ILLINOIS POLLUTION CONTROL BOARD
    THE
    NESTLE
    COMPANY
    )
    R~i3
    No.
    70—22
    v.
    ENVIRONMENTAL PROTECTION AGENCY
    OPINION OF THE BOARD
    (BY MR. LAWTON):
    December 22,
    1970
    The Nestle Company,
    Inc. operates an instant tea manufacturing
    facility in Granite City,
    Illinois.
    At the present time, the manu-
    facturing process causes emissions of approximately
    21 pounds per
    hour of water-soluble tea and non-soluble dust, based on
    a production
    rate of 1,600 pounds per hour.
    Emissions permitted for such an opera-
    tion are limited to 3.52 pounds per hour.
    (Rules and Regulations
    Governing the Control of Air Pollution 3-3.113; Chapter III Table
    1).
    Petitioner’s original application for variation received by the
    Board on October
    8, 1970 requested a period of time until Decem-
    ber 31,
    1971,
    in which to install a secondary wet scrubber of the
    Joy Microdyne type which the evidence indicates would achieve approx-
    imately 98
    efficiency
    in controlling emissions and would bring
    the Nestle operation well within the legal limits.
    Hearing was held
    on the Petition for Variance at Granite City, Illinois, on Novem-
    ber 30,
    1970.
    The Environmental Protection Agency submitted its
    recommendation,
    recommending allowance of the variation subject
    to the posting of bond equal
    to the cost of the control equipment
    proposed to be installed.
    Petitioner employs 175 people at the Granite City plant.
    95
    of its instant tea production takes place at that location.
    The emis-
    sions are inert and non—toxic.
    No one appeared in opposition to the proposed variation.
    The
    Chairman of the Granite City Air Pollution Control Board filed a
    letter received as Exhibit 5 requesting that any action of this Board
    be contingent upon Nestle complying with requirements of the Granite
    City Air Pollution Control Ordinance.
    The terms of the ordinance
    were not introduced in evidence at the Hearing although the letter
    indicates that the “Illinois Rules and Regulations” are incorporated
    in the ordinance.
    It would appear that the local regulations require
    a variance and reporting program comparable to that required under
    the Environmental Protection Act.
    At the hearing, Petitioner stated that it had received a
    proposal from Hart-Carter Company for a dry—type scrubber which would
    1 —97

    result inrernoval of particulate emissions at 98.83 efficiency
    and that the total cost of equipment and installation would be
    $20,000.00 more than the wet scrubber originally oroposed.
    Peti-
    tioner requested that this proposal be considered as an alterna-
    tive
    to that originally specified.
    The
    Hearing Officer suggested
    that if the Hart-Carter dry-type scrubber was superior to the
    Joy Microdyne scrubber that it should be the basis
    of
    the variation
    request and that the Board should not be put
    in
    a position of
    selecting alternatives.
    Petitioner accordingly asked for and was
    given
    leave
    to
    amend
    its
    petition
    for
    variation
    to
    provide
    for
    the
    installation of the Hart—Carter Dry Process Dust Collector
    and to
    decrease the time in which the installation would be made from
    December
    31,
    1971 to
    a period of seven months from the granting
    of the variance.
    By stipulation of the parties,
    the Hearing Officer was per~-
    mitted to view
    the premises.
    The view included a thorough examination
    of the interior of the plant and the tea—drying facilities as well
    as the roof where the exhaust from the tea-making process is located.
    The
    tea is manufactured in
    a spray dryer approximately
    five stories
    in height, utilizing primary cyclones
    at the end of
    the spray-drying
    cycle.
    Two air streams are emitted carrying the effluent, now exhausted
    on the
    roof, which would be controlled by the proposed dust control
    eauipment.
    It was the Hearing Officer’s observation that the emissions,
    even if uncontrolled,
    are not unduly offensive,
    are virtually odor-
    less and do not appear to have attributes of dirt or oil.
    The record indicates that some
    time ago, Petitioner
    caused samplings of its emissions
    to be made by private consultants
    and was advised that the emissions did not constitute .a violation of
    the Air Pollution Regulations.
    Inspecticn during the month of July,
    1970 by representatives
    of the Environmental Protection Agency re-
    sulted in Petitioner retaining
    the firm of
    Ryckman, Edgerly, Tomlin-
    son and Associates, whose report indicated the emissions above
    set
    forth would constitute
    a violation of
    the regulations.
    As
    a consequence
    of this report, Petitioner sought bids
    for suitable equipment to abate
    the emissions indicated and filed the variance proceeding which is
    the subject matter
    of this Opinion.
    While the emissions from Petitioner’s plant are unquestionably
    a violation of the law, it should be noted
    that this operation takes
    place in an area where air pollution from other manufacturing opera-
    tions
    is
    a major problem.
    The emissions from the Nestle plant are
    extremely mild
    in consideration of
    the overall ambient air character-
    istics in Granite City,
    Nestle’s prooertv
    is located in an industrial
    area and does
    not appear to produce any substantial iiapact on any
    residential properties.
    It is believed that allowance
    of the varia—
    tion would he in the best interests
    of the state
    and the municipality.
    The ultimate install~r:ionas proposed would be
    a step forward in an
    1

