ILLINOIS POLLUTION CONTROL BOARD
    October
    31, 1974
    ENVIRONI~ENTALPROTECTION AGENCY,
    )
    Complainant,
    )
    vs.
    )
    PCB 72—81
    )
    TEE-PAK,
    INC.,
    Respondent.
    Thomas J.
    Immel, Assistant Attorney General for the EPA
    John B. Jenkins, Attorney for Respondent
    OPINION AND ORDER OF THE BOARD
    (by Mr. Henss):
    The Environmental Protection Agency filed its Complaint
    against Respondent Tee-Pak, Inc. alleging that the company had
    allowed the discharge of hydrogen sulfide and foul and obnoxious
    odors into the environment in violation of Section 9(a) of the
    Environmental Protection Act.
    The Agency and Respondent entered
    into an interim settlement which was approved by this Board on
    November
    8,
    1972.
    The Interim Order provided that the parties
    would conduct stack tests, ground level measurements and odor
    evaluations in order to determine whether odorous emissions from
    the Tee—Pak plant are causing a nuisance in the community.
    The
    studies were to determine the effectiveness of Tee-Pak’s emission
    control program and hopefully, were to form a basis
    for final
    conclusion of this litigation.
    The Agency and Tee-Pak have now submitted a Proposal for
    Final Settlement.
    This Opinion and Order will deal with the matters
    in
    that
    voluminous
    document.
    Tee—Pak
    is
    a
    manufacturer
    of
    cellulose
    casings
    which
    are
    used
    in
    the
    meat
    packing
    business.
    A
    major part of its product is from
    its Danville, Illinois plant which employs
    800 persons and has
    operated since 1957.
    During the manufacturing process hydrogen
    sulfide gas
    (H2S)
    is released.
    The odor caused by the hydrogen sulfide
    emission has in the past resulted in a number of citizen complaints.
    The parties have previously agreed that hydrogen sulfide is the
    principal cause of the odor and have concentrated on methods for
    abatement of this type of emission.
    14—311

    —2—
    As we have previously noted,
    no standard has been set for
    hydrogen sulfide emissions in the State of Illinois.
    The EPA
    Complaint was based on the theory that
    a quantity of hydrogen
    sulfide was being emitted from Respondent’s plant to cause a
    nuisance in the community.
    Therefore,
    citizen reaction to the
    emissions and the Tee-Pak control program was of principal concern.
    We will not detail all of the background of this litigation
    since it is set out in our Opinion of November
    8,
    1972.
    However,
    it should be noted that prior to the commencement of the testing
    program Tee-Pak had completed installation of five scrubbers in
    a period of approximately
    3 years, and it was claimed that this
    would bring
    a total H2S emission reduction of approximately 55.
    We believe it is important at this point to review some of
    the more important findings of the studies which were conducted
    under the Interim Settlement.
    Stack testing showed that Tee-Pak
    was emitting an average of
    31.9 to 35.5
    lbs.
    of hydrogen sulfide
    per hour during the test period.
    These averages are reportedly
    subject to
    a statistical variability of
    +
    6.6 lbs./hr.
    at
    a 95
    confidence level.
    The emissions as measured were found to be
    within 9
    of the emissions which were theoretically calculated.
    This is, therefore,
    an acceptable measurement.
    A surging emission source was located during the study.
    This
    source is a machine which is used to produce large diameter re-
    generated cellulose casing.
    It was discovered to be emitting
    nonsteady
    (surging)
    emissions,
    and, since the emissions from this
    source are presently not treated,
    it is believed to be responsible
    for the odor which was observed by an odor ~anel.
    The two parties used different procedures in analyzing ground
    level measurements, with the result that there were certain
    differences of opinion.
    Therefore,
    they submitted separate dis-
    cussions, analyses,
    supporting exhibits and conclusions on this
    aspect of the testing program.
    In spite of their differing opinions,
    the parties did agree that the, data did not support a conclusion
    that an odor nuisance exists in the communities surrounding Tee-Pak’s
    facility.
    A community survey was conducted by Professor Gerald R. Salancik,
    of the University of Illinois, consisting of
    500 interviews of
    residents living within two miles of the Tee-Pak plant.
    Forty—four
    per cent of the people who were sampled said air pollution is the
    most severe environmental problem affecting the residential area.
    (However,
    a surprising
    38
    felt that noise pollution was the most
    severe problem.)
    Of the total sample 22
    are bothered by industrial
    odors which they assumed to be emitted by Tee-Pak.
    Because there are
    several factories and plants in the area it is possible for the
    residents to be unsure as
    to which firm is truly responsible for
    14—312

