ILLINOIS POLLUTION CONTROL BOARD
    October 11, 1973
    J.
    R. SHORT MILLING COMPANY
    )
    PETITIONER
    v.
    )
    PCB 73—251
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    )
    RESPONDEN~T
    MR.
    PHILLIP
    B.
    BOWMAN,
    on
    behalf
    of
    the
    J.
    R.
    SHORT
    MILLING
    COMPANY.
    MR.
    LARRY
    R.
    EATON,
    ASSISTANT
    ATTORNEY
    GENERAL,
    on behalf of the
    ENVIRONMENTAL
    PROTECTION
    AGENCY.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Mr. Marder)
    This action concerns a petition for variance filed by the J.
    R.
    Short Milling Company on June 18,
    1973.
    On June 21,
    1973, the pet-
    ition was reviewed by the Board and was found to be inadequate.
    An
    order of the Board was written directing Petitioner to file an am-
    ended petition within 21 days.
    An amended petition was filed on
    July 6,
    1973;
    said amended petition contained all the pertinent re-
    quirements and was accepted by the Board.
    The Agency filed a recom-
    mendation on August 20,
    1973.
    The recommendation called for
    con-
    ditional
    approval after sufficient proof of fact was established at
    hearings.
    Petitioner filed a response to the Agency recommendations
    on August 30,
    1973.
    Hearings were held on September
    5,
    1973,
    in
    Kankakee, Illinois.
    J.
    R. Short Milling Company is
    an agriculturally-oriented pro-
    cessing firm operating two plants at its Kankakee, Illinois, loca-
    tion.
    The first plant is a corn milling division which produces
    more than 5,000,000 bushels of corn per year.
    The second plant
    is
    its bakery division, which produces special flours for the wholesale
    baking industry.
    The company accounts for about
    8 percent of the
    total market.
    The
    J.
    R.
    Short Milling Company also operates a
    1,000,000 bushel grain elevator for storage and drying of said grain.
    J.
    R.
    Short
    requests
    a
    variance
    from
    “All
    applicable
    rules
    and
    regulations” which would then allow them to burn Illinois coal for
    one year.
    The Agency has interpreted this to mean
    a variance to
    Rules
    3-3.122 and 2-2.53 of Rules and Regulations Governing the Con-
    trol of Air Pollution continued pursuant to Section 49
    (c)
    of the
    Environmental Protection Act.
    The Board agrees with the Agency
    that the variance consideration should be limited to these two rules.
    453

    —2—
    The situation complicates itself in that an enforcement action
    (PCB 72—218)
    is still pending, and the facts uncovered in PCB 72—218
    are stron~’lyinterwoven with this case and cannot be ignored in this
    variance consideration.
    Indeed,
    the Stipulation entered into by the
    J.
    R.
    Short Company and the Environmental Protection Agency pursuant
    to
    PCB
    72—218 was offered in evidence in these hearings as an amend-
    ment to the Agency’s recommendation
    (Exhibit C).
    There will be no
    attempt to resolve PCB 72-218 in this opinion; however,
    a brief de-
    scription of the events
    is mandatory in an understanding of this
    action.
    BACKGROUND ON PCB 72-218
    1.
    The J.
    R.
    Short
    Co. was cited on December 15,
    1971,
    and
    on January 10, 1972, by the Environmental Protection Agency
    for violations of rules 3—3.122 and 2—2.53, and Section
    9
    (A)
    of the Act.
    At
    this
    time
    3.
    R. Short was burning
    Illinois coal in an old steam generating boiler.
    2.
    A stipulation was entered into by the Short Company and
    the Environmental Protection Agency.
    Among other points
    the J.
    R.
    Short Company agreed to purchase, install, and
    operate an oil/gas fired boiler and retire the old coal-
    fired boilers.
    3.
    The above-mentioned condition was met, with the new boil-
    er becoming operational on or about June 1,
    1973.
    With these facts in the opinion, we can proceed with the variance
    plea.
    The Petitioner requests variance because he claims
    it
    is al-
    most impossible to obtain gas or oil to operate its new boiler.
    Petitioner further claims that he would much rather burn fuel oil
    than coal:
    (R 121)
    “We ultimately want to settle down on fuel oil
    or gas——It’s a much better operation.
    It’s easier.
    It’s automatic.”
    The question as to petitioner’s attempts to purchase either
    gas or fuel oil
    (#2,4,5, or
    6)
    are heavily documented by both ex-
    hibit and testimony.
    (Pet.
    ex.
    #5,6)
    (R. 61-67,
    R.
    71—73)
    Petitioner has also shown
    (Pet.
    ex.
    #7)
    (R. 76-81)
    that all
    attempts to work through the Federal Office of Oil and Gas to obtain
    oil or gas under the voluntary allocation system have yielded no suc-
    cess.
    J.
    R.
    Short has since the inception of its operations
    at Kanka-
    kee u~edan existing oil-fired drier,
    so that it did have a history
    of oil purchases during the latter part of 1972.
    This period could
    then be used as a basis
    for an allocation program.
    However, the
    crop dried in 1972 was a dry one initially,
    and therefore
    J.
    R. Short
    Company purchased only about 40,000 gallons of oil.
    It is projected,
    and unrebutted, that the crop now in the field will require substant-
    ially more oil to
    dry
    (R.
    117), up to 100,000 gallons.
    J.
    R. Short
    Company is therefore maintaining ,that a minimum inventory of 90,000
    gallons should be kept on handin anticipation of oil usage for the
    upcoming drying season.
    9
    454

