ILLINOIS POLLUTION CONTROL BOARD
    November 15,
    1979
    OLIN CORPORATION
    (JOLIET),
    Petitioner,
    v.
    )
    PCB 79—29
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Goodman):
    Petitioner filed its Petition for Variance and for Amend-
    ment of the State Implementation Plan
    (Petition) on February
    13,
    1979 and a supplement
    (Amended Petition)
    thereto on May
    3,
    1979, which on May 10,
    1979 the Board ordered construed as an
    amendment
    to the petition.
    On June 15, 1979 the Agency recom-
    mended the Board grant the variance.
    A hearing was held on June 26, 1979 on the amendments
    Petitioner sought to make to the State Implementation Plan
    (SIP),
    at which time a joint stipulation and memorandum were
    received into the record
    (R.7).
    Petitioner owns
    and operates
    a facility
    in Joliet which
    manufactures
    a variety of phosphate products using
    four phos-
    phoric acid production
    lines constructed between 1948 and
    1954.
    Each production
    line consists
    of four digestor tanks,
    one of which has
    no cooling capabilities and
    is independently
    mixed, and one rock slurry tank.
    Particulate emissions from
    these twenty tanks are presently uncontrolled and emitted to
    the atmosphere through twenty stacks.
    Stack tests upon the
    aggregate of emissions from the twenty stacks indicate particu-
    late emission rates of 140 lbs./hr. and 433 tons/yr.; Rule
    203(a)
    of the Board’s Air Pollution Control Regulations limit
    such rates
    to 46.6
    lbs./hr. and 144 tons/yr.
    Petitioner’s facilites also contain four tripolyphosphate
    drying kilns, two each housed in separate buildings
    “A” and
    “B”,
    which were constructed between 1948 and 1954.
    All par—
    ticulate emissions are presently exhausted to separate low
    efficiency cyclones and water scrubbers.
    Stack tests upon
    the aggregate of emissions from kilns in building A indicate
    rates
    of 33.5
    lbs./hr. and 76.2 tons/yr.; Rule 203(a)
    limits
    such rates to 13.2 lbs./hr. and 34.4 tons/yr.
    Stack tests
    36—99

    —2—
    upon the aggregate of emissions
    from kilns
    in building B indi-
    cate rates of 36.6
    lbs./hr. and 115,3 tons/yr.; Rule 203(a)
    limits such rates
    to 13.2 lbs./hr. and 41.6 tons/yr.
    The Agency has determined that control
    of such aggregated
    sources
    will, reduce ambient concentrations
    of total suspended
    particulates
    in
    the
    Joliet
    area,
    which
    is
    designated
    nonattain—
    mont
    for total suspended particulates, by approximately 404.5
    tons/hr.
    Petitioner had expected to achieve compliance with
    Rule 203(a) by August,
    1979; the Agency therefore excused
    Petitioner from submitting monitoring or modeling data regar-
    ding ambient air quality violations.
    One
    of those facts
    set forth
    in the Stipulation
    is that
    Petitioner and the Agency have agreed upon the issues of
    aggregation of sources and emission standards applicable to
    Petitioner’s phosphoric acid and sodium tripolyphosphate
    (STPP)
    facilities
    in Joliet
    (Petition, Ex.A).
    Another of
    those facts
    is that
    at the time the Board’s Air Pollution
    Control Regulations were enacted, Petitioner was
    in violation
    of Rule 203(b) due to the fact that Petitioner’s phosphoric
    acid plant and STTP facilities were not then considered aggre-
    gated although they were properly aggregable
    (Stipulation,
    Par. 5).
    In such circumstances where either no variance had been
    granted from compliance with Rule 203(b) or construction or
    modifications sufficient to achieve compliance with Rule 203(b)
    has not occurred before the effective date of Part
    2
    of the
    Air Pollution Control Regulations, Rule 203(c)
    specifies that
    Rule 203(a)
    shall apply to existing process sources rather
    than Rule 203(b).
    Petitioner, although having been granted
    operating permits
    in 1973 and 1974
    (treating the sources here-
    in
    as individual existing ones), had neither been granted a
    variance from Rule 203(b) by the Board nor begun construction
    or modification to comply with Rule 203(b) on the date the
    regulations became effective,
    e.g., December 31,
    1973
    (Agency
    alleges April
    14,
    1972).
    (See Air Pollution Control Regula-
    tions, Rule 208.)
    The Board thus finds that Rule 203(a)
    applies and not Rule 203(b).
    In Union Carbide
    v.
    EPA, PCB 73-13
    (November
    8,
    1973),
    the Board expressed
    its policy of determining on a case by
    case basis whether sources should be aggregated.
    The parties
    stipulate that Petitioner’s four phosphoric acid plant
    lines
    and four kilns A
    (North and South) and B (North and South) are
    single emission sources for aggregation
    (Stipulation,
    Pars.
    7,
    9 and 10).
    The Board
    finds that these sources are single
    emission sources regardless of whether they are aggregable
    and that any loss of plant efficiency due to aggregation is
    irrelevant to whether the sources are to be considered single
    emission sources.
    36—100

