ILLINOIS
 POLLUTION CONTROL BOARD
January
 24,
 1972
U.
 S.
 INDUSTRIAL CHEMICALS COMPANY,
DIVISION OF NATIONAL DISTILLERS
 AND
CHEMICAL CORPORATION
#71—44
v.
ENVIRONMENTAL PROTECTION AGENCY
 )
SUPPLEMENTAL OPINION AND ORDER OF THE BOARD
 (BY MR. LAWTON):
On
 October
 14,
 1971,
 the
 following
 order
 was
 entered
 pursuant
to petition
 for variance filed by
 U.
 S.
 Industrial Chemicals Company:
‘IT
 IS
THE
ORDER of
 the Pollution Control Board that petitioner
be granted
 a variance
 to exceed the particulate emission limitations
set
 forth in
 the
 Rules
 and Regulations Governing the Control of Air
Pollution,
 subject to the terms,
 conditions and time schedules here-
inafter set forth:
1.
 Variance is granted
 to petitioner
 to operate its four
uncontrolled coal-fired boilers in
 a manner causing
emission of particulates
 in excess of the regulation
limits pending the installation
 of five electrostatic
precipitators,
 the first of which has already been
installed.
 Two additional precipitators
 shall be
installed and in operation by May
 30,
 1972,
 Emissions
from all boilers on which precipitators have or will
be installed shall meet particulate emission limits
 as
set forth in the regulations.
 This variance shall ex-
tend to October
 13,
 1972,
 prior to which date petitioner
shall have initiated installation of the two remaining
electrostatic precipitators on Boilers
 #4
 and #5 for
operation by May
 30,
 1973,
 and shall petition this
Board
 90
 days
 in advance of expiration for an extension
of
 this
 variance
 demonstrating
 that
 it has diligently
pursued
 the
time schedule
 for total installation
 as set
forth in
its variance petition.
2.
 Variance is granted to March
 30,
 1972 to operate the
sulphuric acid plant in
 a manner causing particulate
emissions
 in excess of those allowed in the Rules
 and
Regulations Governing the Control of Air Pollution
cending operation
 of the direct hydration alcohol plant.
On
March
 30,
 1972,
 the sulphuric acid plant shall be
3
—
511
shut down.
 No virgin acid shall be manufactured
 for
sale
 at any
 time when emissions from the sulohuric acid
plant exceed maximum emission limits presently
 in force
and effect in
 the Rules
 and Regulations Governing the
Control of Air Pollution.
3.
 U.
 S.
 Industrial Chemicals Company,
 through an inderendent
recognized consultant,
 shall establish,
 operate and
maintain continuous monitoring stations
 for SO
 for the
period
 from April
 1,
 1972 to September
 1, 1972~ in the
area where crop damage has occurred
 in the vast.
 Within
30
 days after September
 1,
 1972,
 the comoany st~allfile
with
 the
 Board
 and
 Agency
 a
 program
 for
 the
 alleviation
of
 excess
 SO2
 levels
 ~ufficient
 to
 cause
 plant
 damage.
The
 Board
 shall
 issue
 a
 further
 order
 as
 required.
4.
 The
 Company
 shall,
 within
 thirty—five
 days
 after
 receipt
of this order, post
 with
 the Agency ahond
 or other secur-
ity
 in
 the
 amount
 of
 $500,000.00,
 in
 a
 form
 satisfactory
to
 the
 Agency,
 which
 sum
 shall
 be
 forfeited
 to
 the
 State
of
 Illinois
 in
 the
 event
 that
 the
 conditions
 of
 this
 order
are
 not
 comp1i~ed with
 or
 the
 facilities
 in
 auestior.
 are
operated
 after
 expiration
 of
 these
 variances
 in
 violation
of
 regulation
 limits.”
On
 December
 27,
 1971,
 pursuant
 to
 motion
 of
 oetitioner
 for
Stay of Order pending review of the October
 14,
 1971 order,
 asserting
that petitioner and the Environmental Protection Aqency had been unable
to agree on the
 form of bond, we entered the following order:
“We stay
 our Order of October 14,
 1971
 as
 to the bond,
 to
January
 17,
 1972, and direct the petitioner and
 the Agency,
respectively,
 prior
 to
 said
 date,
 to
 submit
 to
 the
 Board
 the
form of bond proposed by each party.
