ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    May
    29,
    1974
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    )
    )
    Complainant,
    )
    vs.
    )
    P~B
    72—209
    )
    MONSANTO
    CHEMICAL
    COMPANY,
    )
    )
    Respondent.
    Frederick
    C.
    Hopper,
    Assistant
    Attorney
    General
    for
    the
    EPA
    Randall
    Robertson
    and
    Phocian
    Park,
    Attorneys
    for
    Respondent.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    Mr.
    Henss):
    The
    Environmental
    Protection
    Agency
    charged
    Monsanto
    Chemical
    Company
    with
    emitting
    dense
    smoke,
    particulate
    matter
    and
    odors
    into
    the
    atnosphere
    so
    as
    to
    cause
    air
    pollution in violation of Section 9(a) of the Environmental
    Protection Act and
    Rule
    3-3.122 of the Rules and Regulations
    Governing the Control of Air Pollution.
    The Complaint alleges
    that Monsanto has allowed these emissions at its chemical
    plant located near Sauget, Illinois “since July 1, 1970” and
    in particular
    on
    12
    dates
    which
    are
    specified
    in
    the
    Complaint.
    Our Opinion and Order of November 28,
    1972 disposed of
    all odor complaints except those occurring on:
    August 4, 1970,
    November 14, 1970, April 29, 1971,
    January
    9, 1972,
    May
    15,
    1972, September 5, 1972 and September 21, 1972.
    The case was
    remanded to the Hearing Officer so that Respondent could have
    an opportunity to rebut testimony regarding odors allegedly
    occurring on the latter six dates.
    Our November 28, 1972 Opinion also left open the possi-
    bility of finding a violation of Rule 3-3.122 if supported by ex-
    hibits
    which had been introduced into evidence but had been
    omitted from the record which was forwarded to us.
    Rule 3-3.122
    prohibits smoke emissions which are of No.
    2 Ringelmann density
    or darker.
    From the record available to us in November 1972 we
    were not able to conclude that Respondent had emitted smoke of
    the prohibited density for a time greater than six minutes.
    We
    understood, however, that this information might be available in
    the missing exhibit.

    —2—
    The Hearing Officer attempted to schedule this matter for
    introduction of Respondent’s rebuttal evidence, but finally
    reported that “after a good deal of telephone conversations
    between the parties,
    the Respondent determined that it did not
    wish to present further evidence and will stand on the record”.
    This was later confirmed by Respondent in
    a letter dated
    January
    29,
    1974.
    Therefore,
    the Board shall make its findings
    of fact from the original material presented plus the exhibits
    which were subsequently located and submitted to the Board.
    It was alleged that Respondent had emitted smoke the
    density of No.
    2 Ringelmann or darker on July 20,
    1970,
    January
    5,
    1971 and September
    5,
    1971.
    The only evidence
    relative to a Ringelmann violation on the first date was
    a
    memorandum from Agency Inspector Telford which stated:
    “On
    July 20, 1970 from 2:28 p.m.
    to 3:38 p.m. the
    #9
    (east chain
    grate) boiler average emission was the shade of the
    *3 Ringelmann”.
    As noted in our prior Opinion a mere declaration that the “average
    emission” exceeded
    #2 Ringelmann is not sufficient to prove a
    violation.
    There is simply no way to determine from the exhibit
    (Agency Exhibit #1) whether part of the boiler emissions were
    less than *2 Ringelmann on July 20,
    1970.
    Agency Exhibit #2,
    a form for recording Ringelmann obser-
    vations,
    shows that smoke emissions
    from *9 boiler ranged from
    #2 Ringelmann to #3 Ringelmann for
    a ten minute period on
    January
    5,
    1971, except for a single reading at the
    7 minute
    30 second interval when the observer~sview was blocked by steam.
    Respondent’s Utility Superintendent testified from company records
    that there was no breakdown or mechanical upset on boiler #9 on
    January
    5,
    1971
    (R.
    119).
    This evidence proves a violation of
    Rule 3-3.122 for the date in question.
    Agency Exhibit #3
    is another set of Ringelmann readings
    made by Telford on September 15,
    1971.
    On that date the readings
    varied
    from 2.5 to 2.75 Ringelmann for the time period 10:52
    a.m.
    to 10:58 a.m.
    Six minutes of consecutive readings above #2
    Ringelmann are shown.
    However, Rule 3—3.310 provides for
    a six
    minute exception while blowing accumulated soot from the boiler.
    Therefore,
    no violation is
    shown for September 15,
    1971.
    Testimony by Telford relating to odors and fumes--usually
    chlorine gas--was discussed in our earlier Opinion.
    The EPA
    had alleged
    9 specific dates on which Monsanto had caused odorous
    emissions in violation of Section 9(a)
    of the Act.
    During the
    hearing,
    the Agency dropped the charges for two dates
    in
    l97O~
    Of the remaining seven dates,
    the Board concluded that evidence
    of possible violation was shown for only one date,
    August
    4,
    197O~
    A decision regarding that possible violation was withheld
    since
    the case was being remanded to the Hearing Officer.
    12
    418

