAL PROTECTION AGENCY
    )
    71-248
    v.
    STERLING ALLOY CASTING COMPANY
    MICHAEL
    A.
    BENEDETTO,
    JR., ASSISTANT ATTORNEY GENERAL, APPEARED
    ON BEHALF OF ENVIRONMENTAL PROTECTION AGENCY
    ALEXANDER HAGLUND, APPEARED ON BEHALF OF RESPONDENT
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Seaman):
    Complaint was filed by
    the Environmental Protection Agency
    against Sterling Alloy Casting Company on August
    20,
    1971,
    alleging
    that Respondent,
    in
    the operation of its Rock Falls foundry, between
    January 18, 1967
    and June 30,
    1970,
    emitted contaminants
    into the
    air in violation of the Illinois Air Pollution Control Act and created
    a public nuisance as therein defined, and subsequent to July
    1,
    1970,
    Respondent emitted contaminants
    into the air
    so as to cause air
    pollution,
    in violation of Section 9(a)
    01
    the Environmental Protec-
    tion Act.
    No proof has been made of any
    of
    the foreqoinc~violations
    and the Attorney General has conceded that ccnp?ainant dces not
    intend
    to pursue these alleged violations.
    The complaint,
    further alleges that
    SjnCE:
    April l~, 19E8,
    Respondent’s operation emitted particulates
    in
    excess
    of allowable
    limits so as to constitute
    violation
    of Rules
    2—2.1,
    2—2.5 and
    2—2.54
    of the Air Pollution Rules and Regulations and that Respondent
    has
    failed to file an Air Contaminant Emission Reduction Program
    (l’~c?rp)
    in violation of Rules 2—2.22,
    2—2.31(f) and 2—2.41 of the Air Pollution
    Rules and Regulations.
    The first hearing was held on January 14,
    1972, at which time
    a proposed stipulation was discussed.
    The hearing was continued to
    March
    24,
    1972, but as appears from the record, the Stipulation was
    never entered into and hearings were not resumed until May
    1,
    1973,
    at which time they were continued to June 13,
    1973, pending the com-
    pletion of stack testing.
    The last hearing was held on June 13,
    1973,
    at which time the stack tests were testified to.
    Respondent’s operation facilities
    at Rock Falls consist
    primarily of
    a gray iron cupola used in the production of castings.
    Approximately
    80 people are employed and gross sales in the year 1972
    amounted to $685,000.00.
    Respondent’s initial efforts at air pollu-
    tion abatement were somewhat primitive,
    and consisted primarily of
    9— 133

    baffles installed in the cupola, which, even assuming Respondent’s
    unsupported suggestion that this equipment was 50
    to 60
    efficient,
    would still not bring the operation into compliance.
    Computations
    made by the Environmental Protection Agency in December of 1971
    (EPA Ex.
    I) indicate that with a process weight rate of 10,667 pounds
    per hour allowable emissions based on the applicable tables contained
    in the Regulations, would be limited to 18.99 pounds per hour against
    an actual particulate emission rate of 90.67 pounds per hour based on
    standard emission factors
    (EPA Ex.
    2).
    While this figure would be
    premised on uncontrolled emissions,
    even assuming Respondent’s
    50
    to 60
    efficiency from the baffle installation, the emissions would
    be substantially in excess of those permitted by the applicable
    Regulations.
    This condition maintained at least until November,
    1972
    (R. June 13,
    1973,
    p.
    26)
    when other equipment was installed.
    Between February,
    1971 and January,
    1972, Respondent considered the
    installation of
    a wet cap, but upon further reflection and receipt
    of advice from Environmental Protection Agency personnel,
    this pro-
    posed program was abandoned as being incapable of achieving the
    necessary compliance.
    There does not appear to be any question at this point in the
    record that Respondent had failed to file
    its Acerp and was not in
    compliance with the relevant regulations.
    Subsequently,
    a used
    bag house with blowers was installed,
    together with three afterburners
    used to reduce carbon monoxide emissions.
    Additional bag house installa-
    tions were made although the precise sequence of events is not clear
    from the record.
    However, by November,
    1972,
    the installation was
    complete.
    (P. June 13,
    1973,
    p.
    26).
    The iecord is replete with
    evidence that Respondent has experienced difficulties
    in the operation
    of
    this equipment,
    as well as in the functioning and repair of its cupola
    including inefficiencies of components
    of the bag house installation,
    wear and corrosion attributable to high temperatures and leakage both
    from the bag house operation and charging doors.
    CR. 5/1/73,
    Pp.
    49,
    102 and 104 and
    R.
    6/13/73, pp.
    63,
    66,
    275).
    Unquestionably, part
    of this inefficiency
    is
    a result of Respondent’s failure to employ
    professional assistance
    in the installation of its various abatement
    facilities.
    Subsequent
    to the second hearing and the absence of adequate
    testimony as to whether the facility was operating within the
    regulatory limitations,
    stack tests were proposed and the hearing
    continued, pending receipt of this information.
    We must conclude,
    based on the state of the record,
    that the stack tests neither prove
    nor disprove compliance with the Regulations.
    The first stack test conducted on May 24 indicates compliance
    with the Regulations.
    However,
    it is evident that the scrap employed
    in the earlier test was not characteristic of that used in the operation
    but was abnormally clean
    CR. 5/1/73, pp.199-200),
    so as not to fairly
    represent the operation of the facilities.
    Furthermore, while
    12
    —2—
    9
    134

