ILLINOIS POLLUTION CONTROL BOARD
February 17, 1994
PEOPLE OF THE STATE
OF ILLINOIS,
Complainant,
v.
)
PCB 94—17
(Enforcement)
OLIN CORPORATION,
a Virginia Corporation,
Respondent.
OPINION AND ORDER OF THE BOARD
(by C.A. Manning):
This matter comes before the Board upon a two—count complaint
filed January 6,
1994, by Roland W. Burns, Attorney General of the
State
of
Illinois,
on
behalf
of
the
Illinois
Environmental
Protection Agency and the People of the State of Illinois, against
Olin Corporation
(Olin),
a
Virginia Corporation
located at
427
Shamrock Street, East Alton, Madison County,
Illinois.
The
coin-
plaint alleges that Olin has violated Sections 9(a) of the Illinoic
Environmental Protection Act (Act), 415 ILCS
5/9 (a), and 35
Ill.
Adm. Code § 2l9.204(j)(l),(2) for operating emission sources above
the limitations set forth for manufacturing plants.
Pursuant to 415
ILCS 5/31(a)(1), the parties
filed
a joint
motion requesting relief
from the Act’s hearing requirement
on
January
6,
1994.
The Board published a notice of the waiver on
January 10, 1994; no objection to grant of the waiver was received.
Waiver of hearing is hereby granted.
The parties
filed a stipulation and settlement agreement on
January 6, 1994.
The stipulation sets forth facts relating to the
nature,
operations
and
circumstances
surrounding
the
claimed
violations.
Olin admits the alleged violations and agrees to pay
a civil penalty of twenty-five thousand dollars ($25,000.00).
The Board finds the settlement agreement acceptable under
35
Ill.
Adrn.
Code
103.180.
This
settlement
agreement
in no way
affects respondent’s responsibility to comply with any federal,
state or local regulations,
including but not limited to the Act
and the Board’s pollution control regulations.
This opinion constitutes the Board’s findings
of
fact
and
conclusions of law in this matter.
ORDER
1)
The
Board
hereby
accepts
the
Stipulation
and
Settlement
2
Agreement executed by the People of the State of Illinois and
Olin Corporation, concerning its facility located at 427 N.
Shamrock Street,
East Alton, Madison County,
Illinois.
The
Stipulation
and
Settlement
Agreement
are
incorporated
by
reference
as though
fully
set
forth
herein.
Pursuant
to
Section 42 of the Environmental Protection Act, a violation of
this order is a violation of the Act for which the Board may
assess the appropriate civil penalties.
2)
The Olin Corporation shall pay the sum of twenty-five thousand
dollars ($25,000.00) within 30 days of the date of this Order.
Such payment shall be made by certified check or money order
payable to the Treasurer of the State of Illinois, designated
to the Environmental Protection Trust Fund, and shall be sent
by First Class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
P.O. Box 19276
Springfield, IL 62794—9276
The certified check or money order shall clearly indicate
on
its
face,
Olin
Corporation’s
Federal
Employer
Identification Number or Social Security Number and that
payment is directed to the Environmental Protection Trust
Fund.
A
copy
of the payment transmittal
and check shall
be
simultaneously submitted to:
Environmental Control Division
Illinois Attorney General’s Office
500 South Second Street
Springfield, Illinois 62706
Any such penalty not paid within the time prescribed
shall incur interest at the rate set forth in subsection
(a) of Section 1003 of the Illinois Income Tax Act,
(35
ILCS 5/1003), as now or hereafter amended, from the date
payment
is
due
until
the
date
payment
is
received.
Interest
shall
not accrue
during
the pendency
of
an
appeal
during
which payment
of
the
penalty has
been
stayed.
3)
Olin shall comply with the Revised Compliance Program, which
is included into this order as Condition 15.
4)
Olin shall cease and desist from further violations of the Act
(Ill.
Rev.
Stat.
1991,
ch.
111
1/2,
par. 1001 ~
~g.;
415
ILCS
5/.
~
~g.)
and the Board’s Rules and Regulations,
35
Ill. Adm.
Code,
Subtitles A through H.
Olin shall be deemed
3
to be in compliance with the Act, Rules, and Regulations with
respect
to
the
Subpart
F
Miscellaneous
Metal
Parts
and
Products
Coating
Processes,
and the Subpart PT
Processes,
provided that Olin is in compliance with the terms
of this
order.
5)
Olin must submit progress reports to the Agency every six
(6)
months detailing progress towards the final compliance dates
in each compliance plan
in the Revised Compliance Program.
These reports shall be sent to the following:
Regional Manager
State of Illinois EPA
Bureau of Air
2009 Mall Street
Collinsville, IL
62234
6)
The above progress reports shall detail any measures Olin has
taken to reduce emissions.
