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.

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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.

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—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

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