    —3—
    J.
    R. Short Company has also entered into evidence
    (R.
    4)
    that it would be willing to burn low—sulphur Kentucky coal before
    resorting to Illinois coal.
    Petitioner has entered into evidence
    (Pet.
    ex.
    8)
    a report by Albert
    F. Duzy of Paul Weir Co.,
    Inc., min-
    ing engineers and geologists, stating that low—sulphur Kentucky coal
    will meet present sulphur, opacity, and particulate regulations. The
    Agency disputes
    (R.
    86)
    that the reference to particulate matter
    is
    correct.
    In summary, the Petitioner proposes to burn fuels in the fol-
    lowing order to supply process steam,
    as supplies become available:
    1.
    Natural gas
    2.
    #2
    fuel oil
    3.
    Low-sulphur Kentucky coal
    4.
    Illinois coal
    We now turn to an investigation
    as to whether J.
    R. Short Co.
    Inc. has met the conditions under which
    a variance is to
    be. granted.
    I.
    Unreasonable hardship
    It is the opinion of the Board that the Petitioner
    has
    shown
    that
    denial
    of
    said
    Petition
    would
    consti-
    tute
    an
    unreasonable
    and
    arbitrary
    hardship
    for
    the
    following
    reasons:
    a)
    Petitioner has shown good faith by install-
    ing a $125,000 gas/oil fired boiler.
    It is
    clearly evident that Petitioner has acted in
    good
    faith
    by
    trying
    to
    obtain
    gas
    or
    oil
    to
    run
    its boiler.
    b)
    J.
    R.
    Short Co.
    cannot operate without steam
    (R.
    50).
    c)
    J.
    R.
    Short
    Co.,
    its
    customers,
    and
    its
    employ-
    ees would be seriously affected by a forced
    shutdown
    (R.
    96-102).
    II. Environmental impact
    Very
    little
    evidence
    was
    presented
    as
    to
    environment-
    al
    impact.
    Testimony
    mainly
    centered
    around
    wind
    dir-
    ection in relationship to population centers.
    Testi-
    mony
    (unrebutted)
    (R.
    104-107)
    shows that the location
    of the plant and the prevai1ing-~inds (west and southwest)
    would cause minimal particulate fallout on residential
    areas.
    The bulk of the residential areas
    are to the
    south of the plant.
    It is unfortunate that no environ-
    mental data are available.
    Agency calculations show
    a-projected 2.22 pounds per million BTU particulate
    emission rate.
    Because of the sparsity of information
    and the feeling that J.
    ~.
    Short will do everything it
    can to minimize usage of Illi.nois coal,
    the Board feels
    that this condition has been met.
    9—
    455

