ILLINOIS POLLUTION CONTROL BOARD
    June
    21,
    1973
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    )
    )
    PCB 72-51
    )
    )
    CPC INTERNATIONAL,
    INC.
    )
    )
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle)
    This
    is
    an enforcement action alleging violations
    of Section 9(a)
    of the Act and Rule
    3-3.112 of the old Rules and Regulations Governing
    the Control of Air Pollution as amended
    to August,
    1969.
    Hearings
    were held on December
    12 and 13,
    1972, January
    24 and 29,
    1973,
    February
    8,
    1973 and April
    5,
    1973.
    Also,
    a Stipulation and Proposal for
    Settlement was
    filed
    by the parties
    on February 27,
    1973.
    Section
    9(a) provides
    in part that no person shall cause, threaten
    cr allow the
    emission of any contaminant
    into the environment so
    as
    to cause
    or tend to cause
    air pollution.
    Section 3(b)
    of the Act
    defines air pollution as ~‘the
    presence in the atmosphere
    of one or more
    contaminants
    in sufficient quantities
    and of such characteristics
    and
    duration as
    to be injurious
    to human, plant,
    or animal
    life,
    to health,
    or
    to
    property,
    or
    to unreasonably interfere with the enjoyment of
    life or property.
    CPC
    owns and operates
    a corn wet milling plant
    in Bedford Park.
    They employ
    over
    2,152
    people and operate around the clock,
    seven days
    a week.
    Total expenditures
    of the plant
    are
    in excess of $90,000,000
    per year,
    The emissions from the plant are vented to the atmosphere
    thru four stacks
    at
    a total volume of 138,000 cubic feet per minute.
    Around
    twelve private citizens testified to the 9(a) nuisance
    violation.
    It
    is
    obvious that the plant
    is emitting
    a burnt corn
    ocal
    odor.
    The
    question is whether
    it
    is
    a nuisance under the Act.
    The
    citizeus~reactions
    to the odor was substantial.
    They had trouble
    breathing
    (R.8),
    they
    were
    nauseated
    (R.l2)
    it was pungent
    (R.32),
    it
    was
    overpowering,
    annoying, and bothersome
    (R.36),
    it causes wheezing
    and
    headaches,
    it
    caused
    one
    witness
    to
    abandon
    a
    bicycle
    ride
    and
    go
    into
    her
    house
    to
    escape
    the
    odors
    ~,(R.34,
    37)
    it
    triggers
    migraine
    headaches
    in
    one
    witness
    (R.48),
    it
    causes
    a choking,
    suffocating
    feeling
    (R.48),
    it
    prohibits
    the
    use
    of
    park
    facilities
    and
    gardening
    (R.47),
    it
    prevents
    one
    witness
    from taking walks
    as prescribed
    by
    her
    doctor
    (R.67),
    it
    causes
    awakening
    at
    night
    (R.80),
    it
    generally
    affects
    outside
    activities
    (R.93),
    it
    is
    offensive
    (R.87,
    106,
    123),
    it
    causes
    coughing
    (R.
    123) and spitting
    (R.
    160),
    it
    is
    unbearable
    (R,
    163),
    it
    affects
    sinuses
    (R.
    168;)
    and
    it caused one woman to
    remove
    her
    child
    from
    the
    park
    program
    (R.
    168).
    8—311

