ILLINOIS POLLUTION CONTROL BOARD
    March 20, 1997
    W.R. GRACE & CO. - CONN.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 96-193
    (Variance - Air)
    ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter is before the Board on a March 13, 1997 joint motion to clarify the
    Board’s February 6, 1997 order. The parties state that the language in paragraphs A(3)
    and A(4) was not the exact language proposed in the parties’ Proposed Compliance
    Plan, and request the Board to restore the original language for purposes of clarity.
    The Board grants the parties’ motion. The second sentence in paragraph A(3)
    which stated “[t]he studies shall include any Agency modifications” is amended to
    read:
    The studies undertaken by Grace will include consideration and
    evaluation of all matters requested by the Agency to be included in the
    scope of studies.
    The second sentence in paragraph A(4) is amended to include the phrase “based
    on the supporting documentation” and reads as follows:
    Upon receipt, the Agency shall evaluate the conclusions based on the
    supporting documentation and either concur or reject the proposed
    compliance method as expeditiously as possible, but in any event, no
    later than July 15, 1997.
    The order, as amended, is set forth below in its entirety.
    ORDER
    For its facility located at 6050 West 51
    st
    Street, Chicago, Cook County, Illinois
    petitioner, W.R. Grace & Co.-Conn. (Grace), is hereby granted a two-year extension
    of variance from the Board’s testing requirements under 35 Ill. Adm. Code 218.106(c),
    218.940(b), 218,946, 218.948 and 218.Subpart UU as to its solvent mixer loading
    operation. This variance shall commence retroactively on March 16, 1996 and

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    terminate on March 16, 1998. Grace is also granted a variance from the testing
    requirements under 35 Ill. Adm. Code 218.106(c), 218.940(b), 218,946, 218.948 and
    218.Subpart UU as to its catalytic oxidizer. This wholly retroactive variance shall
    commence on March 15, 1996 and terminate on October 25, 1996. Finally, Grace is
    granted a variance from the Board’s emission control requirements under 35 Ill. Adm.
    Code 218, Subpart QQ, and the related recordkeeping and reporting requirements
    under 35 Ill. Adm. Code 218, Subpart UU and Section 9(b) of the Environmental
    Protection Act (Act) as to its solvent mixer loading operations and its catalytic oxidizer.
    (415 ILCS 5/9(b) (1994).) This variance shall commence retroactively on August 15,
    1996 and terminate on May 15, 1998.
    This grant of variance is subject to the following conditions:
     
    A. Grace shall submit by January 15, 1997, detailed outlines for studying
    other possible methods of compliance, as set forth in subsection (1)
    below.
    1. The outlines shall detail studies of catalytic oxidation, enclosed
    flare and other options, as appropriate for control devices,
    pursuant to the following:
    a) A catalytic oxidizer study shall, at a minimum, include
    information as to feasibility and safety concerns regarding
    use of the following:
    (1) VOM monitors, or a series of monitors in the duct
    work leading to the catalytic oxidizer;
    (2) Warning systems capable of diverting emissions
    that exceed the lower explosive limit to an
    emergency bypass stack;
    (3) The installation of rupture discs and flame
    arresters in the duct work leading to the catalytic
    oxidizer; and,
    (4) The effects of installation of a dilution box in the
    duct work leading to the catalytic oxidizer.
    b) An enclosed flare study shall provide information on all
    aspects of the use of a flare for emissions control.
    c) Grace may also submit outlines for any other control
    device it wishes to study.

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    2. Each such outline shall include all test methods and procedures to
    be used during the studies, all appropriate emission factors and a
    timeframe for completion of the studies.
    3. Each such outline shall be subject to modification and approval
    by the Agency prior to commencement of the studies. The
    studies undertaken by Grace will include consideration and
    evaluation of all matters requested by the Agency to be included
    in the scope of studies. The Agency shall complete evaluation
    and approval of each outline no later than February 1, 1997.
    4. Grace shall submit the conclusions reached during the course of
    the investigations, including all supporting documentation, test
    methods and procedures to the Agency as they become available,
    but in any event, no later than July 1, 1997. Upon receipt, the
    Agency shall evaluate the conclusions based on the supporting
    documentation and either concur or reject the proposed
    compliance method as expeditiously as possible, but in any event,
    no later than July 15, 1997.
     
    5. In the event that the Agency concurs with the proposed
    compliance method, the following items shall be completed:
    a) A purchase order for control equipment shall be initiated
    by August 1, 1997;
    b) Control equipment shall be installed and operational by
    April 1, 1998; and,
    c) All necessary testing of the control equipment shall be
    conducted and submitted to the Agency by May 15, 1998.
    B. During the pendency of the variance, Grace shall submit to the Agency
    by the first of each month, monthly progress reports documenting
    progress made on the studies delineated in paragraph A above, as well as
    monthly emissions estimates. These progress reports, outlines and
    studies shall be submitted to:
     
    Illinois Environmental Protection Agency
    Bureau of Air
    2200 Churchill Road, P.O. Box 19276
    Springfield, Illinois 62794-9276
    Attn: Compliance Section Manager
    and
    Illinois Environmental Protection Agency

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    Bureau of Air
    1701 First Avenue
    Maywood, Illinois 60153
    Attn: Compliance Section Manager
     
    C. Grace shall submit all required construction and operating permit
    applications, including an amendment to its pending Clean Air Act
    Permit Program (CAAPP) application to the Agency’s Permit Section
    Manager at the Springfield address in Paragraph B, as required to meet
    all applicable regulatory requirements under the Act and the deadlines in
    this variance.
    D. By April 1, 1998, Grace shall comply with 35 Ill. Adm. Code 218,
    Subpart QQ and by May 15, 1998 with Subpart UU.
    IT IS SO ORDERED.
    If Grace chooses to accept this variance subject to the above order, within forty-
    five days of the grant of variance, Grace must execute and forward the attached
    certificate of acceptance and agreement to:
    Tina Archer
    Division of Legal Counsel
    Illinois Environmental Protection Agency
    P.O. Box 19276
    2200 Churchill Road
    Springfield, Illinois 62794-9276
    Once executed and received, that certificate of acceptance and agreement shall
    bind Grace to all terms and conditions of the granted variance. The 45-day period shall
    be held in abeyance during any period that this matter is appealed. Failure to execute
    and forward the certificate within 45 days renders this variance void. The form of the
    certificate is as follows:
    CERTIFICATION
    I (We), ______________________________________________, hereby accept
    and agree to be bound by all the terms of the Order of the Pollution Control Board in
    PCB 96-193, March 20, 1997.
    _________________________________
    Petitioner
    _________________________________
    Authorized Agent

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    _________________________________
    Title
    _________________________________
    Date
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994))
    provides for the appeal of final Board orders within 35 days of the date of service of
    this order. The Rules of the Supreme Court of Illinois establish filing requirements.
    (
    See also
    35 Ill.Adm.Code 101.246 "Motions for Reconsideration.")
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby
    certify that the above order was adopted on the _____ day of ___________, 1997, by a
    vote of ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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