ILLINOIS POLLUTION CONTROL
BOARD
March
28, 1977
PEOPLE OF THE STATE OF ILLINOIS
)
and ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Complainants,
v.
)
PCB 75—125
MORTON-NORWICH PRODUCTS,
INC.,
)
a Delaware corporation,
)
)
Respondent.
MR.
JAMES K. JENKS II and MR. DENNIS FIELDS, ASSISTANT ATTORNEYS
GENERAL, APPEARED ON BEHALF OF THE COMPLAINANTS;
MR. HOLLAND
C.
COPPER,
MR.
PAUL
D.
FRENZ, and
MR. ELIAS
N.
MATSAKIS,
McBRIDE,
BAKER, WIENKE
& SCHLOSSER, APPEARED ON BEHALF OF RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by Mr. Goodman):
This case was filed on March 21, 1975 by the Attorney General
of the State of Illinois
(Attorney General)
against Morton-Norwich
Products,
Inc.
(Morton) alleging that certain gaseous emissions
from
Morton’s operation at its Ringwood facility caused a violation of
Section 9(a) of the Environmental Protection Act
(Act).
On July
2,
1975 the Illinois Environmental Protection Agency
(Agency)
filed a
Petition to Intervene as a Complainant in this action, which Petition
was granted by the Hearing Officer herein.
Hearings were held in this
matter starting June
30,
1975 and ending January 24, 1977 after some
ten days of hearing and 1424 pages of testimony.
The January 24,
1977
hearing resulted in a proposed Stipulation and Proposal for Settlement
in this matter.
Morton,
through its Morton Chemical Company Division,
owns and
operates
a facility located on Barnard Mill Road,
Ringwood, McHenry
County,
Illinois.
The Ringwood facility is a multi—chemical opera-
tion including the manufacture and production of organic and inorganic
25-in
—2—
chemicals,
pharmaceutical chemicals, photographic chemicals, agri—
cultural chemicals and industrial chemicals.
The facility has equip-
ment to unload and transfer chemicals to storage tanks from both trucks
and rail cars.
This transfer operation is alleged to result
in
odorous emissions.
Morton’s manufacturing operations consist of, among others,
a
facility that produces a soil fumigant whose trade name is Vorlex,
and a latex facility which produces material used in the manufacture
of floor polishes and barrier coatings.
These two facilities
together with the unloading and storage facilities are alleged to be
the source of the odor violations set forth
in the Complaint.
Exist-
ing emission control equipment in the facility include carbon ad-
sorption on the latex reactor emission stream and a condenser, iron
oxide adsorber, carbon adsorber and after—burner incinerator on the
emission stream from the Vorlex reactor.
Review of the lengthy record herein shows the probability of
intermittent emission of chemical vapors resulting in reactions in
citizens ranging from no reaction whatever to acute physical dis-
comfort.
The record also indicates a heavy dependence by Morton on
employees for maintenance of the existing pollution equipment with
little or no supervision with respect to that function.
The Stipulation and Proposal for Settlement
(Stipulation)
filed
February
4,
1977 reviews Morton1s facility and manufacturing processes
and the progress of the
case
up to the submission of the Stipulation.
For the purposes of settlement only, Morton admits that it caused air
pollution
in violation of Section 9(a)
of the Act on May 20,
1974,
October 3,
1974 and October
8,
1974.
It
is stipulated that Morton
has completed the installation of an activated carbon adsorption system
upstream of the after-burner at its Vorlex plant and Morton agrees
that its after-burner will be operated at a temperature no less than
12001 Fahrenheit.
In addition Morton has installed new condensers
between the reactors and the incinerator in the Vorlex plant.
Morton
agrees that the carbon adsorber on the roof of the Vorlex plant will
be examined every operating day by one of its employees and that the
carbon filters will he chanqed at any time an odor is detected but in
no event later than every 24 operating days.
A record
will
be kept
containing the time and dates of the inspection,
the name of the in—
spector, and any changes made in the carbon filter.
In addition,
the ambient room air
in the Vorlex facility shall be maintained at a
negative pressure at all times during production operations and will
be discharged through the carbon adsorber on the roof of the facility.
