ILLINOIS POLLUTION CONTROL BOARD

April

8,

1993

GENERAL CHEMICAL CORPORATION,

)

(Chemical Manufacturing Plant),

)

Petitioner,

v.

)

 PCB 92—217

)

 (Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

OPINION

AND

ORDER OF THE BOARD

 (by B. Forcade):

This matter comes to the Board on a December

31,

1992

Petition for Variance filed by General Chemical Corporation,

Chemical Manufacturing Plant

 (GCC)

 seeking temporary relief from

the provisions of 35 Iii.

 Adm. Code 201.141 and 212.322 (a)

regarding air pollution and emissions of particulate matter for

its facility located in Fairmont City, Canteen Township,

St.

Clair County,

 Illinois, with a mailing address of 2500

Kingshighway, East St.

 Louis, Illinois.

 An initial Board order

setting this matter for hearing was vacated premised upon a

filing of January 22,

 1993, by the Illinois Environmental

Protection Agency

 (Agency).

 No request for hearing was received,

no hearing was held.

 The Agency filed its recommendation that

variance be granted subject to certain conditions on March 18,

1993.

 The Board grants variance, subject to those conditions.

GCC’s plant is the only domestic producer of sodium aluminum

sulfate

 (SAS),

 a food grade product used in the manufacture of

baking powder.

 SAS is blended with sodium bicarbonate to produce

double acting baking powder such as “Clabber Girl” or “Calumet”.

The only other known source of SAS to the U.S. baking industry is

in Mexico.

 (Pet.

1).

 The plant manufactures approximately 2500

tons of SAS per year and employs 26 people.

 GCC asserts that it

is presently out of compliance with Board regulations and that

failure to grant variance during the period required to install

the required pollution control equipment would result in shut

down of the SAS operation,

 layoff of

 7 hourly employees and

probable operational restrictions on GCC’s baking industry

customers while they secured alternative supply sources.

GCC

asserts they would be unlikely to reclaim any lost market share.

(Pet.

2).

The production of SAS begins by mixing aluminum sulfate,

sodium sulfate and small amounts of sulfuric acid and sodium

hydrosulfide.

 The materials are mixed with water in the SAS mix

tank.

 From the mix tank,

 liquid SAS is pumped to a rotary kiln

roaster.

 The roaster reduces the excess liquid and the rotary

action produces spherically shaped pieces of solid SAS.

The

~uu

2

solid SAS is then crushed to the appropriate size.

 The roaster

emits particulate matter

 (PM).

 The roaster emissions are

controlled by

 a water scrubber prior to emission through a stack.

The majority of the particulate matter emitted by the roaster

is

less than 10 microns in diameter

 (PM10).

 The SAS roaster and

water scrubber are included in an Agency operating permit

(#73021173), which expires May 5,

 1993.

 (Rec.

¶~

2,3,19).

Particulate matter emissions from GCC are regulated by 35

Ill. Adm. Code 212.322 which provides,

 in part:

Section 212.322

 Existing Process Sources

a)

 Except

 as further provided in this

Part,

no

 person

 shall

 cause

or

 allow

the

emission

of

 particulate

 matter

 into

the

atmosphere

 in any

one

 hour period

 from any

existing process emission source which, either

alone

 or in combination with the emission of

particulate matter from all other similar new

or

 existing

 process

 emission

 sources

at

a

plant

or

 premises,

 exceeds

the

 allowable

emission rates specified in subsection

(C)

and

Illustrations C.

Based upon the process rates and operating hours for GCC and the

formulae and parameter values from Section 212.322(b) and

 (c),

the Agency has derived a permit limitation of 8.16 pounds per

hour of particulate matter.

As part of an earlier air permit application GCC retained a

consultant to do stack testing.

 That data, acquired in January

1990, demonstrated compliance and was submitted to the Agency.

(Pet.

¶

9; Rec.

¶

 11).

In 1992 GCC conducted roaster stack testing for particulate

matter on May 19,

 20, and 21.

 These stack tests were conducted

by GCC on its own initiative,

 not as a result of Agency mandated

testing.

 These stack test produced results remarkably higher

than the 1990 data; they indicated non-compliance with the

particulate emission limitations.

 GCC notified the Agency of the

results and informed the Agency that it believed the May 1992

results were in error.

 GCC then retained another firm to conduct

stack testing on October

 7 and 8,

 1992.

 These tests showed that

the 1990 stack tests were based upon an incorrect stack diameter,

and established non-compliance with the particulate emission

limitations in the permit.

 (Pet.

¶

4; Rec.

¶~I

11—14).

GCC immediately convened a working group to determine a

 solution to the problem.

