ILLINOIS POLLUTION CONTROL BOARD
December 14,
1978
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
)
PCB 78—41
CARGILL,
INC.,
a Delaware corporation,
Respondent.
MS. JUDITH
S. GOODIE, ASSISTANT ATTORNEY GENERAL, APPEARED
ON
BEHALF
OF
THE
COMPLAINANT.
PEDERSEN
&
HOUPT,
ATTORNEYS
AT
LAW
(MR.
THEODORE
E.
CORNELL
III,
OF
COUNSEL),
APPEARED
ON
BEHALF
OF
THE
RESPONDENT.
OPINION
AND ORDER OF
THE
BOARD
(by Mr. Werner):
This matter comes before the Board on the February
8,
1978
Complaint brought by the Illinois Environmental Protection Agency
(“Agency”).
Count
I of the Complaint alleged that the Respondent,
by the operation of its resin Processing plant, caused or allowed
the discharge of odors into the environment which unreasonably
interfered with the enjoyment of life and property in violation of
Section 9(a)
of the Illinois Environmental Protection Act
(“Act”)
from December,
1976 until February
8,
1978.
Count
II of the
Complaint alleged that, during
an unknown period of
time prior to
December,
1976,
the Respondent caused or allowed the construction
of a reactor in which raw materials are cooked
(known as K6)
,
a
mixing tank
(known as M9)
and two polyester resin storage tanks
without having applied for or obtained
a Construction Permit from
the Agency
in violation of Rule 103(a)
of Chapter
2:
Air Pollution
Control Regulations.
Count
III of the Complaint alleged that,
from
December,
1976 until February
8,
1978,
the Respondent caused or
allowed the operation of reactor K6, mixing tank M9, and two
polyester resin storage tanks without having applied for or
received an Operating Permit from the Agency
in violation of Rule
103(b)
of the Board~sAir Pollution Control Regulations.
On
April
11,
1978,
the Respondent filed an Application for
Nondisclosure as to Certain Answers Contained in Answers and
Objections to Complainant~s Interrogatories
to Respondent Cargill,
Inc.
-
First Set which pertained to confidential information
in
32-247
—2--
the answers to interrogatory numbers
5,
6,
7,
9,
10,
31, and 32
that constituted trade secrets, secret manufacturing processes,
and confidential data which would cause injury to the business of
Respondent
if disclosed to competitors.
On April
14,
1978, the
Complainant filed a Response to Respondent’s Application for
Nondisclosure requesting
that the grant of Cargill’s Application
for Nondisclosure be subject to certain conditions.
On April 27,
1978,
the Board granted Cargill’s Application for Nondisclosure
subject to various conditions.
On May 4,
1978, the Agency
filed
a Motion for Leave
to File Amendment to Complaint Instanter and an
Amendment to Complaint.
On May
11,
1978, the Board granted the
Agency’s request
for leave to file an amendment to its Complaint,
but ordered the Agency to file a complete Amended Complaint within
14 days.
On May 22,
1978,
the Agency filed a complete Amended
Complaint which characterized an expanded list of equipment as
emission sources capable of emitting organic vapors and odors
(see:
paragraph
8
&
9 of Count
II of the Amended Complaint)
and
alleged
the
operation of additional items of equipment without
the necessary Agency permits
(see:
paragraph
9 of Count III of
the
Amended Complaint).
Additionally,
on May 17,
1978, Cargill,
Inc.
filed a Motion for Protective Order seeking to protect confidential
information from public disclosure during the discovery and hearing
stages of this case.
On May 24,
1978,
the Agency filed its
Response to the Motion for Protective Order.
On July
6, 1978,
the
Board extended the protection granted by its April
27,
1978 Order
to the discovery and hearing processes in this matter.
After
various other preliminary motions were filed,
the parties filed a
Joint Motion for Continuance on August 16,
1978.
On August
24,
1978,
the Board granted the Joint Motion for Continuance of the
hearing in this matter to allow the parties time to work out the
details of a proposed settlement.
A hearing was held on
November
3, 1978.
The parties also filed a Stipulation and
Proposal for Settlement on November
3,
1978.
The Respondent,
Cargill,
Inc.
(“Cargill”)
,
is a Delaware
corporation authorized
to do business in Illinois.
Cargill’s
Chemical Products Division operates a resin manufacturing plant
(the “plant”)
at Cottage Avenue and Lake Marian Road in
Carpentersville, Kane County,
Illinois.
The plant
is located
in
an area which
is zoned for and contains manufacturing facilities.
