ILLINOIS POLLUTION CONTROL BOARD

March 15,

1989

SHELL OIL COMPANY,

Petitioner,

v.

)

 PCB 89—52

ILLINOIS ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

OPINION

AND

ORDER

THE

BOARD

(by

J.

Marlin):

This matter comes before the Board upon

 a March

15,

1989

Illinois Environmental Protection Agency (“Agency”),

Recommendation

 that the Board grant an extension

 to the

provisional variance granted

 to the Shell Oil Company

 (“Shell”)

from 35

 Ill.

 AdIIi.

 Code 214.382(b)

 in PCB 89—43.

 Shell originally

requested

 a variance

 to allow time

 to do necessary repairs on the

Shell Claus Off—gas Treater

 (“SCOT”) unit of its Sulfur Recovery

System.

 According

 to the Agency, delays caused by inclement

weather and the increased scope of work

 found after

 the unit was

shut down prevented the completion of the work by Shell during

the initial 45—day provisional variance period.

Shell operates

 a refinery complex

 in Wood River Township,

Madison County,

 Illinois.

 The Shell refinery includes

 a Sulfer

Recovery System with the Shell Claus Off—gas Treater

 (“SCOT”)

Unit.

 The SCOT unit reduces the sulfur compounds

 in the tail—

gases to H2S with hydrogen, heat and catalyst.

 The converted H2S

is recyclea back

 to the claus units

 for conversion

 to sulfer.

The treated tail—gas from SCOT

 is then

 incinerated prior

to

exhaust

 to the atmosphere via a stack.

 These emissions are

limited

 by 35

 Ill.

 Adm.

 Code 214.382(b)

 to 1,000 ppm of sulfer

dioxide

 (SO2).

 The Sulfer Recovery Units/SCOT are presently

operated pursuant

 to an operating permit, Application No.

79090040, with an expiration date of June

31,

 1989.

The SCOT unit required

 a shut—down to allow necessary

repairs to be performed.

 With the reduction

 in other SO2

producing

 operations,, Shell will reduce total SO2 emissions by 5

of the total permitted SO2 emissions of its Wood River complex.

Accordingly,

 the Agency states that it believes

 that there should

not

 be any environmental

 impact from the shutdown of the SCOT

unit.

 Compliance with

35

 Ill.

 Adm. Code 214.382(b)

 would require

shutdown of the refinery during the repairs of the SCOT unit.

This would cause

 an economic loss to Shell

 in excess

 of $600,000

97—165

—2—

per day.

 Thus,

 the Agency states that shutdown of the refinery

would cause an arbitrary and unreasonable hardship on Shell.

Shell has

 a definite compliance plan.

 The necessary repairs

to the SCOT unit will be done during the

 13 day period of the

extension of the provisional variance.

 While the SCOT unit

is

shutdown,

 the rest of the refinery will limit SO2 emissions to

95

 of Shell’s permitted level.

 There

 is no

 reasonable

alternative

 for compliance and according to the Agency that the

reduction of emissions from other

 SO2 emission sources will

minimize any possible adverse

 impacts.

The Board having

 received notification from the Agency that

compliance on

 a short term basis with the petroleum and petro

chemical processes limitations imposed by 35

 Ill. Mm.

 Code

214.382(b) would

 impose an arbitrary or unreasonable hardship

upon Shell, and

 the Board concurring

 in that notification, hereby

grants provisional variance,

 subject to

the

conditions suggested

by the Agency.

This Opinion constitutes

 the Board’s findings of fact and

conclusions of law in this matter.

ORDER

Shell

 Oil Company

 is hereby granted

 a provisional variance

from the requirements of 35

 Ill.

 Adm. Code 214.382(b)

 for the

Shell

 Claus Off—gas Treater (SCOT) Unit at its Wood River

Manufacturing Complex

 from March

4,

 1989 until March 17,

 1989,

subject to the following conditions:

1.

 During

 the period of the provisional variance,

 the total

emissions of sulfur dioxide

 from the facility shall not

exceed

 9,863

lbs/hr.

2.

 Within three

 (3) days of the end

 of each calendar week,

from the date

 the provisional variance

 is granted,

the

petitioner

 shall submit

 a written report to the Agency

providing the emissions of sulfur dioxide

 from the

refinery complex for each day

 in tons per day and pounds

per hour.

3.

 The weekly report shall

 also contain

 a summary of the

maintenance that was performed on the unit during

the

subject calendar week.

4.

 The weekly report shall be submitted

to:

Regional

Manager

State of Illinois EPA

—

 DAPC

2009 Mall Street

Collinsville,

 Illinois

62234

97—166

—3—

5.

If

 the levels of ambient concentrations of sulfur

dioxide, based

 on the Agency’s ambient air monitors

located

 in South Roxana or Wood Rover, begin

 to indicate

that an excursion of the NAAQS of 0.14 ppm

 (24 hours

average)

 is possible, the petitioner

 shall

 implement

measures

 to reduce sulfur dioxide emissions

 from the

refinery complex.

 The measures may include,

 but not be

limited to, reducing crude feed

 rates to the refinery or

switching to low sulfur

 fuels.

 The Agency will notify

the petitioner by the fastest means available upon

occurrence of these levels.

 Local wind speed

and

direction will be considered

 in the determination if

notification

 to petitioner

 is appropriate.

Within

 ten days of the date of this Order,

 Petitioner shall

execute and

 forward

 to James J. O’Donnell,

 Enforcement Programs,

Illinois Environmental Protection Agency,

 2200 Churchill Road,

P.

0.

 Box 19276, Springfield,

 Illinois

 62794—9276,

 a Certification

of Acceptance and Agreement

 to be bound

 to all terms

and

conditions of this variance.

 Failure

 to execute and

 forward the

Certificate within

 10 days renders this variance void and of no

force and

 effect as a shield against enforcement of rules from

which variance was granted.

 The form of said Certification shall

be as follows:

CERTIFICATION

I,

 (We), _____________________________, having read the

Order

 of the Illinois Pollution Control Board,

 in PCB 89-52,

dated March

15,

 1989, 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

97—167

—4—

Section

4.

 of the Environmental Protection Act,

 Ill.

 Rev.

Stat.

 1987 ch.

 111 1/2 par.

 1041, provides for appeal of Final

Orders of the Board within 35 days.

 The Rules of the Supreme

Court of

 Illinois establish filing requirements.

IT

 IS SO ORDERED.

I, Dorothy M.

 Gunn, Clerk of the Illinois Pollution Control

Board,

hereby

certify

that

the

above

Opinion

and

Order

was

adopted on the

/~5~

day

______________,

1989,

vote

of

~

Dorothy M./~nn, Clerk

Illinois P~lutionControl Board

97—163