ILLINOIS POLLUTION CONTROL BOARD
March
7,
1974
OLIN CORPORATION
PETITIONER
v.
)
PCB 74—4
ENVIRONMENTAL
PROTECTION
AGENCY
RESPONDENT
GEORGE
E.
BULLWINKEL
and
EDWARD
L.
OVERTREE,
ATTORNEYS,
in
behalf
of
OLIN
CORPORATION
KATHRYN
S.
NESBURG,
ATTORNEY,
in
behalf
of
the
ENVIRONMENTAL
PROTECT-
ION
AGENCY
OPINION
AND
ORDER
OF
THE
BOARD
(by
Mr.
Marder)
This
case
comes
to
the
Board
on
petition
of
Olin
Corporation
filed
January 2,
1974,
for
variance
from
Rule
204
(f)
(1)
(A)
and
Rule
204
(f)
(2) of the Board’s Air Pollution Regulations, until April 1,
1974.
In its recommendation filed February 21, 1974, the Agency recommend-
ed the variance be granted.
No hearing was held.
Petitioner requests variance from the abovementioned regulations
for one of its two plants at its Blockson Works
in Joliet.
One plant,
the larger of the two, produces various forms of phosphates.
The sec-
ond plant produces hydrogen fluoride and fluosilicic gas.
This plant
is the subject of this
case.
Hydrogen fluoride is produced by reacting fluorspar
(CaF2) with sul-
phuric acid
(H2S04)
at temperatures between 350°F.
and
500°F. Hydrogen
fluoride is then
released by distillation and absorption.
Discharges in violation of the Rules come from two sources.
The hy-
drogen fluoride “furnaces” generate sulphuric acid mist at the point
where the byproduct sulphur trioxide encounters
ambient water vapor.
The fluosilicic system emits
160
cubic
feet per minute of
.44
sulphur
dioxide through
a stack on the roof.
The emission rates for these sources are as follows:
11
—
507
Actual
Allowable
Sulphuric Acid Mist
(lbs/ton
1.8
0.15
(Pet.
P.
3)
acid used)
Sulphur Dioxide
(ppm)
4400
2000
(Pet.
P.
4)
Olin proposes to control the sulphuric mist by use of a system that
will cool the gypsum slurry sufficiently to reduce the amount of sul-
phur trioxide to a point where no sulphuric acid mist will form.
The
system consists
o,f “quench boxes,” one for each
“furnace,” where the
gypsum slurry is cooled by water.
Test results using
a prototype have
shown the control to be effective.
Olin submitteda construction per-
mit application and operating permit application for this process on
October 19,
1973.
The construction permit has been granted.
The oper-
ating permit~hasbeen denied
(Agency Rec.
P.
3).
To remove the sulphur dioxide Olin has developed a system to absorb
the sulphur dioxide with a “Venturi” scrubber, and pump it to a waste-
water retention pond for reuse.
Petitioner alleges this will lower the
sulphur dioxide emitted to
a rate of
5 ppm.
Olin has been granted both
construction and operating permits for this process.
Petitioner alleges, and the Agency concurs,
that the reason for O1in~s
failure to comply is delay in receiving materials for construction of
the abatement equipment.
The Agency notes that upon investigation that
part of the equipment has arrived at Petitioner~splant.
The reason for
the delay in compliance until April is the fact that the scrubber is not
to be delivered until late January, and a period of
60
days is needed to
install and debug the system.
The cost of the control system is $l55~0O0,
There have been
no
complaints by residents living in the area of the
plant
(Agency Rec,
P.
3).
Olin alleges that sulphuric acid mists are
heavier than air and do not cross the boundaries
of its plant
(Pet.
P.
7),
Petitioner further alleges that the sulphur dioxide output from the
plant
is equivalent to
that created by the combustion of 3000
lbs.
of
Illinois coal per day,
and that this will not affect the ambient air
quality of the area significantly because “Olin~snext-door neighbor,”
Commonwealth Edison, burns several million pounds of Illinois coal per
day and Edison~semissions
are not to be controlled until May
31,
1975.
Petitioner alleges that failure to grant the requested variance will
cause an unreasonable and arbitrary hardship because to comply with the
Regulations, Petitioner will be forced to stop production,
causing 25
employees to be
laid
off for three months,
and a loss of product to its
customers when demand is at its peak.
The Board does not accept that a
denial of a variance is a shut down order, but only the denial of a
shield from enforcement
(48_Insulations,
iflC.,
v. Environmental Protect~-
E.
I. duPontdedemours
& Co.
V.
Eñ~~ronmentaT
~2~~ionAency,PCB73-533;
Mobil Oil Corp.
nviF~6~nta1Protect-
ion Agency,_PCB 73—562),
Here,~~~oardfinds
that Olin has been con-~
scientious
in
its
endeavor
to cure
its
problem, anu
the
Boara
finds
the
sole
reason for failune
‘~
coTr~y ~
i~t~reo~.nendors n~g~ neeced
—3—
materials to Olin.
This Opinion constitutes the findings of fact and conclusions
of law
of the Board.
ORDER
IT IS THE ORDER of the Pollution Control Board that Olin Corporation
is granted a variance from Rule 204
(f)
(1)
(A)
and 204
(f)
(2)
from
January
2,
1974,
through April
1,
1974,
subject to the
following con-
ditions:
1)
Olin will submit monthly progress reports to the En-
vironmental Protection Agency as to
its compliance
plan, beginning
30
days from the entry of this Order.
2)
Olin shall perform and submit tests evaluating the
equipment installed as to its performance in reducing
emissions covered in this variance.
3)
Respondent shall, within
35 days from the date of this
Order, post a performance bond in
a form satisfactory
to the Agency in the amount of $50,000, to guarantee
installation of equipment that will bring about com-
pliance with Rule 204
(f)
(1)
(A)
and Rule 204
(f)
(2)
IT IS
SO
ORDERED.
I,
Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, certify that the above Opinion and Order was adopted by the
Board
on the
7th day of March,
1974, by a vote of
S to 0.
~1
—509