    industrial odors.
    About 2
    of the total sample said they were
    annoyed daily by Tee-Pak odors and 9
    of the sample feel odors
    emitted by Tee-Pak do interfere with their lives in some manner.
    Of this 9
    over one-third responded illogically to one or more
    questions
    (i.e.,
    type of odor, wind direction),
    and this caused
    those responses to be deemed nonplausible.
    Therefore
    6
    of the
    total interviewed plausibly claimed that Tee-Pak odors consti-
    tuted a nuisance.
    These people were located within
    1 1/2 miles
    of Tee-Pak.
    Market Facts,
    Inc.
    of Chicag~was employed to
    process and analyze the data from Professor Salancik’s
    study.
    Another set of tests involved the use of odor panels--groups
    of people who were asked to record their observations under expert
    guidance.
    Thirty-eight panels were used in this phase of the
    testing program.
    Only 1
    of the panel members recorded objectionable
    findings of odor.
    Not one of the total of thirty-eight panels had
    a majority opinion that there was an objectionable sulfide odor.
    On three panels one panel member detected objectionable odor.
    On
    a fourth panel there were two panel members detecting objectionable
    odor.
    All of the detections of objectionable odor were found at
    locations downwind from the Tee-Pak facilities.
    Twenty-three of
    the panel tests were conducted downwind from Tee-Pak.
    One of the conclusions from the odor panel sampling was that
    the plume is apparently very narrow and it appears to fall out be-
    tween 1/2 and 1 1/2 miles downwind from Tee-Pak’s facility.
    At the
    request of the EPA Dr. Howard Hesketh of Southern Illinois University
    examined the data accumulated from the field odor panels.
    Dr.
    Hesketh concluded that it was difficult to locate suitable pos.tions
    to smell the odor.
    There were times when panel members on one side
    of a test site could smell the Tee-Pak emissions and members
    40 feet
    away could not.
    He said “the detectable width of the odorous plume
    downwind on the ground is about
    100 feet.
    The maximum concentration
    of the plume varies with wind speed but occurred 0.75-1.2 miles
    downwind at winds ranging from 5-10 miles per hour.”
    Dr. Hesketh
    concluded that
    “it would not be possible to correlate the field odor
    results with the EPA air sampling data because the odorous plume
    moves back and forth from place to place too rapidly”
    The parties agree that no relationship has been established
    between odor nuisance and the ground level concentrations of hydrogen
    sulfide as measured by instruments.
    The results of the odor panel
    tests do not provide a basis for determination of an ambient atmos-
    perhic concentration standard and do not alone show the existence
    of an odor nuisance.
    However, the total evidence apparently indicated to the parties
    that additional controls are needed.
    As part of the settlement
    package, Tee-Pak will install a sixth hydrogen sulfide scrubbing
    unit which will be used to treat emissions from the surging source
    and other smaller sources.
    When this scrubber is completed and
    14—313

    —4—
    placed into operation in conjunction with present scrubbers it
    is expected that Tee-Pak’s average hydrogen sulfide emission
    rate will be reduced to 25 lbs. per hour.
    The parties agree
    that this
    level of hydrogen sulfide will preclude the existence
    of any odor nuisance in the community.
    Capital costs for the
    sixth unit are expected to be $115,000 and annual operating
    costs about $24,000.
    Although they expect the emission rate to be 25 lbs./hr.,
    :he parties recommend that Tee—Pak be allowed a maximum emission
    rate of
    36 lbs./hr.
    to be determined by averaging over two hour
    periods.
    This additional allowance is said to be necessary
    because of the uniqueness of Tee-Pak’s operation.
    The Tee—Pak
    process for production of regenerated cellulose casings is
    a
    continuous one in which the initial phase of the process involves
    a chemical reaction whic~ihas a finite degradation rate.
    A
    characteristic of
    this process is that once the sodium salt
    xanthic acid has been formed,
    it becomes suitable for the regen-
    erative reaction only between 40 and 45 hours later.
    If the raw
    material cannot be used during that time it must be dumped.
    Simple voltage drops in the electrical system have in the past
    caused failures in the regenerative step and have resulted in
    losses
    as
    high
    as
    $45,000
    for
    a
    single
    event.
    To require that Tee-Pak shut down the regenerative process
    upon failure of one or more scrubbers might create significant
    problems depending upon the stage of chemical reaction at the
    time of
    shutdown.
    Halting the regenerative process before a
    reactor reached the fortieth hour of the reaction would require
    the dumping of the reactants.
    This is necessary in order to
    keep the reactants from gelling in the reactor and thereby
    causing cleaning and maintenance difficulties.
    If the reactants were in the 40 to 45 hour time period and were
    already in the piping system to the regenerative process equipment,
    a forced shutdown would allow the reactant to gel
    in the piping and
    equipment.
    It would then be necessary to remove and clean all
    such piping and equipment prior to commencement of operations.
    Such costs
    are described as “fantastically high”.
    Another serious problem which would be caused from a shutdown
    at
    this
    facility
    involves
    the
    discharge
    to
    the
    Danville
    Sanitary
    District.
    When the sixth scrubber goes on line, effluent from
    Tee-Pak will be near the BOD concentration limits imposed on Tee-
    Pak by the Danville Sanitary District.
    The dumping of a 3,000
    gallon reactor which contains highly alkaline reactants would
    cause an additional 12,000 population equivalence of BOD to enter
    the sewer system and would result in a Tee-Pak violation of the
    District’s limitations.
    About $1 million in capital funds would
    14—314

