ILLINOIS POLLUTION CONTROL BOARD
July 19, 1973
OWENS-ILLINOIS,
INC.
#73-263
v.
ENVIRONMENTAL PROTECTION AGENCY
OPINION
AND
ORDER OF
THE
BOARD
(BY SAMUEL
T.
LAWTON,
JR.):
The above—captioned action is
an appeal from
a permit denial
pursuant to which petitioner had originally filed an emergency
motion seeking permission
to make connections between its
“D”
furnace and its
“B” furnace precipitator and the right to operate
said furnaces at their normal capacity.
We constru~theemergency motion
as
a variance cetition, gave
petitioner leave to amend and directed that the Agency recommenda-
tion with respect thereto be filed by July
19,
1973.
Petitioner
filed
a petition for interim variance reiterating its request to
connect the
“D’s furnace to the
“B”
furnace precipitator pending
resolution of the basic permit appeal proceeding.
Petitioner
states that the present variance request
is sought to enable oeti-~-
tioner’s
to test emissions
from its furnace prior to hearing and
decision on the permit appeal for the following reasons:
1.
The use of electrostatic precipitator
on glass
furnaces
is
a novel, technological breakthrough;
in fact,
the
Chicago Heights precipitator
is the only one of its kind
in operation in the United States; and
2.
The efficiency of
the
precipitator with higher volumes
of air can be calculated, but actual emission testing
would
provide
the
best
basis
for
determining
the
actual
emission
rates.
The
interim
tie-in
program
proposed
by
petitioner
would
increase
process
~
qht
rate
en
i:he
“D~ furnace
a~~d
change
the
method
of
operation
of
the
‘B”
furnace
and
increase
the
emission
of
air
contaminants
in
the
“B”
furnace.
These
changes
would,
in
turn,
characterize
the
“I)”
and
“B”
furnaces
as
“new
emission
sources”
requiring
compliance
with
Rule
203(a).
Petitioner
estimates
that
its combined emissions from
“B~
and
“D” furnaces would be
5.7 pounds
per hour and states
that even
if
Rule 203 applied to the “B”
furnace
8—561
which petitioner is contesting in its permit appeal, the combined
emissions from “B” and “D” furnaces would be
able to meet Rule
203(a)
.
It seeks to make the necessary tie-ins and conduct the
necessary tests to determine what the actual emissions are.
Petitioner further alleges that denial of the present variance
to connect the “B” and”D”
furnaces, will unduly suspend the tie—
in between the two furnaces,preventing petitioner from taking advan-
tage of the increased process weight rate of the
“D”
furnace,
and prevent taking advantage of the schedul~downtime on both
furnaces.
The present variance request
is solely for the purpose of tie
in of
the
“D” furnace to the “B” furnace precipitator and to conduct
tests to determine actual emissions.
The Agency recommends
that the variance be granted, subject
to the conditions as
follows:
1.
That the variance be specifically limited to the tie-
in of “B” furnace to
“D” furnace electrostatic precipi-
tator and the subsequent emission test;
2.
That
the
stack tests
shall be performed in accordance
with ASME Power Test Code 27-1957 as revised,
on the
electrostatic precipitator on the two furnaces after
modification by an approved independent testing service,
after five days notice to the Agency and the submission
of the results to the Agency as soon
as available.
We grant the variance as requested,
subject to the conditions
specified in the Agency recommendation.
This opinion constitutes the findings of fact and conclusions
of law of the Board.
IT IS THE ORDER of
the
Pollution Control Board:
1.
That petitioner, Owens-Illinois,
Inc.
is granted
a variance
from the provisions of Rule 203(a) of the Pollution Control.
Board Regulations,
Chapter
2, Part II for the purpose
of connecting its
“C”
furnace to its
“B” furnace precipi-
tator at its Chicago Heights plant and to operate~both
furnaces at normal capacity, subject to the following
terms and conditions:
(a)
This variance is specifically limited to the tie-
in of
“C” furnace to
“B” furnace’s electrostatic
precipitator and the subsequent emission test;
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8—562
(b)
Petitioner shall perform a stack test in
accordance with
ASME
Power Test Code 27-1957
as
revised,
on the electrostatic precipitator on “B”
and “D” furnaces after the proposed modification
by an approved independent testing service.
Peti-
tioner shall give five
(5)
days notice to the
Variance Section, Division of Air Pollution Control,
Environmental Protection Agency,
2200 Churchill Road,
Springfield,
Illinois 62706, prior to the test and
allow Agency observation if desired.
Petitioner shall
submit the complete results of the test to the Agency
as soon as they
are
available.
I, Christan Moffett, Clerk of the Pollution Control Board, certify
that the above Opinion and Order was adopted on the i1~day of
July,
1973, by a vote of
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to
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8
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563