ILLINOIS POLLUTION CONTROL BOARD
April 27,
1989
MONSANTO COMPANY,
)
Petitioner,
)
v.
)
PCB 88—206
)
Docket B
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Respondent.
)
JAMES T. HARRINGTON AND JOHN VAN VRANKEN, OF ROSS
& HARDIES,
APPEARED O~1BEHALF OF THE PETITIONER.
JAMES O’DONNELL APPEARED ON BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD (by J. Marlin):
This matter comes before the Board on
a Petition for
Variance filed by Monsanto Company
(Monsanto)
on December
30,
1988.
Monsanto is seeking variance from 35 Ill.
Adm. Code
215.966
for certain volatile organic material
(VOM)
emissions
from its W.G.
Krummrich plant located
in the Village
of Sauget.
Specifically,
the variance request involves emissions from 42
sources of
its nitrated chlorobenzene
(NCB) process.
The Illinois Environmental Protection Agency
(Agency)
filed
its Recommendation
on March
2,
1989.
In its Recommendation, the
Agency recommends
that the Board grant Monsanto a variance until
March
31,
1990 subject to the conditions which
are
set forth
in
the Agency’s Recommendation.
~ hearing
was held
in
this matter on March
3,
1989.
At
hearing, Monsanto amended
its Petition concerning uncontrolled
emission data
as well
as the proposed compliance plan.
By
its Order of April
6,
1989,
the Board ordered Monsanto to
clarify
the record as
to whether Monsanto’s uncontrolled emission
rate was sufficient
to trigger applicability
of Subpart RR in
which Section 215.966
is contained.
Monsanto filed
a Response
to
that Order on April
17,
1989.
In
the Response Monsanto states
that the plant’s uncontrolled VOM emissions which are not subject
to Subparts B,
E,
F,
,N,
P,
Q,
R,
S,
U,
V7
X,
Y or
Z exceed 100
tons and
that the sources which
are
the subject of the variance
request
are subject
to Subpart RR.
(Monsanto Response,
p.3).
The W.G.
Krumrnrich plant
is Monsanto’s second oldest plant;
it was purchased
in 1917.
The plant employs 775 people.
It
produces
15 different types of chemical intermediates
in the
98—267
2
Specialty Chemicals, Detergents and Phosphates,
and Rubber
Chemicals Divisions.
(R.
22).
NCB
is
a product of a reaction between nitric acid and
nionochlorobenzene (MCB).
Monsanto manufactures
paranitrochlorobenzene and orthonitrochlorobenzene which are
isomers of NCB.
(R.
9).
According to
a Monsanto witness,
the
plant
is the sole source of NCB, both PNCB and ONCB,
in the
State.
Additionally,
the record indicates that Monsanto has only
one U.S. competitor
in the production of NCB.
However,
there are
six major foreign competitors in West Germany, Japan,
and
France.
Evidently,
eastern European bloch countries also
manufacture NCB.
Monsanto,
though,
is
the world’s largest
producer
of NCB.
(R.
23—24).
NCB
is
a component
in the manufacture of chemicals whose end
products include yellow inks and pigments, non—aspirin pain
relievers,
glass window plastic interlayer, synthetic polymers,
pesticides,
tires
and rubber hoses.
(R. 24).The NCB process at
the plant employs
54 people.
(R.
24).
Paul Haechrel, who works
as an Environmental Specialist at
the plant,
testified that “prior
to the Pollution Control Board’s
adoption of the revised definition of VOM in January,
1988,
the
emissions
from this
ENCB
process were not considered
to be
specified air contaminants”.
(Ft.
12).
He further testified:
Once
the
new
definition
of
VOM
was
promulgated,
Monsanto met
with
the
Illinois
Environmental
Protection
Agency
to
discuss
applications for permits for sources that now
required permits.
Pursuant
to
a
schedule
agreed
to
by
the
Agency, Monsanto submitted
a number of permit
applications,
including
the
one
for
this
process.
Not
until
Monsanto
began
testing
and
gathering data on the NCB process
in order
to
complete
the
permit
application
did
it
determine
that
these
sources would
not meet
the
control
requirements
in
35
Illinois
Administrative Code, Section 215.966.
(B.
12).
