ILLINOIS POLLUTION CONTROL BOARD

November 26, 1975

FIRESTONE TIRE

&

RUBBER COMPANY,

Petitioner,

v.

)

PCB 75—343

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD (by Mr. Zeitlin):

Firestone Tire & Rubber Company (Firestone) filed its

Petition for Variance on September 3, 1975, seeking relief

from Rule 109, “Circumvention,’ as it applies to Rule 204(d)

of Chapter 2: Air Pollution, of the Pollution Control Board

(Board) Rules and Regulations. PCB Regs., Ch. 2, Rules 109,

204(d). The relief is asked to allow the burning of mixed

natural gas and No. 6 residual fuel oil in boilers at Firestone’s

Decatur, Illinois manufacturing facility. A recommendation

was filed by the Environmental Protection Agency (Agency) on

October 10, 1975. No hearing was held.

BACKGROUND

Firestone uses three boilers to provide building heat

and process steam for its Decatur tire manufacturing facility.

These boilers are normally

fired

with natural gas, with

residual fuel oil as a standby fuel for periods of natural

gas service interruption. Two boilers are normally used,

with the third for standby use.

During 1974, Firestone purchased considerable quantities

of 1.8 sulfur fuel oil for standby use in its boilers, in

expectation of 80 days of natural gas service interruption.

Firestone planned to consume this high sulfur fuel oil by

May 30, 1975, after which date Rule 204(c) (2) (A) limited sulfur

dioxide emissions from residual oil—burning sources to a total

of 1 lb. per million btu, a limit which could not be met with

1.8 sulfur oil. Firestone planned to use low sulfur (0.9

-

0.95 sulfur) fuel oil after May 30, 1975. However, as a result

of unexpectedly few gas service interruptions during the last

heating season, Firestone now has remaining in inventory approxi-

mately 820,000 gallons of the high sulfur fuel oil, in addition

to considerable quantities of the low sulfur fuel oil.

19

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333

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Firestone now proposes that it be allowed to use its stocks

of 1.8 sulfur fuel in combination with natural gas, during

periods of gas availability. Firestone would, under this plan,

continue with its original plan to use the low sulfur oil during

periods of gas service curtailment, to minimize SO2 emissions.

Unfortunately, our Rules make no provision for an emission

source burning a combination of residual fuel oil and natural

gas, and Firestone has brought this Variance Petition before

us.

Firestone’s Petition is novel, and the relief it asks has

not, to our memory, been requested before. Firestone specifically

asks for a Variance from Rule 109, “Circumvention,” as that

rule applies to Rule 204(d), “Combination of Fuels.” Firestone

asks that it be allowed to include the btu heat input from

natural gas within the portion of the equation in Rule 204(d)

that would apply to residual fuels. If we allow that procedure,

SO2 emissions from Firestone’s Decatur plant will never exceed

the limits in Rule 204. During periods of gas availability, the

use of natural gas to provide 55 of the btu heat input for the

boilers will allow compliance with Rule 204(d). During periods

of gas unavailability, use of low sulfur fuel oil will allow

compliance with Rule 204 (c) (2) (A).

HARD

SHIP

It would appear that Firestone acquired its stock of

high-sulfur residual oil in good faith, and with no intent to

“circumvent” the emission regulations. Rule 204 (c) (2) (A),

which would require the use of low sulfur oil at the Firestone

plant, did not become effective until May 30, 1975; Firestone

fully expected to use all of its high sulfur oil before that

date.

Now, as a result of warm weather and other factors during

the last heating season, Firestone has a large inventory of high

sulfur oil which it cannot burn legally nor sell. Firestone’s

Petition indicates that it simply has not been able to obtain a

buyer for the 820,000 gallons of 1.8 sulfur oil, which it acquired

at a cost of $210,000. In addition, the storage costs for this

oil are

$1,950

per month. Firestone has had to lease facilities

in Meridosia to store 320,000 gallons of the high sulfur fuel

oil. Storage at its own plant prevents Firestone from stocking

large quantities of low sulfur oil for use during future gas

service curtailments, so that additional off—site facilities

would be required. Firestone states that it has not been able

to arrive at a salvage value or disposal cost for the high

sulfur oil, in the event that the Variance is not granted.

19—

334

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—3—

EMISSIONS

Rule 204

(C)

(2) (A) allows emissions of 1 lb./million btu

for SO~,where residual oil is used as a fuel. Firestone

estimates that at peak firing, it would be allowed emissions

of 97.50 lb. ~ for each operating boiler under that~Rule.

