ILLINOIS POLLUTION CONTROL BOARD

May 22,1975

STEPAN CHEMICAL COMPANY,

Petitioner,

v.

)

PCB 74—425

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board) upon Stepan Chemical Company’s

(Stepan)

petition for

a variance authorizing the discharge of carbon monoxide from

Stepa&s phthalic anhydride production at Stepan’s Millsdale

Plant in excess of the limits set by Rule 206(c)

of the

State of Illinois Air Pollution Regulations.

Rule 206(c)

states:

Petroleum and Petrochemical Processes.

No person shall

cause or allow the emission of

a carbon monoxide waste

gas stream into the atmosphere from a petroleum or

petrochemical process unless such waste gas stream is

burned in

a direct flame afterburner or carbon monoxide

boiler so that the resulting concentration of carbon

monoxide in such waste gas stream isless than or equal

to

200 ppm corrected to

50 per cent excess air,

or such

waste gas stream is controlled by other equivalent air

pollution control equipment approved by the Agency

according to the provisions

of Part

1 of this Chapter.

The ambient air quality standards for carbon monoxide

as promulgated by Rule 310 of Chapter

2 of the Air Pollution

Regulations are:

(1)

a maximum 8—hour concentration not to be

exceeded more than once per year of 10 milligrams per

cubic meter

(9 ppm);

and

(2)

a maximum 1—hour concentration not to be

exceeded more than once per year of 40 milligrams per

cubic meter

(35 ppm).

Stepan’s Millsdale plant, located on the Des Plaines

River in Will County, produces phthalic anhydride,

liquid

detergent intermediaries,

dry cleaning emulsifiers, poly—

methane foam systems and high purity specialties for the

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cosmetic industry.

The focus of Stepan’s petition is on its

phthalic anhydride facilities,

a basic industrial chemical

used in the manufacture of paints and coatings, pharma-

ceuticals,

resins and plastics.

Stepan’s phthalic anhydride

plant is one of two in Illinois and is the principal source

of supply for 11 companies in Illinois which purchase

lO~O0O,O00pounds per year from Stepan.

The phthalic anhydride process consists of the reaction

of orthoxylene with oxygen to produce phthalic anhydride

whjch is condensed, fractionated and sold as liquid or

flaked material.

The waste gases are disposed through a 75

foot stack.

The CO concentration in the emission is approx-

imately 5000 ppm and is emitted at a rate of 900 lbs/hr.

Dr.

Babcock testified that 900 lb/hr is approximately

.1% of

CO emitted to the affected air quality region.

CO accounts

for.3% of pollution in the area, therefore Stepan’s CO

emissions are about .004% of the air pollution in the region

on a toxicity basis.

In order for Stepan to come within Rule 201(c),

a 96%

removal efficiency would be required.

The EPA states that

the only currently available technology for carbon monoxide

control

is thermal incineration.

This method would consume

an additional 5,000,000 gallons of fuel oil or 700,000,000

cubic feet of fuel gas per year.

Besides increasing costs

of production by 20%,

Dr. Babcock states that the incine-

ration process would cause emissions “roughly two to three

times as adverse as the original emissions associated with

the carbon monoxide alone.”

(R.87)

In addition,

Dr. Babcock

made an analysis by dispersion modeling of the possible

effects of Stepan’s discharge on the local area.

His con-

clusion was:

“that it was very unlikely that Stepan’s

emission could cause the ambient air quality standards to be

exceeded.”

(R85)

ArRo Laboratories monitored the ambient air to de-

termine whether Stepan’s CO emissions significantly con-

tributed to lowering the ambient air quality from July 31,

1974 to September

3,

1974,

Four monitoring stations were

erected, monitoring the air quality

24 hours a day.

The

locations were

as’ follows:

south,

1400 feet @ 1910; west,

850 feet

@ 239~ north,

1100 feet

@ 354~ and east,

1800

feet

@ 1000.

The carbon monoxide content of the ambient air

without Stepan’s emissions was

2 ppm.

The monitoring showed

that, for the majority of the period involved, the ambient

carbon monoxide was

2 ppm, including Stepan’s emissions.

During this period the Rule

310,

8 hour standard, was vio-

lated once.

ArRo states that this violatior was due to

automobile exhaust rather than Stepan’s emissions.

It is

evident that Stepan’s carbon monoxide emissions do not have

a significant impact upon ambient air quality for the re-

gion.

This conclusion

is substantiated by both Dr. Mittle-

hauser’s and Dr.

Babcock’s testimony at the hearing.

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Stepan is investigating the development of

a cold

catalytic system by which it intends to bring the emissions

into compliance with air pollution regulations.

Stepan’s

program schedule is given below.

This s~eduleis based

on technical and economic information known to Stepan to

date which leads Stepan reasonably to expect that a com-

mercially feasible cold catalytic oxidation system can be

developed and constructed at its Millsdale phthalic anhydride

plant by January 31,

1978.

1.

October

31, 1975

Complete Northwestern University

bench study.

2.

December 31, 1975

Complete pilot plal3t design.

