ILLINOIS POLLUTION CONTROL BOARD
March 20, 1997
W.R. GRACE & CO. - CONN.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 96-193
(Variance - Air)
ORDER OF THE BOARD (by J. Theodore Meyer):
This matter is before the Board on a March 13, 1997 joint motion to clarify the
Board’s February 6, 1997 order. The parties state that the language in paragraphs A(3)
and A(4) was not the exact language proposed in the parties’ Proposed Compliance
Plan, and request the Board to restore the original language for purposes of clarity.
The Board grants the parties’ motion. The second sentence in paragraph A(3)
which stated “[t]he studies shall include any Agency modifications” is amended to
read:
The studies undertaken by Grace will include consideration and
evaluation of all matters requested by the Agency to be included in the
scope of studies.
The second sentence in paragraph A(4) is amended to include the phrase “based
on the supporting documentation” and reads as follows:
Upon receipt, the Agency shall evaluate the conclusions based on the
supporting documentation and either concur or reject the proposed
compliance method as expeditiously as possible, but in any event, no
later than July 15, 1997.
The order, as amended, is set forth below in its entirety.
ORDER
For its facility located at 6050 West 51
st
Street, Chicago, Cook County, Illinois
petitioner, W.R. Grace & Co.-Conn. (Grace), is hereby granted a two-year extension
of variance from the Board’s testing requirements under 35 Ill. Adm. Code 218.106(c),
218.940(b), 218,946, 218.948 and 218.Subpart UU as to its solvent mixer loading
operation. This variance shall commence retroactively on March 16, 1996 and
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terminate on March 16, 1998. Grace is also granted a variance from the testing
requirements under 35 Ill. Adm. Code 218.106(c), 218.940(b), 218,946, 218.948 and
218.Subpart UU as to its catalytic oxidizer. This wholly retroactive variance shall
commence on March 15, 1996 and terminate on October 25, 1996. Finally, Grace is
granted a variance from the Board’s emission control requirements under 35 Ill. Adm.
Code 218, Subpart QQ, and the related recordkeeping and reporting requirements
under 35 Ill. Adm. Code 218, Subpart UU and Section 9(b) of the Environmental
Protection Act (Act) as to its solvent mixer loading operations and its catalytic oxidizer.
(415 ILCS 5/9(b) (1994).) This variance shall commence retroactively on August 15,
1996 and terminate on May 15, 1998.
This grant of variance is subject to the following conditions:
A. Grace shall submit by January 15, 1997, detailed outlines for studying
other possible methods of compliance, as set forth in subsection (1)
below.
1. The outlines shall detail studies of catalytic oxidation, enclosed
flare and other options, as appropriate for control devices,
pursuant to the following:
a) A catalytic oxidizer study shall, at a minimum, include
information as to feasibility and safety concerns regarding
use of the following:
(1) VOM monitors, or a series of monitors in the duct
work leading to the catalytic oxidizer;
(2) Warning systems capable of diverting emissions
that exceed the lower explosive limit to an
emergency bypass stack;
(3) The installation of rupture discs and flame
arresters in the duct work leading to the catalytic
oxidizer; and,
(4) The effects of installation of a dilution box in the
duct work leading to the catalytic oxidizer.
b) An enclosed flare study shall provide information on all
aspects of the use of a flare for emissions control.
c) Grace may also submit outlines for any other control
device it wishes to study.
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2. Each such outline shall include all test methods and procedures to
be used during the studies, all appropriate emission factors and a
timeframe for completion of the studies.
3. Each such outline shall be subject to modification and approval
by the Agency prior to commencement of the studies. The
studies undertaken by Grace will include consideration and
evaluation of all matters requested by the Agency to be included
in the scope of studies. The Agency shall complete evaluation
and approval of each outline no later than February 1, 1997.
4. Grace shall submit the conclusions reached during the course of
the investigations, including all supporting documentation, test
methods and procedures to the Agency as they become available,
but in any event, no later than July 1, 1997. Upon receipt, the
Agency shall evaluate the conclusions based on the supporting
documentation and either concur or reject the proposed
compliance method as expeditiously as possible, but in any event,
no later than July 15, 1997.
5. In the event that the Agency concurs with the proposed
compliance method, the following items shall be completed:
a) A purchase order for control equipment shall be initiated
by August 1, 1997;
b) Control equipment shall be installed and operational by
April 1, 1998; and,
c) All necessary testing of the control equipment shall be
conducted and submitted to the Agency by May 15, 1998.
B. During the pendency of the variance, Grace shall submit to the Agency
by the first of each month, monthly progress reports documenting
progress made on the studies delineated in paragraph A above, as well as
monthly emissions estimates. These progress reports, outlines and
studies shall be submitted to:
Illinois Environmental Protection Agency
Bureau of Air
2200 Churchill Road, P.O. Box 19276
Springfield, Illinois 62794-9276
Attn: Compliance Section Manager
and
Illinois Environmental Protection Agency
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Bureau of Air
1701 First Avenue
Maywood, Illinois 60153
Attn: Compliance Section Manager
C. Grace shall submit all required construction and operating permit
applications, including an amendment to its pending Clean Air Act
Permit Program (CAAPP) application to the Agency’s Permit Section
Manager at the Springfield address in Paragraph B, as required to meet
all applicable regulatory requirements under the Act and the deadlines in
this variance.
D. By April 1, 1998, Grace shall comply with 35 Ill. Adm. Code 218,
Subpart QQ and by May 15, 1998 with Subpart UU.
IT IS SO ORDERED.
If Grace chooses to accept this variance subject to the above order, within forty-
five days of the grant of variance, Grace must execute and forward the attached
certificate of acceptance and agreement to:
Tina Archer
Division of Legal Counsel
Illinois Environmental Protection Agency
P.O. Box 19276
2200 Churchill Road
Springfield, Illinois 62794-9276
Once executed and received, that certificate of acceptance and agreement shall
bind Grace to all terms and conditions of the granted variance. The 45-day period shall
be held in abeyance during any period that this matter is appealed. Failure to execute
and forward the certificate within 45 days renders this variance void. The form of the
certificate is as follows:
CERTIFICATION
I (We), ______________________________________________, hereby accept
and agree to be bound by all the terms of the Order of the Pollution Control Board in
PCB 96-193, March 20, 1997.
_________________________________
Petitioner
_________________________________
Authorized Agent
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_________________________________
Title
_________________________________
Date
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994))
provides for the appeal of final Board orders within 35 days of the date of service of
this order. The Rules of the Supreme Court of Illinois establish filing requirements.
(
See also
35 Ill.Adm.Code 101.246 "Motions for Reconsideration.")
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby
certify that the above order was adopted on the _____ day of ___________, 1997, by a
vote of ______________.
___________________________________
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board