ILLINOIS POLLUTION CONTROL BOARD

January

9,

1975

NATIONAL BY-~PRODUCTS, INC.

Petitioner,

vs.

)

PCB 74~322

ENVIRONMENTAL PROTECTION AGENCY,

Respondent

ORDER

OF

THE BOARD ON MOTION FOR MODIFICATION

(by Mr.

Henss):

Petitioner requests modification of the Board Order of

November

7,

1974

to

show the granting

of

variance from Section

9(a)

of the Environmental Protection Act.

On November

7,

1974

the

Board issued its Order granting National By-Products

a

variance from Rule 802(b)

(odors)

of the Air Pollution Control

Regulations for its Decatur rendering plant.

That same Order

denied National By-Products a variance from Section 9(a)

of the

Environmental Protection Act although variance from both Section

9(a)

and Rule 802(b) had been previously granted

in

PCB 73-208.

The

prior

variance

was

granted

provided

that

Petitioner

comply

with

certain

requirements

including

the

installation

of

a

hotwell

cover

for

odor

control.

National

By—Products

completed

the

hotwell

cover

program

and

complied

with

the

intent

of

our

Order in PCB 73-208 but complaints from neighbors were still

being received by the Company and by the Environmental Protection

Agency.

Because of these complaints the Board decided on

November 7 not to extend the Section 9(a) variance.

Upon receiving Petitioner!s Motion for Modification and the

subsequent pleadings by the Agency and Petitioner, the Board has

decided to reconsider its decision.

We have reconsidered the

character and degree of interference with the health, general

welfare and physical property of the people who live near the

rendering plant; the social and economic value of the rendering

plant;

the suitability of the rendering plant to the area in which

it is located, including the question of priority of location in

the area and the plans to close the plant in 1975;

and the technical

practicability and economic reasonableness or reducing or eliminating

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—

193

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Based upon this review and the arguments of the part.ies,

it

is the

opinion

of the Board that National By-Products. is entitled

to a rariance from Section

9(a)

of the Act and it

shall be

so

ordered.

The reason for now allowing the variance from Section 9(a)

is that it is readily apparent that Petitioner has attempted to

accomplish all economically reasonable and technically feasible

control measures on

a very old plant.

Som.e reduction in odor las

occurred but the neighbors are still bothered to

a certain degree.

The

remaining

control

measure

would

be

to

shut

the

old

plant

down,

which in our opinion,

is unreasonable

in

light

of

the

degree

of the odor problem.

The plant is

now

scheduled

for

permanent

closure on June 15,

1975,

With the conditions

already imposed

upon National we now believe

that the threat of further action in

the

form

of

prosecution

because

of

occasional

violation

of

Section

9(a)

is

unwarranted.

ORDER

It is the Order of the Pollution Control Board that;

I.

The

Board Order issued on November 7,

1974

in

PCB

74-322 be modified

by

deleting

that

language

which

denies

variance from

Section

9(a)

of

the

Act.

2.

National By—Products,

Inc. be granted variance from

Section 9(a)

of the Environmental Protection Act for

its Decatur rendering plant from August 15, 1974

until

June 15,

1975.

The variance is subject

to

all

conditions

specified in the November

7,

1974

Order.

I, Christan L, Moffett, Clerk

of

the

Illinois

Pollution

Control

Board, hereby

certify the

above

Order w~sadopted this ~

day

of

~

1975 by a vote

of

toO,

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194