Section 215.966 requires compliance with
an 81
reduction in
uncontrolled emissions by April
1,
1989.
Haechrel staLed
that
the only way Monsanto could comply by that date
is
to shut down
the NCB process.
(R.
12).
98—268
3
Max W. McCombs, who
is the plant’s General Superintendent
for Government and Environmental Affairs, addressed the impact
of
shutting down the NCB process at the plant.
Since
NCB
is
a
key
raw
material
for
many
other
products within
Monsanto,
any
loss
in
NCB
production would
be
directly felt
at
the
plant
and
throughout
the
company
in
many
distinct product lines.
Any shutdown of this unit could be permanent,
and
could
irreparably
damage
Monsanto’s
NCB
business.
The
worldwide
NCB
market
is
currently
suffering
from
a
shortage
of NCB.
Shutdown
of
Monsanto’s
NCB
unit
would
create
additional
shortages
of
this
necessary
product.
Shutdown
of
the
NCB
process
at
the
plant
would
result
in significant annual
losses
to
Monsanto.
A
shutdown would
also immediately
jeopardize
the
employment
of
fifty—four
persons who are
involved in the NCB process at the plant, and
indirectly
impact
employment
of
others
throughout Monsanto.
The
NCB
process
is
also
an
integral part
of
many other processes at the plant.
Since
the
NCB
process
supplies
these
other
operations
with a necessary raw material they would also
be
forced
to
shut
down.
Because
of
the
worldwide
shortage,
the
NCB
could
not
be
replaced by outside purchases.
(B.
24,
25—26).
According
to Monsanto,
the 42 sources which are the subject
of the variance request have an uncontrolled emission rate of 67
tons per year
(TPY).
However,
the current emission level,
factoring
in
a certain degree of control which currently exists,
is
44 TPY.
(B.
11).
Thirty
of
the
42 sources
(source designation numbers:
107,
108,
109,
110,
111,
112,
165,
170,
173,
176,
403,
405, 416,
417,
418.,
419,
428,
431,
440,
442,
501,
508,
510,
523,
524,
539, 546,
547,
550 and
552)
currently vent to
a scrubber
—
identified as
“135 scrubber”.
The emissions from the scrubber are 39 TPY
(62
if calculated
as uncontrolled).
(Ft.
10,11).
98—269
4
The 12
other sources
(source designation numbers:
301,
302,
303,
304,
306,
314,
317,
318,
319,
320,
325 and 397) vent
to the
atmosphere through four separate vents.
The twelve sources do
not have controls and emit
5 TPY.
Proposed Compliance Plan
Monsanto is proposing
to modify its process and install
equipment in order
to bring
its emissions from these 42 sources
into compliance with the 81
reduction requirement by March
31,
1990.
At hearing Haechrel described the proposed control
program.
The
control
system
includes
three
components.
The
first
component
will
tie
together
the
vents
from
sources
301,
302,
303,
304,
325,
and 397,
and discharge
these
emissions
into
the
top
of
an
existing
MCB
surge
tank,
source 398.
(This
source
is
in
compliance
with
the
Board’s
Air
Pollution
Regulations,
and,
therefore,
is not included
in the sources
for
which this Variance
is sought.)
A
new
scrubber will
be
installed on the vent
of the 398 tank.
Cool
liquid
MCB
in
source
398
will
be
the
scrubbant,
and
circulated
from
the
tank
through the scrubber.
This cooling
and
scrubbing
of
the
vent gases
will significantly reduce emissions.
Currently the
total
VOt4 emissions
from these
sources
are
less
than
one
TPY.
This
component
of
the
control
system will
reduce
these emissions by
at least 81.
The
second
component
will
encompass
a
major
process
change,
whereby
the
emissions
from
sources
306,
314,
317,
318,
319, and 321 will
be vented into a water
tank,
source
378
(this
source
is
in compliance
with
the Board’s Air
Pollution Regulations
and,
therefore,
is not
included
in
the
sources
for
which
this
V~riance is
sought),
and
from
there
into an
existing condenser.
The
condenser
will
be
coiled
sic
by
non—
contact cooling water from cooling towers.
98—270
5
By
dropping
the
temperature
of
the
vent
stream,
the
gases
will
be
condensed
and
returned
to
tank
378,
thereby significantly
reducing emissions.