During the period of the Revised
Compliance
Program,
Olin
need
not
file
notifications
of
violation
(as required by 35 Ill.
Adm. Code 219.211)
for the
processes subject to the Revised Compliance Program.
7)
Upon achieving compliance or changing the method of compliance
for any of the processes subject to the Revised Compliance
Program, Olin shall submit the required certification to the
Agency pursuant to
35
Ill.
Adm.
Code 219.211.
Olin shall
thereafter also be subject to the reporting requirements of 35
Ill. Adm. Code 219.211.
8)
If either the Agency or Olin determines that Olin has at any
time
used
greater
than
five
thousand
(5,000)
gallons
of
coating at the facility in any year,
then Olin shall submit
the appropriate operating permit applications to the Agency
for the subject coating lines.
9)
The applications referenced
in Condition 8 of the proposed
stipulation and settlement
shall be submitted within thirty
(30) days of such determination.
10)
If Olin determines that reformulation is infeasible for any of
the coating lines, Olin shall notify the Agency,
in writing,
within five (5) days of such determination.
The notification
shall be sent to the address contained in Condition 5 of the
proposed stipulation and settlement agreement.
11)
Within
thirty
(30)
days
of
the
notification
required
by
Condition
10
of
the
proposed
stipulation
and
settlement
agreement, Olin shall submit an application for a construction
permit to the Agency for installation of capture and control
equipment on the subject coating line(s).
The installation of
capture and control equipment on the subject coating line(s)
4
shall
be
completed within nine
(9)
months
of the Agency’s
approval of the construction permit.
12)
Olin shall supply the Agency with any requests for deviation
that are submitted to the United States Department of Defense.
The requests for deviation shall be sent to the address in
Condition
5
of
the
proposed
stipulation
and
settlement
agreement.
13)
Approval of the proposed stipulation and settlement agreement
and
compliance
herewith
shall
constitute
full
accord,
satisfaction,
and settlement of all civil liability of Olin
under the Act and the Board’s Rules and Regulations,
35 Ill.
Adm.
Code,
Subtitles A through H, occurring or arising prior
to such approval,
for the following violations:
A)
All violations alleged by the Complainant in this
action;
B)
All violations known to the Agency or of which the
Agency had notice, which could have been alleged by
the Complainant in this actions.
14)
Approval of the proposed stipulation and settlement agreement
and
compliance
herewith
shall
constitute
full
accord,
satisfaction,
and settlement of all civil
liability of Olin
under the Act and the Board’s Rules and Regulations,
35 Ill.
Adin.
Code,
Subtitles A through H, occurring or arising prior
to
the
termination
of
Olin’s
obligations
under
this
Stipulation
and
Proposal
for
Settlement
and
the
Revised
Compliance
Program,
arising out
of the failure
of
Olin’s
Subpart F processes to comply with the emission limits in 35
Ill.
Adin. Code 219, Subpart F.
15)
REVISED COMPLIANCE PROGRAN
-
POWER TOOL LOADING SEALING
(All the following is new from 1st draft)
MILESTONE
COMPLETION DATE
*A.
Evaluate water—based lacquers
and complete “works” tests
12/15/93
*B.
Conduct time and temperature tests
6/15/94
*C.
Conduct field demonstrations of
adequacy of substitute.
12/15/94
*D.
Analyze data and prepare report
3/15/95
*E.
Receive customer approval for
modification.
7/15/95
5
*F.
Design and install equipment
modifications where necessary
and demonstrate compliance with
emissions limit.
1/15/96
*
At any time during or at the end of a phase marked
~‘*“,
Olin may elect to leave this schedule to implement
the Capture and Control Schedule.
REVISED
COMPLIANCE
PROGRAM
-
CAPPERS
MILESTONE
COMPLETION
DATE
*A.
Evaluate water—based lacquers
11/15/93
B.
Apply to DOD and receive approval
for “Request for Deviation”
1/15/94 (1)
*C.
Complete “works” tests
3/15/94
*D.
Complete time and temperature tests
3/15/95
E.
Analyze data,
prepare report, and
submit Engineering Change Proposal
(ECP)
9/15/95
*F.
Receive DOD approval of ECP
3/15/96 (1)
G.
Design and install equipment
modifications where necessary
and demonstrate compliance with
emissions limit
10/15/96
*
At any time during or at the end of a phase marked
“*“,
Olin may elect to leave this schedule to implement
the Capture and Control Schedule.
(1)
This date is an estimate based on DOD policy and
Olin’s
experience
in
requesting
MILSPEC
changes.
Provided
that
Olin
has
proceeded
with
reasonable
diligence
in requesting
the
change,
DOD’S
failure to
approve the change within the scheduled period shall not
be considered a non-compliance by Olin.
