ILLINOIS POLLUTION CONTROL BOARD

April

4,

1975

E.I.

DU PONT DE NEMOURS

& CO.,

)

INC.,

)

Petitioner,

)

)

v.

)

)

PCB 75—60

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

)

OPINION AND ORDER OF THE BOARD

(by Mr.

Zeitliri)

This

case

comes before the Pollution Control Board

(Board)

on a

Petition of

E.I. DuPont Dc Nemours

& Co.(Du Pont),

to extend a previously

granted Variance from Rule

207(d) (2)

of

the Board’s Air Pollution Regulations

(relating to nitrogen oxides)

for Petitioner’s

two weak nitric acid

plants located at

its Seneca Works,

in LaSalle County,

Ill.

The Petition,

filed February 11,

1975,

asks

that

the Board extend

the prior variance

from March

30,

1975

to May

31,

1975.

As

the basis of

its Petition Du

Pont alleges

that

it has been unable to meet compliance dates established

under prior Variances due

to failures in equipment delivery by the

suppliers of

its air pollution control equipment.

Pollution Regulations.

This matter originally came before the Board

in

a similarly entitled

case,

PCB

73—325.

In

its decision in that matter, the Board,

on October

18,

1973 granted Du Pont a Variance until July

1.5,

1974,

from the provisions

of Rule 207(d)(2).

During that period,

Du Pont was

to have installed

Union Carbide Pura—Siv “N’ molecular sieves

to control its emission ~f

NO2

into the atmosphere.

(The conditions of

that Order were modified in

a further Order

çl,#ted December 13,

1973. PCB

73—325,

10 PCB 331

(1973).)

The Variance was then extended

to March

31,

1975 by the Board on

October

10,

1974 in PCB

74—142.

14 PCB 117.

The Board in that case

found that Du Pont’s delays in compliance were due

to delivery delays

similar to

those alleged in the instant case,

and

that such delays arose

without any fault on the

part of Du Pont.

The Board was of

the Opinion

that a failure to grant such an extension in the face of Du Pont’s

continuing good faith would constitute an arbitrary and unreasonable

hardship.

The prior Variance cases in

this matter adequately describe Du

Pont’s Seneca Works,

and the processes giving rise

to

the N02. emissions

for which this Variance extension is sought.

In both prior cases the

Illinois Environmental Protection Agency

(Agency)

recommended that the

requested Variances be granted,

as is again the case in

this matter.

16— 321

---

The Agency in its Recommendation states

that

there is no evidence indicating

that

flu

Pont is acting in bad faith,

and that

the

further delays appear

to be beyond Du Pont’s control.

The Board in its prior decisions noted

that

flu Pont is expending in

excess of $500,000 to achieve compliance at its

Seneca Works. The Board

also notes

that the failure

to grant this short

extension would result

in considerable financial loss

to Du Pont, and that a shut—down of the

subject nitric acid plants would result in the

loss of between

4 and 12

jobs among Du Pont’s employees.

The Board further finds

in this matter

that the extension here granted will result

in little environmental

damage.

(While the data submitted

by Du Pont in

PCB

74—142 remains open

to question,

it still remains probable—as was there noted—that this

extension will not result

in any violation of primary or secondary

ambient air quality standards relating to nitrogen oxides.)

The same factors which led the Board to agree with the Agency’s

Recommendations in granting the prior Variances lead the Board to again

find that

a denial of this extension would constitute an arbitrary and

unreasonable hardship.

The

Board,

in reaching an expedited decision

in this matter, does

so as

a result of a further showing of good faith on

the part of

flu

Pont.

As noted

in the Variance Petition in the instant case,

flu Pont

intends to shut—down the subject facilities at the conclusion of

its

present variance on April

1,

1975.

flu Pont again noted its intent

to

remain in strict compliance with Rule 207(d) (2)

by shutting down the

offending facilities in an oral communication to the Board on March

31,

1975.

flu Pont

in that communication also made an oral Motion for early

consideration of this matter.

Although that Motion clearly fails to

comply with the Board’s Procedural Rule as regards Motions,

the Board

may in its discretion accept and

act on such a Motion,

and does so here.

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 Petitioner E.I.

Du Pont De Nemours & Co.

be granted

a Variance from Rule 207(d)

(2)

of

Chapter

2:

Air Pollution,

of

the Board’s Rules and Regulations,

for

Petitioner’s

#1 and

1/2 weak nitric acid plants at

its Seneca facility,

from March

30,

1975 until May

31,

1975,

or the date on which the Union

Carbide Pura—Siv “N” molecular sieve controls

for those plants are

installed and operating, whichever

is sooner,

subject to the following

conditions:

1.

Petitioner shall continue to submit

to the Environmental

Protection Agency, Division of Air Pollution Control,

2200 Churchill

Road, Springfield,

Illinois

62706,

bi—monthly progress reports

detailing:

16—322

---

—3—

a.

Progress made

on the installation of

the molecular sieve

controls for plant #1 and

1/2;

b.

The amounts of acid produced by Petitioner’s plants #1,

#2, and

#3

at

the

Seneca facility;

c.

The amounts

of acid needed to meet Petitioner’s internal

and external demands.

2.

Plants #1 and #2 shall be operated only when plant

#3 cannot

meet demands, whether internal or

external.

3.

Petitioner shall apply for and obtain all applicable permits

relating to construction of

the Pura—Siv “N” molecular sieve control

systems for #1 and #2 weak nitric acid plants.

4.

The bond posted in compliance with the Board’s Order in PCB 73—

325,

and extended under the Board’s Order in PCB

74—142,

shall, within

35 days of the entry

of

this Order, be renewed and appropriately redated

to

cover

the

period

of

this

variance

extension.

5.

Within 35 days

of the date of

this Order Petitioner

shall

execute and forward to the Environmental Protection Agency,

Control

Program Coordinator,

at the address noted above,

a certification of

acceptance of the Variance hereby granted.

The form of such certification

shall

be as follows:

CERTIFICATION

I

(We)

_____________________________________

having

read

and

fully

understood

the

Order

of

the

Illinois

Pollution

Control

Board

in

PCB

75—60,

hereby

accept

said

Order

and

the

Variance granted thereby,

understanding that

such acceptance

is irrevocable and renders

binding all terms and conditions thereof.

Signed

__________________________________________

Title

__________________________________________

Date

___________________________________________

I,

Christan

L. Noffett, Clerk of

the Illinois Pollution Control

Board hereby certify the above Opinion and Order were adopted on

the

4*~\

day of

_______________________,

1975 by a vote

of

~

to

C~D

Christan

L. Noffett, (G~~k

Illinois Pollution C~trolBoard

16