ILLINOIS POLLUTION CONTROL BOARD
    June
    22, 1978
    UNION CARBIDE CORPORZ~TION,
    Petitioner,
    v.
    )
    PCB 78-21
    ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Goodman):
    On January
    31,
    1978 Union Carbide Corporation (Carbide)
    filed
    a Petition for Review of Permit Denial alleging that the Illinois
    Environmental Protection Agency
    (Agency) wrongfully denied its
    operating permit application foi certain operations
    at its
    Robinson,
    Illinois facility.
    A hearing was held in this matter on
    April
    13,
    1978.
    There were no citizen testimony at the hearing,
    and the Board has received no public comment on this matter.
    A
    Stipulation of Fact has been filed before the Board.
    Carbide pro-
    duces calcined petroleum coke which
    is used in the manufacture of
    carbon and graphite electrodes for furnaces and lighting devices,
    brushes for electric motors and generators,
    etc.
    The calcined
    coke
    is produced by heating raw petroleum coke under controlled
    conditions,
    driving off volatile hydrocarbons and water along
    with some entrained coke particles,
    After heating to approximately
    1400°C,the resultant incandescent
    coke is quenched by spraying
    water directly onto the coke, which not only cools
    the coke but
    prevents the formation of surface oxydation.
    Quenching results in
    a stream of vaporized water and entrained calcined coke particles.
    Carbide designed and installed thermal combustion and
    settling chambers at a cost of $2.7 million in order to comply
    with the limitations of Rule 203(a)
    for particulate emissions.
    This compliance program was undertaken pursuant to a previous
    variance granted by the Board in PCB 73-313 and PCB 75-29,
    In
    30-529

    —2—
    March,
    1976,
    the Agency granted Carbide
    a permit to operate
    its
    calcining kiln until March
    1,
    1978.
    On January
    4, 1978,
    the
    Agency denied Petitioner~sapplication to renew its operating
    permit alleging that under Rule 201 the weight of quench water
    cannot be considered part of the total process weight.
    If the 16,300 lbs,/hr.
    of quench water is added to the
    40,380 lbs./hr. of raw coke,
    a process weight rate
    for each kiln
    is determined
    to be 28.34
    tons per hour, allowing under Rule
    203(a)
    an emission of 15.15 lbs,/hr,
    Tests on the exhaust stacks
    at Robinson indicated average emissions of 14,67 lbs,/hr., well
    within the limits allowed under Rule 203(a)
    if the quench water
    is considered part of the process weight.
    Without the quench
    water in the process weight rate, the calculated allowable emission
    rate
    is 12.91 lbs./hr.
    in which case Carbide is in violation of
    the regulations.
    The issue to be determined by the Board is simply whether
    the weight of the quench water utilized by Carbide
    in its coke
    calcining process
    is to be included in determining the process
    weight rate,
    If the Board determines that issue in favor of the
    Agency’s position, Carbide raises the subsequent issue of es—
    toppel due to the Agency’s prior acceptance of Carbide~spermit
    application and its subsequent denial when no change
    in the pro-
    cess has occurred,
    There appears
    to be no question but that the weight of the
    raw coke must be included in the process weight for the calcining
    process.
    As its authority for excluding the quench water from
    the process weight rate,
    the Agency cites Ceilier Carbon and
    Chemical Corporation v. Environmental Protection Agency,
    PCB 77—
    48
    (September 19,
    1977), where the ~~rd
    stated in an unfortunate
    piece of dictum that the weight of quench water should not be in-
    cluded.
    In addition,
    the Agency cites Collier Carbon and Chemical
    ~
    PCB 77-285
    (January 20, 1978), alleging this case to be a reaffirmation of
    PCB 77—48
    (Collier
    I)
    .
    With respect to PCB 77-285
    (Collier II),
    the Board finds that the issue there was not one of process
    weight rate,
    but rather a request by Collier that
    it he permitted
    to deduct from its particulate emissions that portion of the par-
    ticulate that is attributable to the quench water,
    The Board
    denied this request because so little particulate thus generated
    found its way to the atmosphere, the effect was de minimis.
    Nowhere in Collier
    II does the Board affirm the dictum of Collier
    I.
    With respect to Collier
    I,
    the Board has held in a previous
    ~O-530

    —3—
    case,
    United States Steel Corporation
    v. EPA, PCB
    77-317
    (June
    22,
    1978)
    that “the Board finds
    that
    it no longer agrees with
    that holding in Collier Carbon,
    PCB
    77-48.”
    In P03
    77-317
    adopted earlier today, the Board found “in addition, since USS
    will be held liable for
    that
    part of the cooling medium which
    in turn becomes part of the emissions due to the process, and
    since this part of
    the
    cooling medium bears a direct relation-
    ship to the amount of emissions, USS must be given credit for the
    weight of material thus lost.”
    In
    that case the cooling medium
    was oil, but the Board
    finds
    that the principle applies here also.
    Thus in this case, the weight of
    the
    cooling medium,
    the water,
    that
    is flashed off
    due
    to
    the
    quenching process should be in-
    cluded in the process weight rate for the purpose of determining
    the allowable emissions.
    Since Carbide’s emissions are in compliance with the regula-
    tions if the quench water is considered as part of the process
    weight and since
    we
    have found that the quench water flashed off
    in this case is part of the process weight,
    the Agency was in-
    correct in denying Carbide’s permit application for its petroleum
    coke calcining operation in
    Robinson,
    Illinois, for the reasons
    stated in its
    denial.
    This Opinion constitutes
    the
    findings of fact and conclusion
    of law of the Board in
    this
    matt.er,
    ORDER
    It is the Order of
    the
    Pollution Control Board that the
    Agency’s denial of Union Carbide Corporation~spermit appli-
    cation designated DO 5110042 for its petroleum coke calcining
    operation at Robinson, Illinois, be reversed and that the
    matter be remanded to
    the
    Agency for further consideration
    consistent with this
    Opinion
    and Order.
    Mr. Werner concurs.
    I,
    Christan
    L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby ce~tifythe above Opinion and Order
    were~doptedon the
    ‘~day ~
    1978 by a vote
    QistanL.~~$~e
    rk
    Illinois Pollutio
    Control Board
    30—531

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