ILLNOI~

PO1~E.t1TION CONTROL

BOARD

June

1.2,

L980

AMOCO

CHEMICALS

CORPORATION,

Petitioner,

)

PCB

80—18

)

ILLINOIS

ENVIRON~4ENTAL

PROTECTION

AGENCY,

Respondent.

RONALD J. GANIM, STANDARD OIL CO.

 (INDIANA), APPEARED ON BEHALF

OF THF~PETITIONER.

PETER E. ORLINSKY APPEARED ON BEHALF

OF

 RESPONDENT.

OPINION AND ORDER OF THE BOARD

(by

I.

 Goodman):

Amoco Chemical Corporation

 (Amoco)

filed this Petition for

Variance before the Board on January

22,

 1980 for relief from

certain of the Board’s Air Pollution Control Rules and

Regulations

 (Air Regulations).

 On February

21,

 1980,

the

Illinois Environmental Protection Agency

 (Agency) recommended

granting this Petition for Variance,

 under certain conditions,

from Rules 105(a) and 203(e)

 of the Board’s Air Regulations until

May 15,

 1980.

 Hearing was held on April

18,

 1980,

 at which no

members

 of the public were present.

The variance was sought because Petitioner’s electrostatic

precipitator

 (ESP),

 attached

 to a water quenching tower on

the

incinerator, malfunctioned

 December 20,

 1979 and caused such

structural damage

 to the ESP that the ESP requires replacement.

The arbitrary and unreasonable hardship alleged

 is the

requirement of compliance

in

 the face

 of the destruction of

Petitioner’s control equipment as a result of a malfunction.

The

destruction of the ESP was an event both unforeseeable and beyond

Petitioner’s control.

 Furthermore,

 Petitioner initiated measures

immediately

 to order and

 to have

 installed a replacement ESP,

at

a cost of $400,000,

 so as

 to achieve compliance by May 15,

 1980.

Such action is

 to be

 cornmendetl.

 The alternative measures of

compliance which were investigated, directing the residue

 to a

wastewater treatment unit and drumming the residue, were rejected

for reasonable technological and/or economic reasons.

Petitioner’s Joliet facility produces trimellitic anhydride

(Tr4A),

 which is used

 to manufacture latex paints,

 electrocoating

resins,

 agricultural chemicals,

 plasticizers, wire Insulation,

polyesters, pharmaceutical products,

 and other materials.

The

—.)—

incinerator is used

 to destroy approximately 1,900

 lbs. /hr. of

liquid organic waste material generated

from

the

TMA

manufacturing process.

Petitioner has taken interim measures to minimize the impact

of its noncompliance

 in this TSP nonattainment area of increasing

the rate of water flow

 to the water quenching tower and of

reducing the firing rate of the waste materials.

 With such

measures,

 the particulates emission rate is 1.45 gr./SCF

of

effluent gases.

 Before the malfunction,

 the rate was 0.04

gr./SCF.

Variance will

 be granted through June

1,

 1980 from Rule

105(a) regarding continued operation during malfunctions and

from Rule

 203(e)(3) specifying an emission limitation of 0.20

gr.JSCF

 of emissions.

 The Agency has stated

 in its Recommendation

that modeling results indicate that no health hazard will result

from grant of the variance and that Petitioner’s temporary

contribution to increased particulates levels will not be a

significant one.

Petitioner’s air quality modeling report indicates that

the maximum annual geometric mean concentrati~nincrease in

total

suspended

particulate

(TSP)

 4.4 ug/m

 The assumed

background for the Joliet facility,

 based on data from the

Will County Health ~epartment’s

 monitorings at Joliet Junior

College,

is

 43 ug/m

 total annu~lgeometric mean concentration.

The increase

 in TSP of 4.4 ug/m

 due to operation of the

facility ~ithout

 an ESP would raise the TSP concentration to

47.4 ug/m

 annual geometric mean concentrati~ns, which

 is well

below the annual primary stan~ardof 75 ug/m

 and the annual

secondary standard of

 60 ug/rn

Variances

 from the Board’s Air Regulations may be granted

only if they are consistent with the Clean Air Act,

 42 U.s.C.

§7401,

et

~j.

 The Agency intends

 to submit any variance granted

herein to the U.

 S. Environmental Protection Agency as a revision

to the State Implementation Plan

 (SIP) pursuant to

 42 U.S.C.

§7410(a)(3).

 Such submittal will cause this variance

 to be

consistent with the Clean Air Act upon approval by the U.

S.

Environmental Protection Agency as a revision

 to the SIP.

Petitioner,

 however, may become subject

 to noncompliance

penalties under 42 U.S.C.

 §7420

 if the terms and conditions of

this variance are not met.

This Opinion constitutes the findings

 of fact and

conclusions

law

the

 Board

 in this

matter.

ORDER

It is the Order of the Illinois Pollution Control Board

 that Amoco Chemicals Corporation be

 granted a variance

 from

Rules 105(a) and 203(e)

 of the Board’s Air Pollution Control

—3—

Rules and Regulations through June

1.,

 1.980 under

the

fo

 I. lowing

conditions:

1.

 Monthly, beginning July

1,

 1980 and ending on the next

month after compliance

 is achieved,

 Amoco Chemicals Corporation

shall submit written reports

to

 the Illinois Environmental

Protection Agency,

 Division of Air Pollution Control,

 Control

Program Coordinator,

 2200 Churchill Road,

 Springfield,

 Illinois

62706, detailing

 the progress made in achieving compliance with

Rule 203(e)(3)

 of the Board’s Air Pollution Control Rules and

Regulations

 (Chapter 2).

2.

 Amoco Chemicals Corporation shall continue in effect

the interim measures of increasing the rate of water

 flow

to

the

quenching tower and reducing the firing rate of the waste

material until the replacement ESP is installed and

 is operating.

Amoco Chemicals Corporation shall install and have operating an

ESP on or before June

1,

 1980.

3.

 Amoco Chemicals Corporation shall conduct a stack test

on or before June

1,

 1980 and shall notify the Illinois

Environmental Protection Agency at the address above

 in writing

at least

7

 days prior

 to testing

 to allow Agency representatives

to witness the test.

 Amoco Chemicals Corporation shall submit

all results of such

 test;

 to the Aqency on or before June 13,

1980.

4.

 Amoco Chemicals Corporation shall execute a

Certification of acceptance of the terms and conditions of this

variance within 45 days hereof and shall send copy of the

executed Certification to the Illinois Environmental Protection

Agency at the address above and to Clerk of the Board at 309 West

Washington Street,

 Suite

 300, Chicago,

 Illinois

 60606.

 This

condition will he

 inapplicable

 in the event of an appeal of the

instant Order.

 The form of said Certification shall be as

follows:

CERTIF ICATION

I

 (We),

_______________

___________,

 having read

and fully understanding the Order

in

PC3

 80—18 hereby accept that

order and agree

 to he bound by its terms

 arid, conditions.

Signed________________________

Title

_________________________

Date

I,

 Christari

L.

 ~offett,

 Clerk of the

Illinois

Pollution

—4—

Control

Board,

hereby

certify

thak

the

above

Opinion

and

Order

was

adopted

the

____

day

______________,

 1980 by

 a vote

of~.

Christan

Moffett,(~/erk

Illinois

Pollution

Co~trol

Board