These facilities include:
(1)
a second resin processing plant
which
is located immediately adjacent to, but
is unaffiliated
with, Cargill,
(2)
a ready mix cement plant,
(3)
a paint manu-
facturing plant, and
(4)
a newspaper printing plant.
Both the
resin plant and the paint plant utilize some chemicals which are
similar or identical
to those utilized by Cargill.
(Stipulation,
p.
3).
The industrial area described
is bounded on the north and
west by the Fox River,
and,
on the south, by a residential neigh-
borhood of older single family homes known as Old Carpentersville.
32—248
—3—
Other residential areas lie
to the south, east, and west of the
industrial
area.
Immediately to the southeast of Old Carpenters-
yule
is another manufacturing area which contains a sewage treat-
ment plant and two manufacturing plants.
These manufacturing
plants utilize some chemicals which are similar or identical
to
those utilized by Cargill.
The manufacturing plants have been the
subject of odor complaints.
(Stipulation,
p.
3).
The Respondent’s plant operates 24 hours
a day, Monday
through Friday,
and occasionally on Saturday.
The plant produces
polyester resins and alkyds,
amino, copolymer,
powder,
silicon,
urethane and ultraviolet resins.
These products are used as the
basic components of protective coatings.
Applications include
coatings
for automotive parts,
bicycles, printing inks,
appliances,
aircraft,
trucks, prefinished siding,
cookware, wood finishes,
paper products, house paint and varnishes,
sporting equipment,
boats and several hundred others.
Raw materials used
in the
production of these resins include phthalic anhydride, maleic
anhydride,
propylene glycol,
styrene, mineral spirits, glycols,
soya, benzoic acid, adipic acid,
isophthalic acid,
isobutyl alcohol,
triethanol amine,
para formaldehyde,
urea, oxalic acid, vinyl
toluene, methyl methacrylate, acrylic acid,
hexyethacrylate, and
ethoxyethacrylate.
Of the above-listed materials,
the first four
are components of polyester resins.
(Stipulation,
p.
3-4).
Raw
materials,
after being held in storage tanks,
are pumped to
reactors K1—6 where they are reacted to form the basic resins,
which are then transferred to mix tanks Ml-9 for adjustment with
additional raw materials.
The six reactors and nine mix tanks
are located in the processing building.
Some resin products are
then placed
in drums or stored
in bulk tanks for later shipments
via tank trucks.
Since January,
1977, other resin products,
including polyester resins, have been transferred to storage tanks
and then to a second series of mix tanks for further adjustment
before drumming or bulk shipping.
(Stipulation,
p.
4).
Cargill has operated its facility
in Carpentersville since
1966.
The plant presently employs
89 people, and
in 1977 had a
payroll of $981,927.00
.
In 1977, Cargill paid $16,356.80 in
local real estate taxes and $11,155.70
in state personal property
taxes.
There are a number of emission control devices in use at
the Cargill plant at the present time.
Three primary fume
scrubbers have been installed at a cost of $20,000.00 each and
require $50.00 per day each
in operating expenses.
One such
scrubber was installed
in 1969,
and the other two in 1977.
In
1976,
a secondary oxidizing fume scrubber was connected to the
three primary fume scrubbers,
as well as the M9 condenser, vacuum
pumps, HT-l,
and acid tank.
This scrubber was installed at the
price of $30,000.00 and its operating costs are $100.00 per day.
:32 —249
—4—
In addition, condensers have been installed on Kl—6 and M1-9 from
1969 to 1977.
The total cost of these condensers was $51,000.00
and their operating costs are $150.00 daily.
(Stipulation,
p.
4-5).
In 1973, Cargill submitted to the Agency an application for a
permit to construct additional equipment at the plant for the
production of polyester and other products,
and to construct
certain additional storage tanks, mix tanks and drumming tanks
for
polyester products.
A Construction Permit for the equipment and
emission controls included in that application was granted by the
Agency in March of
1974.
(Stipulation,
p.
5)
.
Several months
after the permit was granted, Cargill instituted several changes
in the design of the equipment and emission control devices.
These
changes wereinstituted without submitting appropriate permit
applications to the Agency.
Cargill contends that the failure to
seek modification of its permits was done through inadvertence.
(Stipulation,
p.
6).
As a result of this inadvertence, the actual
equipment and emission controls installed did not correspond
exactly
to the Construction Permit,
in that:
(1)
A new 8,000
gallon resin reactor known as K6 was built in the existing process-
ing building.
