ILLINOIS POLLUTION CONTROL BOARD
January 19,
1978
COLLIER CARBON
& CHEMICAL CORPORATION,
)
)
Petitioner
)
V.
)
PCB 77~285
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION
AND ORDER OF THE BOARD
(by Mr. Goodman):
On November
3,
1977, Collier Carbon and
Chemical
Corporation
(Collier),
a subsidiary of Union Oil Company of California,
filed
a Petition before the
Board
seeking variance from Rule 203(b)
of
the Board~sAir Pollution Regulations
(Chapter
2),
In its Peti-
tion, Collier waived its right to a hearing.
The Environmental
Protection Agency
(Agency)
filed its Recommendation on December
2,
1977.
No hearing has been held
in
this
matter.
Collier operates a facility
for calcining green petroleum
coke upon its premises located near
the city
of Lemont, Will
County,
Illinois.
Collier seeks a
variance to
continue to dis-
charge levels of particulates in excess
of Rule
203(b)
from its
waste heat
boiler installed in 1976.
Collier
was previously
granted a variance from the Board for
the
period of shake
down
of its waste heat boiler and particulate emissions control
system
(PCB77—48).
The factual background
of
this case has
been
detailed
in our Opinion
in
PCB77-48.
r1~?1dt
varience
expires
February
1,
1978.
Collier has
now
deternii nod
that:
installation
of additional particulate control equipment is necessary for
it
to
meet the 34,4 lbs./hr. particulate standard of Rule
203(b)
and that such revisions cannot be completed prior to January
1,
1980.
In addition to the request
for variance from the particulate
standard itself, Collier requests that
it
be allowed to use the~
29 —81
—2—
Power Code rather than EIA Method
5 testing procedure to demon-
strate compliance and tCat
it be allowed to deduct from its
particulate emissions the portion
of particulate attributable
to the quench water,
The Board finds that a
variance from Rule 203(b)
is warranted.
.~ollierhas demonstrated
good
faith
in its attempt to achieve
com-
pliance.
The waste heat
boiler,
a
prototype operation,
conserves
energy, which is in
the best interests of the State of Illinois.
The Board finds
that denial of
a
variance to allow Collier
to ex-
ceed the standard
while installing further pollution control
equip-
ment would
constitute
an
arbitrary and unreasonable hardship.
However,
the Board finds
that
a
variance until January
1, 1980 is
not warranted but that an
abbreviated schedule is feasible.
We
will,
therefore,
only extend Collier’s variance until
July
1, 1979.
During the period
of the variance, Collier’s particulate emissions
shall not exceed
60 lbs./hr.
Because the variance involves install-
ation of new
pollution control equipment,
the Board will require
posting of a
performance bond~.
The Board finds the
bare allegation of the Agency that the
U.S. EPA Train Method
5
is
more
~
in measuring par-
ticulate emissions
is not sufficient to overcome the request by
Collier that It be allowed to use
a standard, time tested, ASME
method which would
not need correction for precipatated sulfates.
Furthermore,
in response to Collier’s request to deduct from its
emissions the
portion that is attributable to the quench water,
the
Board finds no
evidence of any significant contribution to
total particulate
emissions due to the quench water.
The Board
will,
therefore,
deny this request as unnecessary.
This Opinion
constitutes the findings of fact and conclusions
of law of the Board
in this matter.
ORDER
it
is the
Order of the Pollution Control Board that Collier
Carbon
and.
Chemical Corporation be granted a variance from Rule
203(b)
of Chapter
2 from February 1,
1978 to and including July
1,
1979, subject to
the following conditions:
1.
Collier’s
emissions shall not exceed
60 lbs/hr.
of particulate
matter from the waste heat boiler during
the life of the variance;
29
—
82
2.
~ci~
28
-lays
~
uie
date
of
ts
.rc!er
ar~s.cnt.tnaing
on c~b’
re
the
tsr.~
‘
‘r
eacJ.
monti
::eet~or, Collie,
shall
s’ibn’~
wrst~enreç-rts
~o
t~ieAgency
tetail‘.s~
0’
progress
made towa:t
ccmplianc(.
durinc
Ut
-
rez.crtsng
I.cnoQ.
The
reports
shall
b’~s tnt
to:
lilinoss
E.;vii:,
•
ntal
P.ctez’L
on
Agenc”
Divtsicn af AS’
tlutio
C
n1
“1
Control
Proaran.
sozd1na~
2i30 Churchill Sc.aa
Springfield,
Xlii
~.s
627Co
3.
Collier shall apply for aid
obtain
f:”n
dte
Agency all necessary state construction a~
-
opera-
ting
permits;
4.
Collier
shall
adhera
to
~
compltarce
,:hedule
designed to achieve
ccmplsance
with Rule
3(b) by
July 1, 1979;
5.
Collier
shall
immediate i’.
notify
the
‘aency,
at tie address listed in ron..ition *2, wh?r
:t
decides on a type of contzo.~ezuipment;
a.
Within twen
Py-cne
(21)
c..
~
of the Pc
Sion
Control
Board’~
Order herein, Collior sha1.s post
a
performance
bond in a form satisfactory to the
Agency
in the
amount
of $10,000 to ins’.ce
..ipli—
ance
with
the
research
and
cc.z’trol
~c~ca~.
Said
bond
shall
be
sent
to:
Illinois
Environmental
Protection
Agency
Control
Program
Coon).’notot
2200
Churchill
Road
Springfield,
Illinois
62706
7
Within
45
days
of
the
adoption
0±
this
Order,
Collier
Carbon
and
Chemical
Corporatio’
shafl
execute
and forward to
both
the Illinois Envi
r~s’mentalProtec-
ion
Agency,
2200 Churchill Road, Sprirgf:eld, Illinois
62”06 and the Pollution Control
Board a
Certification
of Acceptance
and
Agreement to be bound to all terms and
n-85
conditions of this Order.
The 45
day
period
shall
be
held in abeyance during any period
this
matter is
being
appealed.
The form of said certification shall be
as
follows:
CERTIF ICATION
I
(We),
having
read
and
fully
understanding the Order of the Illinois Pollution Control
Board
in
PCB 77-285 hereby accept said Order
and.
agree
to
be
bound by all of the terms and conditions thereof.
SIGNED_____________________
TITLE_______________________
DATE__________________________
1,
Christan
L.
Moffett,
Clerk
of
the
Tll~nois
Pollutlon
Control
Board,
hereby
certify
the
above Opinion and Order were
dopted on
theJ~day
of
,
1978
by
a
vote
of
—o
Christan
L.
Moff
lerk
Illinois
Pollution
ontrol
Board
29
—84