ILLINOIS POLLUTION CONTROL BOARD
    February
    14,
    1973
    ENVIRONMENTAL PROTECTION AGENCY
    #72-53
    v.
    HARCO ALUMINUM,
    INC.,
    a corporation
    MELVIN
    RIEFF, ASSISTANT
    ATTORNEY GENERAL,
    ON BEHALF OF ENVIRONMENTAL
    PROTECTION
    AGENCY
    NORMAN
    HANFLING
    ON
    BEHALF
    OF
    HARCO
    ALUMINUM,
    INC.,
    a
    corporation
    OPINION
    AND
    ORDER OF THE BOARD
    (BY
    SAMUEL
    T.
    LAWTON,
    JR.):
    Complaint was
    filed
    against
    Harco
    Aluminum,
    Inc.,
    an
    aluminum
    alloy smelting and reclamation operation located in Chicago,
    alleging
    that
    Respondent
    s
    emissions
    from
    its four reverberatory
    furnaces
    and
    a
    sweating
    furnace
    emitted
    particulates
    in
    violation of Rule 2—2.11
    arid
    3-3.111
    of
    the
    Rules
    and
    Regulations
    Governing
    the
    Control
    of
    Air
    Pollution
    and
    Section
    9(a)
    of
    the
    Environmental
    Protection
    Act.
    The
    entry
    of
    a
    ~
    ~
    md
    desist order and penalties
    in the maximum
    statutory
    amount
    are
    sought.
    Respondent
    filed
    an
    answer
    denying
    the
    violations
    as
    alleged.
    Hearing
    was
    held
    on
    September
    26,
    1972,
    at
    which
    time
    various
    stipula-
    tions were entered
    into with respect
    to documents and other matters.
    Agreement was
    arrived at by which deposition
    of certain expert wit-
    nesses
    would
    be
    taken
    independent
    of
    the
    hearing,
    but
    the
    depositions
    would
    be
    incorporated in the record.
    It was further provided that a
    stack test of Respondent’s
    facility would be taken, the results of
    which would be submitted to the Board for consideration.
    Respondent
    would have the right
    to make its own stack test and submit the results
    to
    the
    Board.
    Respondent would also have the right to comment on the
    stack tests made by the Agency.
    The hearing officer directed that
    Respondent be given until November 28,
    1972 to file its response.
    The results
    of the stack tests are
    in evidence,
    Analysis of
    the stack tests indicated that Respondent presently
    is
    in compliance
    with
    Rule 3-3.111.
    The average particulate emissions based on the
    results of the two tests are 5.9 pounds per hour, well within the
    allowable emissions of 8.5 pounds per hour as provided by Rule appli-
    cable to conditions under which the tests were made.
    While the two
    tests differed significantly in results
    (3.29pounds per hour and 7.28
    pounds per hour),
    the testing procedures and calculations
    do not
    appear to contain error arid even the highest emission rate is still
    well within the maximum permissible emission rate under the Rules.
    7
    69

    We must conclude,
    therefore,
    that since the results were obtained
    with a metallic filter system installed in November of 1971, compliance
    has been effected subsequent to that time.
    We must likewise conclude
    that
    prior
    to
    November,
    1971,
    Respondent
    was
    not
    in
    compliance.
    Respondent’s operation consists of melting down scrap aluminum
    to produce various metallurgical products.
    The source of pollution
    is presumably from the impurities
    in the scrap.
    An abatement program
    was filed in 1968 in response to letters from the City of Chicago re-
    sulting in an afterburner being installed in November of 1969 which
    operated only sporadically until November of 1971
    (R,
    27), because
    it was improperly sized and caused smoke pollution within the plant
    itself (Lipski deposition).
    During the years 1969 through 1971,
    effluent control systems were considered
    (Harco Exs.
    B,
    C, D and
    F)
    but were rejected either because of excessive cost,
    the creation of other
    pollutional problems or the absence of necessary fuel.
    In January,
    1971,
    Harco
    proposed
    to
    the
    City
    of
    Chicago
    that
    it
    install
    a
    pollution abatement system consisting of
    a dry filter, a wet filter,
    and an electrostatic precipitator in series.
    At the present time,
    the system consists
    of only the dry filter and an exhaust fan which
    has been in use since November,
    1971.
    Four reverberatory furnaces
    and the single sweat furnace have their exhausts manifolded into the
    filter system.
    According
    to the filter specifications
    (Complainant’s Ex.
    1),
    under conditions maintained at Harco,
    70
    collection of particulates
    should occur.
    Harco’s own expert estimates a 50
    collection effi-
    ciency
    (Deposition 47).
    Thus,
    prior
    to the installation of the
    filter in November,
    1971,
    the particulate emissions were at least
    double, which would indicate particulate emissions ranging between
    10 and 12 pounds per hour as opposed to an allowable limit of 8.5
    pounds per hour during the period when the afterburner was not
    operating,which was approximately one-half of the time.
    Agency calculations were submitted based on standard emission
    factors which we have previously held to be a valid method for
    computing emissions.
    See Environmental Protection Agency v. Lindgren
    Foundry Company, #70-1
    (September 25,
    l970,)l PCB 11.
    Even though
    the plant is presently in compliance, Respondent is planning to take
    further steps to improve its control equipment.
    Since 1968,
    Harco has been purchasing clean scrap at premium
    prices in order to reduce emissions.
    The added cost of the high grade
    scrap has exceeded the cost of plant emission control equipment.
    It
    is
    to Respondent’s advantage to improve the filter precipitator system
    as planned in order to use the scrap and still remain in compliance.
    —2—
    —70

    The totality of
    the record in this case suggests nothing upon
    which a penalty could be based.
    There is no evidence as to the
    effect of
    the Respondent’s emissions on the contiguous property nor
    any history of complaints
    filed by neighbors.
    While the undisputed fact
    with respect to violation would normally call for the imposition of
    a penalty, we believe that the particular
    facts of the present case
    and the good faith demonstrated by Respondent serve as extenuating
    circumstances and justify an exception in this proceeding.
    It appears
    that Respondent has been making a conscientious effort to abate its
    pollutional discharges
    since 1968 and has been in compliance since
    November
    of
    1971.
    The imposition of
    a penalty does not appear
    warranted and none will be assessed.
    However,
    in order to assure the
    continued compliance with the relevant regulations, we will enter
    a cease and desist order as
    is customary in proceedings of this sort,
    This opinion constitutes the findings of fact and conclusions of
    law of the Board.
    IT IS THE ORDER of the Pollution Control Board that Respondent,
    Harco Aluminum,
    Inc.,
    a corporation,
    cease and desist violation of
    the Rules and Regulations Governing the Control of Air Pollution and
    the Environmental Protection Act.
    I, Christan Moffett, Clerk of the Illinois Pollution Control Board,
    certify that the above Opinion and Order was adopted on the
    ________
    day of February,
    1973, by a vote of
    3
    to
    ~
    QL~J~.
    —3—
    7—71

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