REVISED COMPLIANCE PROGRAM
-
MILITARY TIP IDENTIFICATION
Note:
Olin is not currently manufacturing these
products, and does not presently have a contract to
manufacture them.
The commencement date for this
schedule will be the date on which a contract for
production of these materials is executed.
6
MILESTONE
COMPLETION DATE
*A.
Evaluate water—based lacquers
4 months
following
commencement
B.
Apply to DOD and receive approval
6 months
for “Request for Deviation”
f o 1
1 o w
i
n g
commencement (1)
*C.
Complete “works” tests
9
in o n t h s
following
commencement
*D.
Complete time and temperature
12 months
tests
following
commencement
E.
Analyze data, prepare report, and
18 months
submit Engineering Change Proposal following
(ECP)
commencement
*F.
Receive DOD approval of ECP
24 months
following
commencement (1)
G.
Design and install equipment
34 months
modifications where necessary
following
and demonstrate compliance with
commencement (2)
emissions limit
*
At any time during or at the end of a phase marked
~
Olin may elect to leave this schedule to implement
the Capture and Control Schedule.
(1)
This date
is an estimate based on DOD policy and
Olin’s
experience
in
requesting
MILSPEC
changes.
Provided
that
Olin
has
proceeded
with
reasonable
diligence in requesting
the
change,
DOD’s
failure
to
approve the change within the scheduled period shall not
be considered
a non-compliance by Olin.
If
a MILSPEC
change
has
been
approved
for
Olin’s
new
material,
Milestones B,
E,
& F will be eliminated from the program.
(2)
This
date will be
no
later
than May
14,
1997,
provided that Olin shall not be required to design and
install equipment if these products are not in production
and Olin does not have a contract to produce them.
REVISED COMPLIANCE PROGRAM
-
PROOF LOAD IDENTIFICATION
7
MILESTONE
COMPLETION DATE
*A.
Evaluate water—based lacquers and
complete “works” tests
12/15/93
*B.
Complete time,
temperature, and
performance tests
6/15/94
*C.
Analyze data and prepare report
9/15/94
*D.
Receive customer approval for
modification
12/15/94
E.
Design and install equipment
modifications where necessary
and demonstrate compliance with
emissions limit
3/15/95
*
At any time during or at the end of
a phase marked
~
Olin may elect to leave this schedule to implement
the Capture and Control Schedule.
REVISED
COMPLIANCE
PROGRAM
-
BLANK
SEALING
PROCESSES
(INCLUDING
50
CALIBER)
MILESTONE
COMPLETION DATE
*A
Evaluate water-based lacquers
6 months
following
commencement
B.
Apply to DOD and receive approval
8 months
for “Request for Deviation”
following
commencement (1)
*C.
Complete “works” tests
11 months
following
commencement
*D.
Complete time and temperature
14 months
tests
following
commencement
E.
Analyze data, prepare report, and
20 months
submit Engineering Change Proposal following
(ECP)
commencement
*F.
Receive DOD approval of ECP
26 months
following
commencement
(1)
G.
Design
and
install
equipment
36
months
8
modifications where necessary
following
and demonstrate compliance with
commencement (2)
emissions limit
*
At any time during or at the end of a phase marked
“*“,
Olin may elect to leave this schedule to implement
the Capture and Control Schedule.
(1)
This date is an estimate based on DOD policy and
Olin’s
experience
in
requesting
MILSPEC
changes.
Provided
that
Olin
has
proceeded
with
reasonable
diligence
in requesting
the
change,
DOD’s
failure to
approve the change within the scheduled period shall not
be considered a non-compliance by Olin.
(2)
This
date will be no
later
than May
14,
1997,
provided that Olin shall not be required to design and
install equipment if these products are not in production
and Olin does not have a contract to produce them.
REVISED
COMPLIANCE
PROGRAM
-
50
CALIBER
TIP
IDENTIFICATION
Note:
Olin is commencing a production run of 50 caliber
ammunition, which should be completed May 15, 1993.
Olin
will evaluate water—based materials on this ammunition
and conduct
limited
works tests.
The scope
of
these
efforts
will
be
limited
by
the
short
duration
and
relatively
small
size
of
the
production
run.
The
commencement date for the schedule below will be the date
on which
a subsequent contract for production of these
materials is executed.
MILESTONE
COMPLETION DATE
*A...
Evaluate water—based lacquers
2 months after
commencement
B.
Apply to DOD and receive approval
4 months
for “Request for Deviation”
following
commencement
*C.
Complete “works” tests
6 months after
commencement
*D.
Complete time and temperature
18 months after
tests
commencement
E.
