ILLINOIS POLLUTION CONTROL BOARD

May 9,

1991

OLIN CORPORATION

(Joliet Plant),

Petitioner,

v.

)

PCB 89—72

)

(Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by B. Forcade):

This matter comes before

the Board on

a motion filed on

March

14,

1991 by Olin Corporation, Joliet Plant

(“Olin”),

requesting that the Board modify certain internal deadlines

in

the variance granted to Olin by Board Order

of February

7,

1991.

That variance

is

from the Board’s air

regulations

governing the emission of particulate matter,

found at

35 Ill.

Adrn. Code 212.321,

and applies

to the A and B building scrubbers

at the Joliet fa:ility.

The variance will expire on March

1,

1992, and was issued by the Board subject

to various conditions,

including the installation of new emissions control equipment and

monitoring,

testing and reporting requirements.

Olin’s request

for modification involves the A Building scrubbers which are

temporarily not

in use, and,

therefore,

variance conditions

relating

to A Building scrubbers will not be met.

Olin claims

that,

since December

1990, one of Olin’s major

phosphate customers unexpectedly and significantly reduced

its

production order

for 1991 and other customer orders are also

lower than expected for 1991.

Motion at

p.

4 and Exhibit

A,

p.

2.

As

a result of the decreased demand for its product, Olin has

temporarily discontinued operations at its A building since

“production capacity at Buildings B and C currently meets and

will for

the forseeable future meet the market demands

for Olin’s

STPP sodium

tripoly phosphate

products”.

Exhibit A,

pp.

2-3.

Olin’s contention

is

that, without the ongoing operations at

Building A, compliance work at either

the A—North or A—South

stacks

in accordance with the conditions as specified

in the

Board’s February

7,

1991 variance order cannot be met.

Olin

asserts that the A—North scrubber had already achieved marginal

compliance but final modifications, testing and evaluation would

be delayed.

The A—South scr.ubber was

to be modified by January

1,

1992 and tested by March

1,

1992,

and these activities might

also be delayed.

Olin has suggested some modifications

of

the variance to

allow compliance—related work

on the A building to be carried out

on a schedule that

is t!ed

to the start

of operations at A—Nort~

and A—South stacks.

The exact date

for resumption of operations

122—35

---

—2—

at the A Building is not known.

However, Olin does not request

that the period of

the variance end other than on March

1, 1992

as specified in the February

7, 1991 Board Order.

Thus,

final

compliance would

still

be required by the same March

1,

1992

deadline.

Progress Under Current Variance

Olin represents that substantial progress has been made at

Building B pursuant

to the conditions of the variance granted on

February 7,

1991.

“For the B—South scrubber, Olin installed the

new scrubber and completed other modifications by early December,

1990,

three weeks ahead of schedule.”

Motion at p.

3.

Olin has

initiated emissions testing at the B—South scrubber and has

reported significant reductions

in emissions to the Agency.

Motion at pp.

3—4; Progress report at Exhibit

C,

pp.

1—2.

For

the B—North scrubber, Olin completed all modifications on January

21, 1991.

Olin reported that emissions were higher

than expected

and more modifications were made.

Additional

testing

is to.be

performed.

Motion at

p.

4;

Exhibit

C at p.

1.

Olin notes,

too,

that since economic conditions forced the

shutdown

of Building A,

no particulate matter

is now emitted from

the A—North and A—South scrubbers.

Motion at pp.

5—6.

Olin states

that

it has

taken numerous cost cutting measures

due to reduced demand,

including closing certain administrative

buildings, consolidating personnel,

and operating only one of the

plant’s three coal-fired boilers.

The adverse economic situation

prevents compliance with the current variance with respect

to the

A—North and A—South scrubbers since

stack testing can only be

undertaken during production activity.

Motion at pp.

4—5.

Olin

does not state whether

its financial condition prevents making

expenditures to modify the non—complying A—South scrubber,

but

the total shut down of

that scrubber

to some extent obviates the

present need for emissions control at that source.