Rule 204(d), as applicable here, would normally allow

only the same emissions per million btu of fuel oil heating,

with no allowance for the gas used, because the heating value

of th~naturalgas could not be used in arriving at the allowable

emission value. Firestone asks in its Petition that the

Variance allow the inclusion of the natural gas, resulting

in an allowable emission of 97.5 lb. SO2 per hour. Actual

emissions from the combination of fuels will be 80.51 lb,/hr.

of SO2.

TRAIN

This Board has previously stated that it cannot grant a

Variance where such Variance will result in a failure to attain

or maintain national ambient air quality standards, under the

rule of Train v. N.R.D.C. 43 U.S.L.W. 4467 (U.S., April 16, 1975).

See King-Seeley

V.

EPA, PCB 75-159, (April 24, 1975) (Interim

Order); Shell v. EPA, PCB 75-90 (May 22, 1975). Firestone’s

Petition contains considerable atmospheric modeling which

indicates that under the most stringent of stability conditions,

at maximum emission levels from the Firestone plant, and

assuming considerable ambient background SO., concentrations,

the areas most affected by Firestone’s plant would not experience

a violation of those standards. In addition, the Agency concludes

in its Recommendation that Firestone’s emissions “would not have

a significant adverse effect on ambient air quality in the area.”

We note that the Agency’s 1974 Annual Air Quality Report,

at page 140, states that “tjhe air quality standards for sulfur

dioxide were not exceeded at any of the monitoring sites in

this region.” (The statement was made for the “West Central

Illinois Interstate Springfield

-

Quincy Air Quality Control

Region 75.”)

19—335

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—4--

THE VARIANCE

Examining both the hardship and the effect of the proposed

emissions on the area to be affected, we feel that a Variance

is warranted. We agree with the Agency that Firestone has

requested the wrong relief in asking a Variance from Rule 109

as it applies to Rule 204(d); however, we disagree with the

Agency’s statement that relief should be granted from Rule 109

as it applies to Rule 204 (c) (2) (A). A Variance from Rule 109

is not an appropriate action; a Variance from Rule 204 (c) (2) (A),

by itself, will be sufficient. As a condition to the Variance

we will require that the high sulfur oil be used only in

conjunction with natural gas, as proposed in the Petition.

We agree with the Agency that Firestone has requested the

Variance for an excessive period of time, Instead of the nine

months requested, the Agency feels that regular use of the

combined fuels would allow complete exhaustion of the high

sulfur fuel oil within 3-1/2 months. The Agency’s Recommendation

does not allow for any future gas service interruptions. We

therefore shall allow five months for Firestone to use its

existing stocks of high sulfur oil.

We shall also require that Firestone notify the Agency upon

completion of its program to use the combined fuels, and of the

amount of high sulfur oil used each month during the Variance

period. As a final condition, we shall require a standard

Certification form.

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

Petitioner Firestone Tire & Rubber Company be granted a Variance

for a period of five months from the date of this Order from

Rule 204(c) (2) (A) of Chapter 2: Air Pollution, of the Pollution

Control Board Rules and Regulations, to allow the use of existing

stocks of high sulfur oil in the boilers at its Decatur plant,

subject to the following conditions:

19— 336

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1. Petitioner’s existing stocks of 1.8

sulfur residual fuel oil may only be used in

conjunction with natural gas, such that the

natural gas provides 55 of the actual heat

input to its boilers, the remaining 45 of

actual heat input to be provided by the 1.8

sulfur residual fuel oil.

2. Petitioner shall burn the above

combination of fuels during all periods of

natural gas availability.

3. Petitioner shall, by the 10th day

of each month during the term of this Variance,

report to the Environmental Protection Agency

the amounts of 1.8 sulfur residual fuel oil

used and the remaining stocks of 1.8 sulfur

residual fuel oil, and shall report immediately

upon exhaustion of its existing stocks of 1.8

sulfur residual fuel oil.

4. Petitioner shall, within 30 days of

the date of this Order, submit to this Board and

to the Environmental Protection Agency a

Certificate of Acceptance in the following form:

I, (We),

_________________________

having read

the Order of the Illinois Pollution Control Board

in case No. PCB 75-343, understand and accept said

Order, realizing that such acceptance renders all

terms and conditions thereto binding and enforceable.

SIGNED

TITLE

DATE

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

Control Board, hereby certify the above Opinion and Order w re

adopted on the ~

day of

~

~

by a vote of

_____

Illinois Pollution