ILLINOIS POLLUTION CONTROL BOARD
November 30, 1978
OLIN CORPORATION,
Petitioner,
v.
)
PCB 78—242
ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
PATRICK 0. BOYLE, ESQ., ATTORNEY AT LAW, APPEARED ON BEHALF OF
THE PETITIONER.
REED W. NEUMAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by Dr. Satchell):
This matter comes before the Board upon a variance petition
filed by Olin Corporation on September
1,
1978 requesting relief
from Rules
104,
203(e)
and 206(b)
of the Chapter
2:
Air Pollution
Control Regulations for a period of five years.
The Environmental
Protection Agency
(Agency)
filed
a recommendation on October
5,
1978.
The Agency in recommending a grant of the variance also
notes that a variance from Rule 103(b)
of Chapter
2
is necessary.
A hearing in this matter was held on November
2,
1978.
Olin manufactures explosive products and operates
a pyro-
technic destructor incinerator
(destructor)
and a retort
destructor incinerator
(retort)
in Williamson County,
near Marion,
Illinois.
Olin has been operating under a series of variances
since January 1,
1974.
The latest in this series was PCB 76—213,
24 PCB 339
(1976)
granting Olin variance until December
6,
1978.
Petitioner uses the incinerators
to burn explosives
or
explosive contaminated wastes and is unable to achieve compliance
because both the destructor and retort require
a large amount of
excess combustion air to properly incinerate explosive wastes
without resulting in an explosion.
This firing method results
in very little carbon dioxide in the source’s emissions, but when
the emissions are corrected to twelve per cent carbon dioxide,
the emissions are apparently
in excess of the allowable rates for
particulates, and when the carbon monoxide emission rate is
corrected to fifty per cent excess air the emission level
is in
excess of the allowable limits for carbon monoxide.
During the period of the last variance, PCB 76—213,
both the
destructor and the retort were operated below the maximum firing
32—169
—7—
rates allowed in the conditions of that variance.
Condition
4
of that variance, requiring that the retort be operated no more
than two hours
in any one week, apparently was not met.
The
Agency states that this condition
is not critical because the
actual amount of waste destroyed in the retort during a year’s
time
is below the allowed amount of 52,000 pounds.
The other
conditions of the variance were apparently met.
Petitioner has filed a proposal for a site specific rule
change
(R 78—9)
to exempt the two sources from the provisions
of Rules 103(b),
104,
203(e)
and 206(b)
of Chapter
2.
The
Agency is not presently aware of any control technology that
would bring the two sources into compliance with the required
standards.
No objections
to the variance had been received
by the Agency at the time of the filing of the recommendation.
Dispersion estimates of the contaminants from each incin-
erator have been made
(Pet.
Ex.
4 at 7).
These estimates indi-
cate maximum concentrations under worst climactic conditions
with a
5 m.p.h. wind will occur approximately 0.3 mile down-
wind from the stack.
Maximum carbon monoxide concentration
is
estimated to be 0.82
ppm.
National ambient air quality standards
permit an
8 hour concentration of
9 ppm and an one hour concen-
tration of 35 ppm.
Maximum particulate concentration 0.3 mile
downwind is estimated to be
25 micrograms per cubic meter and
maximum concentration 0.6 mile downwind from the stack is
estimated to be less than
10 micrograms per cubic meter.
National primary air standards
permit an annual geometric mean
of
75 micrograms per cubic meter and a 24 hour concentration of
260 micrograms per cubic meter not to be exceeded more than
once per year.
Secondary ambient air quality standards for
particulate matter are an annual geometric mean of 60 micrograms
per cubic meter with a maximum 24 hour concentration of 150
micrograms.
The incinerators are located in
a strip mine spoil
bank area with the nearest dwelling approximately 0.4 mile from
the stack.
The stack is
located approximately two and three-
fourths milCO from the Marion air monitoring
station.
Because
of the location and estimated dispersion pattern, Petitioner
believes that operation of these incinerators will not prevent
attainment of national ambient air quality standards or cause
any harm to the public.
Olin does have an Episode Action Plan
which will be followed when notified of an air pollution epi-
sode.
The Agency reports that Williamson County does not meet
secondary National Ambient Air Standards for particulates and
cannot presently be classified for carbon monoxide.
32—170
—3—
The Agency does recommend the grant of the variance to
July
1,
1979 or until
the Board adopts certain rule changes.
The Board does find that Petitioner would suffer an arbitrary
and unreasonable hardship if denied this variance.
Petitioner’s
research has shown no better available technology
(Pet.
Ex.
4
at 4).
The Agency does not dispute this.
If the Board adopts
the proposed regulation, R 78—9, Petition will be in compliance.
This variance will be granted with conditions to meet the re-
quirements
of a delayed compliance order under the Clean Air
Act.
The Board notes that since Olin is not a major
source
(emissions over 100 tons per year)
no warning of possible
liability
for non-compliance penalties
is necessary.
This
variance will be granted to July
1, 1979 or the adoption by the
Board of the site specific regulation, R 78—9, whichever occurs
first.
Considering that the economic impact study has not been
completed, and after receipt of the study all the legal time
requirements for notice and public comment required by the
Environmental Protection Act,
the Board’s Procedural Rules
and the Illinois Administrative Procedures Act, the Board notes
it
is highly unlikely that the regulatory proceeding, R 78-9,
will be completed by July
1,
1979.
However, the constraints
of the Federal Clean Air Act give the Board no alternative
concerning the July
1, 1979 termination of the variance.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
It is the Order of the Pollution Control Board that Olin
Corporation is granted a variance from Rules 103(b),
104,
203(e),
and 206(b) of the Chapter 2:
Air Pollution Control Regulations
for its pyrotechnic destructor incinerator and its retort
destructor incinerator located in Williamson County,
Illinois
until the adoption of the site specific rule change R 78-9 or
until July
1, 1979, whichever occurs sooner, subject to the
following conditions:
1.
That the Petitioner shall not operate its pyrotechnic
destructor at
a rate exceeding 400 pounds of scrap per
hour, nor its retort incinerator at a rate of more than
500 pounds per hour.
2.
Petitioner shall report monthly to the Agency the
quantity of explosive wastes disposed of and the date
and time of disposal.
32— 17 1
—4—
3.
Olin shall, within forty—fiv~ (45)
days of the date
of this Order, execute and send to John D.
Williams,
Technical Advisor, Enforcement Programs, Illinois
Environmental Protection Agency, 2200 Churchill Road,
Springfield, Illinois
62706, a Certification of
Acceptance of this Variance by which it agrees to be
bound by its terms and conditions.
This forty-five
(45) day period shall be held in abeyance for any
period in which this matter
is appealed.
The form
of said Certification shall be as follows:
CERTIFICATION
I
(We), ___________________________,
having read and fully
understanding the Order of the Illinois Pollution Control Board
in PCB 78-242 hereby accept the said Order and agree to be bound
by all terms and conditions thereof.
TITLE
DATE
I, Christan
L. Moffett,
Clerk of the Illinois Pollution
Control Board,
hereby certify the above Opinion and Order were
adopted on the
.3c~
day of
~
,
1978 by a vote
of
________
Christan L. Mof’~A, Clerk
Illinois Pollution Control Board
32—172