ILLINOIS POLLUTION CONTROL BOARD
    December 20, 1973
    ENVIRONMENTAL PROTECTION AGENCY
    COMPLAINANT
    v.
    )
    PCB 73~-37
    NALCO CHEM1
    CAL COMPANY
    RESPONDENT
    LEE CAMPBELL, ASSISTANT ATTOREEY
    GENEMAL,
    in
    beheif
    of
    the
    ENVIRONMENTAL PROTECTION
    AGENCY
    GEORGE R. HOOPER, ATTORNEY,
    in Eehalf
    of
    NALCO
    CHEMICAL
    COMPANY
    OPINION AND ORDER OF THE BOARD (cy Er. harder)
    This action comes to us on the amended complaint of
    the Environ-~
    mental Protection Agency alleging
    violations of Section
    9 (A) of
    the
    Environmental Protection
    Act by discharging
    contaminants,
    as defined
    in Section 3 (d) of the Act in excess and in violation of
    that allowed
    by Rule 3-3.111 of the Rules and Regulations Governing
    the
    Control of
    Air Pollution
    (Air Rules).
    Hearings were
    held
    on March 30, 1973, and
    August 29, 1973, which were preludes to a hearing on October
    15,
    1973,
    where Complainant and Respondent presented for the
    record a Stipu1a~-
    tion and Proposal of Settlement.
    Complainant alleged in its complaint that:
    Respondent is a Delaware corporation having a place of business at
    4001 West 71st Street, Chicago, Illinois, which is a chemical manufact~-
    uring facility.
    Respondent operated a cracking catalyst process (Process #1) until
    January 19, 1973, which manufactured silica alumina catalysts which
    discharged aluminum oxides and silica oxides to the atmosphere. These
    oxides are particulate matter as defined by the Air Rules. This pro-
    cess was operated on or about July 1, 1970, and continued every day of
    operation until January 19, 1973, so as to allow discharges into the
    atmospheze of Illinois from the “Swenson Wet Scrubber” which served
    Spray Dryer #3 in excess and in violation of that which is allowed by
    Rule 3—3.111 of the Air Rules.
    10—405

    R~snondent operates a Specialty
    Catalyst Process (Process #2) which
    manufactures alumina base ~netal moly catalysts. Process #2 discharges
    contaminants consisting of hydrated aluminum oxides to the atmosphere,
    uhich are defined us
    particulate matter
    in
    the Air Rules.
    Process *2
    was operated from
    on
    or about July 1,
    1970, and continued every day
    of
    onerat~on until November 17, 1972,
    50
    as to allow discharges or emiss-
    ions of particulate matter into the atmosphere of Illinois from a “Swen-
    son Wet Collector,” which served spray dryer #2, in amounts in excess
    of and in violation of that which is allowed by Rule 3-3.111 of the
    Air Rules.
    Respondent operates a Ratalco process which manufactures copper
    zinc catalysts (Process #3) Process
    #3 discharges contaminants con—
    sisbing of copper oxides, nickel oxides, and aluminum
    oxides to the
    atmosphere. These oxides are particulate matter as
    defined in the Air
    Rules. Process #3 was operated on or about July 1,
    1970, and continued
    every day of operations until March 15, 1972, so as to
    cause or allow
    discharges or emission of particulate matter into the atmosphere of
    Illinois from a “Duell electrostatic precipitator” in violation of
    and
    excess of that alloced by Rule 3—3.111 of the Air Rules,
    Respondent~sdischarges and emissions
    are
    such as to cause
    Cii
    un—
    reasonable interference with the enjoyment of life and property of per-
    sons residing in
    and driving through the area surrounding the facility
    and
    is thus
    a violation of Section
    9
    (a) of the Act.
    The facts presented are based on an agreed stipulation pursuant to
    a settlement agreement between the. parties. The Board finds as follows:
    Respondent is a corporation
    engaged in the manufacturing
    of chemical
    catalysts which
    are sold primarily to other in-
    dustries
    for use in manufacturing other products.
    Respondent operates their facility
    at 4001 W, 71st Street,
    Chicago, Illinois, and has done so since 1941,
    Process #1 This process was operated from some time pri-
    or to July 1, 1970, until the middle of January 1971. It
    manufactured silica alumina catalyst which was used as a
    cracking catalyst in the oil refining
    industry.
    While this
    process was
    in use, Spray Dryer #3 was served by the
    “Swenson wet collector” and this discharged “contaminants” into the
    atmosphere consisting of alumina and silica.
    During August of 1971, tests were conducted by the Department of En-
    vironmental Control of the City of Chicago to determine particulate em-
    issions from Spray Dryer #3 of Process #1. These tests indicated emiss~
    ions of particulates as follows:
    0.06 g/scf