3.

March

31,

1976

Complete construction of pilot

plant at Milisdale phthalic anhydride

plant.

4.

October

31, 1976

Complete pilot plant study.

5.

January

31,

1977

Complete commercial system design;

apply for construction permit.

6.

January

31,

1978

Complete construction of commercial

system at Millsdale phthalic anhydride

plant; begin operation.

7.

Up until October 31,

1976,

should the Illinois Environ-

mental Protection Agency inform Stepan that

a commercially

feasible control system for carbon monoxide from a partial

oxidation production plant similar to Stepan’s Millsdale

plant is available,

and assuming that full information with

respect to such carbon monoxide control technology

is then

made available to Stepan,

Stepan will forthwith familiarize

itself with that technology and shall within a reasonable

time apply for a construction permit for its Millsdale

phthalic anhydride plant

if,

in the opinion of Stepan and

the Illinois EPA, such other system

is of comparable or

greater feasibility than the particular technology to which

Stepan is as that time committed.

Pursuant to this schedule, Stepan should comply with

Rule 206(c)

on or before January 31,

1978.

Stepan is spon-

soring a graduate student and two faculty members from

Northwestern University

to perform a research project on the

technical feasibility of controlling, by low temperature

catalytic oxidation, carbon monoxide emissions from waste

gas streams generated within Stepan’s phthalic anhydride

facility.

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In addition to sponsoring the research project above,

Stepan has entered into an agreement with Larox Research

Corporation,

by which Larox will make its investigations of

cold catalytic systems available to Stepan.

In the past,

the Pollution Control Board has granted

variances where there was no existing technology and the

petitioner had made

a good faith showing that it was con-

ducting an ongoing research program.

Mobil Oil Corpor-

ation v.

EPA, PCB 73-452,

13 PCB 179

(1974); Koppers Com-

pany,

Inc.

v. EPA PCB 73-365

(1973); Trojan-U.S. Powder

Co.

v. EPA, PCB 7-32

(1974);

Union Oil Company of California,

PCB 72—477

(1973).

To deny the variance in the instant

action would require utilization of existing control tech-

nology which not only would be expensive, but would have an

adverse impact upon energy demand and the environment.

Such

a ruling would impose an arbitrary and unreasonable hardship

upon Stepan while actually injuring the public and environ-

ment.

Stepan has adequately met the ambient air quality

criteria as set forth in Train v. NRDC,

Inc.,

43 USLW 4467

(US No.

73—1742 April

16,

1975)

The Board will grant Stepan’s variance pursuant to

certain conditions recommended by the Agency.

This Opinion constitutes the finding of fact and con-

clusions of law of the Pollution Control Board.

ORDER

It

is the order of the Board that Stepan Chemical

Company is granted

a variance from Rule 206(c)

for one year

from the entry of this Order, subject to the following

conditions:

a)

Petitioner shall adopt the following schedule.for

installation of

a cold catalytic oxidation system:

1.

October

31, 1975

Complete Northwestern University

bench study.

2.

December 31, 1975

Complete pilot plant design.

3.

March

31, 1976

Complete construction of pilot

plant at Millsdale phthalic anhydride

plant.

4.

October

31,

1976

Complete pilot plant study.

5.

January

31,

1977

Complete commercial system design;

apply for construction permit.

6.

January

31,

1978

Complete construction of commercial

system at Millsdale phthalic anhydride

plant; begin .operation.

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7.

Up until October

31,

1976,

should the Illinois Enviroii~

mental Protection Agency inform Stepan that a commercially

feasible control system for carbon ironoxide from a partial

oxidation production plant similar to Stepan’s Milisdale

plant is available,

and assuming that full information with

respect to such carbon monoxide control technology

is then

made available to Stepan, Stepan will forthwith familiariz

itself with that technology and shall within a reasonable

time apply for a construction permit for its Milisdale

phthalic anhydride plant if,

in the opinion of Stepan and

the Illinois EPA,

such other system is of comparable or

greater feasibility than the particular technology to which

Stepan is as that time committed.

b)

Commencing twenty-eight

(28) days after the date of

the Board Order and continuing on or before the tenth of

each month thereafter, Petitioner shall submit written

reports to the Agency detailing all progress made toward

compliance during the reporting period.

The reports shall

be sent to:

ENVIRONMENTAL PROTECTION AGENCY

Control Program Coordinator

2200 Churchill Road

Springfield, Illinois

62706

c)

Petitioner shall apply to the Agency for all nec-

essary construction permits.

d)

Within twenty-eight

(28)

days of the Pollution

Control Board’s Order herein, ‘Petitioner shall post a per-

formance bond in a form satisfactory to the Agency and in

the amount of $25,000 to insure compliance with the research

program.

Said bond shall be sent to:

ENVIRONMENTAL PROTECTION AGENCY

Control Program Coordinator

2200 Churchill Road

Springfield, Illinois

62706

IT

IS SO ORDERED.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order~

were adopted on the

~

day of

—

,l975

by a vote of

________________

C)

Illinois Pollution

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