ILLINOIS
    POLLUTION CONTROL BOARD
    January
    24,
    1972
    U.
    S.
    INDUSTRIAL CHEMICALS COMPANY,
    DIVISION OF NATIONAL DISTILLERS
    AND
    CHEMICAL CORPORATION
    #71—44
    v.
    ENVIRONMENTAL PROTECTION AGENCY
    )
    SUPPLEMENTAL OPINION AND ORDER OF THE BOARD
    (BY MR. LAWTON):
    On
    October
    14,
    1971,
    the
    following
    order
    was
    entered
    pursuant
    to petition
    for variance filed by
    U.
    S.
    Industrial Chemicals Company:
    ‘IT
    IS
    THE
    ORDER of
    the Pollution Control Board that petitioner
    be granted
    a variance
    to exceed the particulate emission limitations
    set
    forth in
    the
    Rules
    and Regulations Governing the Control of Air
    Pollution,
    subject to the terms,
    conditions and time schedules here-
    inafter set forth:
    1.
    Variance is granted
    to petitioner
    to operate its four
    uncontrolled coal-fired boilers in
    a manner causing
    emission of particulates
    in excess of the regulation
    limits pending the installation
    of five electrostatic
    precipitators,
    the first of which has already been
    installed.
    Two additional precipitators
    shall be
    installed and in operation by May
    30,
    1972,
    Emissions
    from all boilers on which precipitators have or will
    be installed shall meet particulate emission limits
    as
    set forth in the regulations.
    This variance shall ex-
    tend to October
    13,
    1972,
    prior to which date petitioner
    shall have initiated installation of the two remaining
    electrostatic precipitators on Boilers
    #4
    and #5 for
    operation by May
    30,
    1973,
    and shall petition this
    Board
    90
    days
    in advance of expiration for an extension
    of
    this
    variance
    demonstrating
    that
    it has diligently
    pursued
    the
    time schedule
    for total installation
    as set
    forth in
    its variance petition.
    2.
    Variance is granted to March
    30,
    1972 to operate the
    sulphuric acid plant in
    a manner causing particulate
    emissions
    in excess of those allowed in the Rules
    and
    Regulations Governing the Control of Air Pollution
    cending operation
    of the direct hydration alcohol plant.
    On
    March
    30,
    1972,
    the sulphuric acid plant shall be
    3
    511

    shut down.
    No virgin acid shall be manufactured
    for
    sale
    at any
    time when emissions from the sulohuric acid
    plant exceed maximum emission limits presently
    in force
    and effect in
    the Rules
    and Regulations Governing the
    Control of Air Pollution.
    3.
    U.
    S.
    Industrial Chemicals Company,
    through an inderendent
    recognized consultant,
    shall establish,
    operate and
    maintain continuous monitoring stations
    for SO
    for the
    period
    from April
    1,
    1972 to September
    1, 1972~ in the
    area where crop damage has occurred
    in the vast.
    Within
    30
    days after September
    1,
    1972,
    the comoany st~allfile
    with
    the
    Board
    and
    Agency
    a
    program
    for
    the
    alleviation
    of
    excess
    SO2
    levels
    ~ufficient
    to
    cause
    plant
    damage.
    The
    Board
    shall
    issue
    a
    further
    order
    as
    required.
    4.
    The
    Company
    shall,
    within
    thirty—five
    days
    after
    receipt
    of this order, post
    with
    the Agency ahond
    or other secur-
    ity
    in
    the
    amount
    of
    $500,000.00,
    in
    a
    form
    satisfactory
    to
    the
    Agency,
    which
    sum
    shall
    be
    forfeited
    to
    the
    State
    of
    Illinois
    in
    the
    event
    that
    the
    conditions
    of
    this
    order
    are
    not
    comp1i~ed with
    or
    the
    facilities
    in
    auestior.
    are
    operated
    after
    expiration
    of
    these
    variances
    in
    violation
    of
    regulation
    limits.”
    On
    December
    27,
    1971,
    pursuant
    to
    motion
    of
    oetitioner
    for
    Stay of Order pending review of the October
    14,
    1971 order,
    asserting
    that petitioner and the Environmental Protection Aqency had been unable
    to agree on the
    form of bond, we entered the following order:
    “We stay
    our Order of October 14,
    1971
    as
    to the bond,
    to
    January
    17,
    1972, and direct the petitioner and
    the Agency,
    respectively,
    prior
    to
    said
    date,
    to
    submit
    to
    the
    Board
    the
    form of bond proposed by each party.
    After receipt of the pro-
    posed bond forms,
    we
    shall issue
    a further Order directing the
    form of bond
    to he posted,
    and such further order
    as
    to stay
    as
    shall
    be
    appropriate
    in
    the
    circumstances.
    lo al
    other respects,
    the motion for stay of our October
    14,
    1971 order
    is denied so
    that petitioner may proceed with
    its program of compliance
    as
    contemplated
    by
    our
    order.”
    The Agency complied with this Order.
    Nothing has been received
    in this
    respect from
    the petitioner.
    On
    January
    10,
    1972,
    a
    notion
    to
    amend
    the
    order
    granting
    variance
    was received by
    the Board which motion asks that
    there he added to
    the sentence appearing
    in paragraph
    1 of the order which
    reads
    “two
    additional precipitators shall be installed and in ooeraticn by May
    30,
    1972” the following words
    “or
    the
    two boilers on which these precivitators
    3
    514

