ILLINOIS POLLUTION CONTROL BOARD
    March
    19,
    1981
    GETTY SYNTHETIC FUELS,
    INC.,
    Petitioner,
    v.
    )
    PCB 80—171
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    MR. LOUIS M.
    RUNDIO, JR., McDERMOTT, WILL AND EMERY, APPEARF~DOt’T
    BEHALF OF PETITIONER.
    MR.
    PETER
    E.
    ORLINSKY
    APPEARED
    ON
    BEHALF
    OF
    RESPONDENT.
    OPINION
    AND ORDER OF THE BOARD
    (by
    I.
    Goodman):
    On September 24,
    1980 Getty Synthetic
    Fuels,
    Inc.
    (Getty)
    filed a permit appeal before the Board alleging that the Illinois
    Environmental Protection Agency (Agency) had erred in including
    certain provisions in Getty’s operating permit.
    Hearing was he1~
    in this matter on December 12,
    1980; there was no testimony
    by the public at the hearing and the Board has received no written
    public comment.
    At the hearing the Agency moved to dismiss
    the
    appeal.
    The
    motion to dismiss
    is hereby denied.
    Although there is considerable procedural history herein,
    the
    major issue involved is the characterization of Getty’s methane
    recovery facility located at the site of a landfill
    in Cook County,
    Illinois.
    This facility includes a landfill gas gathering system
    and a processing plant.
    The purpose
    of the facility is
    to gather
    the gas that naturally forms when
    solid waste in a landfill
    decomposes and to extract the relatively high percentage of methane
    contained therein.
    The methane thus produced is a high-Btu pipe-
    line quality gas suitable for industrial
    and residential use.
    During the recovery of the methane from the landfill gas certain
    other constituents are separated out,
    including certain hydrocarbons~
    heavier
    in molecular weight than is methane, termed “heavy hydrocar-
    bons”.
    Approximately 220 pounds of heavy hydrocarbons are sepa-
    rated from the gas each hour during the recovery process.
    Approximately 90
    of the 220 pounds per hour of heavy hydro-
    carbons produced are removed through a condensation process.
    The
    residual heavy hydrocarbons that remain after condensation, emitt~i
    at a rate of about 20 pounds per hour, are then subjected to
    a process known
    as “gas stripping” which reduces the residual
    heavy hydrocarbon emissions to a rate of
    7 pounds per hour.
    41—97

    In issuing the permit to Getty,
    the Agency characterized the
    facility as
    a petrochemical manufacturing process, based upon cer-
    tain constituents of the heavy hydrocarbons separated from the gas
    stream during the process
    (Tr.70,77).
    The Agency therefore con-
    siders that Getty is subject to Rule 205(g)(1)(C)
    of chapter
    2
    and,
    in addition, Rule 205(f)
    since the process
    is using organic materi.~1~.
    Rule 205(g)(1)(C) addresses emissions from petrochemical manufac~-
    turing processes and Rule 205(f)
    is designed to apply to sources
    not otherwise specifically addressed under the hydrocarbon rule.
    The limitations of both rules
    for the purposes of Getty’s
    situatior~
    are identical:
    no more than
    8 pounds
    of emission per hour or,
    in the alternative,
    an 85
    reduction of all uncontrolled emissions.
    On the other hand, Getty argues that the methane recovery operation
    is not a petrochemical manufacturing process hut more closely
    resembles an air pollution control facility controlling emissions
    from a separate source,
    namely the landfill.
    Getty therefore
    argues that the correct rule to apply is Rule 205(f),
    and that
    the correct source is the landfill.
    The first issue is whether Getty’s facility is
    a petrochemical
    manufacturing process and thus subject to Rule 205(g)(1).
    If
    it
    is not a petrochemical manufacturing process, a further issue is
    whether the emission subject to Rule 205(f)
    is that being discharge~i
    by the landfill, as Getty argues,
    or that being discharged from
    the recovery plant itself, as argued by the Agency.
    The recovery facility is a
    new
    type of facility and does not
    clearly fit into any of the specific categories of the hydrocarbon
    rule.
    Most certainly, this was not the sort of operation or
    facility envisioned by the Board when
    it
    promulgated Rule 205(g)(i)~
    which governs petrochemical manufacturing processes.
    The mere
    presence of a
    small amount of nonmethane hydrocarbons, even if
    they can be described as ultimate feed stocks derived from petroleur’i,
    does not alone determine the operation to be
    a petrochemical process.
    The Board finds that Getty~smethane recovery operation is not ~
    petrochemical process subject to Rule 205(g)(1).
    Both parties contend,
    and the Board agrees, that Rule 205(f)
    contains the limitations with
    which Getty’s facility must
    comply.
    The issue remaining is whether Gettys facility
    is an air pollution
    control device controlling emissions from a source (the landfill),
    or whether the facility itself
    is the source and the gas stripping
    operation the pollution control device.
    The decision will determine
    what emissions are to be the baseline for the determination of an
    85
    reduction,
    the 220 pounds per hour from the landfill or the
    20
    pounds per hour from the recovery operation.
    The Board is not
    persuaded by Getty’s argument that the recovery operation is
    a
    pollution control device.
    If Getty’s
    contention is true then it
    must be prepared to take responsibility for all emissions from the
    landfill.
    Getty does not own the landfill and there is no evidencu
    that it exercises such degree of control over the landfill as to
    have
    a duty to accept responsibility for its environmental regu-
    latory compliance.
    The avowed purpose of the facility is
    41—98

    not to stop the emission of pollutants
    into the air from the
    landfill, but rather to
    “...
    make a profit.”
    (Tr.23).
    Getty’s
    facility is
    “...
    of a type capable of emitting specified air
    contaminants to the atmosphere”,
    the definition of an emission
    source under Rule 101.
    The Board finds that Getty’s facility is
    an emission source subject to Rule 205(f)
    of Chapter
    2.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board in this matter.
    ORDER
    1.
    This matter is remanded to the Illinois Environmental
    Protection Agency for further action consistent with the Opinion
    herein.
    2.
    The Illinois Environmental Protection Agency’s motion
    at hearing for dismissal is denied.
    Dr. Satchell concurred.
    IT IS SO ORDERED.
    I,
    Christari L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Opinion and Order
    were adopted on the
    /‘f
    ~
    day of
    ~
    -,
    1981 by a vote
    of
    ~
    .
    Christan
    L. Moff~t~,Clerk
    Illinois Polluti~Control Board
    41—99

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