ILLINOIS POLLUTION CONTROL BOARD
    December 20, 1973
    )
    MONSANTO COMPANY
    )
    )
    )
    v.
    )
    )
    PCB 73—413
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    )
    OPINION AND ORDER OF THE BOARD (by Mr. Dumelle);
    A petition for variance from Rule 206(g)(2) (Compliance dates)
    of the Air Regulations was filed by Monsanto on October 1, 1973.
    The plant is located in Sauget in St. Clair County. No public
    hearing was held. Variance is requested until April 30, 1974.
    The company in its petition states that the manufacture of
    4-nitrodiphenylamine (4-NDPA) for use as a raw material in rubber
    chemical formulation generates carbon monoxide in excess of Rule
    206(c). This Rule sets a standard of 200 ppm CO corrected to 50
    excess air and applies to “Petroleum and Petrochemical Process.”
    Monsanto does not give strength of the carbon monoxide
    discharge, the amount of discharge by weight, the stack height, the
    proximity of residences or other non-industrial human activity,
    or the ambient level •of carbon monoxide induced by this emission.
    In short the petitioner makes no statement upon which the Board
    can weigh environmental effects all of which is required by the
    Procedural Rules (See Rule 401(a)).
    The Agency filed its recommendation on October 29, 1973 and
    recommends the variance be granted. It states that the maximum
    concentration of the carbon monoxide emissions is 600,000 ppm
    but gives no additional information as to effects upon the public.
    Permits for control equipment were obtained in July 1973
    according to the Agency. The carbon monoxide will be burned in
    a waste-gas boiler and this “will aid in the conservation of fuel”
    states the Agency.
    On November 5, 1973 Monsanto presented a Motion to Allow Variance
    Without a Hearing in order to save the “expenses for reporting and
    attorneys’ fees..
    .“.
    The Board on November 8, 1973 cancelled the
    hearing.
    10— 451
    -2-
    Monsanto probably felt its recoTd was adequate. For
    reasons given below we find that it was not. We do not consider
    the cancellation of a hearing as itself a commitment to grant the
    variance. The petitioner, when asking not to have a hearing,
    must still carry his burden in the record before us. While we
    did attempt to secure a waiver of the due date, counsel for
    Monsanto could not be reached and the case must be decided
    today.
    Because Monsanto has not met its burden of detailing environ-
    mental effects we are compelled to deny the variance without
    prejudice. A maximum discharge of 600,000 ppm is equivalent to 60
    carbon monoxide content. This is a highly toxic discharge level.
    Yet we do not know the levels which are being induced by this dis-
    charge upon nearby residents. The amount of the discharge in
    pounds must be high in order to power a waste-gas boiler. The
    concentration of the discharge is 3000 times (300,000) the standard
    when at its maximum strength. Monsanto’s statement in its
    petition that the 4-NDPA carbon monoxide emissions have not resulted
    in any injury or hazard of any kind is conclusory.
    Because of a failure to detail the environmental effects we
    deny the variance without prejudice. Petitioner is referred to
    Kop~ersv. EPA, PCB 73-365, December 6, 1973 for an outline of
    environmental monitoring of carbon monoxide in the vicinity of
    a discharge in excess of standards.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law.
    ORDER
    The variance is denied without prejudice.
    IT IS SO ORDERED.
    Mr. Marder dissents.
    1, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Order were adopted on
    the ~
    day of December, 1973 by a vote of 41.../
    Christan L. Moffett,,~I1’erk
    Illinois Pollution ~ trol Board
    10—452

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