ILLINOIS POLLUTION CONTROL BOARD
    April
    17, 1973
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    vs.
    )
    POD 72—319
    PEERLESS ENAMEL PRODUCTS COMPANY,
    )
    Respondent.
    Thomas A.
    Cengel, Assistant Attorney Genera? for the EPA
    William D.
    Stiehi, Attorney for Peerless Enamel Products Company
    OPINION AND ORDER OF THE BOARD
    (by Mr. Henss)
    Peerless Enamel Products Company fabricates gas ranges at
    a Belleville,Illinois
    plant it has operated since 1928.
    The
    plant is adjoined on three sides by residential dwellings and on
    one side by other industrial plants.
    The closest residence is
    30 feet from the plant.
    In its manufacturing process Respondent
    cleans steel parts in
    a series of chemical baths, sprays them
    with frit
    (ground glass) enamel or dips the parts in
    a vat of
    enamel and finally bakes them in ovens.
    On July 31, 1972 the Environmental Protection Agency filed
    a Complaint alleging that the Company had allowed the discharge
    of particulate matter so as to cause or tend to cause air pollution
    in violation of Section 9(a)
    of the Environmental Protection Act.
    Respondent filed an Answer admitting that it operated the plant
    but denying the alleged air pollution.
    The EPA did not allege that Peerless had viOlated any
    specific emission standard.
    Respondent’s enamel spraying and dipping operation consists
    of three production lines.
    The lines are equipped with manual
    spray booths, automatic spray booths and dip coating vats.
    Each
    paint line
    is also equipped with water wash units for control of
    particulates.
    These were installed in 1941,
    1947,
    1948 and 1950.
    Air from the paint areas,
    after being drawn through
    a baffled
    water wash,
    is ultimately exhausted through four separate stacks
    located on the roof of the plant.
    7
    589

    —2—
    The oldest control equipment on the premises is a baghouse
    which was installed in 1930 on Line No.
    1.
    Evidence introduced
    at the public hearing indicated that
    Respondent’s neighbors had no complaints prior to the Summer of
    1971.
    The control equipment was apparently adequate for plant
    operations for many years.
    People living near
    the plant started to complain of emissions
    in the Summer of 1971.
    One witness testified that she had
    observed a fine haze or mist of varying concentration which settled
    on her property as
    a white powder
    CR.
    62) and she pointed out two
    separate stacks on the plant as the source of the emissions
    CR. ?4).
    One of these sources was the discharge stack from the baghouse.
    The witness claimed that the gray white substance settled on her
    storm doors, window sills, porches, screens and walks.
    She said
    the emissions at the time of the hearing had decreased significantly
    from the heavy concentration observed during the Summer of 1971
    but were continuing.
    Corroberating testimony from other witnesses establish that
    this substance had been deposited on playpens,
    swings,
    slides,
    front porches,
    automobiles and inside some of the residences.
    Three persons observed a gold colored substance which had been
    deposited on the exterior of their homes in October or November
    1972.
    Another witness stated that she had observed the white
    misty emissions from two separate stacks at the plant just two
    weeks prior to the hearing
    (R.
    90).
    However, we do not in this
    Opinion consider any alleged violations occurring after the
    July 31, 1972 filing of the Complaint.
    An Agency investigator visited the plant on September
    7, 1971
    and was told by the President of Peerless Enamel Products Company
    that the water supply to the water wash control system had been
    turned off for four months
    CR.
    42).
    This was done because baffles
    in the water wash booths had deteriorated.
    The Company President later denied making this statement and
    asserted at the public hearing that the uncontrolled period was
    short——”possibly days”
    CR.
    129).
    Following the EPA visit Respondent’s employees determined that
    the baghouse was not working well.
    The bags had not been replaced
    for several years and some of the bags had tears and holes in them
    (R.
    26,
    27).
    The maintenance foreman testified that the September
    1971 insepction revealed several bags with holes that had not been
    observed during any of the other semi-annual inspections
    CR. 178,
    190).
    The inspection also revealed that baffles in the control
    equipment were in need of repair and some were found to have been
    improperly installed.
    The Company had failed to keep records which
    adequately described the inspection or maintenance of control
    7
    590

    —3—
    equipment and the testimony regarding the Company m~aintenance
    procedures leaves something to be desired.
    In spite of the difficulties with the baghouse equipment
    it was operated until April
    5,
    1972
    (R.
    24)
    after which time
    the processed air was rerouted through an existing water wash
    system on Line
    1.
    This action was taken after Respondent had
    engaged the services of an engineering firm to check the bag—
    house equipment and submit recommendations.
    Peerless shut
    the old baghouse down without replacement because it did not
    think a new baghou~would be as efficient
    CR.
    30) and the
    “baghouse wasn’t used more than six hours
    a day”
    (R.
    31).
    It
    also appears that installation of
    a new baghouse would cost
    more money.
    For defense Peerless introduced evidence that it was not
    in violation of emission standards.
    (No such violation was charged).
    A stack test conducted October
    16,
    1972 proved that Peerless
    eit~.issions on that date were well within the Standards established
    by our Rule 203(b).
    We accept this as evidence that normal
    operations
    of the plant do not cause emissions
    in violation of
    our Standards.
    While pertinent to the case,
    these calculations
    do not constitute
    a total defense to the charge that Respondent’s
    emissions were a nuisance in the community from the Summer of
    1971 to July 31,
    1972.
    It
    is significant that complaints occurred
    during the time the baghouse was operating poorly and the water
    wash units were inoperative.
    We find that Respondent. did violate Section
    9 (a)
    of the
    Environmental Protection Act during that period of time and that
    the violations were the result of inadequate maintenance of
    control equipment or failure to replace outmoded control equip-
    ment.
    Peerless has been keeping proper maintenance and inspection
    reports recently.
    We hope that the improvement of the Company
    record keeping system will also result in control of nuisance
    type emissions in the future.
    The evidence proves that for a period of approximately one
    year prior to the filing of the Complaint Peerless did release
    particulate matter in sufficient quantities and of such character-
    istics and duration as to unreasonably interfere with the enjoyment
    of life or property.
    We will order that the Company cease and
    desist from causing
    a nuisance with its particulate emissions.
    The
    testimony also has shown, however,
    that Peerless attempted to
    control
    its emissions long before the Statute or Regulations made
    it mandatory for companies to take such action.
    The violation in
    this case appears to be the result of inadequate maintenance taken
    by
    the Company.
    Those maintenance procedures are being improved.
    Under all of the circumstances we think a monetary penalty in the
    amount of $1,000
    is appropriate.
    7
    591

    —4—
    It is ordered that:
    1.
    Peerless Enamel Products Company shall cease and
    desist from its violation of EPA Section 9(a) by
    taking those maintenance procedures or other
    steps necessary to prevent its emissions from
    causing a nuisance in the community.
    2.
    Respondent shall pay to the State of Illinois by
    May 17, 1973 the sum of $1,000 as a penalty for
    the violations found in this proceeding.
    Penalty
    payment by certified check or money order payable
    to the State of~I11inoisshall be made to:
    Fiscal
    Services Division, Illinois EPA,
    2200 Churchill
    Road,
    Springfield, Illinois 62706.
    I, Christan L. Noffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Order was adopted
    this
    (T4”
    day of April
    1973 by a vote of
    ~
    to ~
    7
    592

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