ILLINOIS POLLUTION CONTROL BOARD
    April
    6,
    1989
    MONSANTO COMPANY,
    )
    )
    Petitioner,
    v.
    )
    PCB 88—206
    )
    Docket B
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by 3.
    Marlin):
    On December
    30,
    1988, Monsanto Company
    (Monsanto)
    filed
    a
    Petition for Variance
    (Petition)
    in this matter seeking variance
    from 35
    Ill.
    Adm.
    Code 215.966
    for
    42 sources
    of volatile organic
    material
    (VOM) originating from Monsanto’s Nitrated Chlorobenzene
    (NCB) process.
    In relevent part,
    Section 215.960
    states that requirements
    of Subpart RR of Part 215 only apply
    to
    a plant’s miscellaneous
    organic chemical manufacturing procesa emission sources
    if
    certain process emission sources of the plant emit more than 100
    TPY when uncontrolled.
    Monsanto’s Petition states:
    The
    NCB process
    includes
    a
    large
    number
    of
    VOM
    emission
    sources.
    A
    number
    of
    these
    sources,
    as
    currently
    operated,
    will
    be
    in
    compliance
    with
    35
    Ill.
    Adrn.
    Code
    Section
    215.966
    and
    are
    not
    the
    subject
    of
    this
    variance.
    The
    remaining
    sources,
    as
    identified
    below,
    are
    the
    subject
    of
    this
    variance petition.
    (Pet. p.2).
    The Petition goes on to identify the
    42 sources which are the
    subject of
    the variance
    request and asserts that those sources
    have an uncontrolled emission rate
    of 110 tons per year
    (TPY).
    At hearing
    on March
    3,
    1989, Monsanto amended
    its Petition by
    stating
    that the sources subject
    to the variance
    request have an
    98—83
    2
    uncontrolled emission rate of
    67 TPY1.
    (R.6).
    The original
    Petition also states that the current emission level
    (after some
    control) for the
    42 sources
    is 44 TPY.
    (Pet.
    p.2).
    The March
    2,
    1989 Illinois Environmental Protection Agency
    (Agency) Recommendation states:
    If
    uncontrolled,
    emissions
    from
    the
    NCB
    process would
    be
    67 tons per year.
    *
    *
    *
    The allowable
    emissions
    for
    the NCB process
    after
    April
    1,
    1989
    the
    compliance
    date
    prescribed
    by
    35
    Ill.
    Adm.
    Code
    215.966
    are
    12.73
    tons per year... The current emissions,
    if
    uncontrolled
    would
    be
    approximately
    67
    tons per year.
    (Ag.
    Rec.
    p.3,4).
    The Agency also recommends
    as
    a variance condition
    “that
    total
    VOM emissions from the NCB sources
    shall not exceed
    44 TPY during
    the variance period.”
    (Ag.
    Rec. p.4).
    The Agency Recommendation seems to suggest that the total
    uncontrolled emissions
    of the NCB process
    is currently
    67
    TPY.
    However, Monsanto seems
    to
    he asserting
    that only the
    42
    sources
    of
    the NCB process which are subject to the variance request have
    an uncontrolled emission rate of
    67 TPY and that there are other
    NCB sources subject
    to Subpart RR of Part 215 which are not a
    part
    of the variance request.
    The record
    is not cleat
    on the
    issue
    of Monsanto’s
    total uncontrolled emissions.
    Monsanto
    is directed
    to respond to the following questions:
    1)
    Is the
    total amount of uncontrolled process emissions from
    sources not regulated by Subparts
    B,
    E,
    F,
    N,
    P,
    Q,
    R,
    S,
    U,
    V,
    X,
    Y,
    or
    Z
    of Part 215,
    at Monsanto’s W.G.
    Krummsich Plant,
    equal
    to or greater
    than 100 TPY?,
    and
    2)
    Given the current
    uncontrolled emissions estimates does Subpart RR apply to
    Monsanto’s plant?
    As this question concerns facts
    not already
    in the record,
    appropriate affidavits
    should verify Monsanto’s
    response.
    Monsanto’s
    response should be received by the Board and the
    Agency not later
    than April
    17,
    1989.
    If the Agency wishes
    to
    ~~fb~anto
    also made changes
    to
    its proposed compliance plan at
    hearing.
    (R.
    6—7).
    Given the amendments
    to Monsanto’s Petition,
    the Board finds that the 120—day statutory decision period
    started anew beginning March
    3,
    1989.
    The Board intends
    to act
    on this case
    as expeditiously as possible.
    98—84
    3
    respond
    to Monsanto’s filing
    it should file
    its own response on
    or
    before April
    24,
    1989.
    IT IS SO ORDERED.
    I, Dorothy
    M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify
    that t~heabove Order was adopted on
    the
    _______
    day of
    ________________,
    1989,
    by
    a vote
    of
    7-c
    Dorothy M.,~nn, Cleik
    Illinois ~c~11ution Control Board
    98—85

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