    —4—
    The Agency has recommended
    a conditional variance upon find-
    ings of
    a hearing.
    All of the findings have been discussed above.
    The Agency requests a six-months variance.
    The Board feels that
    any variance granted should allow Petitioner to function normally
    throughout the upcoming grain drying season.
    The order ~iaswritten
    as
    a ten-month variance to allow
    J.
    R. Short to complete its grain
    drying period without interruption.
    The main reason for this
    is
    that we can be relatively confident that Petitioner would much
    rather use gas or oil than it would coal.
    The order does contain
    conditions which would require Petitioner to report to the Agency
    and to insure that Petitioner uses all available #2
    fuel oil.
    The Agency further requests a compliance plan for bringin
    the
    coal-fired boiler into compliance,
    At this point this would
    grossly unfair,
    Petitioner
    on the basis of sound engineering judg-
    ment
    has
    chosen,
    and
    in
    good
    faith
    installed,
    at
    the
    expense
    of
    $125,000,
    a
    brand
    new
    gas/oil
    fired
    boIler.
    Furthermore,
    testimorq
    (R.
    95)
    shows
    that
    an additional expenditure of $45,000 would be
    required to
    bring its existing coal-fired boiler into compliance.
    This would be spent in the face of a possible breakthrough of the
    gas/oil
    shortage,
    and
    said
    expenditure
    would
    be
    non-recoverable.
    The
    other
    side
    of
    the
    coin
    must
    be
    considered.
    Although
    the
    Petitioner’s
    problem
    is
    not.
    self-imposed,
    the
    Board
    cannot
    and
    will
    not
    allow
    an
    emission
    source
    to
    continue
    polluting
    forever,
    no
    mat-
    ter
    how
    severe the hardship.
    If
    at.
    the
    end
    of
    the
    10-month
    variance,
    Petitioner
    finds
    an
    extension
    necessary,
    the
    Board
    will
    very
    ser-
    iously
    consider
    the
    potential
    of
    environmental
    impact,
    and
    the
    pos-
    sibility
    of
    imposing
    control
    systems
    at
    that
    time
    are
    very
    high
    This
    Opinion
    constitutes
    the
    findings
    of
    fact
    and
    the
    conclus-
    ions
    of
    law
    of
    the
    Board.
    ORDER
    IT
    IS
    THE
    ORDER
    of
    the
    Pollution
    Control
    Board
    that
    the
    3,
    R.
    Short
    Milling
    Company
    hereby
    be
    granted
    a
    variance
    from
    rules
    3-
    3.122
    and
    2—2.53
    until
    April
    30,
    1974,
    subject
    ~
    the
    following
    conditions.
    1..
    Petitioner
    shall
    continue
    to
    diligently
    pursue
    a
    supply
    of:
    a)
    Natural
    gas
    b)
    #2
    fuel
    oil
    2.
    Within
    thirty
    (30)
    days
    of
    the
    date
    of
    this
    order,
    Petitioner
    shall
    submit
    a
    report
    to
    the:
    Environmental
    Protection
    Agency
    Division
    of
    Air
    Pollution
    Control
    Variance
    Section
    9
    -
    456

    —5—
    2200
    Churchill
    Road
    Springfield,
    Illinois
    62706
    Said
    report
    shall
    contain,
    as
    a
    minimum:
    a)
    Results
    of
    efforts
    in
    regards
    to
    Condition
    #1.
    b)
    The supply of #2 oil presently stored in its
    oil storage tanks.
    c)
    The percent of its 1973 crop grain drying op-
    erations that it has accomplished, and its pro-
    jected
    oil
    requirements
    for
    said
    operation.
    3.
    Petitioner
    will
    burn
    fuels
    when
    available
    in
    the
    follow-
    ing
    order:
    a)
    Natural
    gas
    or:
    b)
    #2
    fuel oil
    C)
    Eastern
    Kentucky low sulphur coal
    d)
    Illinois ‘coal
    4.
    When,
    according
    to
    Condition
    2
    (c),
    3.
    R. Short Milling
    Company
    has
    enough
    reserve
    of
    #2
    fuel
    oil
    to
    complete
    its drying requirements, and in addition a twelve
    (12)
    day supply of oil
    (no less than 18,000 gal.)
    over grain
    drying
    requirements, the Agency may at its discretion
    order
    J.
    R.
    Short to start up its gas/oil boiler until
    such time as its excess
    reserve
    of
    oil
    is
    depleted.
    IT IS SO
    ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Con-
    tx,ol
    Board,
    certify
    that
    the
    above
    Opinion
    and
    Order
    was
    adopted
    by
    the
    Board on the
    f/’~”
    day of
    ~
    ,
    1973,
    byavoteof
    ‘I
    to
    ~
    ~
    9
    —457

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