 After receipt of the pro-
posed bond forms,
 we
 shall issue
 a further Order directing the
form of bond
 to he posted,
 and such further order
 as
 to stay
 as
shall
 be
 appropriate
 in
 the
 circumstances.
 lo al
 other respects,
the motion for stay of our October
 14,
 1971 order
 is denied so
that petitioner may proceed with
 its program of compliance
 as
contemplated
 by
 our
 order.”
The Agency complied with this Order.
 Nothing has been received
 in this
respect from
 the petitioner.
On
 January
 10,
 1972,
 a
 notion
 to
 amend
 the
 order
 granting
 variance
was received by
 the Board which motion asks that
 there he added to
the sentence appearing
 in paragraph
 1 of the order which
 reads
 “two
additional precipitators shall be installed and in ooeraticn by May
 30,
1972” the following words
 “or
 the
 two boilers on which these precivitators
3
—
 514
are to be~installed shall not be operated after May
 30, 1972
 so that
emissions from these two boilers exceed maximum emission limits
presently
 in force and effect in the Rules
 and Regulations Governing
the Control of Air Pollution.”
 In this respect,
 we grant the motion
to amend the variance.
 Petitioner will be
 in compliance by May
 30,
1972, pursuant to either program.
Petitioner further moves that paragraph
 2 of the Order be modi-
fied by the deletion of the sentence,
 “On March 30,1972,
 the sulphuric
acid plant shall be shut down.”
 This portion of the motion
 is denied.
Contained in the original petition
 for variance
 and throughout the
hearing,
 petitioner has represented that the sulphuric acid plant
would shut down by March
 30,1972.
 The opinion notes that crop damage
resulting from sulphur dioxide and/or sulphuric acid emissions has
taken
 place.
 This crop damage has conceivably resulted from emissions
from the sulphuric acid plant independently of whether the emissions
satisfy the particulate regulations.
 Accordingly,
 this presents
 a
situation not uncommon where compliance with numerical particulate
emission limits
 is not sufficient
 to preclude air pollution and con-
sequential damage
 to property.
We
 noted
 in
 the
 opinion that
 “fly ash
 and particulate emissions
attributable
 to the boiler and sulphuric acid operations have signi-
ficantly interfered with the enjoyment of life and property
 in the
community.
 Damage to metals
 and crops unquestionably have resulted
from emissions
 from petitioner’s plant.”
We further provided for
 a monitoring program for SO2
 in the area
where crop damage has occurred in the past,
 requiring a reporting pro-
gram which contemplated such further order of the Board as the circum-
stances would require.
Our variation allowance with respect to the sulphuric acid plant
was premised on its shutdown by March
 30,
 1972.
 If petitioner wishes
to continue its operation,
 it should file
 a new petition
 for variance
with
 the
 Board,
 which
 petition
 and
 subsequent
 hearing
 should
 demonstrate
to the Board’s satisfaction
 that the sulphuric acid plant operation
will not only meet particulate limit regulations, but will
 also not
cause emissions which result in damage to crops
 and air pollution
 as
defined in
 the Act.
IT IS THE ORDER of the Pollution Control Board:
1.
 That petitioner’s motion for amendment of paragraph
 1
of the order entered on October
 14,
 1971 be granted by
the addition of the words
 “or the
 two boilers on which
these precipitators
 are to be installed shall
 not be
operated after May
 30,
 1972 so that emissions from these
two boilers exceed maximum emission limits presently in
force and effect in the Rules
 and Regulations Governing
The Control of Air Pollution”, following the words
 “two
3—515
additional precipitators shall be installed and in
operation by May
 30,
 1972” presently in said order.
 In
all other respects,
 the motion is denied.
2.
 Variation heretofore granted as amended shall not be
effective until
 bond
 in the amount of $500,000.00 has
been approved by
 the Board.
 Petitioner
 is directed to
con~p1ywith
 the Board’s Order
 of December
 27,
 1971
in
 this
 respect.
I, Christan Moffett, Clerk
 of the Pollution Control B’ard,
 ccrtifv
that
 the above Supplemental Opinion and Order of the Board
 was
adopted on the
 ~-/
 day ~f January,
 .1972, by
 a vote
 of
 .
 to ~
/
 /
 -
 /
 ‘‘7/’
3—516