    —3—
    The record shows that on August
    4, 1970 Telford and another
    Agency employee were on Route
    3,
    west of the Monsanto plant, when
    they detected a “very strong chlorine odor”.
    Telford could not
    recall if they left the car and walked around or just stayed in
    the car.
    He did recall that they both experienced an eye irri-
    tation and raw throat.
    The witness did not testify as to wind
    direction on August
    4,
    1970 but we conclude from the entire record--
    the proof that Monsanto was emitting the same odor on other
    dates,
    and the absence of any evidence o~chlorine emissions
    from another source——that the odor originated at the Monsanto
    plant.
    The odor was of an intensity to come within the definition
    of air pollution.
    We find a 9(a) violation on August
    4,
    1970.
    During the public hearing Monsanto objected to the testi-
    mony of employees of
    Sterling Steel Company,
    a neighboring factory,
    regarding odors on
    6 dates which had not been specified by the
    EPA.
    The Hearing Officer correctly allowed the testimony to
    enter the record, but we decided to allow Monsanto an additional
    hearing so that it could rebut this citizen testimony.
    Monsanto
    chose not to introduce rebuttal evidence but again objected
    to
    the testimony from employees of Sterling Steel Company. Respondent
    said it “does not now recognize, nor does
    it acquiesce in, the
    validity of any of said testimony of the complaints contained
    therein
    as the proper subject matter of the proceeding in this
    docket.”
    This objection is denied.
    Section
    32 of the Environmental
    Protection Act provides that enforcement hearings shall be open
    to the pulilic and that any written statements or oral testimony
    may be~presented.
    Dates and occurrences testified to by
    Sterling employees are generally within the time period alleged
    in the Agency Complaint.
    Further, Monsanto was provided ample
    opportunity to rebut the testimony and ~annot claim surprise.
    Testimony by William J.
    Shive, President and Treasurer of
    Sterling Steel Casting Company, indicates that operations at the
    Sterling plant have been occasionally affected by odorous emissions
    from Monsanto since November 14,
    1970.
    On that date Shive smelled
    an “obnoxious” gas that caused him no ill effects but which
    caused him to send a letter to the Monsanto Plant Manager
    (R.
    74).
    On April
    29, 1971 Shive detected a
    “gassy emission that was
    obnoxious” at the plant.
    The following day he sent another
    letter to Monsanto.
    On January
    9,
    1972 at 2:00 p.m. Shive detected a chlorine
    odor that caused him to stop working.
    Shive recalled that at
    least one other employee also stopped working on that date.
    12
    419

