ILLINOIS POLLUTION CONTROL BOARD
    January 16,
    1973
    ENVIRONMENTAL PROTECTION AGENCY
    )
    #72—219
    V.
    CITY OF MASCOUTAH
    )
    THOMAS CENGEL, ASSISTANT ATTORNEY GENERAL,
    ON BEHALF
    OF
    THE
    ENVIRONMENTAL
    PROTECTION AGENCY
    WILLIAM
    R.
    POSTON,
    ON BEHALF OF RESPONDENT
    OPINION
    AND
    ORDER OF THE BOARD
    (BY SAMUEL
    T.
    LAWTON,
    JR.):
    Complaint was filed by the Environmental Protection Agency
    against the City of Mascoutah alleging that on or before July
    1,
    1970, continuing
    through the close of the record in this proceeding,
    the City operated the coal—fired boilers of its municipal power plant
    so as to cause,
    threaten or allow the emission of particulate matter
    and other contaminants
    into the atmosphere,
    so as
    to cause air pollu-
    tion,
    in violation of Section 9(a)
    of the Environmental Protection Act
    and Rule 3-3.112 of the Rules and Regulations Governing the Control
    of
    Air
    Pollution
    (Air
    Rules).
    The complaint also alleges that the
    Respondent city failed
    to file
    a Letter of Intent and Acerp
    in violation of Rules 2-2.112 and 2—2.41 of the Air Rules
    and that
    the City installed a Diesel unit and Tu Buell multiclone collector
    on its No.
    2 boiler, without securing permits in violation of Rule
    3—2.110 of the Air Rules.
    A cease and desist order and such further
    orders as the Board deems necessary are sought.
    A perfunctory hearing was held on December
    4,
    1972,
    at which time
    a stipulation between the parties and a proposed order were submitted
    with the view of disposing
    of the proceeding.
    The stipulation recites
    that the power plant has been owned and operated by the City since
    the early 1900’s and constitutes
    the sole source of electricity within
    the City and serves a small unincorporated area adjacent to the City,
    serving a population of approximately 5,000 persons as well as five
    schools and eight local industries.
    The plant is capable of generating
    9802 KW while its safe sustained generating capacity is 7732 KW.
    The
    plant consists
    of two coal—fired boilers, three turbine generators
    and five Diesel units, of which the No.
    4 Diesel unit was installed
    in 1968 without an installation permit from the Air Pollution Control
    Board.
    The primary sources of electrical generation are the five
    6—515

    Diesel
    units
    with
    a
    combined
    capacity
    of
    5,304
    KW.
    The
    No.
    1
    coal-fired boiler is used only during the months of
    December,
    January and February for purposes of heating the power plant and
    meeting power demands exceeding the 5,304 KW capacity of the Diesel
    units.
    The
    No.
    2
    coal-fired
    boiler
    is
    used
    only
    during
    the
    peak
    loading
    months
    of
    July,
    August
    and
    September
    to
    meet
    electrical
    demands
    exceeding
    the
    5,304
    KW
    capacity
    of
    the
    Diesel
    units.
    The
    peak
    loads
    of
    the
    power
    plant
    for
    the
    past
    six
    years
    has
    been
    as
    follows:
    1967
    4,800
    KW
    1968
    5,340
    KW
    1969
    5,650
    KW
    1970
    6,250
    KW
    1971
    6,500
    KW
    1972
    6,900
    KW
    The
    No.
    1
    coal-fired
    boiler
    is
    a
    chain
    grate
    stoker
    having
    a
    rated
    heat
    input
    of
    approximately
    19.4
    x
    10b
    BTU/hr.
    and
    does
    not
    employ
    any
    particulate
    control
    equipment
    other
    than
    a
    baffled
    settling
    chamber.
    The
    No.
    2
    coal-fired
    boiler
    is
    a
    spreader
    stoker
    with
    100
    reinjection,
    having
    a
    rated
    heat
    input
    of
    approximately
    40.9
    x
    106
    BTU/hr
    and
    is
    controlled
    by
    the
    Tu
    Buell
    multiclone
    collector,
    which
    was installed in
    1968
    without
    an
    installation permit from the
    Air
    Pollution Control Board.
