ILLINOIS POLLUTION CONTROL BOARD

June 20, 1974

BORG-WARNER CORPORATION,

Petitioner,

v

)

PCB 74—115

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

Frederick E. McLendori, Attorney for Petitioner

John Palincsar, Attorney for the EPA

OPINION AND ORDER OF THE BOARD (by Mr. Henss):

Borg-Warner Corporation requests variance from Rules

103(b) (2) and 205(f) of the Air Pollution Control Regulations

while its environmental control system is undergoing modif i—

cation. The modifications were allegedly made necessary by

an error in judgment of the contractor who designed the control

system.

Petitioner owns and operates a chemical manufacturing

plant in LaSalle County for the production of acrylonitrile—

butadiene-styrene (ABS) resin. The plant includes nine poly-

butadiene reactors and two polybutadiene flasher vessels.

During the production cycle raw materials are polymerized in

one of the reactors and then discharged to one of the flasher

vessels. Unreacted raw materials, primarily butadiene, from

the reactors and flashers are drawn by vacuum through condensers

where butadiene vapors are condensed and recycled. Approximately

73 lbs./hour of organic vapors escape the system through the

vacuum steam jets and are discharged to the atmosphere with

exhaust steam. Rule 205(f) limits Petitioner~s organic emissions

to 8 lbs./hr.

Compliance with the standards was to have been accomplished

by routing the vacuum steam jet through a water scrubber to

condense the steam and then discharging the uncondensed hydro-

carbons to a John Zink burner for incineration. Petitioner

proceeded with installation of the John Zink incinerator but

encountered difficulties with another portion of the control

system.

12

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~85

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In the proposed control system, water discharge from the

scrubber goes into a hot well from which a portion of the water

circulates through a cooler and back to the scrubber. An excess

supply of water occurs at this point in the system and the excess

water was to have been withdrawn through a liquid seal. The

depth of the water seal was originally set at 3’. When

Petitioner attempted to operate the system as designed, hydrocarbons

were released into the manufacturing building. This created a

hazardous condition which might have re~ulted in an explosive

concentration within the building. Depth of the liquid seal

was increased to 6’ but this failed to solve the problem.

Petitioner has now completed design modifications to provide

a positive liquid seal on the hot well and thereby prevent hydro-

carbon discharges into the manufacturing building. The necessary

equipment has been ordered. Petitioner expects the $15,000

modification to be completed by October 31, 1974. The Agency

believes that if the modifications are successfu~, control

efficiency will reach 85 and allow Petitioner to meet the require-

ments of Rule 205(f).

The Agency recommends granting variance from Rule 205(f)

because Petitioner made conscientious efforts to achieve compliance

by the December 31, 1973 deadline, and the contractor’s error in

judgment constitutes “excusable” delay. An Agency representative

inspecting the plant in April 1974 detected no odors beyond the

plant boundary. No citizen complaints have been received by the

Agency in opposition to the granting of this variance. Ground

level concentrations encountered at Petitioner’s facility are not

toxic according to the Agency.

Petitioner has satisfactorily shown its need for variance

from Rule 205(f). However, variance fi~omRule 103(b) (2) is not

appropriate here. Variance from Rule 103(b) (2) would relieve

Borg-Warner of the duty to obtain an operating permit. The permit

system is a very important part of the pollution control program

of Illinois and whenever possible variances should be fashioned

so as to leave the permit requirement in effect. The record shows

that Petitioner already has an operating permit but one of the

conditions of the permit is the installation and testing of the

John Zink incinerator by December 1973. We will modify the permit

by extending the deadline for installation and testing of the

John Zink incinerator to October 31, 1974. The Agency concurs in

the extension of this compliance date. Variance from Rule 103(b) (2)

is denied.

This opinion constitutes the findings of fact and conclusions

of law of the Ill~noisPollution Control Board.

12— 586

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ORDER

It is the Order of the Pollution Control Board that:

A. Borg-Warner Corporation be granted variance from

Rule 205(f) of the Illinois Air Pollution Control

Regulations until October 31, 1974 for the

operation of nine polybutadiene reactors and two

polybutadiene flashers at its LaSalle County ABS

manufacturing facility. That portion of

Petitioner’s operating permit (Application #04010058)

requiring installation and testing of a John Zink

incinerator by December 31, 1973 is hereby amended

to require installation and testing of the John

Zink incinerator by October 31, 1974. This

variance is subject to the following conditions:

1. During the term of the variance Petitioner

shall install all equipment necessary for

control system modifications as outlined in

this proceeding, to achieve compliance with

Rule 205(f).

2. Petitioner shall submit monthly progress

reports to the Environmental Protection

Agency. The progress reports shall commence

on July 15, 1974 and shall provide details

of Petitioner’s progress towards completion

of the control system modifications.

B. Variance from Rule 103(b) (2) of the Air Pollution

Control Regulations is denied.

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

Board, hereby certify the above Opinion and Or~r was adopted

this ~   

day ~     

1974 by a vote of _____to 

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587