    —2—
    One man testified that he could smell the odor not only at
    his home in LaGrange which
    is three miles from the plant, but also
    at his job which
    is nine miles from the plant.
    In addition to the
    witnesses there
    is
    a petition signed by over 280 people concerning
    the odors from CPC.
    We find that there
    is
    a violation of Section 9(a) of the Act.
    The citizens’
    testimony more than adequately proves
    that the emissions
    from CPC are injurious to human life and that they do unreasonably
    interfere with the enjoyment of life and property.
    A penalty of
    $7,50
    is assessed for this violation.
    The complaint also alleges
    a violation of Rule 3-3.112 of the
    Rules and Regulation Governing the Control of Air Pollution,
    as
    amended to August,
    1969.
    The evidence concerning this allegation
    is
    in the record thru affidavits (Exhibits
    F ~ G),
    the contents
    of which have been stipulated by the parties
    as being admissible.
    The issues before the Board in this matter concern both the determina-
    tion of the particulate emissions allowed under Rule 3-3.112 and the
    determination of the actual emissions that have occurred.
    There
    are
    5
    boilers at CPC,
    3 coal
    fired and
    2 gas fired.
    Boilers
    #1
    (coal),
    #2
    (coal, and
    #4
    (gas)
    exhaust jointly through
    a 250 foot stack
    (the west stack), while boilers #3
    (coal)
    and
    #5
    (gas)
    exhaust jointly through a second 250 foot stack
    (the
    east stack).
    There are thus two emission sources,
    the stacks,
    that are the subject of this section of the complaint.
    The first issue to be resolved is the allowable emission of
    particulates.
    The Agency uses the CILCO opinion
    (PCB 72-83)
    to
    claim that allowable emissions should be based on the capacities
    of the boilers.
    This results
    in
    a fixed value independent of
    operating conditions.
    The Respondent determined
    its allowable
    emissions using the capacities of the coal boilers plus the actual
    fuel usage
    (operating load)
    of the gas boilers, which results
    in a
    higher allowable emission than that determined by the Agency.
    The
    Respondent argues
    that since it
    is impossible for them to obtain
    sufficient gas to operate
    the boilers continuously at full
    capacity,.
    the actual gas boiler loadings should be sued.
    However, from Attach-
    ment B
    to the Affidavit of Charles Morton,
    it can be seen that during
    June,
    l971~, the
    #4 boiler operated at an average hourly load of
    269.4 x 10°BTU/hr. which is
    86 percent of the boiler capacity of
    314 x 106 BTU/hr.
    During May,
    1971,
    the
    #5
    boiler operated at an
    average hourly
    load of 252.7 x 106 BTU which
    is
    80 percent
    of the
    boiler capacity of 314 x
    106 BTU/hr.
    Thus,
    during some periods,
    it
    is possible for CPC to receive sufficient natural gas to operate the
    gas boilers
    at full capacity so
    that an allowable emission based on
    boiler capacities
    is appropriate and the CILCO case should be cited.
    CPC’s use of coal boiler capacity rather than average boiler load
    to calculate the allowable emissions also seems like an intention
    on their part to follow the CILCO opinion.
    3—312

    -3-
    Using the boiler capacities
    to determine the allowable
    particulate emissions,
    the Agency calculates an allowable of
    0.468 lb/b6 BTU for the plant
    (CPC calculates
    an allowable of
    0.594 lb/b6 BTU based on average gas usage).
    Both parties
    performed the calculation of allowable emissions incorrectly
    in that they used
    a multiple stack factor for the two stacks which
    is suitable only for stacks with equal heat inputs.
    The stack
    factor was taken from ASME Standard APS-l “Recommended Guide for
    the Control of Dust Emission Combustion for Indirect Heat Exchangers”,
    referenced in Rule 3-3.112,
    and an examination of this document will
    show that the multiple stack factor is not appropriate.
    This point
    was also brought out in the CILCO opinion and the conclusion found
    in that case and which should be found in this case is
    that the
    method to use
    for unequally heated multiple stacks
    is that of
    superposition of sources.
    For the particular situation at CPC,
    the superposition method results
    in a calculated allowable emission
    of 0.469 lb/b6 BTU, which
    is almost identical
    to the value calculated
    by the Agency.
    Thergfore,
    the allowable plant emission to be applied
    to CPC
    is
    0.47 ib/lO BTU.
    The actual emissions of particulates at CPC were calculated
    by both parties using collection device efficiencies
    and particUlate
    emission factors.
    A sampling test of the #1 boiler conducted by
    Commercial Testing and Engineering Co.
    (CTE)
    on February 25,
    1972,
    Attachment
    3 of the Statement of Joseph
    L. Hof~mann,showed parti-
    culate emissions from two tests of 0.717 lb/b0 BTU and 0.729 lb/lO
    BTU.
    The samples were taken downstream of the multicbone
    collectors
    and thus represent emissions up the stack.
    In determining the actual emissions, the Agency used the CTE
    test result together with
    a particulate emission factor for the
    coal boilers
    of l7A, where A represents
    the percent ash content of
    the
    coal.
    The factor was taken from Table
    1-2 of AP-42 “Compilation
    of Air Pollutant Emission Factors”, Attachment
    4
    of the Hoffmann
    Statement,
    and taken with the sampling test result implies
    a collec-
    tion efficiency for the multicbone of •84.5 percent.
    The Agency
    then applies this efficiency along with the emission factor to each
    coal boiler and in addition applies
    a particulate emission factor
    for gas combustion, Table 1-6
    of AP-42,
    to show that on four out of
    ten dates
    for which the boiler loadings were known, CPC emitted par-
    ticulate
    in excess of
    the allowable limits,
    as shown on Attachment
    5
    of the Uoffmann statement.
    The Agency thus finds
    a violation of
    Rule 3-3.112 on these four dates.
    CPC,
    in their determination of the actual emissions,
    does not
    use the information from the GTE tests but instead uses
    a multi-
    clone collection efficiency of 90.2 percent based on design charts
    published by Western Precipitator, the manufacturers of
    the multi-
    clones.
    This efficiency is dependent on the:size distribution of
    the particulates entering the collector and on the gas pressure
    drop through the collector.
    No analysis
    of size distribution was
    available
    for CPC, so the distribution given in Table A-l of AP-42
    8—313

