ILLINOIS POLLUTION CONTROL BOARD

May 24, 1973

MINNESOTA GRAIN PEARLING CO.

#72-437

v.

ENVIRONMENTAL PROTECTION AGENCY

LAWRENCE J. WEST OF WILDMAN, HARROLD, ALLEN & DIXON, ON BEHALF

OF PETITIONER

KENNETH ~3.GUMBINER, ASST. ATTORNEY GENERAL, ON BEHALF OF

RESPONDENT

OPINION AND ORDER OF THE BOARD (BY SAMUEL T. LAWTON, JR.):

Petition for variance was filed by Minnesota Grain Pearling Co.,

which was received by the Board on November 13, 1972 and which, in

substance, requested a one—year variance from the permit and parti-

culate Regulations with respect to petitioner’s Chicago barley pro-

cessing operation. A motion to dismiss the variance was filed by

the Agency, which we denied by Order of December 12, 1972.

On January 18, 1973, the Agency filed its recommendation setting

forth the approximate particulate emissions of petitioner’s operation,

indicating on the basis of emission factors, an actual emission of

70.6 pounds per hour against an allowable emission rate of 13.6

pounds per hour, demonstrating emissions far in excess of those

permitted under Rule 3-3,111 of the Air Rules.

On March 26, 1973, an amended petition for variance was filed,

which amendment was granted by the Hearing Officer. The amended

petition sets forth that petitioner is a Minnesota corporation,

doing business at 5728 West Roosevelt Road, Chicago, Illinois

only since July 1, 1972. Petitioner’s principal business is the

processing of barley, incidental to the manufacture of food

products used for both human and animal consumption, in the course

of which operation 60,000 bushels of barley are processed each month.

According to the petition, “small quantities of fugitive dust are

emitted” which are not corrosive and do not constitute a health

hazard, allegedly because the emissions are “inert, biodegradable

and edible”. The plant presently utilizes 26 cyclones for dust

collection, which it proposes to replace with a new dust collecting

system costing in excess of $100,000, pursuant to an agreement with

Carter-Day Company attached to said petition as Exhibit “B”. It

is contemplated that a minimum of 37 weeks would be required for

design, construction, permits, manufacture, installation and testing

of the equipment.

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In view of the uncertainties of the time involved for each

incremental aspect of the program, a one-year variance is sought.

Hearing was held on the petition on April 9, 1973, in which the

essential portions of the variance petition were sustained.

No proof was offered of the actual emissions by petitioner, although

the computations set forth in the Agency’s recommendations were ad-

verted to and which we will incorporate for the purpose of this

proceeding. Most of the testimony introduced by the Agency referred

to what possible time-saving might be realized if a baghouse installa-

tion were pursued rather than that which petitioner contemplates.

We do not see any useful purpose in second-guessing the petitioner

as to the method employed. Petitioner has represented that upon com-

pletion of its contracted program, it will meet the relevant regula-

tions at the end of one year. ~or does the evidence indicate that any

significant burden is being imposed on the adjacent community.

While we do not accept petitioner’s premise that the emissions from

a barley processing plant have no adverse health attributes, we believe

the program submitted by petitioner is meritorious and, accordingly,

approve it.

A description of the work to be done is set forth in the contract

dated March 16, 1973 between petitioner and Carter-Day Company, which

details the installations to be made at the various emission sources,

and appears to be an involved and well—considered dust removal program.

We will grant petitioner one year in which to achieve compliance pending

installation of equipment, as set forth in the contract between peti-

tioner and Carter-Day Company dated March 16, 1973 and received into

the record as petitioner’s Exhibit 1.  We will require petitioner

to submit monthly reports to the Agency detailing the progress of its

installation program and further, to file with the Agency a bond in

the amount of $100,000 assuring installation of the equipment as pro-

vided in said contract.

This opinion constitutes the findings of fact and conclusions

of law of the Board.

IT IS THE ORDER of the Pollution Control Board that:

1. Variance is granted to Minnesota Grain Pearling Co.

from such particulate regulations as are presently or

will become applicable to its Chicago operation until

May 24, 1974, and from the permit requirements to the

extent the same would require a demonstration of compliance

with the relevant regulations before said date in order

to permit petitioner to install dust and particulate

abatement equipment pursuant to contract with Carter-Day

Company, introduced in this proceeding as Exhibit 1.

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2. Petitioner shall submit, in form satisfactory to the

Agency, a bond in the amount of $100,000, which shall

guarantee installation of equipment and facilities as

set forth in Exhibit 1 herein. The bond shall be mailed

to: Fiscal Services Division, Illinois Environmental

Protection Agency, 2200 Churchill Drive, Springfield,

Illinois 62706.

3. Petitioner shall submit monthly reports to the Board

and to the Agency, detailing the status of its installa-

tion program pursuant to said Exhibit 1.

I, Christan Moffett, Clerk of the Pollution Control Boa~d, certify

that the above Opinion and Order was adopted on the ~ 4day of May,

1973, by a vote of q~ to 

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