Analyze data, prepare report, and
21 months after
submit Engineering Change Proposal commencement
(ECP)
9
*F.
Receive DOD approval of ECP
27 months after
commencement
(1)
G.
Design and install equipment
34 months after
modifications where necessary
commencement
and demonstrate compliance with
emissions limits
*
At any time during or at the end of a phase marked
“*“,
Olin may elect to leave this schedule to implement
the Capture and Control Schedule.
(1)
This date
is an estimate based
on DOD policy and
Olin’s
experience
in
requesting
MILSPEC
changes.
Provided
that
Olin
has
proceeded
with
reasonable
diligence
in
requesting the
change,
DOD’s
failure to
approve the change within the scheduled period shall not
be considered a non—compliance by Olin.
(2)
This
date
will
be
no
later
than
May
14,
1997,
provided that Olin shall not be required to design and
install equipment if these products are not in production
and Olin does not have a contract to produce them.
REVISED COMPLIANCE PROGRAM
-
50 CALIBER
-
CAP LACQUER
The commencement date for this schedule will be the
date
on
which
a
contract
for
production
of
these
materials is executed.
MILESTONE
COMPLETION DATE
*A.
Evaluate water—based lacquers
6 months after
commencement
B.
Apply to DOD and receive approval
8 months
for
“Request
for
Deviation”
following
commencement
(1)
*C.
Complete “works” tests
10 months after
commencement
*D.
Complete time and temperature
22 months after
tests
commencement
E.
Analyze data, prepare report, and
28 months after
submit Engineering Change Proposal commencement
(ECP)
*F.
Receive DOD approval of ECP
34 months after
commencement
(1)
10
G.
Design and install equipment
41 months after
modifications where necessary
commencement
and demonstrate compliance
with emissions limits
*
At any time during or at the end of a phase marked
“*“,
Olin may elect to leave this schedule to implement
the Capture and Control Schedule.
(1)
This date
is an estimate based on DOD policy and
Olin’s
experience
in
requesting
MILSPEC
changes.
Provided
that
Olin
has
proceeded
with
reasonable
diligence in requesting
the
change,
DOD’S
failure to
approve the change within the scheduled period shall not
be considered a non-compliance by Olin.
(2)
This
date
will
be
no
later
than May
14,
1997,
provided that Olin shall not be required to design and
install equipment if these products are not in production
and Olin does not have a contract to produce them.
REVISED COMPLIANCE SCHEDULE
-
CAPTURE AND CONTROL
SCHEDULE
This schedule may be commenced at any time if and
when Olin reasonably determines that the reformulation
option is infeasible for any of the Affected Operations.
MILESTONE
DATE
A.
Prepare design and evaluation of
4 months after
capture and control technology
commencement
B.
Final engineering design for
5 months after
capture and control technology;
commencement
apply to IEPA for construction
permit
C.
Install capture and control
9 months after
equipment and demonstrate
receipt of
compliance with emission limits
construction
permit
OLIN CORPORATION
-
REVISED COMPLIANCE
PROGRAM
Notes applicable to all Compliance Schedules.
1.
Olin’s compliance program involves an attempt
to develop new technologies,
rather than a process of
implementing existing technologies.
Provided that Olin
is diligently pursuing its compliance program, failure to
achieve any particulate intervening milestone shall not
11
be
considered
a
non—compliance
by
Olin.
Olin
must,
however, achieve compliance by the final compliance date
indicated
in
each
schedule,
unless
the
schedule
is
revised
by
agreement with
the
Agency,
or
relief
is
obtained in some other form, including but not limited to
an adjusted standard or site—specific rule.
2.
If Olin achieves a milestone at an earlier date
than that indicated in the compliance schedule, Olin will
immediately proceed to the next stage in the compliance
program.
3.
If a material fails a test or is not approved
by a third party
(as required by a schedule),
Olin may
have to begin over with the “evaluation” stage (Milestone
A).
The milestone completion dates
in the
schedule,
other than the final compliance date, shall be adjusted
accordingly.
16)
Nothing in this Stipulation and Proposal for Settlement
shall impair Olin’s rights to petition the Board for an
adjusted standard or a site-specific rule with respect to
any of the processes referred to herein.
IT IS SO ORDERED.
J. Theodore Meyer Concurred.
Section 41 of the Environmental Protection Act (415 ILCS 5/41)
provides for the appeal of final Board orders within 35 days of the
date
of
service
of
this
order.
(See
also
35
Ill.
Adin.
Code
101.246, Motion for Reconsideration.)
I,
Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereb,y certify that the above opinion and order was adopted
on the
/~7~—
day of
_________________,
1994, by a vote of 1~-’.
(
~e
Dorothy N. ~nn,
Clerk
Illinois P~lutionControl Board