 The chosen option is to install a

fabric type bag house dust collector at a total estimated project

—

~

i.

3

cost of $113,800.00.

 Completion of construction and start-up is

anticipated by July 5,

 1993.

 The additional tasks of debugging,

stack testing,

 final inspection, and Agency permitting are

expected to be completed by December

1,

 1993.

 (Pet.

¶

9; Rec.

¶

32)

GCC is requesting a variance from the permitted level of

8.16 pounds per hour emissions of particulate matter as derived

from 35 Ill. Adm. Code 212.322(a).

 The Agency infers that GCC is

requesting an emission limit of 84.23 pounds per hour emissions

of particulate matter based upon the highest average level found

in recent stack tests.

 (Rec.

¶

 17).

 The area involved is not in

a PM10 nonattainraent area,

 the area is no longer classified as

nonattainment for particulate matter.

 GCC is requesting until

October

1,

 1993 to complete construction which will achieve

compliance.

 The Agency believes that for so short a period of

time, emissions are not likely to result in any serious

environmental or public health effects

 (Rec.

¶

18—20).

 Because

the plant is not located in a nonattainment area,

 any variance

will not be subject to approval by the U.S. Environmental

Protection Agency.

 (Rec.

¶

21-22).

The Board finds that GCC has presented adequate proof that

immediate compliance with the particulate emission requirements

would impose an arbitrary and unreasonable hardship that

outweighs any adverse environmental impact.

 Therefore the

Board will grant GCC a variance with the conditions requested by

the Agency.

One additional matter is presented by the record.

 GCC has

requested a variance from 35

 Ill.

 Adni. Code 201.141, which

provides:

Section 201.141

 Prohibition of Air Pollution

No person shall cause or threaten or allow the

discharge or emission of any contaminant into

the environment in any State

so

as,

 either

alone or in combination with contaminants from

other sources,

 to cause

 or tend to cause air

pollution

in

 Illinois,

 or so as to violate

the provisions of this Chapter,

 or so as to

prevent the attainment or maintenance of any

applicable ambient air quality standard.

Neither GCC nor the Agency have provided a rationale for

variance from this regulatory provision.

 The provisions of

Section 201.141 governing “air pollution” are far more inclusive

 than just particulate emissions in excess of Section 212.322(a),

and GCC has not made a case for such broad relief.

The

provisions of Section 201.141 regarding violation of the

;,~

~HO5

4

provisions of this Chapter will not apply to the particulate

controls of Section 212.322 now that GCC has a variance. Finally,

both GCC and the Agency assert that ambient air quality standards

will not be threatened by GCC’s emissions,

 and this Board has not

authorized their violation by today’s variance.

 Consequently,

the Board finds no basis for relief from Section 201.141 and

variance from that Section is denied.

This opinion constitutes the Board’s findings of fact and

conclusions of law in this matter..

ORDER

Petitioner General Chemical Corporation

 (Chemical

Manufacturing Plant) (GCC) is hereby granted a variance from the

provisions of 35 Ill. Adm. Code 212.322(a)

 for its facility

located in Fairmont City,

 Canteen Township,

St.

 Clair County,

Illinois subject to the following conditions:

1.

 This variance shall expire on December 1,

 1993.

2.

 The allowable emissions during the variance period shall be

84.23 pounds per hour of particulate matter, with the same

process weight rate

 (2.8 tons per hour)

 and the same operating

hours as currently permitted (6,384 hours per year), until thirty

 (30) days after the fabric baghouse dust collector and related

components are installed or August 31,

 1993, whichever occurs

first.

 Thereafter, the allowable emissions rate shall be 8.16

pounds per hour of particulate matter, with the same process

weight rate and operating hours as currently permitted, until the

expiration of this variance.

3.

 Petitioner shall comply with the following conditions:

a.

 A fabric baghouse dust collector, with appropriate

modifications to the stack and hardware components,

 shall be

installed on the SAS roaster on or before August 1,

 1993.

b.

 An emergency quench system with an alarm system shall

be installed on the stack on or before August

1,

1993

c.

 A manometer shall be installed as part of the fabric

baghouse dust collector to monitor a pressure drop across

the fabric baghouse dust collector on or before August

1,

1993.

d.

 GCC shall submit progress reports to the Agency at the

beginning of each month detailing all progress made towards

installing and testing the fabric baghouse dust collector

and other items required to be installed and listed above.

These progress reports shall be signed by an authorized

-n

5

officer of GCC, certifying that the progress report in

 question is true, correct and complete, to the best of such

officer’s knowledge.

e.

