ILLINOIS POLLUTION CONTROL BOARD.
May
23,
1974
PERK FOODS COMPANY,
INC.
Petitioner,
v.
)
PCB 74—48
ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent
OPINION AND ORDER OF THE BOARD
(by
Dr.
Odell)
On January 28,
1974, Perk Foods Company,
Inc.
filed its
Petition for Variance.
The Pollution Control Board
(Board)
ruled
in the Interim Order of January
31 that the Petition was inade-
quate ~inthat “it does not state the Rules and Regulations from
which variance is desired.
No statement is made of the quantity of
particulates permitted under the appropriate Rule.
No reasons are
given for the delay in meeting the appropriate regulation.
An Amended Petition for Variance was filed on February 19,
1974, and final amendments were received on February 27,
1974,
Petitioner prepares dog food for retail
sale.
Canned and bagged
dog food is produced at 4540 South Kolmar in Chicago.
Dog food
cans are also manufactured at this
facility.
The final Amended
Petition
(of February 27)
sought a variance from the particulate
emission requirements of Rule 203(a) of Chapter Two:
Illinois Air
Pollution Requlations
(Chapter Two).
Petitioner also requested a
variance from Section 9 (a)
of the Environmental Protection Act
(Act)
because of odor emissions at the plant.
Petitioner asked that the
variance be granted for one year from February
1,
l974.
Perk Foods filed an open waiver of the 90—day decision
vequirement of Section
38 of the Act on April
18.
The 203(a) particulate emissions discharge from two
ground corn cyclone collectors.
The two collectors receive a
total of 28,200 lb/hr of ground corn in an air—veyinq operation.
Stack tests indicated that particulates from these collectors total
56.4 lb/hr during the 2.84 hours that they operate each day.
The
allowable emission rate is 10,4 lb/hr under 203(a),
The collectors
function five days per week every week of the year.
To achieve
compliance, Petitioner
:Ls installing a baghouse to the cyclone
ccllectors ata
total cost of $25,000.
Compliance delay
is predicted
on unknowing violation of Chapter Two.
The Environmental Protection
Agency
(EPA)
filed its Recommendation
on May 2,
1974,
and advocated
granting the variance as
to Rule 203(a).
EPA “is of the opinion
that installation of the proposed baghouse will be sufficient to
bring Petitioner~s facility into compliance with Rule 203(a).
The
Agency believes that the timetable for installation of the baghouse
12—383
is reasonable.
.
.A variance from the particulate regulations
will not be detrimental to the public since the emissions
of
ground corn particulates are nontoxic and since the Agency
has received no complaints concerning the excessive particulate
emissions.”
To control its malodorous
emissions, under Section 9(a)
of the Act, Petitioner proposed to install
a wet scrubber at
a cost of $55,000.
This unit is to be operational by August
1,
1975.
No reason was given for the delay in handling this
problem.
The EPA recommended denial of the variance in that
“the Agency has received several complaints from residents
living in the immediate vicinity of Petitioner’s facility
alleging noxious odors from Petitioner’s plant.”
~e grant Petitioner’s request for a variance as to
Rule 203(a)
of Chapter Two.
Petitioner has set up a reasonable
compliance program and is taking steps to abate the pollution
problem, although Petitioner’s action is tardy.
In granting
this Variance to Rule 203(a)
the Board does
so because of
the compliance program and in recognition of the minimal
adverse environmental impact during the variance period.
Petitioner’s request for a Variance from Section 9(a)
of the Act is denied without prejudice.
No adequate state-
ment of hardship to Petitioner
is
given.
Petitioner requests
a Variance from nuisance provisions of the Act while EPA
has received complaints of the odor from Petitioner’s plant.
To grant this Variance would condone possible inconvenience to
neighbors when Petitioner has not shown that it would be an
unreasonable hardship to operate its plant so as not to
cause such inconvenience.
ORDER
The request for a Variance from Section 9(a)
of the
Act is denied without prejudice.
Petitioner is granted
a
variance from Section 203(a)
of Chapter Two from January 1,1974,
until December
31,
1974, subject to the following conditions:
1.
Petitioner shall apply to the Agency for all permits
necessary for the construction and operation of the
baghouse.
2.
Commencing thirty
(30)
days after the Board’s Order
herein, and continuing quarterly thereafter,
Petitioner shall submit reports
to the Agency detail-
ing all progress made toward compliance with Rule 203(a),
Said reports shall be sent to:
Environmental Protection Agency
Division of Air Pollution Control
Control Program Coordinator
2200 Churchill Road
Springfield, Illinois
62706
12—384
—3—
3.
Within thirty
(30)
days of the adoption of Board’s
Order, Petitioner shall post a performance bond
in the amount of $25,000, equal to the cost and
installation of a baghouse which will meet the
requirements of Rule 203(a)
of Chapter Two.
4.
Within thirty
(30)
days of the final installation
of the baghouse, Petitioner shall arrange for a
stack test to be conducted by an independent stack
testing firm.
The Agency shall be notified at
least five
(5)
days prioç to the test,
and shall
have the right to witness the test.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on the
~3~day
of
_________,
1974,
by a vote of
____
to 0
@A4.c&
~‘~/~?
A~~’
Christan
L. Mo~fe~t,Clerk