Currently
these
sources emit approximately
4
TPY.
This
component
will
reduce
these
emissions by at least 81.
The
third
component
of
the
control
program
will vent
30
sources
(Numbers
107,
108,
109,
110,
111,
112,
165,
170,
173,
176,
403,
405,
416,
417,
418,
419,
428,
431,
440,
442,
501,
508,
510,
523,
524,
539,
546,
547,
550,
and
552)
through
a
new
scrubber
which
will
use
NOB
as
a scrubbant.
Currently these
thirty
sources,
along with
a
tank car loading facility area, are vented
to
the
135
scrubber
which
has
a
37
efficiency
in reducing all these emissions.
The
thirty sources will be disconnected
from
the 135 scrubber
and will be directly vented
to
the
new scrubber
where
the gases will
be
absorbed by the scrubbant.
The
scrubbant
will
be
collected
in
scrubber
tank
535
(this
source
is
in compliance with
the
Board’s
Air
Pollution
regulations,
and,
therefore,
is not included in the sources for
which
this Variance
is sought.)
Current
VOM
emissions
from
these
thirty
sources
are
approximately
39
TPY.
If
uncontrolled,
these
emissions
would
be
approximately 62 TPY.
This
component
of
the
control
system
will
reduce
these
uncontrolled
emissions
by
a
minimum of 81.
The 135
scrubber will continue
to be used
to
control
emissions
from
the
tank
car
loading
facility
area
(which
is
not
part
of
this
Variance
request).
With
the
reduced
load on
the
135
scrubber,
it
will
control
those
emissions by at least 81.
All
of
the
control
equipment
just described
will
be
designed
to
achieve
the
stated
VOM
emission
reductions
at
maximum
loading
conditions.
98—27 1
6
In
fact,
design specifications will
call
for
at
least
85
control
in
order
to ensure
81
removal at maximum loading conditions.
Therefore,
at
the
end
of
the
compliance
program,
Monsanto
will
have
achieved
VOM
emission
reductions
in
excess
of
the
81
requirement.
Once
the
new
emission
control
system
is
in
operation,
total
VOM
emissions
from
the
subject sources will
be approximately 12 TPY,
a
total
reduction
of 32 TPY from the current
44
TPY,
and
a
reduction
of
approximately
55
TPY
from
the
uncontrolled
emissions
of
67
TPY.
(B.
13—16).
Agency Recommendation
In its Recommendation,
the Agency states that the W.G.
Krurnmrich plant
is located
in St. Clair County,
and that St.
Clair County
is
in
a non—attainment area with respect
to the
national ambient air quality standard (NAAQS)
for ozone.
As
to
Monsanto’s
current emissions
the Agency states:
As
a
major
hydrocarbon
source,
in
an
ozone
nonattainment
area,
Monsanto
to
an
unquantified
degree,
contributes
to
the
nonattainment
of
NAAQS
for
ozone
in the
St.
Louis
Metro East area.
(Ag. Rec.,
p.2).
However,
the Agency agrees with Monsanto that the only
method for
complying with
the April
1,
1989 compliance date
imposed by Section 215.966
is
for Monsanto to shut down.
The
Agency asserts that such an option
is economically unreasonable.
The Agency recommends
that the Board grant Monsanto
a
variance
subject
to conditions which are set forth
in the
Recommendation.
On the issue
of consistency with federal
law, Monsanto
states that U.S.
EPA ,has not approved Section 215.966
as
a part
of Illinois’
State Implementation Plan
(SIP).
Monsanto reasons
that
since U.S.
EPA
has not yet approved the rule,
a
variance
from the rule will not violate federal law and will not conflict
with the current
SIP.
(Pet.,
p.
13).
98—272
7
The Agency agrees that
the U.S. EPA has not yet approved
Section 215.966.
The Agency further contends that
if the Board
grants
a variance subsequent to such approval,
the variance would
have to be submitted to U.S. EPA by a SIP revision.
Findings
Monsanto’s current emissions from the sources subject to the
variance request total 44 TPY.
Monsanto is
requesting
a variance
in order
to implement controls and achieve compliance
in less
than one year from now.
Agency agrees with Monsanto that the
only alternative
to
a variance
is for Monsanto to shut down.
