ILLINOIS POLLUTION CONTROL
BOARD
April 29, 1982
BEKER INDUSTRIES CORPORATION,
)
Petitioner,
v.
)
PCB 80—224
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
Respondent.
OPINION AND ORDER OF THE BOARD (by I. Goodman):
This matter comes before the Board upon a Petition for
Variance filed on December 9, 1980 by Beker Industries Corp.
(Beker) which requested a variance from certain conditions
imposed in a prior Board Order in PCB 79—9 (Beker Industries
Corp.
V.
IEPA, 35 PCB 389, September 20, 1979) and ask~~r
relief from the compliance schedule imposed as a special con-
dition to its NPDES Permit No. 1L0036463. Beker seeks relief
from the requirement that it neutralize its cooling
pond with
lime and institute a program of managed discharge of the con-
tents of the cooling pond, by proposing the alternative of de-
fluorinating its phosphoric acid. Similarly, in lieu of con-
structing a wastewater treatment plant for boiler blowdown and
softener regenerate, Beker proposes to route boiler blowdown
and softener regenerate to its cooling pond. This change is
sought because “Beker now has the opportunity to put a portion
of its idle phosphoric acid plant to use in defluorinating the
phosphoric acid that is used to produce dicalcium phosphate.”
(Pet. 4; Rec. 2).
On December 11, 1980, the Illinois Environmental Protection
Agency (Agency) filed an Objection and Request for Hearing.
On December 113, 1980, the Board entered an Order requesting
more information from the Petitioner. On May 21, 1981, the
Agency filed a Recommendation which recommended that the Boai~d
grant the Petitioner’s variance, subject to various conditions.
On July 30, 1981, Beker filed its Response to the Agency
Recommendation. On February 8, 1982, the Agency
filed an
Amended Recommendation which altered several
of
the previously
recommended conditions. No hearing has been held in this
matter and no public comments have been received.
46— 185
—2—
The Petitioner owns and operates a chemical manufacturing
plant in Marseilles, Illinois which is bounded, on the south,
by the Illinois River, and, on the east, by Kickapoo Creek.
The plant, which formerly manufactured sulfuric acid, phos—
phoric acid, and diammonium phosphate (flAP), currently utilizes
molten sulfur to produce 175,000 tons of sulfuric acid per year
and uses lime slurry and phosphoric acid to annually produce
39,000 tons of dicalcium phosphate, an animal feed supplement.
(Pet. 7—8). Beker’s plant: (1) employs about 40 permanent
workers, with an annual payroll of over $1,000,000; (2) employs
about 40 seasonal workers, with a yearly payroll of about
$230,000; (3) purchases about $150,000 worth of services
from Illinois independent contractors; and (4) produces over
$15,000,000 worth of chemical products every year. (Pet. 8).
Beker ceased production of DAP in 1976. However, as a
byproduct: of the prior DAP production, a 50 foot
high
pile of
calcium sulfate (i.e., gypsum) sludge, covering 80 acres, was
created, and is now stored, on the plant site. Berms and
ditches have been placed around the gypsum pile to collect
seepage, but the ditch system is not totally effective in
eliminating potential environmental injury from minor seepage
which amy include cooling pond water pumped onto the gypsum
pile for the purpose of additional evaporation. (Rec. 3—4).
The previous production of DAP also required a 35 acre
phosphoric acid cooling water pond which discharged flows to
the Illinois River via an inlet and adjacent outlet point
(outfall 002a). However, the only sources of water now entering
this cooling pond are direct rainfall, surface runoff, and
runoff from the gypsum pile. Effluent from the sulfuric acid
plant boiler blowdown (Outfall 004a); water treatment plant
waste (Outfall 004b); and boiler blowdown (Outfall 002b) must
meet specified effluent limitations for total suspended solids,
total dissolved solids, iron (total), copper (total), pH, and
temperature. (Rec. 5—8; Appendix A & B of RecJ.
The Petitioner’s phosphoric acid plant, which was shut
down in 1976, remains closed. However, it is anticipated that
the defluorination of phosphoric acid brought in from Beker’s
Louisiana plant may allow part of the phosphoric acid facility
in Marseilles to be used again. (Pet. 7—8). Because the
defluorination process results in recycling of cooling water,
the Petitioner believes that neutralization of the cooling
pond would be a totally unnecessary, wasted step causing
arbitrary and unreasonable hardship. (Rec. 9—10).
The Agency’s reservations pertaining to Beker’s computer
analysis of the cooling water pond level indicated that a con-
tingency plan was necessary to assure that none of the overflows
from the cooling water pond will enter the Illinois River.
46—186
—3—
In its Amended Recommendation, the Agency incorporated this
contingency plan in the proposed conditions of the variance
and noted that the Marseilles facility is currently operating
only on a limited basis, (Am. Rec. 2—11).
The Agency has recommended that the Board grant the re-
quested variance, subject to specified conditions. The Board,
however, is concerned about possible seepage from the pond,
especially after the addition of hot acidic effluent from the
barametric condensers of the defluorination facility. The
Board will therefore add a proviso that the defluorination
facility not be activated until the monitoring wells are com-
pleted and the Agency is satisfied that there is no immiment
danger to the environment that might require emergency cor-
rective procedures.
The Board finds that denial of the variance would impose an
arbitrary or unreasonable hardship upon Petitioner. Accordingly,
the Board will grant the requested variance, subject to the
conditions which are delineated in the Board’s Order.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter,
ORDER
1. The Petitioner, Beker Industries Corporation, is hereby
granted a variance until April 15, 1985 from paragraphs
2(A), 2(B), and 5(C) of the Board’s Order in PCB 79-9
(Beker Industries Corp v. IEPA, 35 PCB 389, September 20,
1979), subject to the following conditions:
a. This variance will expire should Petitioner permanently
close its Marseilles facility, and the Board’s Order
jr~
PCB 79-9 will again be in effect to the extent aopli—
cable to the shutdown facility. This facility w~.ll be
considered permanently closed if operations do not re-
commence within one year of the date of the Board’s
Order regarding the instant variance request.
b. Petitioner shall comply with the contingency plan
to prevent pond overflows into the Illinois River,
as outlined in paragraphs b. through i. of the Amended
Recommendation, filed February 8, 1982, which is
incorporated by reference as if fully set forth herein,
except that in no case shall the defluorination facility
be activated until after the monitoring test wells in
paragraph (g) are completed and the Agency is satisfied
that the pond seepage does not constitute an imminent
danger to the environment.
46—187
—4-,
c. Within forty—five days of the date of this Order,
Petitioner shall execute and forward to the Illinois
Environmental Protection Agency, Enforcement Programs,
2200 Churchill Road, Springfield, Illinois 62706,
a Certificate of Acceptance and Agreement to be bound
to all terms and conditions of this variance. This
forty-five day period shall be held in abeyance for
any period this matter is being appealed. The form
of the certificate shall he as follows:
CERTIFICATION
I, (We),
having read
the Order of ~
Boar in PCB 80—224,
dated
—
,
understand and accept
the said Order, realizing that such acceptance renders all terms
and conditions thereto binding and enforceable.
Petitioner
By: Authorized Agent
Title
Date
2. The Board shall retain jurisdiction in this matter.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the abQve Opinion and Order
were adopted or~the ~
day of
___________—
,
1982
by a vote of ~
Christan L. of e,t
,
Clerk
Illinois Polluti ontrol Board
46—188