ILLINOIS POLLUTION CONTROL BOARD

July 25, 1972

ENVIRONMENTAL PROTECTION AGENCY,

)

)

Complainant,

)

)

v.

)

PCB 72—140

)

CATERPILLAR TRACTOR COMPANY,

)

)

Respondent,

)

Delbert Haschemeyer, Assistant Attorney General for the EPA

Bowen H. Tucker, for Respondent.

OPINION AND ORDER OF

THE

BOARD (by Mr. Henss)

The Environmental Protection Agency filed a complaint against

Caterpillar Tractor Company, alleging that Respondent has permitted

excessive smoke emissions from coal-fired boilers it operates at

its facilities in Decatur, Illinois, It is charged, specifically,

that on December 14, 1970 and September 2, 1971, the boilers emitted

particulate matter, dense smoke and other contaminants tending to

cause air pollution in violation of Section 9a of the Environmental

Protection Act and Rule 3—3.122 of the

Rules and Regulations

Govern-

ing the Control

of

Air Pollution, On July

7,

1972, approximately

three months after the filing of the complaint, the Environmental

Protection Agency and Respondent, Caterpillar Tractor Company, entered

into a settlement agreement and submitted their Stipulation

of

facts

and a proposed

Order,

It appears from the Stipulation that on the

two dates in question

an Agency investigator, Robert L, Hendricks,

a certified smoke reader,

observed and recorded excessive smoke emissions from Respondent!s

boilers.

The smoke density on December 14, 1970

was No. 4 Ringlemann

for 19 consecutive minutes and the density on September 2, 1971

was

at a level of No.

5

Ringlemann (100

opacity) for 16 minutes.

The

smoke emissions were

of

sufficient density and duration to constitute

a

violation of the law.

The Stipulation further states that about 2~months after the

December 14, 1970 violation, Respondent entered into contracts for

the repair and remodeling of the three boilers located at its Decatur

facility. The repair work was completed November 5, 1971. The

violation of September 2, 1971 occurred when, after repairs, one of

the boilers was brought up in a rapid manner to determine its opera-

bility before another boiler cooled to a point which would cause a

lengthy delay in bringing it back on line.

5 —

55

---

—2—

As a part of the renovation, Respondent installed smoke moni-

tors which are now operational.

The settlement proposed by the parties would require that

Respondent cea~and desist emission of dense smoke in violation of

law under normal operating conditions and, to the extent possible,

during abnormal operating conditions; file with the Environmental

Protection Agency written operating procedures acceptable to the

Agency; maintain coal analysis and smoke monitor charts available

for Agency inspections for a period of one year; conduct a feasi-

bility study relating to correlation of smoke monitor readings and

particulate emission rates; pay a penalty of $2,000---$l,000 for each

violation,

The Board finds that the settlement is reasonable and it is

approved.

ORDER

It is hereby ordered:

(1) That Caterpillar Tractor

Company cease and desist the

emission

of dense smoke in violation of all applicable Rules and

Regulations from its coal-fired boilers under normal operating

conditions

in

accordance with written operating procedures accept-

able

to the Agency, to be filed with the Agency within forty-five

(45) days of the entry of the Order in this case,

(2) That Caterpillar Tractor Company

cease

and desist the

emission of dense smoke in violation of all applicable Rules and

Regulations, to the extent possible, during abnormal operating con-

ditions,

malfunctions, start-ups, and shutdowns in accordance with

written operating procedures, mutually agreeable to Caterpillar

Tractor Company and the Agency to be filed with the Agency within

forty-five (45) days of the entry of the Order in this case. This

does not in any way affect Caterpillar Tractor Company’s obligation

to comply with Rule 103 and Rule 105 of Chapter 2 Part I of the

Pollution Control Board Rules and Regulations.

(3) That Caterpillar Tractor Company maintain at its Decatur

facility for inspection by Agency personnel for one year from the

date of the entry of the Order in this case all coal analysis and

monitor charts or records q~~neratedby its smoke monitors, and all

steam charts relative to the boiler at the Decatur facility.

(4) That Caterpillar Tractor Company conduct a feasibility

study to ascertain the possiblity of using the existing smoke moni-

tors to correlate the relationship of monitor readings to particulate

emission rates,

5 -- 56

---

—3—

(5) On or before August 15, 1972, Caterpillar Tractor

Company pay to the State of Illinois, (Environmental Protection

Agency Fiscal Services Division) a penalty of $2,000, $1,000 for

each violation of Rule 3-3.122. Payment shall be by check payable

to the Fiscal Services Division, Environmental Protection Agency,

2200 Churchill Road, Springfield, Illinois 62706.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, h~prebycertify the above Opinion and 9rder was adopted on

the~~’~~dayof July, 1972 by a vote of

~

£.

Illinois Pollution

ntrol Board