    —5--
    be required for planning and installation of facilities to treat
    the
    liquid
    effluent
    if Tee-Pak wereforced to cope with the higher
    BOD discharges.
    In the event of a scrubber failure it is theoretically
    possible that hydrogen sulfide emissions could rapidly escalate
    to an average of
    36 lbs./hr.
    This represents
    a maximum emission
    rate of as much as 42.6 lbs./hr. because of the 6.6 lbs./hr.
    statistical deviation.
    Maintenance experience with the five scrubbers now in operation
    leads Tee—Pak to believe that the probability of
    a sudden and totai
    failure of
    a scrubber is minute.
    If such failure did occur the
    studies indicate that the expected level of hydrogen sulfide in the
    stack discharge would cause some minimal interference with the lives
    and activities of citizens in Danville while repairs are being
    made. to correct the malfunction.
    Although we reject the settlement, there
    is much in this
    proposal which we could approve.
    Based upon its past conduct we
    believe Tee—Pak will perform the degree of maintenance required
    on the scrubbers to keep the hydrogen sulfide emissions
    at a level
    sufficiently low to preclude any odor nuisance.
    The two tiered
    emission rate is reasonable, especially in view of the economic
    or environmental problems which would be caused by the dumping of
    a reactor.
    ~e could accept the recommendation of the parties that
    no monetary penalty be imposed upon Tee—Pak.
    The record shows
    Tee-Pak’s good faith and cooperative efforts
    in performing
    its
    commitments.
    Tee-Pak has agreed to install an additional scrubber
    at. considerable capital and operating expense and spent over $113,000
    for the testing program which was ordered in November 1972.
    There
    is
    ;no need to add monetary penalty to the already large expense.
    The settlement is rejected because it appears to give Tee-Pak
    a permanent defense to Section 9(a) prosecutions.
    Under
    the terms of
    the settlement Tee-Pak might claim that its compliance with this Board
    Order constitutes a prima facie defense to any prosecution resulting
    from future odorous emissions.
    We are willing to provide a limited
    period of freedom from prosecution.
    However, we do not have such
    absolute faith in the figures presented to us that we should proclaim
    for all time
    to come that compliance with these emission limitations
    is prima facie compliance with Section 9(a).
    We believe it was reasonable
    to attempt to correlate human
    reactions
    in the community with actual scientific measurement of
    emissions and air quality.
    The record is not sufficient, however,
    for us to accept the test results as
    a Section 9(a)
    “standard”.
    14 —315

    —6—
    Because we believe there is much merit in the settlement
    we suggest the parties renegotiate this phase of the agreement.
    If
    the
    parties
    inform
    us
    that
    they
    cannot
    agree
    on
    new
    language
    which
    conforms
    to
    this
    Opinion,
    then
    we
    will
    assign
    the
    matter
    to
    a
    hearing
    officer.
    ORDER
    The
    proposal
    for
    final
    settlement
    is
    rejected.
    The
    parties
    shall
    report
    to
    the
    Board
    in
    30
    days
    regarding
    the
    possibility
    of
    disposing of
    this matter through negotiation or the need for a
    hearing on the merits.
    I, Christan L.
    Moffett, Clerk’of the Illinois Pollution Control
    Board, hereby certify th
    above Opinion and Order was ado ted
    this
    ,~(4’~
    day of
    ,
    1974 by a vote of ____to ~
    ~~472~L
    14—316

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