 On or before May

1,

 1993, GCC shall submit to the

Agency a copy of an appropriately executed and delivered

purchase contract for a fabric baghouse dust collector,

manometer, water quench system and related items necessary

to install and operate the fabric baghouse dust collector.

The contract shall be certified by an authorized officer of

GCC to be true,

 correct and complete, and in full force and

effect, to the best of such officer’s knowledge.

f.

 On or before May

1,

 1993, GCC shall submit to the

Agency a copy of an appropriately executed and delivered

construction or engineering contract for a fabric baghouse

dust collector, manometer, water quench system and related

items necessary to install and operate the fabric baghouse

dust collector.

 The contract shall be certified by an

authorized officer of GCC to be true,

 correct and complete,

and in full force and effect,

 to the best of such officer’s

knowledge.

g.

 Items listed in subparagraphs

(d)

 through

(f)

 above

shall be sent addressed as follows:

State of Illinois EPA

Division of Legal Counsel

2200 Churchill Road

P.O. Box 19276

Springfield, Illinois

Attention:

 IEPA #734-92

State of Illinois/EPA

Regional Manager/Bureau of Air

 2009 Mall Street

Collinsville,

 Illinois

62234

Attention: John Justice

4.

 In addition to the standard permit conditions, and any other

special permit conditions the Agency may specify, GCC shall

operate the Plant during the term of the variance under the

following special permit conditions:

a.

 GCC shall maintain records of the following items,

and

such other items as may be appropriate, to allow the Agency

to review compliance with the emission limits in Paragraph

2

above:

(i)

 SAS liquor flow rate (gal/mm) to the SAS

Evaporation and Roasting Process;

OL.H-O07

6

(ii)

 SAS liquor specific gravity for each shift;

and

(iii)

 The hourly process weight rate for the SAS

Evaporation and Roasting Process based on the

SAS liquor flow rate and specific gravity.

b.

 The records listed in subparagraph

(a)

 above shall be

retained for two years and shall be available for inspection

by the Agency.

c.

 On or before August 15,

 1993, the particulate matter

and SO2 emissions of the SAS Evaporation and Roasting

Process shall be measured by an approved testing service

during conditions that are representative of maximum

emissions,

 and a final report of the results of the tests

shall be submitted to the Agency on or before September 1,

 1993.

ci.

 The following methods and procedures shall be used for

testing of emissions, unless another method

 is approved by

the Agency

 (Refer to 40 CFR 60, Appendix A for USEPA test

methods):

Location of Sample Points

 USEPA Method

1

Gas Flow and Velocity

 USEPA Method

2

Particulate Matter

 USEPA Method 5

Sulfur Dioxide

 34 Ill. Adm. Code

214.101(a) (USEPA Method

6)

As part of the measurement of particulate matter emissions,

GCC shall measure and report both the inorganic and organic

condensable particulate matter in the USEPA Method

5

ixnpinger catch.

e.

 During the above—referenced tests, the following

process information shall be determined:

(i)

 Process liquor flow rate,

 concentration and

process weight rate:

(ii)

 Process operating temperatures; and

(iii)

 Pressure drop across the baghouse.

Process liquor feed rate,

 concentration, process weight

rate, and process operating temperatures shall be determined

based ‘on the SAS operating log and SAS concentration feed

rate record sheet.

 Pressure drops across the baghouse shall

be measured with a permanently installed manometer as part

L~

—

10 8

7

of the particulate matter collection system.

f.

 At least thirty

 (30) days prior to the actual date of

testing, GCC shall submit a written test plan to the Agency

for review and approval.

 This plan shall describe the

specific procedures for testing, including at a minimum:

(i)

 The person(s) who will be performing sampling

and analysis and their experience with

similar tests;

(ii)

 The specific conditions under which testing

will be performed,

 including

 a discussion of

why these conditions will be representative

of maximum emissions and the means by which

the operating parameters for the source and

any control equipment will be determined;

(iii)

 The specific determinations of emissions and

operation which are intended to be made,

including sampling and monitoring locations;

(iv)

 The test method(s) which will be used, with

the specific analysis method,

 if the method

can be used with different analysis methods

(v)

Any

minor changes in standard methodology

proposed to accommodate the specific

circumstances of testing, with justification;

(vi)

 Any proposed use of an alternative test

method, with detailed justification; and

(vii)

 The format and content of the Source Test

Report.

g.

 The SAS Evaporation and Roasting Process shall be

 operated during testing in accordance with normal operating

practices.

 Process or pollution control equipment

modifications prior to the tests shall be documented.

The

report shall include any changes that may enhance

particulate matter control efficiency or reduce emissions

through changes in operating conditions.

h.