    are to be~installed shall not be operated after May
    30, 1972
    so that
    emissions from these two boilers exceed maximum emission limits
    presently
    in force and effect in the Rules
    and Regulations Governing
    the Control of Air Pollution.”
    In this respect,
    we grant the motion
    to amend the variance.
    Petitioner will be
    in compliance by May
    30,
    1972, pursuant to either program.
    Petitioner further moves that paragraph
    2 of the Order be modi-
    fied by the deletion of the sentence,
    “On March 30,1972,
    the sulphuric
    acid plant shall be shut down.”
    This portion of the motion
    is denied.
    Contained in the original petition
    for variance
    and throughout the
    hearing,
    petitioner has represented that the sulphuric acid plant
    would shut down by March
    30,1972.
    The opinion notes that crop damage
    resulting from sulphur dioxide and/or sulphuric acid emissions has
    taken
    place.
    This crop damage has conceivably resulted from emissions
    from the sulphuric acid plant independently of whether the emissions
    satisfy the particulate regulations.
    Accordingly,
    this presents
    a
    situation not uncommon where compliance with numerical particulate
    emission limits
    is not sufficient
    to preclude air pollution and con-
    sequential damage
    to property.
    We
    noted
    in
    the
    opinion that
    “fly ash
    and particulate emissions
    attributable
    to the boiler and sulphuric acid operations have signi-
    ficantly interfered with the enjoyment of life and property
    in the
    community.
    Damage to metals
    and crops unquestionably have resulted
    from emissions
    from petitioner’s plant.”
    We further provided for
    a monitoring program for SO2
    in the area
    where crop damage has occurred in the past,
    requiring a reporting pro-
    gram which contemplated such further order of the Board as the circum-
    stances would require.
    Our variation allowance with respect to the sulphuric acid plant
    was premised on its shutdown by March
    30,
    1972.
    If petitioner wishes
    to continue its operation,
    it should file
    a new petition
    for variance
    with
    the
    Board,
    which
    petition
    and
    subsequent
    hearing
    should
    demonstrate
    to the Board’s satisfaction
    that the sulphuric acid plant operation
    will not only meet particulate limit regulations, but will
    also not
    cause emissions which result in damage to crops
    and air pollution
    as
    defined in
    the Act.
    IT IS THE ORDER of the Pollution Control Board:
    1.
    That petitioner’s motion for amendment of paragraph
    1
    of the order entered on October
    14,
    1971 be granted by
    the addition of the words
    “or the
    two boilers on which
    these precipitators
    are to be installed shall
    not be
    operated after May
    30,
    1972 so that emissions from these
    two boilers exceed maximum emission limits presently in
    force and effect in the Rules
    and Regulations Governing
    The Control of Air Pollution”, following the words
    “two
    3—515

    additional precipitators shall be installed and in
    operation by May
    30,
    1972” presently in said order.
    In
    all other respects,
    the motion is denied.
    2.
    Variation heretofore granted as amended shall not be
    effective until
    bond
    in the amount of $500,000.00 has
    been approved by
    the Board.
    Petitioner
    is directed to
    con~p1ywith
    the Board’s Order
    of December
    27,
    1971
    in
    this
    respect.
    I, Christan Moffett, Clerk
    of the Pollution Control B’ard,
    ccrtifv
    that
    the above Supplemental Opinion and Order of the Board
    was
    adopted on the
    ~-/
    day ~f January,
    .1972, by
    a vote
    of
    .
    to ~
    /
    /
    -
    /
    ‘‘7/’
    3—516

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