ILLINOIS POLLUTION CONTROL BOARD
June
22,
1978
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 77—342
KOPPERS COMPANY,
INCORPORATED,
a Delaware Corporation,
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr. Goodman):
This matter comes before the Pollution Control Board
(Board)
upon the Complaint filed December 28,
1977 by the Environmental
Protection Agency (Agency) alleging that Koppers Company, Incor-
porated
(Koppers),
violated Section
9(a)
of the Environmental
Protection Act
(Act).
More specifically, Koppers
is alleged to
have caused the emission of phthalic anhydride flakes beyond its
property line and into the atmosphere
so
as to cause air pollu-
tion as defined by Section
3(d)
of the Act.
A hearing was held on the matter on May 10,
1978,
and as a
result of extensive negotiations between the Agency and Koppers,
a stipulation and proposal for settlement was submitted to the
Board.
Koppers owns and operates a manufacturing facility
in
Stickney, Illinois with
an address of 3900
Sout;h
Laramie, Chicago,
Illinois.
This facility produces phthaiic anhydride and tar pro-
ducts, employs approximately 190 persons, and has a payroll of
over $2 million.
The phthalic anhydride process was installed
in
1969,
and the environmental control systems installed on the pre-
mises represent a capital investment
in excess of $2.2 million,
with an annual operating cost of approximately $600,000.
The
annual capacity of the plant
is 216 million pounds of phthalic
anhydride.
Production from the phthalic anhydride plant
is the
sole or principal source of supply for 11 companies
in Illinois.
30—523
—2—
Between May, 1977 and May 1,
1978,
there were occasions
when gaseous phthalic anhydride escaped from Koppers’ control
system and,
upon reaching the atmosphere,
changed from gas to
small
flakes
of
solid
phthalic
anhydride,
said
flakes
being
“contaminants”
as defined in Section
3(d)
of the Act.
Because
of the extremely light weight of the flakes,
they were subject
to
being
wind-blown
beyond
Koppers’
property
line.
On
October
11, 1977 and November
17, 1977,
flakes were deposited on and
near
vehicles
parked
at
truck
terminals
adjacent
to
Koppers’
property.
Koppers
does
not admit to violating Section 9(a)
of
the Act, but has not refuted the Agency’s contention
in the
settlement
agreement.
The deposit of solid phthalic anhydride flakes on vehicles,
when combined with water, causes minor damage to the paint.
If
the emissions remain upon painted surfaces for substantial time
periods, buffing or repainting may be required.
Koppers has
attempted to settle all property damage claims on an amicable
basis.
As
a result of negotiations between the Agency and Koppers,
the parties offer a stipulation and proposal for settlement
in
lieu
of
a
full
hearing.
The
stipulation
sets forth that Koppers
shall:
1.
take
sufficient
measures
to
provide
that
its
control
equipment
is
properly
maintained
so
as
to
prevent
the
escape of phthalic anhydride
flakes
into
the
atmosphere;
2.
cease
and
desist
from
further
violations
of
Section
9(a)
of
the
Act;
3.
pay a penalty of $1,000 within
35
days
of
the
date
of
the
Board
Order.
it
should
be
noted
at
this
point
that
Koppers
installed
voluntarily,
as
of
May
1,
1978,
sublimate boxes
in which
the
gaseous
emissions
condense
into
solid
matter
which
can
be
removed
periodically.
The
Cook
County
Department
of
Environ-
mental Control was informed of Koppers intentions and kept
up-to-date on its progress with monthly progress reports until
its completion.
As of May 1,
1978,
the entire system was
in
operation.
3O—52t~t
—
3~-
In view of the facts,
the Board accepts the proposed settle-
ment stipulation.
The Board finds that the installation of the
sublimate box control system
is likely to bring Koppers into
compliance with the Act and that Koppers has shown its good faith
efforts by voluntarily installing this control system.
This Opinion constitutes the finding
of
facts and conclusion
of law of the Board in this matter.
ORDER
It
is the Order of the Pollution Control Board that:
1.
The parties shall comply with
all
the terms
of
the stipulation and settlement proposal filed
May 10,
1978, which proposal
is incorporated
by reference as if fully set forth herein.
2.
Koppers Company, Incorporated, shall cease and
desist from further violations of Section 9(a)
of the Environmental Protection Act.
3.
Koppers Company, Incorporated, shall pay a penalty
of $l,000,00,
Payment shall be made by certified
check or money order,
payable to the State
of
Illinois, within
35 days of the date of this
Order.
Payment shall be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
Illinois
62706
I,
Christan L. Moffett, Clerk of the Illinois Pollution
Control Board,
hereby certify the
above Opinion and Order
were adop~edon the
~
day of~,
1978 by a
vote of
S’~
()
Christan
L,
Moffe1~.
Clerk
Illinois Pollutio
ontrol Board
~~1\
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