ILLINOIS POLLUTION CONTROL BOARD
    October 4, 1978
    LISSNER CORPORATION,
    Petitioner,
    v.
    )
    PCB 78—207
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by Mr. Goodman):
    Lissner Corporation filed a Petition for Variance before
    the Board on July 31, 1978. The Environmental Protection Agency
    (Agency) filed its Recommendation on September 5, 1978. No
    hearing has been held in this matter.
    This variance petition concerns reverberatory furnaces in
    Lissner’s secondary aluminum smelter located at 1000 North
    Branch Avenue in Chicago. Specifically, Lissner seeks a
    variance from the Board’s Order in PCB 75-19 (entered March 16,
    1978) and the particulate emission standards of Rule 203(a) of
    the Air Regulations (Chapter 2) and the opacity standards of
    Rule 202(b) until a baghouse control system is completed at
    the smelter. The Board’s Order in PCB 75-19 permitted Lissner
    to continue operation of its reverberatory furnaces until
    August 1, 1978, at which time operations were to cease if the
    baghouse system were not operational. The Order included
    a provision that, if between June 28 and August 1, 1978,
    Lissner received for the first time information indicating
    that its baghouse might not be operational by August 1, the
    cease—operation date would be extended 35 days from the date
    of receipt of such information. Lissner now seeks a variance
    until October 1, 1978, so that it can complete the baghouse
    facility without ceasing operation of its reverberatory
    furnaces and again requests that the cease-operation date be
    extended 35 days if between September 1 and September 29 it
    receives for the first time information indicating that its
    baghouse system might not be operational by October 1.
    34-67
    —2—
    Lissner’s Petition and the Agency’s Recommendation both
    indicate that Lissner has been diligent in attempting to
    complete the baghouse system by August 1, 1978. Construction
    of the system was begun even before a contract was entered into
    between Lissner and its contractor. However, unforeseeable
    delays detailed in “Exhibit B” attached to the Variance Petition
    prevented installation and operation of the system by that
    date. These delays were caused by discovery of an underground
    obstruction, underestimation of time by the structural steel
    supplier, unavailability of the special Corten steel for the
    quench vessel, a six week strike at the fan motor supplier’s
    plant, late delivery by the baghouse supplier, a fire, and
    other unforeseeable circumstances.
    Lissner points out that it has voluntarily reduced its
    total emission of particulates to not more than 15,400 pounds
    per month, 30 below the amount permitted by the Board under
    its Order in PCB 75-19. Nevertheless, the Agency recommends
    that Lissner not be granted any extension of time beyond
    October 1, 1978. The Agency indicates that the baghouse
    system is near completion and that the October 1, 1978 date is
    reasonable.
    The Board finds that Lissner is unable to comply at the
    present time and that denying the variance and thus requiring
    shut down of the reverberatory furnaces until the baghouse is
    complete would result in an arbitrary and unreasonable hard-
    ship. The Board agrees with the Agency that a variance
    beyond October 1, 1978, is not necessary. We will, therefore,
    grant Lissner a variance until October 1, 1978, to complete
    installation of its baghouse system, at which time operation
    of its reverberatory furnaces shall cease if the baghouse
    system is not completed. We have included provisions in our
    Order which fulfill the requirements of §113(d) of the Federal
    Clean Air Act.
    This Opinion constitutes the findings of fact and conclu-
    sions of law of the Board in this matter.
    ORDER
    It is the Order of the Pollution Control Board that
    Lissner Corp. be granted a variance from the Board’s Order
    in PCB 75—19 (entered on March 16, 1978) and Rules 203(a)
    and 202(b) of the Air Regulations until October 1, 1978,
    for its reverberatory furnaces, subject to the following
    condjt~ons:
    34-68
    —3--
    1. If Lissner’s baghouse control system is not
    completed by October 1, 1978, Lissner shall cease
    operation of its reverberatory furnaces until such
    system is completed;
    2. Lissner shall continue to comply with all other
    conditions set forth in the Board’s Order in PCB 75-19;
    3. Lissner Corp. is hereby notified that it shall be
    required to pay a noncompliance penalty effective July 1,
    1979, as provided by Section 120 of the Clean Air Act, in
    the event Lissner fails to achieve compliance by July 1,
    1979; and
    4. Within 45 days of the adoption of this Order the
    Lissner Corp. shall execute and forward to the Illinois
    Environmental Protection Agency, Division of Air Pollu-
    tion Control, 2200 Churchill Road, Springfield,
    Illinois 62706 a Certificate of Acceptance and
    Agreement to be bound to all terms and conditions
    of this Order. The 45 day period shall be held in
    abeyance during any period this matter is being
    appealed. The form of said certification shall be as
    follows:
    CERTIF ICATION
    I (We), _______________________,
    having read and fully
    understanding the Order of the
    Illinois Pollution Control
    Board in PCB
    78-207, hereby accept said Order and agree to
    be bound by all of the terms and
    conditions thereof.
    SIGNED____
    TITLE
    DATE
    34-69
    —4—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order were
    adopted on the
    _________
    day of
    __________________,
    1978 by a
    vote of
    Christan L. Moffett, Clerk
    Illinois Pollution Control Board
    34-70

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