Given all the circumstances of this case,
the Board
finds that
denying Monsanto
a variance would
impose an arbitrary or
unreasonable hardship.
Consequently,
the Board will grant
Monsanto
a variance from Section 215.966 subject
to conditions.
The Board accepts the variance conditions which were recommended
by the Agency.
The Board has made some wording changes
to the
recommended conditions and has added
a beginning date
of June
1,
1989
for the submission of quarterly progress reports.
Monsanto
has agreed
to the Agency—suggested expiration date of March 31,
1990 and apparently has no objection
to the other recommended
conditions.
(Ft
26—27).
The Board notes that Monsanto filed
its
Petition on December
30,
1988, well before
the April
1 compliance
deadline.
The Board will begin
the variance period retroactively
to April
1,
1989.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
Monsanto Company
(Monsanto)
is hereby granted variance from
35
Ill. Adm. Code 215.966
for its volatile organic material
(VOM)
emissions from 42 sources
involved
in the nitrated chlorobenzene
process at the W.G. Krummrich plant, Village
of Sauget,
and which
are identified by the following source designation numbers:
107,
108,
109,
110,
111,
112,
165, 170,
173,
176,
301,
302,
303,
304,
306,
314,
317,
318,
319,
320,
325,
397,
403,
405,
416, 417,
418,
419,
428,
431,
440,
442,
501,
508,
510,
523,
524,
539,
546,
547,
550 and 552.
This variance
is
subject
to the following
conditions:
1.
The variance shall
begin April
1,
1989
and expire March
31,
1990.
2.
Monsanto shall achieve compliance
by completing
the
following actions
in
the month and year corresponding
to
each action:
Action
Month/Year
a)
Binding agreement made for
5/89
98—27 3
8
design of process
b)
Application for construction
6/89
permit
c)
Construction permit approved
9/89
d)
Binding agreement made for
9/89
purchase of equipment
e)
Field construction initiated
9/89
f)
Equipment delivered to site
11/89
g)
Construction and installation
1/90
complete
h)
Equipment started up and tested
2/90
to demonstrate compliance
i)
Equipment fully operational
3/90
3.
Beginning June 1,
1989, Monsanto shall submit to the
Illinois Environmental Protection Agency quarterly
progress reports which detail progress made in
Monsanto’s efforts
to achieve compliance in accordance
with this variance.
These quarterly reports shall
be
sent to:
Mr. John Justice,
Regional Manager
Division of Air Pollution Control
Illinois Environmental Protection Agency
2009 Mall Street
Collinsville, Illinois
62234
4.
During the term of this variance, emissions from the
sources which are the subject of this variance
(listed
above) shall
not exceed 44
tons per year.
5.
Prior
to the expiration of this varianc, Monsanto shall
cause
tests
to be conducted
in order
to
insure
compliance with 35
Ill. Adm. Code 215.966.
Monsanto
shall notify the Agency that such testing will occur
at
least ten days prior
to the conducting of the test.
6.
Within 45 days after the date of this Order, Monsanto
shall execute and send to the Agency
a Certificate
of
Acceptance of this variance by which
it agrees
to
be
bound by
the terms and
conditions
contained herein.
The
executed Certificate shall
be sent to:
98—274
9
Illinois Environmental Protection Agency
Attention:
James O’Donnell
Enforcement Programs
2200 Churchill Road
Springfield, IL
62794—9276
The 45—day period shall be held
in abeyance for any
period during which this matter
is appealed.
Failure
to
execute and forward
the Certificate within
45 days
renders
this Variance void and of
no force and effect.
The form of the certification shall be as follows:
CERTIFICATION
I,
(We)
,
having read
the Order
of the Illinois Pollution Control Board
in PCB 88—
206(B),
dated April
27,
1989, understand and accept
the Order,
realizing
that such acceptance renders all terms and conditions
thereto binding and enforceable.
Petitioner
Authorized Agent
Title
Date
Section
41
of the Environmental Protection Act,
Ill. Rev.
Stat.
1987,
ch.
lll_l/~, 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.
I, Dorothy
ri. Gunn, Clerk of the Illinois Pollution Control
Board,
hereby certify that the above opinion and Order was
adopted on the ~
day of
~
,
1989, by
a vote
of _________________________
Control Board
98—275