ILLINOIS POLLUTION CONTROL BOARD
    May 24,
    1990
    JEFFERSON SMURFIT CORP.,
    )
    Petitioner,
    v.
    )
    PCB 90—101
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Marlin):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated May 22,
    1990.
    The recommendation refers to
    a request from Petitioner, Jefferson Smurfit Corp.,
    for a 30—day
    provisional variance from the sulfur dioxide emissions
    limitations for sources located in metropolitan areas, as set
    forth in 35
    Ill. Adm.
    Code 214.141, for the period commencing May
    18,
    1990.
    Upon receipt of the request, the Agency issued its
    recommendation,
    concluding that the failure to grant the
    requested 30—day provisional variance would impose an arbitrary
    or unreasonable hardship on Petitioner.
    Jefferson
    Sinurfit Corp.
    operates two coal-fired boilers
    (6
    and 7)
    and two small gas-fired package boilers
    (8 and
    9)
    at, its
    Alton plant,
    in Madison County.
    These produce steam for its
    paper mill production of paperboard for cardboard products.
    Boiler
    6
    is down for repairs, rendering boiler 7,
    with a
    operating rate of 300,000 pounds of steam per hour
    (approx.
    454
    MMbtu per hour),
    essential
    to continuing plant production.
    Section 214.141 and Jefferson Smurfit’s operating permit limit
    its sulfur dioxide
    (SO2)
    emissions
    to
    1.8 lb/MMbtu.
    Jefferson Smurfit has one source of coal with a SO2 content
    less than 1.8 lb/MMbtu (Consolidation Coal Co.,
    in Mt. Vernon,
    Illinois).
    However,
    recent storms have disrupted Consolidation
    Coal Co. ‘s ability to ship coal with a verified SO2 content less
    than
    1.8 lb/MMbtu.
    Consolidation Coal recently informed
    Jefferson Smurfit that it has a
    30 car consignment of coal ready
    for shipment, but that coal might exceed the maximum allowable
    SO2 content
    (variable test results at the mine indicated 1.78
    lb/MMbtu).
    Consolidation will not have other coal available for
    shipment for at least
    a week.
    Jefferson Smurfit’s current coal supplies for boiler
    7 were
    to have run out on May 18.
    This left Jefferson Smurfit with the
    options of
    (1) acdepting the ready shipment, which may exceed 1.8
    lb SO2/MMbtu,
    and continuing plant operations;
    (2) operating
    1
    I——429
    2
    boiler
    7 on natural gas and continuing plant operations;
    or
    (3)
    ceasing or sharply curtailing plant operations.
    Natural gas is more expensive than coal,
    and it is only
    available to Jefferson Smurfit on contract in limited quantities.
    Smurfit needs to preserve its natural gas allotment for
    maintenance shutdown of its coal boilers.
    Using natural gas
    would therefore jeopardize its boiler maintenance program.
    A shutdown of plant operations would cause economic losses
    of tens of thousands of dollars each day.
    It would also result
    in the temporary layoff of hundreds of
    employees.
    The Agency states that Jefferson Smurfit has not yet
    received provisional variance relief in 1990.
    The Agency asserts
    in its recommendation that “failure
    to allow Smurfit to burn
    this marginally noncompliant coal for a short—term period would
    create an arbitrary and unreasonable hardship.
    Further, since
    the coal ‘supplier forced the problem on Smurfit with a timing
    such that no other coal supplies were immediately available,
    Smurfit would experience an arbitrary and unreasonable hardship
    in pursuing a normal variance
    .
    .
    .
    .“
    The Agency opines that
    “adverse
    environmental impacts from this provisional variance
    are expected to be minimal.
    .
    .
    .
    It is clear that any
    exceedance of the limitation any additional
    SO2 loading of the
    area’s atmosphere would be minimal.”
    The Agency believes that
    the burning of natural gas “does not appear reasonable given the
    minimal environmental impact expected,’’ and that
    a curtailment of
    production “would not be reasonable
    in light of the imposition of
    sevcre economic loss on hundreds of Smurfit employees.”
    The Agency recommendation outlines Jefferson Smurfit’s
    compliance program:
    Jefferson Smurfit would burn the
    questionable coal for a limited time of
    30 days or
    less, after
    which time Consolidation Coal will have remedied its problems and
    reacquired the ability to ship compliant coal.
    For these
    reasons, the Agency recommends that the Board grant Jefferson
    Smurfit the requested provisional variance from the requirements
    of 35 Ill. Adm. Code 214.141 subject to certain condition.
    In light of the Agency Recommendation,
    the Board hereby
    grants
    a provisional variance from 35 Ill. Adm.
    Code 214.141 from
    May 18, 1990 through June 17,
    1990,
    subject to the following
    condition:
    Emissions of sulfur dioxide from Jefferson Smurfit Corp.’s
    coal—fired
    emissions sources shall not exceed 2.0 lbs SO2
    per MMbtu of actual heat output.
    IT IS
    SO ORDERED.
    Board Member J.D.
    Dumelle concurred.
    11
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    —
    -4.
    3
    I,
    Dorothy M.
    Gurin, Clerk of the Illinois Pollution Control
    Board
    do hereby certify that the above Order was adopted on the
    day of ____________________________,
    1990, by a vote of
    7-C
    )r2~
    .L~
    Dorothy M. Øunn,
    Clerk
    Illinois Po’llution Control Board
    111—431

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