The production rate of K6 as built more than
doubled the stated ~roduction
rate of the reactor described in the
Construction Permit application and identified therein as K5;
(2) A new 17,000 gallon mix tank for the blending of resins known
as M9 was built in the existing processing building.
The mix tank
described in the Construction Permit application,
and identified
therein as M5, had a capacity of 12,000 gallons;
(3) Five new
20,000 gallon polyester storage tanks were installed
in a new
polyester building.
The Construction Permit called for three new
15,000 gallon polyester storage tanks;
(4)
Four 6,000 gallon
polyester mix tanks were installed
in the polyester building.
The
Construction Permit called for three such mix tanks.
(5)
Four new
1,500 gallon drumming tanks were installed
in the polyester
building.
The Construction Permit called for two 2,000 gallon
polyester drumming tanks.
Of the four drumming tanks actually
built, one is used for polyester resin;
(6) Without applying for
a Construction Permit, Cargill installed a secondary oxidizing
fume scrubber using permanganate at the processing building and
connected this scrubber to the primary fume scrubbers controlling
emissions from five reactors,
as well
as the condenser on mix tank
M9, certain vacuum pumps, mix tank HT—l,
and an acid tank;
and
(7) The Construction Permit called for the construction of shell
and tube condensers on each of the polyester mix tanks
in the
polyester building,
for the stated purpose of condensing styrene
vapors.
No such condensers were built,
However,
the polyester
mix tanks,
the polyester storage tanks, and the drumming tanks
are controlled by conservation tubes
set at 1/2 ounce p.s.i.g.
through which the tanks vent to the atmosphere.
(Stipulation,
p.
6—7)
32—25()
—5—
It is stipulated that at some time after March, 1974, Cargill
caused the construction
of reactor K6, mix tank M9,
a primary
scrubber,
a condenser, two polyester storage tanks,
one polyester
mix tank,
two drumming tanks and a secondary oxidizing scrubber
without having obtained a Construction Permit for the equipment
from the Agency,
in violation of Rule 103(a)
of the Board’s Air
Pollution Control Regulations and in violation of Section 9(b)
of
the Act.
(Stipulation,
p.
7-8).
It
is also stipulated that,
beginning
in January,
1977 and continuing until the present time,
Cargill caused the operation of reactor K6, mix tank M9,
a primary
scrubber,
a condenser,
five polyester storage tanks,
four polyester
mix tanks,
four drumming tanks and a secondary oxidizing scrubber
without having obtained an Operating Permit for the equipment from
the Agency
in violation of Rule 103(h)
of the Chapter
2:
Air
Pollution Control Regulations and
in violation of
Section 9(b)
of
the Act.
(Stipulation,
p.
8)
The Agency represents that,
if
a full hearing were held
in
this matter,
it would offer testimony of approximately twenty
residents of Carpentersville and Dundee,
Illinois.
These witnesses
would testify,
in substance,
that since
on or about January,
1977
and continuing to the date of such hearing,
a specific offensive
odor was experienced periodically
in and around Carpentersville
which was associated with physical discomfort and which interrupted
sleep and outdoor activities.
Several witnesses would attribute
said odor to the Cargill plant.
(Stipulation,
p.
8).
The Agency
contends that organic vapors and odors from the plant, particularly
from the production and storage of polyester resin, have been
emitted
into the atmosphere several times per week since January,
1977
in such quantities and of such characteristics and duration
as
to be injurious
to human health and to unreasonably interfere
with the enjoyment of life and property of residents of Carpenters-
yule
and other nearby communities,
in violation of Section
9(a)
of the Act.
(Stipulation,
p.
9).
Cargill represents that,
if a full hearing were held in this
matter,
it would offer testimony of approximately
13 residents of
Carpentersville and Dundee, Illinois.
These witnesses reside
in
the same neighborhoods as the Agency’s witnesses.
The witnesses
from Carpentersville would testify,
in substance,
that they have
on occasion noticed an odor from an unknown source which did not
bother
them.
The witnesses from Dundee would testify that they
have not noticed odors.
(Stipulation, p.
9).
Cargill specifically
denies that organic vapors and odors from the plant have been
emitted into the atmosphere since January,
1977 in such quantities
and of such characteristics and duration
so as to be injurious to
human health and to unreasonably interfere with the enjoyment of
life and property of residents
of Carpentersville and other nearby
32—251
—6—
communities,
in violation of Section 9(a)
of the Act.
(Stipulation,
p.
9-10).
The proposed settlement agreement provides that Cargill will:
(1) authorize its consulting engineer to design a catalytic
incinerator system for installation on the outlet of the existing
secondary fume oxidizing scrubber at the plant.