    —4—
    Sterling’s personnel manager,
    Harvey L.
    Farthing, testified
    that he had called the Monsanto plant at 8:05 a.m. on September 21,
    1972.
    He informed
    “a girl in Mr. Buckley’s office” that the
    “fumes were driving our men out of the plant”
    (R.
    91).
    Buckley
    allegedly returned the call at 8:20 a.m. informing Farthing that
    he had found the source of the trouble and that there would be
    no more trouble
    (H.
    90).
    Farthing testified that the fumes on
    that date forced the shutdown of a furnace at Sterling since the
    four men operating the furnace stopped working
    (H.
    91,
    92).
    The
    fume, which he described as “like ammonia” did not have any
    effect on him personally.
    Farthing also called Monsanto on September 5,
    1972 to
    complain about the “strong fumes”.
    Within 10 minutes of his
    call
    the
    fumes had cleared up
    CR.
    94)
    Farthing testified that on one other occasion a strong
    chlorine odor from the Monsanto plant caused Sterling employees
    to
    run out of
    the
    plant
    (R.
    98).
    About 145 employees left the
    plant at
    1:25
    p.m. and did not return until
    2:00 p.m., about 10
    minutes
    after Mr.
    Buckley had called to report that the gas had
    been found and had been taken care of
    (H.
    100).
    There is
    nothing
    in
    the
    record to show
    the
    date when this occurred.
    Farthing
    also
    recalled
    a chlorine odor on May 17,
    1972 which
    did not stop
    production and
    which did
    not cause him ill effects
    (H.
    103).
    He added
    that
    on one
    of
    the occasions to which he had
    testified,
    the
    chlorine caused “a burning sensation in my nose and
    throat”
    (H.
    104),
    In defense, Monsanto offered the testimony of dry chlorine
    manufacturing supervisor,
    Mr. Regula.
    Regula described a
    $300,000 nroaram
    which
    Monsanto has initiated
    for
    upgrading
    pollution control
    in the dry bleach operation.
    This program
    inciudes detailed instructions for operators
    to
    follow when an
    emission
    is detected from the dust
    collection equipment, an
    improved
    air compressor for cleaning of the dust collection equip-
    ment,
    modification
    in
    the dust collection duct work,
    a limitation
    Ofl
    the
    amount
    of
    air passing through the dry bleach dryers and
    dust collectors, and an automated packaging system which includes
    improved dust collection equipment.
    Regula
    testified
    that
    an upset condition in the dry bleach
    manufacturing equipment has caused the release of chlorine but
    did not
    reveal
    any dates when such upsets had occurred.
    We
    believe
    the record
    in this case
    is sufficient to show
    -~c
    ~“ori~,anto
    ‘-ia~ cai.ce~.
    ~‘ir
    nolic~ior by
    ~ts periodic releases
    of chlorine aas,
    The
    record
    shows that these chlorine emissions
    have tisruoted manufactor:Lnc cuarations at
    the Sterlinq Steel

    —5—
    Casting pla~it.
    These disruptions have apparently been few in
    number and Monsanto officials have reacted promptly to control
    the emissions when notified.
    While this does not in any way
    change the fact that Monsanto has caused air pollution,
    it will
    be considered in mitigation of penalty.
    The Board further notes
    that Monsanto has taken measures to insure that violations
    caused by emissions from #9 boiler and the dry bleach manu-
    facturing plant do not occur in the future.
    The facts of this
    case justify a $2,000 penalty.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law.
    ORDER
    It is the Order of the Pollution Control Board that:
    1.
    Monsanto Chemical Company shall pay to the State
    of Illinois by July 15,1974 the sum of $2,000
    as
    a penalty for its violations of Section 9(a)
    of the Environmental Protection Act and Rule
    3-3.122 of the Rules and Regulations Governing
    the Control of Air Pollution.
    Payment by
    certified check or money order payable to the
    State of Illinois shall be made to:
    Fiscal
    Services Division, Illinois EPA,
    2200 Churchill Road,
    Springfield, Illinois 62706.
    2.
    Respondent shall cease and desist from causing air
    pollution in violation of the Environmental
    Protection Act and the Regulations of the Pollution
    Control Board.
    Respondent shall file monthly
    reports with the Environmental Protection Agency
    stating the control measures taken by Respondent
    to bring its operation into compliance with the
    Act and the Regulations.
    The compliance reports
    shall
    begin on July 15
    and
    shall
    continue for
    one
    year.
    I,Christan L. Moffett,
    Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Orde~was adopted
    this
    ~q~”
    day of
    _______,
    1974 by a vote of
    ..~
    to~
    12—421

    Back to top