ILLINOIS
POLLUTION CONTROL BOARD
March
1,
1979
NESTLE COMPANY, INCORPORATED,
Petitioner,
PCB
78—191
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
MR.
DAVID
G. HASSI, APPEARED ON BEHALF OF PETITIONER;
MR.
REED
W,
NEUMAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF
OF
RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by Mr. Goodman):
On July 18,
1978 Nestle
Company,
Incorporated,
(Nestle)
filed a petition for
variance before the Board requesting
relief from Section
9(a) of the Environmental Protection
Act (Act)
and Rule 203(a)
of the Air Pollution Control Regu-
lations (Regulations)
until March 15, 1979 for its instant
tea manufacturing facility located in Granite City, Madison
County,
Illinois,
A hearing was held in this matter;
the
Board
has
received no public comment.
Nestle utilizes
the spent tea leaves from its process
as
fuel for a dryer and a process steam boiler.
The spent
leaves are first dried
in the dryer,
after which the bulk
of the dried tea leaves are cycled to the dryer burner
making the dryer essentially self—sustaining.
The remainder
of the dried spent tea leaves are
utilized along with wood
chips derived from scrap tea
chests as fuel for the process
steam
boiler.
Exhaust is through a
cyclone collector in
both
cases,
which
in the
case of the dryer acts primarily
as
a dried
spent
tea leaf recovery process.
The calculated
quantity of
allowable particulate emissions under Rule 203(a)
of the Regulations
is 16,5
tons per year,
while present emis-
sions based on stack tests
conducted in May, 1978 are about
58 tons per year.
Nestle
proposes to install a second
high efficiency cyclone,
and the Agency agrees that the
proposed cyclone may meet the allowable emissions limit-
ation under Rule 203(a),
Nestle has presented a pro-
posed compliance
schedule on page
4 of its July 18, 1978
petition, which
was updated by
a Nestle witness at the
hearing.
33—13
—2—
Nestle alleges that denial
of the variance would impose
a
financial hardship
of some $425,000 incurred in operating
expenses.
Although
it believes the financial hardship
claimed by Nestle
may be somewhat overstated,
the Agency
agrees
that
the cost to Nestle
is substantial.
The Granite
City area is
designated
as nonattainment for primary par-
ticulate
standards,
However,
it
is probable that monitoring
stations are not substantially
affected by emissions from
Nestle since its total emissions presently exceeding the
standard are less than 50 tons per year of particulate matter,
and the evidence indicates that most of that weight consists of
particles of large diameter that settled within the Nestle
property.
The Agency believes
the time requested for the
installation of the equipment
is reasonable and recommends
grant of the proposed variance.
The Board finds that Nestle cannot presently comply
with the standards of Rule
203(a)
of the Regulations.
Considering the short
length of time requested for the
variance and the apparent lack of environmental harm,
the Board finds it would be an arbitrary and unreasonable
hardship on Nestle to deny
the variance.
The Board will,
therefore,
grant Nestle
the requested variance until March
15,
1979, under certain conditions.
This Opinion constitutes
the findings
of fact and
conclu-
sions of law of the
Board in this matter,
ORDER
It is the Order of the Pollution Control Board that
Nestle Company,
Incorporated,
be granted variance from
Section 9(a)
of the Environmental Protection Act and
Rule 203(a)
of the Air Pollution Control Regulations until
March
15,
1979, for its facility located in Granite City,
Illinois, under the following
conditions:
A.
Nestle shall execute the proposed schedule of
compliance contained in
its July 18, 1978
petition, which
petition is incorporated by
reference as
if fully set forth herein.
B.
Nestle shall post a performance surety bond
in the amount of $2,000 for the purpose of
assuring compliance
with the Regulations
pursuant to the
Environmental Protection Act.
The bond shall be
submitted
to the Agency,
at the following address:
Environmental
Protection Agency, Division of Air Pollution
Control, Control Program Coordinator,
2200 Churchill Road,
Springfield,
Illinois
62706.
33—14
—3—
C.
Within 45 days of the adoption of this Order,
the
Nestle Company,
Incorporated,
shall execute and
forward to the Illinois Environmental Protection
Agency,
2200 Churchill Road,
Springfield,
Illinois
62706
a Certification of Acceptance and Agreement
to be bound to all terms and conditions of this
Order,
The 45 day period shall be held in abey-
ance during any period this matter
is being
appealed.
The form of said certification shall
be
as follows:
CERTIFICATION
I
(We),
having read and
fully understanding the Order of the Illinois Pollution Control
Board
in PCB
78-191, hereby accept said Order and agree to be
bound by all of the terms and conditions thereof.
SIGNED
TITLE
DATE
I, Christan L.
Moffett,
Clerk of the Illinois Pollution
Control Board,
hereby certify the above Opinion and Order
were adopted on the
/~
day of
,
1979 by a vote of
g-c:)
Illinois Pol
Board
33—15