The capacity of
the incinerator system will be sufficient to accommodate,
in
addition to the scrubber outlet,
a vent collection system for the
tank vents
on the polyester building and other equipment vents;
(2) promptly submit applications to the Agency for all required
Construction Permits for the incinerator system
(The Agency has
agreed to expedite processing
of these applications);
(3)
install the incinerator system within eight months after
the issuance of the required Construction Permits;
(4) continue design work on a program for installing carbon
adsorption units
at the outlet of vents on five polyester storage
tanks,
four polyester mix tanks
(PEMs)
,
one polyester drumming tank,
and one sytrene storage tank;
(5) submit applications
to the Agency for all required
Construction Permits for the carbon adsorption units on or before
October
1,
l978.*
The Agency will expedite processing of these
permit applications.
Cargill will complete the installation of
the carbon adsorption units within 30 days after the issuance of
the required Construction Permits;
(6) conduct an odor survey of the incinerator and of the
carbon adsorption units described above within
30 days of the
completion of the incinerator installation.
Cargill will notify
the Agency at least seven days
in advance of, and Agency personnel
wiLl be permitted to observe,
all odor survey procedures and
results;
(7) submit applications to the Agency for all required
*The record reveals that all the requisite applications have now
been received by the Agency and that most of the Construction
Permits have already been issued.
(Record,
p.
3—5)
32—252
—7—
Operating Permits not previously granted for odor emission
sources and odor emission controls at the plant within
30 days
after the installation and testing of the emission controls.
These applications will
include a program for the regular main-
tenance of all the sources and controls and for keeping records of
such maintenance;
(8)
complete all odor control measures and permit application
submittals provided for
in the terms of proposed settlement on or
before December
31,
1979
(subject to provisions for extensions of
time which are detailed
in the Stipulation);
(9)
submit monthly progress reports
to the Agency; and
(10)
pay a stipulated penalty of $10,000.00 for the permit
violations.
(Stipulation,
p.
10—13)
The parties have also stipulated that the catalytic incinera-
tor system for installation on the outlet of the existing secondary
fume oxidizing scrubber at the plant represents state—of-the—art
technology for the control of odors.
The odor emission control
measures provided for in the settlement proposal represent
a
substantial cost to Cargill and have been arrived at through the
research and design work of Cargill’s consulting engineers.
The
parties further agree that the measures proposed are likely to
reduce,
and possibly eliminate,
the odors complained of
in this
proceeding.
it
is recognized,
however, that the control of odors
is not a precise and totally quantifiable
science, and that the
Agency,
in entering this agreement,
does not waive any rights or
duties assigned to it under
the Act.
(Stipulation,
p.
13-14).
In evaluating this enforcement action and proposed settle-
ment,
the Board has taken into consideration all the facts and
circumstances
in light of the specific criteria delineated in
Section
33(c)
of the Act.
Incinerator,
Inc.
v.
Illinois
Pollution Control Board,
59
Ill.
2d 290,
319 N.E.
2d 794
(1974).
Accordingly,
the Board accepts the Stipulation and Proposal for
Settlement and finds that Cargill,
Inc.
has violated Rule 103(a)
and Rule 103(b)
of Chapter
2:
Air Pollution Control Regulations
and Section 9(b)
of the Illinois Environmental Protection Act.
The Board imposes the stipulated penalty of $10,000.00
This Opinion constitutes the Board’s findings of fact and
conclusions of
law in this matter.
ORDER
It
is the Order of the Illinois Pollution Control Board that:
32—253
--8—
1.
Cargill,
Inc. has violated Rule 103(a)
and Rule 103(b)
of
Chapter
2:
Air Pollution Control Regulations and Section
9(b)
of
the Illinois Environmental Protection Act.
2.
Within
30 days of the date of this Order, Cargill,
Inc.
shall pay the stipulated penalty of $10,000.00
,
payment to be
made by certified check or money order to:
State
of
Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield,
Illinois
62706
3.
Cargill,
Inc.
shall comply with all the terms and
conditions of the Stipulation and Proposal for Settlement
filed
November
3,
1978, which
is incorporated
by
reference
as
if
fully
set forth herein.
4.
All other allegations of ~‘iolations are hereby dismissed.
I, Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board,
hereby certify th
above Opinion and Order were
adopted on the
/~/‘.“
day of
________________,
1978 by
a
vote of
~
.
Christan L. Moffet
Illinois Pollution control Board
32—254