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178
—3—
A very significant paragraph of the Stipulation indicates that
Morton has employed nine
(9) additional supervisors at the plant,
three
(3) of which are assigned to the Vorlex department.
Morton
indicates that the new supervisors are specifically charged with the
duty of training employees with respect to fire emergency procedures
and the shutdown of process in the event of a pollution control equip-
ment malfunction.
In addition they are to train operators in the
basic operation of the environmental control equipment and to check
the environmental control equipment before starting an operation.
Supervisors are also charged with the responsibility of the opera-
tion of the pollution control equipment.
Morton additionally agrees
that should any equipment malfunction result in a significant odor
release, it will shutdown the process responsible until the equipment
malfunction is remedied.
With respect to the unloading and transportation equipment,
Morton agrees to utilize a closed loop vapor return unloading
system
and to refuse acceptance of any tank truck not so equipped.
When
unloading a railroad tank car, Morton will utilize the vapor return
systems if the car is so equipped.
If the car is not so equipped,
Morton will utilize a batch carbon adsorption unit through which the’
vent vapors will pass before discharging to the atmosphere.
It is
noted that about 50
of the tank cars received by Morton are equipped
with closed system unloading and that Morton receives about two cars
per week
(R.52l).
The Stipulation further cites changes to be made by
Morton on storage tanks including conservation vents,
insulation and
additional unloading pumps and other equipment for specific chemicals.
Morton will post signs in all unloading areas to remind employees with
respect to environmentally sound procedures to be used in unloading.
Morton will make a feasibility study concerning replacement of
the adsorption system in its latex plant with the object of install-
ation of a central carbon adsorption system.
Morton has the alterna-
tive of presenting an alternate system but will be bound by the
Agency’s decision unless the feasibility study indicates a probable
contamination of the final project.
In that case Morton
may
petition
the Board for variance from that paragraph of the Stipulation.
Morton will obtain permits for all construction and will furnish
the Agency and the Attorney General with monthly progress reports.
Morton will discontinue use of the settling pond on the southwest
corner of the property and will cover the pond with clay within
9
months from the date of this Order.
Morton will log and investigate
all complaints received, will exercise good housekeeping in preventive
maintenance to minimize leaks of chemicals,
and will instruct all
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179
—4-
tank farm operators with respect to unloading procedures.
In
settlement of this action Morton agrees
to remit to the State of
Illinois the sum of $3,000.00 to be paid within one month from the
date of this Order.
The total cost to Morton of the equipment envisioned by this
Stipulation
is in excess of $200,000.00.
The proposed housekeeping
procedures and the addition of nine supervisors at the installation
convinces the Board that acceptance of the Stipulation will result
in the protection of the environment and the citizens
of the State
of Illinois.
The Board will therefore accept the proposed Stipula-
tion and Proposal for Settlement
filed February
4,
1977, which Stipu-
lation
is hereby incorporated by reference as if fully set forth herein.
This Opinion constitutes the findings of fact and conclusions
of law of the Board in this matter.
ORDER
It
is the Order of the Pollution Control Board that:
1.
Morton—Norwich
Products,
Inc.
is found
to have been in
violation of Section 9(a)
of the Illinois Environmental
Protection Act on May
20,
1974,
October
3,
1974 and October
8,
1974.
2.
Morton—Norwich Products,
Inc.
shall pay a penalty of
$3,000.00 for said violation, the penalty to be paid within
30 days of the date of this Order to:
State of Illinois
Environmental Protection Agency
Fiscal Services Section
2200 Churchill Road
Sprinqfield,
T1linoi~
(~27O(
3.
Morton-Norwich Products,
Inc.
shall
comply with
the Stipulation and Proposal for Settlement filed
with the Board February
4,
1977, which Stipulation
is
hereby incorporated by reference
in this Order as
if
fully set forth herein.
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180
—5—
I, Christan L.
Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify the ~bove Opinion and Order were adopted on the
___________day
of
,
1977 by a vote of
~—D
C~LL~m)
~
Christan
I.
M~ff4i~fr’~
Clerk
Illinois Pol1utiói~tontro1Board
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