    sampling ports were to be tested at
    5 minutes per port, one port
    was sampled for 15 minutes and at least 3 other ports appear not to
    have been sampled at all.
    Further, deviations in isokinetic condi-
    tions indicate that the test was outside of the 10
    deviation factor
    normally permissible in such testing
    (R.
    5/1/73, pp. 232—233.)
    In addition,
    the possibility of particulate emissions escaping
    through leaks
    in the system and defects in the charging door,
    suggest
    that the figures demonstrating compliance are subject to question.
    The May 25,
    1973 test indicated that the abatement equipment was
    malfunctioning or inoperative in part,
    resulting in an actual
    emission of 18.69 pounds per hour against an allowable rate of
    15.85 pounds per hour.
    Respondent endeavors to justify this dis-
    crepancy on the basis that several bags were disconnected and that
    malfunctioning
    in the system resulted in the higher results obtained.
    Even if this was true,
    it in no way can be construed as demonstrating
    compliance based on the second test.
    Accordingly, because of the
    aspects of the first stack test above referred to, being of such a
    nature as to cast question on the compliance figures demonstrated,
    and the failure to establish compliance based on the secc.nd test,
    we must reject the stack testsas demonstrating compliance so far
    as this record
    is concerned.
    (Respondent’s Ex.
    C).
    In recapitulation therefore, we
    find that Pespordent has
    failed
    to file an Acerp,
    has been in violation of the Regulations at least
    until November,
    1972 and has failed. to demonstrate that it
    is present-
    ly in compliance.
    We will assess a penalty for the violations afore-
    said in the amount of $1,000 and because of the inadequate state of
    the record as
    to present compliance, direct Respondent to cease and
    desist its particulate discharges
    in violation of the Regulations,
    the achievement of such compliance
    to be accomplished by three months
    from the date of this order.
    We believe this will give Respondent
    adequate time
    tc both make suitable testing’ to determine whether,
    in fact, it
    is meeting
    thc’
    relevant regulations and if not,
    to take
    such steps as are necessary,
    including the required installation
    to achieve such result.
    In assessing the penalty aforesaid,
    we are
    not unmindful of the difficulties enocuntered by foundries
    ir
    achieving compliance.
    However, we believe that Respondent’s
    amateurish efforts have unduly suspended compliance, where profes-
    sional
    advice
    and
    a
    reasonable
    expenditure
    cculd
    have
    achieved
    the
    necessary
    results
    at
    a
    far
    earlier
    date.
    We
    are
    not
    impressed
    by
    the
    financial
    dat:a
    Respondent
    has
    submitted
    that
    it
    is incapable
    of
    hrirgincj
    its
    operation
    into
    compliance.
    If,
    indeed,
    it
    has
    spent
    $90,000
    to purchase and install
    such
    equipment
    as
    it
    presently
    has
    on
    hand,
    a
    relatively
    modest
    -
    9
    135

    increased expenditure should bring it into compliance.
    This opinion constitutes the findings of fact and conclusions
    of law of the Board.
    IT IS THE ORDER of the Pollution Control Board that:
    1.
    Penalty in the amount of $1,000 is assessed against
    Respondent for violation of Rules
    2—2.22, 2—2.31(f)
    and 2-2.41 of the Rules and Regulations Governing
    the Control of Air Pollution for failing to file an
    Air Contaminant Emission Reduction Program and for
    emitting particulate matter in violation of Rules
    2—2.1,
    2-2.25 and 2-2.54 and Table
    I and II of Chapter II
    of the Rules and Regulations Governing the Control of
    Air Pollution between April 15,
    1968 and November
    1,
    1972.
    Payment shall be made by certified check or
    money order, within
    35 days from the date of this
    Order, and shall be sent to:
    Fiscal Services Division,
    Environmental Protection Agency,
    2200 Churchill Drive,
    Springfield,
    Illinois 62706.
    2.
    No later than 90 days from the date of this order, Respon-
    dent shall cease and desist all violations of the Rules
    and Regulations Governing the Control of Air Pollution
    and the Environmental Protection Act with respect to
    emission of particulate matter from its Rock Falls
    foundry.
    Respondent shall notify the Environmental
    Protection
    Agency when it believes it has achieved
    compliance, and stack tests shall be conducted jointly,
    within 15 days thereafter, by an independent testing
    agency and report thereof submitted to the Pollution
    Control Board.
    The Board reserves jurisdiction for such
    other and further orders as shall be appropriate based
    upon the receipt ~f the foregoing testing data.
    1, Christan Moffett, Clerk cf the Pollution Control Board, certify
    that the ahçvo Opinion and Order was adopted on the~1O~’ day of
    ~
    1973, by a vote of
    ~
    to
    ~
    —4—
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    136

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