    —3—
    Petitioner seeks
    a variance in order to aggregate both
    the four phosphoric acid production lines and four STTP kilns.
    Technology exists to aggregate the kilns within each building
    but not to aggregate buildings
    A and B, which are over 300
    feet apart
    (Recommendation, Par.7).
    Petitioner has agreed to
    complete by August
    3,
    1979 the installation of Venturi scrub—
    bers and of high efficiency hot cyclones with allied support
    equipment (Recommendation,
    Pars.
    10 and 11).
    The Board finds
    that denial of the proposed variance would constitute an arbi-
    trary and unreasonable hardship on petitioner considering the
    low level
    of environmental harm and Petitioner’s good faith
    efforts
    in the past.
    Any such variance, however,
    is condi-
    tioned in its effect upon the Agency’s submitting same to the
    U.S.
    Environmental Protection Agency as an amendment to the
    SIP See PPG Industries,
    Inc.
    v.EPA,
    PCB 78—210,
    (3/15/79).)
    The Agency intends
    to so submit the variance
    (Recommendation,
    Par.
    14).
    This Opinion constitutes the findings
    of fact and conclu-
    sions of law of the Board
    in this matter.
    ORDER
    It
    is the Order of the Illinois Pollution Control Board
    that Olin Corporation
    (Joliet)
    is hereby granted a variance
    from Rule 203(a)
    and
    (c)
    of Chapter 2:
    Air Pollution Control
    Regulations
    for a period of
    six months from the date of this
    Order,
    subject to the following conditions:
    1)
    Petitioner
    is ordered
    to submit to the Agency within
    six months of the date of this Order a certification of
    compliance with Rule 203(a), with Section
    111.
    of the
    Clean Air Act, and with Section 9.1 of the Environmental
    Protection Act.
    2)
    Petitioner
    is hereby notified that its noncompliance with
    the provisions of this variance may subject
    it to civil
    penalties pursuant to Section 120 of the Clean Air Act.
    3)
    Within 45 days of the adoption of this Order, the Olin
    Corporation
    (Joliet) shall execute and forward to the
    Illinois Environmental Protection Agency,
    2200 Churchill
    Road,
    Springfield, Illinois
    62706 a Certification of
    Acceptance and Agreement to be bound to all terms and
    conditions of this Order.
    The 45 day period shall be
    held
    in abeyance during any period this matter
    is being
    appealed.
    The form of said certification shall
    he
    as
    follows:
    36—10 1

    —4—
    CERTIFICATION
    I
    (We),
    ___
    ____
    ___
    ,
    having read and fully
    understanding the Order of the Illinois Pollution Control Board
    in PCB 79-29, hereby accept said Order and agree
    to be bound
    by all of the terms and conditions thereof.
    SIGNED
    ________________________
    TITLE
    -
    DATE
    ______
    ___________________
    4)
    The Agency
    is authorized to submit this variance to the
    U.S. Environmental Protection Agency as an amendment to
    the SIP under Section 110(a)(3)
    of the Clean Air Act.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control
    Board,
    ho e4y certify the above Opinion and Order were
    adopte~3on the
    /
    day of
    ______________,
    1979 by a vote
    of
    ‘4~-O
    Christan L. Moffet~j~lerk
    Illinois Pollution Control Board
    36—102

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