    area where much remains to be done.
    The Environmental Protec-
    tion Agency’s investigation indicates that while adjacent neighbors
    are not burdened by the plant’s emissions, they would be pleased
    to have the operation brought into compliance.
    The proposal of Hart—Carter indicates, and the evidence of the
    witnesses substantiates, that a seven-month period would be
    appropriate to fabricate, obtain and install the necessary equip-
    ment.
    It is the Opinion of the Board that the Petitioner has sustained
    the
    statutory
    requisites
    for
    the granting of a variance.
    Requiring
    Petitioner to shut down its operation in lieu of permitting installa-
    tion of the dry scrubber,
    as proposed, would constitute arbitrary
    and unreasonable hardship upon Petitioner, without sufficient corres-
    ponding benefit to the public.
    The tea-drying process is an essen-
    tial part of the manufacturing operation and insistence
    on immediate
    compliance would necessitate a shut—down of the entire plant, the
    lay-off of 175 employees and the elimination from the market of
    Petitioner’s product.
    The foregoing opinion constitutes the Board’s finding of fact
    and conclusions of law.
    IT IS THE ORDER OF THE POLLUTION CONTROL BOARD THAT:
    1.
    A variance is hereby granted to The Nestle Company,
    Inc., Granite City, Illinois, expiring July 31,
    1971,
    to permit emissions of particulate matter in excess
    of those permitted by the regulations during the in-
    stallation of dust control equipment for spray dryer
    operation pursuant to dry scrubber proposal dated
    November 24, 1970,
    from Hart-Carter Company, and
    received in evidence as Petitioner’s Exhibit B.
    2,
    This variance shall be conditional upon the filing of
    a personal bond in the amount of $60,000.00 with the
    Environmental Protection Agency to assure correction
    of the existing violation within the time prescribed.
    The face amount of the bond shall be reduced propor~
    tionately as the installation of the equipment pro-
    gresses, pursuant to the certification by the Envir-
    onmental Protection Agency as to the degree of comple-
    tion.
    If Petitioner operates the facility after
    July
    31,
    1971, without having installed the equipment
    described in paragraph
    1 of this Order, it shall
    forfeit the remaining face amount of the bond and
    shall be subject to such statutory penalties as are
    appropriate.
    1
    —99

    3.
    During the period that this variance is in effect,
    Petitioner shall not cause or allow any increase in
    the emissions of particulate matter
    in excess of
    that amount being emitted on the date of this
    Order.
    4.
    Petitioner
    shall
    submit
    to
    the
    Environmental
    Protection
    Agency
    a monthly report,
    the first of which shall be
    received by February 1,
    1971,
    stating the progress
    of
    its
    installation.
    The
    Environmental
    Protection
    Agency shall certify to the Pollution Control Board
    the degree and percentage of installation at which
    time the bond set forth in
    Paragraph
    2
    shall
    be re-
    duced proportionately.
    I dissent:
    I,
    .Reqina
    F,
    Ryan,~, certi~fythat the Board adonted the above O-rinion
    this
    ,~.
    day of
    ~
    ,
    1970,
    ~‘-~L~
    ‘-~7(
    Rea~jia
    E.
    Rya~j
    Cl~rkof the Board

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