Requested Modification of Variance

Olin has requested the Board to add a new paragraph

12

and

to make certain changes

in paragraphs

2,

3, and

5 of the Board’s

Order of February

7,

1991.

Certain other minor changes are added

here to paragraphs

4,

7,

and

11 on the Board’s own initiative,

and these are intended to add clarity to the revised sections.

The modifications are shown below by overstriking and underlining

new language.

2.

Olin shall complete all testing and minor modifications

on the A—North scrubber as follows:

A)

Not later than Peb~a~y~87 ~99~ four weeks after

resuming operation of the A—North kiln, Olin shall

complete all engineering matrix tests and the

evaluation of any modifications,

if necessary.

In

122—36

---

—3—

addition, Olin shall notify the Agency in the first

monthly report subsequent to Olin’s resuming

operations at A—North.

Olin shall inform the

Agency of the date when operations resumed and of

all activities completed or planned to achieve

compliance using the A—North scrubber.

B)

Not later than five months after resuming operation

of the A—North kiln,

but

in no event later than

March

1,

1992, Olin shall complete its evaluation

of the impact of engineering modifications at A—

North.

Note:

The Board added

the March

1,

1992 deadline

to Olin’s

suggested language

in paragraph

2(B).

Olin had suggested

in its

request that paragraph 2(B)

should be added as paragraph 5(A).

The Board finds

that placement here

in paragraph 2(B) would

be

more appropriate.

Similarly,

the deadlines for evaluation of

engineering modifications at the B—North and B—South scrubbers

will also be moved from paragraph 5(A)

since paragraph 5(A)

is

already being modified at Olin’s request.

3.

Olin shall complete modifications

m~e~th the

A—Nerth

~e~bbe~

me

fiea~ier~s

at the B—North scrubber,

as

follows:

A)

Not later than April

1,

1991,

Olin shall complete

modifications to the B—North scrubber, ~a~ed en

the

~tix

~

a~A—Nerth ~i1~- and

P2erform engineering matrix tests

for all products.

B)

Not later than July 31,

1991, Olin shall complete

the evaluation of the impact of any engineering

modifications,

if

necessary,

and all tests,

evaluations and further engineering modifications.

4•

*

*

*

B)

Not later

than June

30,

1991, Olin shall complete

matrix tests,

evaluation of the performance of the

additional scrubber and optimize unit performance.

C)

Not later

than September 30,

1991, Olin shall

evaluate any further engineering modifications,

if

necessary.

Note:

The September

30 date was inadvertently omitted

from

the Board’s earlier order.

5.

Olin shall complete modifications to the A—South

scrubber, as follows:

122—37

---

—4—

A~)-

Net 3tet’ than

cy

3~~99~

ea~n

~ha~3 eemp~ete

4t~eve~uatienef the 4mpaet ef engeerin~

med~f4eat~en~

at A—North and B—North7 a~we~a~

the perfermartee of the add4tiena3

~er~bber at B—

Se~tth~

AB)

If operation at the A—South kiln will be

resumed on

or before January

1,

1992,

then nNot later than

January 1,

1992, Olin shall complete engineering

modifications

to the A—South scrubber, based on the

evaluations made pursuant

to paragraphs

2(B),

if

completed,

3(3) and 4(B) Ef3~here~rt.

In addition,

Olin shall also notify the Agency

in the first

monthly report subsequent

to Olin’s resuming

operations at A—South.

Olin shall inform the

Agency of the date when operations resumed and

of

all activities completed or planned to achieve

compliance using the A—South scrubber.

Be)

:n any event, nNot later

than March

1,

1992 Olin

shall complete matrix tests and optimize unit

performance and complete any further engineering

modifications, if necessary.

Note:

The substance of paragraph 5(A)

of the original

variance has been reorganized and placed

in paragraphs

2(3),

3(B)

and 4(B), rather

than modified and placed

in paragraphs

5(A) and

5(B) as suggested by Olin.

Paragraph 5(3) has been modified and

now

is shown as paragraph 5(A).

Olin’s suggested paragraphs

5(C)

and

(D) are addressed

in the modified paragraphs

5(A) and

(B)

above.