    —3—
    Test #2
    Interrupted in process 0.03 g/scf
    Test #3
    26.1 lbs/hr
    .07 g/scf
    Test #4
    24.3 lbs/hr
    .07 g/scf
    These emissions were not alleged by the city to be in violation of
    their limitations. The city’s limits were .10 g/scf.
    These test results were submitted
    to
    the Environmental Protection
    Agency to support an operating permit for Process #1 on Sept.
    29,
    1972.
    On November 16, 1972, Respondent’s calculations were submitted to the
    Agency indicating Spray Dryer #3 had a process weight rate of 22,000
    lbs/hr with measured emissions of 23.6
    lbs/hr.
    Rule 3-3.111 of
    thz
    Air
    Rules allows emissions of a unit with a process weight rate of 22,000
    lbs/hr not to exceed 20.4 lbs/hr.
    On December 29, 1972, the Agency denied Respondent a mermit because
    the process was discharging contaminants above those allowed by the Air
    Rules. Respondent received a letter to this effect
    on
    Jan. 2, 1973.
    Also on Dec. 29, 1972, Respondent publicly announced it would discontinue
    the use of Process #1. The process was shut down on Jan. 19, 1973, and
    later the equipment was dismantled.
    Process #2: This process has been in operation since July 1, 1970.
    It manufactures alumina base moly catalysts. Spray Dryer #2 of this
    process discharges hydrated alumina oxides into the atmosphere. From
    July 1, 1970, to Nov. 15, 1972, Spray Dryer #2 was equipped
    with
    a Swen-
    son Wet Collector. The City of Chicago’s Deoartment of Environmental
    Control made stack tests on
    the abovementioned dryer during August,
    1971.
    The results are as follows:
    Test 1
    0.18 g/scf
    Test 2
    0.22 g/scf
    Test 3
    0.29 g/scf
    Test 4
    0.29 g/scf
    This amount of discharge was alleged by the city to
    be
    above
    the
    amount allowed for this type of emissions. The city’s test results when
    converted to lbs/hr are as follows:
    Test 1
    42.30 lbs/hr
    Test 2
    55.55 lbs/hr
    Test 3
    66.85 lbs/hr
    Test 4
    71.58 lbs.hr
    The permissible state limit is 13.7 lbs.hr. In 1970 Respondent’s
    test showed this process in compliance with both state and city limits.
    Respondent requested and the city granted a grace period from enforce-
    ment so that Respondent could complete an engineering study and
    develop
    a control program. This control program consisted of dismantling
    the
    Swenson collector and installing an electrostatic precipitator.
    10
    —407

