ILLINOIS POLLUTION CONTROL BOARD
    May 3, 1972
    KANKAKEE
    FOUNDRY COMPANY
    v.
    )
    PCB 71—366
    ENVIRONMENTAL PROTECTION AGENCY
    )
    Edwin W. Sale and William S. Eaken, Attorneys for Kankakee Foundry Compar
    Prescott E. Bloom, Attorney for the Environmental Protection Agency
    O’~inionand Order of the Board (by Mr. Aldrich):
    A petition for variance was filed by Kankakee Foundry Company on
    November
    23,
    1971. Petitioner requests a variance from provisions of
    the Environmental Protection Act (“Act”) and rules and regulations
    effective pursuant thereto.
    Petitioner operates a grey iron foundry in the City of Kankakee,
    Illinois. The Company’s present facilities include a No. 9 Whiting
    cupola which is now forty-five years old. Existing emission controls
    consist of a wet cap on the cupola together with after-burners.
    Petitioner estimates its emission rate to be 72 pounds of particulate
    matter per hour, which matter consists of iron oxides, sulphur
    dioxide, silicone dust, and carbon monoxide (Pet. Ex. ~ Following
    an inspection of Petitioner’s facilities, personnel of the Environmental
    Protection Agency estimated the emission rate to be 424 pounds per hour
    thereby exceeding the allowable rate by a factor of approximately nine
    (EPA Ex. 1). The reason for the rather large discrepancy between
    the estimate of the Company and that of the Agency is unknown but
    the estimates of both parties indicate that the Company’s present
    emission rate exceeds the allowable limit.
    At the time the Company filed its variance petition it was in the
    process of investigating two alternative methods to reduce emissions.
    The Company was then undecided between building a new cupola equipped
    with modern emission control devices or installing a coreless induction
    furnace. Petitioner subsequently decided to pursue the latter course.
    On March 1, 1972, the Company entered into a lease with Brown Boveri.
    Corporation providing for the installation and lease of two package
    induction furnaces (line frequency coreless induction melting furnace)
    and a gas-fired charge preheater (Pet. Ex. 2). By letter dated
    February 11, 1972, Brown Boveri Corporation indicated its intention
    to schedule the construction and installation of said equipment for
    start up on or about July 17, 1972 (Pet. Ex. 1). Petitioner applied
    for an installation permit for the eq~aipmenton March 6, 1972 (Pet.
    Ex.~4). The Company estimates that its emission rate following
    installation of the new equipment will be 3.0 pounds per hour.
    4 —
    467
    A hearing in the case was held March 10, 1972. At that tjme
    E. C. Schneider, President of Kankakee Foundry Company, agreed to
    shut down the present operation on July 1, 1972, preparatory to
    installing the new equipment (Pet. Ex. 7). He further committed
    Petitioner to applying for an operating permit within two weeks after
    installation. Petitioner has submitted a performance bond in the
    amount of $50,000.00 conditioned upon compliance with the terms of
    the stipulation with the Agency. Petitioner is committed tousing
    the new equipment exclusively by no later than September 1, 1972.
    In making its case for a variance, Petitioner contends that even a
    temporary shutdown of its operations prior to July 1, 1972, at which
    time orders are normally reduced, would impose an unreasonable hardship
    on the Company and its employees. Because of its present financial
    obligations the Company might be forced into receivership should its
    request for additional time be denied. Employment for approximately
    140 persons, many of whom are allegedly disadvantaged, would be
    terminated.
    The Agency stipulates that the area surrounding Kankakee is not among
    those suffering serious air pollution and that the public interest
    does not require the closing down of the operation pending the
    delivery and installation of the new furnaces (Pet. Ex. 7). The
    Agency has not received any complaints concerning the operation of the
    foundry.
    We are convinced from the facts in this case that a variance is merited.
    The Company is committed to closing down its present operations by
    July 1, 1972 and risks forfeiture of the performance bond if it fails
    to do so. The continued emission of particulate matter in excess of
    the standards until that time does not warrant immediate closing of
    the plant and attendant loss of employment for 140 persons. We shall
    therefore grant Petitioner a variance from applicable air pollution
    regulations until September 1, 1972. In granting the variance, we
    impose only the condition that Petitioner not increase its process
    weight rate above the present level.
    As noted previously, Petitioner is already committed to applying for
    an operating permit within two weeks following installation of the
    new equipi:ent. Evaluation by Agency personnel at that time is
    intended to ensure that the Company’s emissions will be in compliance
    with the standards.
    Finally, we note that there is presently pending before this Board
    an enforcement action in which Kankakee Foundry Company is named
    Respondent (EPA v. Kankakee Foundry Company, PCB 72-126). That action
    involves charges or alleged violations ot air pollution regulations
    arising from use of the Company’s existing cupola. Our action today
    in granting the Company a variance is done without prejudice as to
    any penalties which this Board may deem appropriate as a result of
    evidence presented in the enforcement cause.
    This Opinion constitutes the Board’s findings of fact and conclusions
    of law,
    4 — 468
    ORDER
    1. Karikakee Foundry Company is hereby granted a variance
    from air pollution provisions of the Environmental
    Protection Act and rules and regulations effective
    pursuant thereto until September 1, 1972, for its grey
    iron foundry in Kankakee, Illinois. This action is without
    prejudice as to penalties resulting from evidence elicited
    in the pending enforcement case.
    2. During the period of this variance Kankakee Foundry Company
    shall not increase the process weight rate of its existing
    cupola above the average for the preceding thirty days.
    3. Kankakee Foundry Company shall not use the presently existing
    cupola after July 1, 1972.
    4. Kankakee Foundry Company shall within 35 days of this order
    post a performax~cebond of $50,000 in compliance with the
    terms of the stipulation.
    I, Christan L. Moffett, Clerk of the Pollution Control Board,
    certify that the Board adopted the above Opinion and Order
    this 3rd day of May, 1972 by a vote of 5—0.
    4 —
    469
    .

    Back to top