 Prior to carrying out these tests, GCC shall notify the

Agency’s regional office and the Agency’s Source Emission

Test Specialist, at the addresses for notice set forth

below,

 a minimum of thirty

 (30) days prior to the expected

date of these tests and a minimum of five

 (5) working days

prior to the test of the exact date, time and place of these

tests,

 to enable the Agency to witness these tests.

014 i~U

109

8

Illinois Environmental Protection Agency

Division of Air Pollution Control

—

 Regional Office

2009 Mall Street

Collinsville, Illinois

62234

Illinois Environmental Protection Agency

Attn:

 Source Emission Test Specialist

Division of Air Pollution Control

Intercontinental Center

1701 First Avenue

Maywood, Illinois

60153

GCC

 shall submit three

(3)

 copies of the Final

Report(s) to the Agency within fourteen

 (14) days after the

test results are compiled and finalized.

j.

 GCC shall submit a copy of the Summary of Results,

General Information and Conclusions, as contained in the

Final Report, to the Source Emission Test Specialist.

k.

 The Final Report shall include at a minimum:

(i)

 A summary of results;

(ii)

 General information;

(iii)

 Description of test methods(s),

 including

description of sampling points, sampling

train, analysis equipment, and test schedule;

(iv)

 Detailed description of test conditions;

(v)

 Process information,

 i.e., mode(s) of

operation, process rate,

 e.g.

 fuel or raw

material consumption;

(vi)

 Control equipment information,

 i.e.,

equipment condition and operating parameters

during testing;

(vii)

 A discussion of any preparatory action taken,

i.e.,

 inspections, maintenance, repair, etc.;

(viii)

 Data and calculations,

 including copies of

all raw data sheets and records of laboratory

analysis,

 sample calculations, and data on

equipment calibration; and

(ix)

 An explanation of any discrepancies among

individual tests or anomalous data.

L~

9

1.

 GCC shall,

 in accordance with the manufacturer(s)’

and/or vendor(s)’ recommendations, perform periodic

maintenance on the pollution control equipment such that the

pollution control equipment shall be kept in proper working

condition and not cause a violation of the Act or

regulations promulgated thereunder.

m.

 GCC shall maintain an operating log for the SAS

Evaporation and Roasting Process air pollution control

system for the dryer, which at a minimum includes status of

the SAS particulate matter control system at least one per

shift,

 adjustments of the baghouse operating parameters,

the

results of inspections, and maintenance and repair activity.

n.

 GCC shall perform daily inspections on the SAS

Evaporation and Roasting Process and the new SAS air

pollution control system for the dryer to assure proper

operation of equipment.

o.

 GCC shall maintain maintenance records at the Plant and

the maintenance records shall be subjected to inspections by

the Agency as specified in Condition Number

 8 of the

Agency’s Standard Conditions for Operation Permits.

5.

 Within forty-five

 (45) days after the date of this order,

GCC shall execute a certification of acceptance of this variance,

by which it agrees to be bound by its terms and conditions,

and

send it to:

L.L. Kroack

Assistant Counsel

Bureau of Air

Illinois Environmental Protection Agency

P.O. Box 19276

Springfield,

 Illinois

 62794—9276

This forty-five

 (45) day period shall be held in abeyance for any

period during which this matter is appealed.

 The form of the

certification shall be as follows:

CERTIFICATION

General Chemical Corporation, having read the Order of the

Illinois Pollution Control Board in PCB 92-217, understands and

accepts said order, realizing that such acceptance renders all

terms and conditions thereto binding and enforceable.

General Chemical Corporation

By:

As Authorized Agent

10

TITLE

DATE

Failure to execute and forward the Certification within 45-days

renders this variance void and of no force and effect as a shield

against enforcement of rules from which this variance is granted.

IT IS SO ORDERED.

Section 41 of the Environmental Protection Act,

 415 ILCS

5/41

 (1992)’, provides for appeal of final Orders of the Board

within 35 days.

 The Rules of the Supreme Court of Illinois

establish filing requirements.

 (But see also Castenada v.

Illinois Human Rights Commission

 (1989),

 132 Ill.2d 304,

547

N.E.2d 437; Strubbe v. Illinois Pollution Control Board,

No.

3-

92—0468, slip op.

 at 4—5

 (3d Dist. March

15,

 1993)).

I, Dorothy M. Gunn,

 Clerk of the Illinois Pollution Control

Board,

 hereby certi4,y that the abov~opi~iionand order was

adopted on the

 day of

~

 1993, by a

vote of

~

1041.

 Previously codified at Ill. Rev.

 Stat.

 1991,

ch.

 111½ par.

Control Board

O1L~i-UJ