However, Olin’s suggested paragraphs 5(C) and

(D) only

seemed to focus on what happens

if A—South kiln operation

is

resumed before January

1,

1992 without providing the necessary

compliance plan

if operation begins after January

1,

1992.

Therefore,

the Board’s new paragraph 5(C)

states that in any

event testing, optimization, and further modifications must meet

the March

1,

992 deadline.

The Board also notes

that Olin

correctly identified

a typographical error

in the Board’s earlier

Order when

the Board referred in paragraph 5(3)

to paragraph E(l)

when the Board intended

to refer

to paragraph 5(A).

The

reference will now be

to paragraphs

2(B),

3(B),

and 4(B).

7.

Olin shall evaluate its progress and submit

a report by

October

1,

1991 indicating whether compliance is

anticipated by the end of the variance period.

~f

eemp±~anee4~net ant~e4patedythe report shaH ~ne~de

a ~repe~a~ for an a±ternat~emethod to aehte~e

eemp~aneewith a time ~ehed~e

for ~ta ~mp±ementat~en

that eemp±~anee±seehie~edby Mareh

~-

~99~

Note:

Since

the requested modification is itself a proposal

to achieve compliance

in a form not consistent with the variance

previously granted,

no further changes are anticipated.

Any

122—38

---

—5—

further modification must again be submitted to the Board.

*

*

*

11.

That wWithin forty—five days oe the grant of the

variance, Petitioner shall execute and forward

to Renee

A.

Stadel,

Division of Legal Counsel, Illinois

Environmental Protection Agency,

P.O.

Box 19276,

Springfield,

Illinois,

62794—9276,

a. Certificate of

Aöceptance and Agreement

to be bound by all terms and

conditions of the granted variance.

This grant

of

variance shall be null and void

if Petitioner

fails

to

execute and deliver

its certification in accordance with

this paragraph.

12.

The period of this variance shall,

in any event,

expire

on Marcb

1,

1992.

Note:

This twelfth condition has been suggested by Olin.

The Board believes that paragraph

1 clearly states the expiration

of the variance, but accepts

this suggested revision as

a

restatement

of Olin’s unequivocal commitment

to fully comply

by

March

1,

1992.

Olin states,

“Under any scenario,

however, Olin

does not propose to extend the overall period of the variance.”

Motion at

p.

5.

Conc1usion

Olin’s request appears reasonable based on the circumstances

presented in their petition.

The Board finds

that it

is

appropriate

to provide for the relief

requested by Olin and to

make minor corrections

to the Order, provided compliance will be

achieved by the same March

1,

1992 deadline.

Based on Olin’s request,

the Agency’s supporting comments

and the Board’s evaluation of Olin’s

representations, the Board

believes the modifications are appropriate and involve no

substantial adverse environmental impact.

This Opinion constitutes the Board’s findings of fact and

conclusions of

law.

ORDER

The Board hereby modifies

the variance granted to Olin

Corporation, Joliet Plant,

by Board Order of February 7,

1991.

The variance with modifications

is reproduced here in its

entirety.

Olin Corporation

is hereby granted

a variance from

35

Ill. Adm. Code 212.321

as applied to the scrubbers

in Buildings A

and B, Joliet Plant,

Joliet,

Illinois, subject

to the following

terms and conditions:

122—39

---

—6—

1.

The variance period shall extend from January

24, 1991 until March 1,

1992.

2.

Olin shall complete all testing and minor

modifications on the A—North scrubber as

follows:

A)

Not later than four weeks after resuming

operation of the A—North kiln, Olin shall

complete all engineering matrix tests and

the evaluation of any modifications,

if

necessary.

In addition, Olin shall

notify

the Agency

in the first monthly

report subsequent to Olin’s resuming

operations at A—North.

Olin shall inform

the Agency of

the date when operations

resumed and of all activities completed

or planned

to achieve compliance using

the A—North scrubber.