    The
    Stipulation
    further
    recites
    that
    if
    Otis
    H.
    Banes
    would
    testify,
    he
    would
    testify
    that
    he
    is
    an
    Environmental
    Protection
    Agency engineer,
    that he had calculated emission rates
    for Boilers
    Nos.
    1
    and
    2
    by
    use
    of the.equation and emission factors,
    as follows:
    Boiler
    No.
    1
    =
    1.74
    lb/b6
    BTU
    Boiler
    No.
    2
    =
    5.61
    lb/b6
    BTU
    pursuant
    to
    calculations
    attached
    to
    the
    stipulation
    as
    Exhibit
    3.
    In
    arriving
    at
    the
    calculated
    emission
    rates,
    a
    collection
    efficiency
    of
    20
    for
    the baffled settling chamber
    in
    Boiler
    No.
    1
    was
    assumed
    and
    a collection efficiency of
    70
    for
    the
    multiclone
    used
    in
    Boiler
    No.
    2
    was
    assumed.
    In
    arriving
    at
    the
    foregoing
    calculations,
    the
    9.9ash
    content
    and
    an
    11,380
    BTtJ/lb
    heat
    content
    of
    the
    coal
    were
    assumed.
    Stack
    tests
    conducted on Boiler No.
    2
    on
    August
    29,
    1972 showed emission rates of
    .1597
    lb/b6
    BTU
    and
    .2974
    lb/la6
    BTU
    per emission tests
    set forth in Exhibit
    4.
    The
    Stipulation
    further
    provides
    that
    if
    Fred
    Smith,
    a
    Source
    Emission Specialist, employed by the Agency, were called upon to
    testify,
    he
    would
    state
    that
    the
    foregoing
    test
    does
    not
    adequately
    reflect
    the
    actual
    emission from the stack pursuant to his
    calcula-
    tions contained in Exhibit
    5 attached to the Stipulation.
    The stipulation further provides that if Bruce F. Barnes of
    the
    firm
    of Barnes,
    Henry,
    Meisenheimer
    and
    Gende,
    Consulting
    Engi-
    6—516

    neers,
    were
    to
    testify,
    he would state that Boiler No. 1 has not
    been tested since the
    filing
    of
    the
    complaint because it was not
    in
    operation
    until
    November
    1,
    1972
    and
    that
    efforts
    to coordinate
    testing
    subseguent
    thereto,
    were
    unsuccessful.
    Stipulation further provides that the City Council of Mascoutah,
    DO
    October
    25,
    1972, authorized the preparation of bid specifications
    ~or an additional dual
    fuel diesel unit of not less than
    2,000
    KW
    Dapacity
    and
    fuel
    oil burners for Boilers No.
    1 and No.
    2,
    and sub-
    sequently,
    resolved
    that
    fuel oil burners installed in Boiler No.
    2
    ~e in place before July
    1,
    1973 at
    a cost of approximately $40,000.
    The Stipulation further recites that
    the
    City of Mascoutah has joined
    with eleven other
    Illinois municipalities in a complaint before the
    Federal Power Commission to seek interconnection with the Illinois
    Power Company.
    Under
    the proposed interconnect contract,
    the City
    would maintain 20
    generated capacity above its peak load.
    If an
    interconnect is ordered between the City and Illinois Power Company,
    the
    City would interconnect to a 138 KV line located approximately
    one mile south
    of
    the City’s power plant.
    The interconnection would
    be beneficial
    to the City in enabling use of a larger amount of its
    total capacity.
    Alternatives as
    to the future use of the No.
    1 boiler
    are considered dependent on the result of the FPC case, which alterna-
    tives include retirement of the unit, replacement by a diesel unit or
    conversion
    to fuel oil burnincj.
    Lastly,
    the Stipulation rocites
    that no Letter of Intent or
    Acerp from the City of Mascoutah appear in the records
    of the Agency.
    Rule 3-3.112 limits emissions from each boiler
    to 0.6 lb/iD BTU.
