ILLINOTS POLLUTION CONTROL BOARD

December 5, 1974

)

)

ENVIRONMENTAL PROTECTION AGENCY

)

)

)

v.

)

PCB 73-514

)

)

NATIONAL PHOSPHATE CORPORATION

)

)

MR. MARVIN I. MEDINTZ, Assistant Attorney General, appeared on

behalf of the Environmental Protection Agency;

MR. MICHAEL I. REAGEN and MR. JOSEPH GUERRINI, of Berry and O’Conor,

appeared on behalf of National Phosphate Corporation;

OPINION AND

ORDER OF THE

BOARD (by Mr. Dumelle)

The Agency filed this complaint, consisting of four counts,

on December

7, 1973.

Respondent, National Phosphate Corporation is a Louisiana

Corporation authorized to do business in the State of Illinois.

Violation are alleged against its Marseilles, LaSalle County

plant, which produces diammonium phosphate, a -fertilizer. The

plant consists of four sub-plants: a phosphate rock grinding

and handling facility, a sulphuric acid plant, a phosphoric

acid plant, and a diammoniuin phosphate plant. These facilities

went back into operation about April 1, 1972, after having been idle

since 1968. There are 135 persons employed at the plant (3-31-74)

with a payroll of $1,389,296.73 for 1973. Property taxes paid were

$29,211.94 in 1972.

The Agency alleges violations of the Act, the Rules and

Regulations Governing the Control of Air Pollution, and the Air

Pollution Regulations on four counts as follows:

COUNT I

Respondent is alleged to have operated a rock-grinding

and handling facility, a sulfuric acid plant, and a phosphoric

acid plant without first obtaining an operating permit from the

Environmental Protection Agency (EPA), in violation of Rule 103(b)

of the Air Pollution Regulations and Section 9(b) of the Act.

COUNT II

Respondent is alleged to have installed, on or about April 1,

1972, a Brinks Demister on its sulfuric acid plant without

first obtaining a construction permit from the EPA. This is a

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violation of Rule 3-2.110 of the Rules and Regulations Governing

the Control of Air Pollution, which was in effect at the time,

pursuant to Section 49(c) of the Act.

COUNT III

Respondent is alleged to have operated a rock-grinding

facility

from April

1,

1972, in a manner which caused the emission

of particulates in amounts which constituted a violation of

Rule 3-3.111 of the Rules and Regulations Governing the Control

of Air Pollution and Section 9(a) of the Act.

COUNT IV

Respondent is alleged to have caused •the emission of particulates,

sulfur dioxide, sulfur acid mist, fluorides and other matter into

the atmosphere, since April 1, 1972, in violation of Section 9(a) of

the Act.

A hearing was held on October 3, 1974, at which time no

testimony was offered but a Stipulation and Proposed Settlement

was submitted to the Board.

The following numbered paragraphs are cited from the Stipula-

tion:

5. “The Agency has received various citizen complaints

regarding the Respondent facility and other plants in the

same geographic area.

7. The Respondent states and the Complainant is informed

and believes, based upon information submitted to the Agency

in the permit process by the Respondent, that all emissions

from the Respondent facility are currently in compliance

with the Illinois Pollution Control Board Rules and Regulations

Governing Air Pollution.

8. Prior to the commencement of this enforcement action the

Respondent applied for an operating permit for the rock-grinding

and handling facility. This application was denied, pending

the construction of the baghouse dust collectors. The con-

struction of the baghouse dust collectors was completed prior

to the commencement of this action and the Agency was notified

of that fact and the operating permit application process

was reactivated. That operating permit was granted by the

Agency at approximately the time of the drafting of the

complaint herein.

9. On or about December 7, 1972, the Respondent applied

for an operating permit for the sulphuric acid plant. On

or about March 14, 1973, that application was denied by the

letter dated March 14, 1973 which stated that,

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—592

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rcyollr

application for the

above referenced operating

permit is denied because the discharge or emission

of

contaminants into the environment

from

the

equipment

referenced above would cause or tend to cause air

pollution in

Illinois either

alone or in combination

with contaminants from other sources. The Agency will

consider a new application from you for an operating

permit so long as the application contains information

which remedies the deficiencies stated above’1.