    -4-
    was assumed.
    Thus, by using the assumed particulate size distribu-
    tion, the known pressure drop,
    and the design chart supplied,
    Attachment
    C
    to the Affidavit of Donald
    F.
    Franzen,
    an expected
    collection efficiency of 90.2 percent was determined.
    In addition,
    the emission factor of 17A used by the Agency was also used by CPC
    and with these two pieces
    of information plus the monthly average
    boiler loadings listed in Attachment
    B
    of the Affidavit of Charles
    R. Morton, CPC calculated monthly average actual emissions that for
    the period of November,
    1970
    to June,
    1972 are less than their
    calculated allowable emissions as shown in Attachment N of the
    Franzen affidavit.
    Because of the lack of complete test data for the plant, both
    parties made engineering assumptions
    and approximations in trying
    to prove their respective cases.
    The Agency applied the GTE test
    results from one coal boiler
    (#1)
    to
    the other two coal boilers
    and
    also combined the test results with an emission factor to determine
    the collection efficiency of the multiclones.
    They used this
    efficiency, plus the emission factor,
    to calculate the actual
    emissions.
    GPC ignored the GTE test results and based their determina-
    tion of multiclone efficiency on manufacturer design curves using
    an assumed particle size distribution.
    They then used this efficiency
    along with the same emission factor used by the Agency to determine
    the actual emissions, assuming in addition that there was no con-
    tribution to the emissions from the
    gas fired boilers.
    Based on the allowable emissions for CPC of 0.47 lb/lOb BTU
    the Agency shows
    a violation for
    4 specific dates
    out
    of
    10 for
    which they had data.
    Also,
    CPC’s own calculations show
    a viola-
    tion, on the average, for the entire month of November,
    1971, where,
    based on Attachment
    N
    of the granzen affidavit,
    the
    emissions from
    the plant averaged 0.50 lb/bO
    BTU.
    The Board,
    in the CILCO
    opinion, has held that compliance on the average
    is not enough and
    that “one day of clean air does not compensate
    for
    a day of dirty
    air.”
    In addition, non-compliance on the average for
    an entire
    month indicates non-compliance for many hours
    of many days and thus
    a significant problem.
    The penalty for this violation
    will
    be $2500.
    The Proposal for Settlement need not be expressly repeated in this
    opinion.
    We will incorporate
    it herein by reference and simply require
    that GPG adhere
    to all its
    terms
    and compliance dates, including its
    provisions for filing permit application, performance testing, adjust-
    ments, progress reports, odor panel
    tests
    and
    a performance
    bond.
    Even though the parties have agreed upon a remedial program
    we still find it necessary to assess
    a penalty for
    the past violations.
    The health and welfare of many people was interfered with and we must
    deal with that issue.
    The total penalty shall be
    $10,000.
    This opinion constitutes
    the Board~sfindings of fact and con-
    clusions of law.
    8—314

    -5-
    ORDER
    CPC International shall pay to the State
    of Illinois
    by July 31,
    1973,
    the sum of $10,000.
    Penalty payment by certified check or
    money order payable
    to the State of Illinois shall be made to:
    Fiscal Services Division, Illinois Environmental Protection Agency,
    2200 Churchill Drive,
    Springfield,
    Illinois
    62706.
    CPC International shall
    adhere to all the terms
    and compliance
    dates contained in the Proposal for Settlement filed February
    27,
    1973 including the provisions
    for filing permit application, per-
    formance testing, adjustments, progress reports, odor panel tests
    and
    a performance bond.
    I, Ghristan
    L. Moffett,
    Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion an~1Orderwere adopted on the
    ~
    day of June,
    1973 by
    a vote of
    ~1—O
    Christian
    L. Moffe~t
    ,
    Clerk
    Illinois Pollution
    trol Board
    8—315

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