    The
    Agency computation using standard calculation procedures and esti-
    mates of coal characteristics and efficiencies of gas cleaning devices
    above noted estimated the emissions,
    as follows:
    Boiler No.
    1 estimated emission
    =
    1.74 lb/l0~BTU
    Boiler No.s2 estimated emission
    =
    5.61 lb/lU
    I3TU
    As stated above, the Boiler No.
    1 baffled settling ~hamber was consi-
    dered
    to have a
    20
    removal efficiency and Boiler No.
    2 to have a
    70
    removal efficiency.
    The Board’s independent review of the liter-
    ature indicates
    a higher removal efficiency than that assumed by the
    Agency.
    Assuming a
    50
    efficiency for the baffled settling chamber
    on Boiler No.
    1 and a 94
    efficiency for the multiclone on Boiler
    6
    No.
    2,
    emissions fo~Boiler No.
    1 would be at a rate of
    .091 ib/lO
    ETU and for Boiler No.
    2,
    1.1 lb/b6
    BTU,
    indicating violations of
    Rule 3-3.112,
    even using the higher estimates of collection efficiency.
    Analysis of the stack tests performed on Boiler No.
    2 indicate that whii
    there may be some room for error based upon incorrect performance
    of the Orsat analysis, absence of mention of sampling port locations and
    the failure of the sampling velocity to be isokinetic, the conclusion
    —3—
    8
    517

    must
    be
    reached
    that
    the
    stack
    tests
    results
    are
    not
    so
    erroneous
    as
    to
    signify
    measurements
    that
    would
    exceed
    the
    0.6
    lb/lU6
    BTU
    as
    ~rovided
    in
    the
    Regulation.
    Accordingly,
    irrespective
    of
    either
    the
    Agency’s ori9inal estimate of 5.6 lb/iD0 BTU or the revised figures
    o~ 1.1
    lb/b0~
    BTU
    based
    on
    increased
    collection
    efficiency,
    it
    would
    a~pear that
    Respondent
    had
    successfully
    rebutted
    the
    Agency’s
    case
    with
    res~ect
    to
    Boiler
    No.
    2
    and
    we
    find
    no
    violation
    with
    respect
    to
    this facility.
    Emissions from Boiler No.
    1 by either the Agency’s
    estimate or the modified estimate
    based
    on
    higher
    collection
    efficiency,
    would
    indicate
    a
    violation
    of
    the
    0.6
    lb/lU6
    BTU
    standard.
    The suggested order proposed by the parties would provide as
    follows:
    “1~
    The
    City
    of
    Mascoutah
    shall
    have
    installed
    and
    operational
    fuel oil burners in its No.
    2 boiler capable of complying with all
    applicable rules and regulations before peak loading requires its
    operation
    in
    the summer of 1973, but in no event later than July
    1,
    1973;
    (a)
    Said boiler shall not otherwise be operated unless
    an emergency requires its operation;
    (b)
    Said emergency would exist only if the non-operation
    of Boiler No.
    2 would curtail electrical service
    to
    the people of the City of Mascoutah;
    (c)
    If such emergency should exist, the City of Mascoutah
    must
    notify
    the
    Agency
    within
    twenty-four
    (24)
    hours
    after beginning operation of the extent and nature
    of the emergency and the circumstances of operation.
    2.
    That Boiler No.
    1 shall not be operated after
    this winter until
    the City of Mascoutah can exhibit to the Environmental Protection Agency
    that
    said
    boiler
    complies
    with
    all
    applicable
    rules
    and
    regulations:
    (a)
    Said boiler shall not otherwise be operated unless
    an
    emergency
    requires
    its
    operation;
    (b)
    Said emergency would exist only if the non-operation
    of
    No.
    1
    boiler
    would
    curtail
    electrical
    service
    to
    the people of the City of Mascoutah;
    (c)
    If
    such
    emergency
    should
    exist,
    the
    City
    of
    Mascoutah
    must notify the Agency within twenty-four
    (24) hours
    after beginning operation of the extent and nature of
    the emergency and the circumstances of operation.