The Respondent had several phone conversations with the Agency

regarding this action but no further steps were taken.

with respect to the phosphoric acid plant, the Respondent

applied for an operating permit on December 7, 1972. By letter

dated January 18, 1973, the Agency informed the Respondent that

the permit was deemed not filed because of certain inadequacies

with respect to the information submitted. On or about April 24,

1973, the Respondent submitted to the Agency the requested informa-

tion. No further correspondence transpired with respect to that

operating permit application.

10. The Respondent made no attempt to apply for a construction

permit for the Brinks Demister. The Brinks Demister is an

item of emission control equipment on the sulphuric acid

plant which is believed by the Respondent to have a reduction

efficiency of approximately 99.3.

SETTLEMENT

11. Respondent will take all necessary steps to immediately re-

activat3 its applications for operating permits with respect

to the sulphuric acid plant and the phosphoric acid plant.

12. National Phosphate shall, in the future, notify the Agency

Emergency Action Center, Area Code 217/782-3637, in the event

that a leak, spill or equipment malfunction occurs which

releases any significant amount of ammonia into the atmosphere;

that in the event of such release of significant amounts of

ammonia the Agency and the Respondent shall work together

to prevent or minimize any adverse environmental effects or

impact caused by said occurrence.

13. Respondent shall perform hourly Reich Tests for monitoring

sulphur dioxide emission or, in the alternative, Respondent

may install and operate an instrument capable of continuously

monitoring and recording sulphur dioxide emission from the

sulphuric acid plant. Such instrument shall conform in all

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manner to the

requirement of

subparts 60.84 (A-c)

Part 60, CIT. 1, Title 40 of the Code of Federal Regulations,

entitled Standards of Performance for New Stationary Sources

as published in the Federal Register, Vol. 36, No. 247-

Thursday, I)ecember 23, 1971. Whenever the sulphur

dioxide emission rate exceeds 2000 ppm average two hours

concentration as measured by the above instrument, the

sulphuric acid plant will be shut down. Upon correction

of the condition or conditions causing said sulphur dioxide

emission rate in excess of 2000 ppm, the plant may resume

normal operations.

14. A record of the above-described testing results shall

be maintained at the plant site for a period of two years

after each such test. Said data shall be available for

inspection by Agency representatives during all working

hours in accordance with the provisions of the Act.

15. Respondent agrees to pay a civil penalty in the

amount of $2,500.00 with respect to the violation of

failure to have a construction permit for the installation

of the Brinks liemister.

16. Respondent agrees to obtain all permits required by

law with respect to the construction and operation of the

Brinks Demister.

17. The Agency withdraws Count I based upon the facts as

recited in the background herein; Respondent admits the

violation alleged in Count II; the Age~ncywithdraws Count

III because the issuance of the permit for the rock-handling

facility and the installation of the baghouses, in connection

with the application for said permit, have rendered the

Count both moot and not readily susceptible of proof; the

Agency withdraws Count IV for the reason that the installation

of the Brinks Demister has rendered the air pollution problem

alleged therein both moot and not readily susceptible of

proof.”

The Agency believes, and the Board concurs that the public

interest and the purposes of the Act will best be served (Stip. t~l8)

by a prompt resolution of this action under the terms and conditions

herein proposed.

This Opinion constitutes the Board’s findings of fact and

conclusions of law.

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ORDER

It is the Order of the Pollution Control Board that:

1. Respondent shall pay a penalty of $2500 for failure to

obtain construction and operating permits with respect to the

Brinks Demister (Count II)

,

payment

to be made within 35 days

by certified

check

or

money order to

the State of Illinois,

Fiscal Services Division, Illinois Environmental Protection

Agency, 2200 Churchill Road, Springfield, Illinois 62706.

2. Respondent shall apply immediately for all necessary

operating permits pertaining to the plant.

3. Counts I, III, and IV are hereby dismissed.

4. Respondent shall comply with paragraphs 12, 13, 14, 15 and

16 of the Stipulation.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order were

adopted on the

5i’l

day of December, 1974

by a vote of

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J~ ~J. )I~/Ji

/~,,)

Christan L. Moffett,

C1~r1c

-~

Illinois Pollution Control Board