ILLINOIS POLLUTION CONTROL BOARD

February 11,

1976

CPC INTERNATIONAL,

INC.,

Petitioner,

v.

)

PCB 75—175

ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

AND

S.O.R.E.

Intervenor.

Mr. James W. Gladden,

Jr. and Ms. Percy Angelo, Mayer, Brown, and

Platt appeared on behalf of the Petitioner;

Ms. Kathryn

S.

Nesburg, Assistant Attorney General appeared on

behalf

of Respondent;

Mr. Dan Galatzer appeared on~behalf of Intervenor.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board)

upon the Amended Petition of CPC International,

Inc.,

(CPC)

for

variance from Rules

203(g) (1) and 203(i) (4)

of the Air Regulations

until March

1,

1977.

The instant variance petition was filed

April

28,

1975, amended August .12,

1975,

and supplemented October

22,

1975.

The Agency

filed its recommendation August

12,

1975,

and an amended recommendation January

6,

1975.

A hearing was held

October 27,

1975.

CPC seeks

this variance for its corn wet milling plant

in

Bedford Park, Cook County,

Illinois.

Petitioner’s process steam

and electricity are supplied by five boilers, two of which are

225 MMBTU/hr gas-fired and the others being 332.5 MMBTU/hr pulver-

ized,

dry bottom,

coal-fired boilers.

The coal-fired boilers’

emissions are currently controlled by multiclone dust collectors.

1800 people are employed at Petitioner’s Bedford Park plant

(R74)

where 100,000 bushels

of corn per day are milled and processed into

finished products which include corn sugar,

corn starch,

corn oil

and corn syrup.

20—13

---

—2—

CPC had previously received variances from Rule 104 of the

Air Regulations in PCB 73-212 and 74-340.

The purpose of these

variances was to investigate the possibility of burning a combi-

nation of solid waste and pulverized coal in its coal-fired boilers.

Emissions were to be controlled by bag-houses.

Petitioner was unable

to obtain

a steady source of pelletized solid waste

fuel

to operate

on a regular basis.

Indeed, Petitioner states that,

in order for

the proposed fuel combination to be financially reasonable,

the

solid waste content would be between 30 and 50

(R125).

Apparently

CPC never obtained enough solid waste fuel to burn for 10 hours

consecutively at that percentage

(R129).

CPC expended in excess

of $100,000.00 on this research project

(R179).

The Board finds

that CPC has substantially complied with the conditions of its

previous variances.

In the Case of Commonwealth Edison Company v.

Pollution Control

Board,

Doc.

No.

47352,

the Supreme Court of Illinois affirmed an

Appellate Court decision reversing the Board’s adoption of 203(g) (1).

As Rule 203(i) (4) concerns the date of compliance with Rule 203(g) (1),

the petition for variance from both Rules will be dismissed as moot.

This Opinion constitutes the Board’s findings of fact and conclu-

sions of law in this matter.

ORDER

It is the Order of the Board that CPC’s petition for variance

from Rules

203(g) (1) and 203(i) (4)

of the Air Regulations be and

is, hereby, dismissed without prejudice.

IT IS SO ORDERED.

I, Christan L. Moffett,

Clerk of the Illinois Pollution Control

Board4 hereby certify

t e above Opinion and Order were adopted on the

ii

~

day of

,

1976,

by a vote of

q..p

Christan L. Moffet,ç,c~1erk

Illinois Pollution’~ntro1 Board