    —4—
    6—518

    3.
    If
    so
    ordered
    by
    the Pollution Control Board, the City
    of Mascoutah shall submit
    a performance bond in the amount of
    $40,000 in a form satisfactory to the Agency,
    to guarantee per-
    formance of the preceding orders, within 35 days of the date of the
    Board’s order.
    The parties leave
    to the Board’s discretion, the determination
    of
    the
    amount
    of
    monetary
    penalty,
    if
    any,
    to be assessed in the
    above-captioned matter.”
    While the contemplated program
    to bring the operation into
    compliance
    is somewhat speculative and uncertain, particularly in view
    of the uncertainty of the proposed interconnect order with Illinois
    Power Company, we believe the program represents a reasonable effort
    to achieve compliance and will approve
    it, retaining jurisdiction for
    such other and further orders as might be appropriate.
    We do feel,
    however,
    that
    the
    failure
    of
    the
    City
    to
    file
    a
    Letter
    of
    Intent
    and pursue an Air Contaminant Emission Reduction Program, coupled with
    the proven violations with respect to Boiler No.
    1 call
    for the imposi-
    tion of a penalty which we assess in the amount of $500.
    Were Respon-
    dent other than a municipality, the penalty would be far more severe.
    is because of the failure to comply with the regulations that emissions
    have continued unabated over the years and have frustrated the objec-
    tives
    that the air pollution control legislation was designed to achiev?
    This opinion constitutes the findings of fact and conclusions of
    law of the Board.
    IT IS THE ORDER of the Pollution Control Board:
    1.
    Penalty in the amount of $500
    is assessed against the City
    of Mascoutah for failure
    to file a Letter of Intent and Air
    Contaminant Emission Reduction Program for emissions from
    its Boiler No.
    1 in excess of limitations contained in
    Rule 3-3.112 of the Rules and Regulations Governing the
    Control of Air Pollution and for violation of Rule 3-2.110
    in
    failing
    to
    obtain
    a
    permit
    for
    installation
    of
    its
    Diesel Unit No.
    4 and the Tu Buell collector on Boiler
    No.
    2.
    Penalty payment by certified check or money order
    payable to the State of Illinois shall be made to: Fiscal
    Services Division, Environmental Protection Agency,
    2200
    Churchill Drive, Springfield,
    Illinois 62706k
    by Feb.
    25,
    1973.
    2.
    The City of Mascoutah is directed to pursue the program
    of pollution control set forth in the suggested order con-
    tained in the Stipulation filed herein and specifically,
    shall achieve the following:
    (a)
    Fuel oil burners for the No.
    2 boiler shall be in
    compliance
    with
    all
    relevant regulations by
    July
    1,
    1973
    and shall be used prior to said date only for emergency
    operations when its failure to be in use would curtail
    —5—
    6—519

    electrical services to the City of Mascoutah,
    In the
    event such emergency does
    exist, the City shall notify
    the Agency within 24 hours after operation as to the
    extent and nature of the emergency and the circumstances
    of operation.
    (b)
    Boiler No.
    1 shall be in compliance with all relevant
    regulations by April
    1,
    1973 and shall operate prior to
    said date only when emergency conditions
    exist as set
    forth in sub—paragraph
    (a) above, and subject to the same
    terms and conditions of notification to the Agency.
    (c)
    Performance bond in the amount of $40,000 in form
    satisfactory to the Agency
    to
    guarantee performance of
    the
    foregoing
    provisions
    of
    this
    order
    shall
    be
    filed
    with
    the
    Fiscal Services Division,
    Environmental Protec-
    tion Agency,
    2200 Churchill Drive, Springfield,
    Illinois
    62706.
    Cd)
    The Board retains jurisdiction of
    this
    matter for
    such other and further orders as may be appropriate,
    until July 15,
    1973.
    I, Christan Moffett, Clerk of the Illinois Pollution Control Board,
    certify ~that the above Opinion and Order was adopted onthe
    /~
    day of
    ~
    1973,
    by
    a vote of
    ~
    to
    ~
    —6—
    6
    520

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