3)

Not later than five months after resuming

operation of the A—North kiln,

but

in no

event

later than March

1,

1992, Olin

shall complete

its evaluation of the

impact of engineering modifications at A—

North.

3.

Olin shall complete modifications at the B—

North scrubber,

as

follows:

A)

Not later than April

1,

1991, Olin shall

complete modifications to the B—North

scrubber and perform engineering matrix

tests

for all products.

B)

Not later than July

31, 1991, Olin shall

complete the evaluation of the impact of

any engineering modifications,

if

necessary,

and all tests, evaluations and

further engineering modifications.

4.

Olin shall

install an additional scrubber

(BECO Smoke Ring Contactor and Mist Master)

at

B—South and implement the optimization

schedule as

follows:

A)

Not

later than January

31,

1991, Olin

shall

install the BECO scrubber system.

B)

Not later than June

30,

1991,

Olin shall

complete matrix tests,

evaluation of the

performance of the additional scrubber

and optimize unit performance.

122—40

---

—7—

C)

Not later than September 30,

1991, Olin

shall evaluate any further engineering

modifications,

if necessary.

5.

Olin shall complete modifications to the A—

South scrubber, as follows:

A)

If operation at the A—South kiln will be

resumed on or

before January

1,

1992,

then not later than January

1,

1992,

Olin

shall complete engineering modifications

to the A—South scrubber, based on the

evaluations made pursuant

to paragraphs

2(B),

if completed,

3(3) and 4(3).

In

addition, Olin shall also notify the

Agency in the first monthly report

subsequent

to Olin’s resuming operations

at A—South.

Olin shall inform the Agency

of the date when operations resumed and

of all activities completed or planned to

achieve compliance using the A—South

scrubber.

B)

In any event,

not later than March

1,

1992 Olin shall complete matrix tests and

optimize unit performance and complete

any further engineering modifications,

if

necessary.

6.

Monthly progress reports are to be made to the

Agency.

The reports should be submitted

to:

Regional Manager

Division of Air Pollution

Control

Illinois ~nvironmental

Protection Agency

1701 First Avenue

Maywood,

Illinois

60153

7.

Olin shall evaluate its progress and submit

a

report by October

1,

1991 indicating whether

compliance

is anticipated

by the end of the

variance period.

8.

Olin shall maintain the scrubbers consistent

with its optimization and maintenance schedule

which was attached as Exhibit

D to the Third

Amended Petition.

122—4 1

---

—8—

9.

Olin shall test to insure compliance, prior

to

expiration of the variance period.

Notification

is

to be given to the Agency no

later than fifteen days prior to compliance

testing.

10.

Olin shall comply with all provisions of any

construction permits issued by the Agency for

additional scrubbers for the tripoly A and B

buildings.

11.

Within forty-five days of the grant of the

variance, Petitioner shall execute and forward

to Renee A. Stadel,

Division of Legal Counsel,

Illinois Environmental Protection Agency,

P.O.

Box 19276, Springfield,

Illinois, 62794—9276,

a Certificate of Acceptance and Agreement to

be bound by all terms and conditions of the

granted variance.

This grant of variance

shall be null and void if Petitioner fails

to

execute and deliver its certification in

accordance with this paragraph.

The form of

Certification shall be as follows:

CERTIFICATION

I

(We), _________________________

,

hereby

accept and agree

to be bound by all terms and

conditions of the Order of the Pollution

Control Board

in PCB 89—72,

May

9,

1991.

Petitioner

Authorized Agency

Title

Date

12.

The period of this variance shall,

in any

event,

expire on March

1,

1992.

122—42

---

—9—

Section 41 of the Environmental Protection Act,

Ill. Rev.

Stat. 1987,

ch. lll~,par.

1041,

provides for appeal of

final

Orders of the Board within

35 days.

The Rules of the Supreme

Court of Illinois establish filing requirements.

IT IS SO ORDERED.

J.D. Dumelle abstained.

I,

Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

~2

day of ______________________,

1991, by a vote

of

~

*

~.

Dorothy M.

G4kin, Clerk

Illinois Pol’~utionControl Board

122—43