    —4—
    Respondent submitted a permit application for the construction and
    operation of this system, but the permit was denied by the Agency becausE
    of Respondent’s error of putting data for the Swenson collector in the
    application instead of projected emission data for the electrostatic
    precipitator. Based on this new application, the Agency granted Respond-
    ent
    the
    permit requested on July 27, 1972.
    The electrostatic precipitator was put into service on November 15,
    1972, at a cost to Respondent of $350,000.
    Respondent ran tests on Process #2 on November 29, 1972, the results
    of which showed for a process weight of 12,290 lbs/hr particulate em-
    issions were 3.76 lbs/hr. The maximum emissions allowed by the Air
    Rules are 13.7 lbs/hr.
    The stipulation shows that Respondent had the stack tested by Aqua
    Systems Corporation, a subsidiary of Commercial Testing
    & Engineering
    Company, on February 12, 1972. Respondent’s answer in this matter,
    along with Aqua’s report attached to the answer, shows the test date is
    February 12, 1973, and the Board so finds. This test showed particulate
    emissions from the stack at 1.855
    lbs/hr.
    Process #3: At Respondent’s plant #2, since prior to July 1, 1970,
    and continuing to date, Katalco has operated a process known as the Ka—
    talco Process (Process #3)
    .
    The process manufactures a low temperature
    shift catalyst and a CRG catalyst. They both cannot be manufactured on
    the process at a single time. They will alternate production over sev-
    eral months.
    Flash Dryer K-FD-l of Process #3 discharges contaminants as follows:
    copper oxide, nickel oxide, and aluminum oxide into the atmosphere of
    Illinois. During the period from July 1, 1970, to March 14, 1972, Flash
    Dryer K-FD-l was equipped with collection equipment consisting of two
    cyclones and a Buell electrostatic precipitator.
    In August of 1971 the Department of Environmental Control of the
    City of Chicago made stack tests on the stack to which the Flash dryer
    was attached, the results of which were:
    Test 1
    .13 g/scf
    Test 2
    .12 g/scf
    Test 3
    .17 g/scf
    These results were above the City’s limit of .10 g/scf.
    Respondent had run its own tests on the stack
    on
    three prior
    oc-
    casions with results as follows:
    Test A
    Test B
    7/27/70 0.083 gr/scf
    0.060 gr/scf
    1/15/71 0.049 gr/scf
    0.084 gr/scf
    2/26/71 0.101 gr/scf
    0.091 gr/scf
    10—408

    —5—
    These tests indicated that process #3 was in compliance with the
    city’s limit.
    Respondent proposed to install an additional power pack to the
    control equipment on Process #3 which was expected to reduce emissions
    50 percent.
    Respondent’s application for a permit to construct the new power
    pack indicated that Respondent was emitting 7.5 lbs/hr with the limit
    set by Rule 3-3.111 of the Air Rules at 5.1666 lbs/hr for a process
    weight of 2830 lbs/hr.
    The power pack was installed and connected by March 14, 1972, and
    Respondent ran stack tests which showed emissions at .88 lbs/hr. The
    product involved at the time of testing was the low temperature shift
    catalyst. The Agency rejected the permit application then but with
    new data submitted granted the permit on August 15, 1972.
    On February 14 and 15, 1973, this process was tested by Aqua Sys-
    tems. The results of this test showed emissions of 3.209 lbs/hr com-
    pared to the limit set by Rule 3-3.111 of 5.166 lbs/hr. The product
    run during this test was the CRG catalyst.
    The parties have reached a settlement agreement wherein Respond-
    ent agrees to pay a civil penalty in the amount of $5,000 if the stip-
    ulation is approved by the Board, and that shall be the entire dispos-
    ition of the case.
    The Board’s role as an affirmative instrument for effectuating
    the policy of the Act makes it mandatory that only the Board can ap-
    prove a settlement of a pending case on the merits (Environmental Pro-
    tection Agency v. G.A.F. Corp., PCB 72-50).
    The Board favors disposition of cases by stipulation and settle-
    ment if it determines that to do so will serve the purposes of envir-
    onmental protection. Costly litigation where it can be avoided should
    be avoided. Money spent on hearings could well be spent on compliance.
    The Board will look favorably upon settlement agreements that provide
    an adequate record for our determination of the case. Here we have
    such a situation. The Board accepts the stipulation as its finding
    of fact and finds that Respondent violated Section 9 (A) of the Act
    for the abovementioned period. The Board also finds that Respondent
    has brought its operation into complete compliance with Rule 3.3111
    which can only be considered a benefit to the environment. Our prime
    goal is the protection of the environment, and not to punish corpora-
    tions. The Respondent has shown a good faith and successful effort
    in bringing his plant into compliance. The Board finds the agreed
    penalty of $5,000 is equitable.
    10—409

    —6—
    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:
    Respondent shall pay to the State of Illinois the sum of $5,000
    within
    35 days from the date of this Order. Penalty payment by cert-
    ified check or money order payable to the State of Illinois
    shall be
    made to: Fiscal Services Division, Illinois Environmental Protection
    Agency,
    2200 Churchill Road, Springfield, Illinois 62706.
    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 the2cjt~ day of December
    1973, by a vote of ~ to
    0
    OJ~fr~#&~
    10—410

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