ILLINOIS POLLUTION CONTROL
BOARD
August
30, 1983
OLIN CORP.,
Petitioner,
v.
)
PCB 83—102
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent,
OPINION AND ORDER
OF
THE BOARD
(by
J.
Anderson):
This matter comes before the Board on the July 29, 1983
petition for variance from Rule 502(a) of Chapter
2:
Air
Pollution,
filed by Olin Corporation
(Olin).
Olin seeks variance
from June 23, 1983 to June
24, 1984 from this open burning rule
to allow for testfiring of ammunition into fuel oil tanks with
resulting combustion of the fuel therein,
in fulfillment of a
research and development contract with the Department of the
Air Force.
The test range is located two miles northwest of
Marion, Williamson County.
At the time of filing this petition,
Olin requested that
Exhibit C of the petition,
an Olin ~Standard Operating Procedure”
issucd July 28, 1983 concerning “Special Procedure for Conducting
Firestart Tests”, be found subject to nondisclosure pursuant to
35
Ill. Mm.
Code 101,107(c), because of the proprietary nature
of the information therein.
This request is hereby granted.
On August
29, 1983 the Agency filed its Recommendation in
support of grant of variance,
subject to conditions.
No hearing
has been held
in this matter,
since
a) Olin has waived hearing,
and b) none is required by the federal Clean Air Act,
since Rule
502(a)
is not part of the Illinois State Implementation Plan.
This matter is being
given expedited consideration pursuant to
Olin’s August
23,
1983 request,
stating
that Olin~stests must
begin August 30 to comply with contractual requirements.*
Olin currently manufactures
various propellant and
pyrotechnic devices,
as well as intermediate caliber ammunition,
at a leased U.S. Army ordnance plant located
in
the Crab Orchard
National Wildlife refuge west of Marion in Williamson County.
*As a final procedural
note,
a companion provisional variance
dealing with this proposed testing at this facility was today
denied in PCB 83—123.
53-289
2
The subject matter of this variance is certain multipurpose
ammunition
(30 MM/20 MM MPC and 30 MM/20 MM HE1).
Pursuant to
Contract F08635—82—C--0301,
Olin asserts that
it
is required to
demonstrate the capability of the ammunition to pierce enemy
vehicle fuel tanks and ignite the fuel which the tanks contain.
The contract is said to require that ammunition be fired
at a maximum rate of
8 rounds per day into tanks containing 25
to 30 gallons of low sulfur
(.025)
distillate fuel oil.
Approximately 5 gallons of fuel oil will burn per firing, the
remaining oil to be caught in a sump area and drained to an
underground storage tank for reuse.
Each burning
is expected
to last
5 minutes per firing,
visible flames lasting for the
first
2 minutes,
During the life of the contract, Olin expects
to expend 300 rounds of ammunition and 1250 gallons of distillate
oil.
Olin alleges that denial
of variance will impose an arbitrary
or unreasonable hardship, as
it
knows of no other suitable method
to conduct the subject tests required by the Air Force except
open burning.
Olin submits
rio financial data,
but it asserts that
it will suffer present economic loss if unable to meet current
contractual requirements, and possible future loss of business
opportunities to provide similar services,
Olin states that the
impact on human, plant and animal life in the test area will be
minimized by the structures erected at the site pursuant to the
plans contained in Exhibit
D, by daylight-only testing, and by
Olin’s adherence to the test procedures contained in Exhibit C.
Olin further asserts that the emissions from these test
firings will have no significant effect on air quality,
Combustion of the fuel oil
is expected to result in emissions
of particulates, sulphur dioxide, carbon monoxide, nitrogen
oxide, and volatile organics, while detonation of explosives will
result in emissions of particulates, carbon monoxide, and ammonia.
To demonstrate the emissions from these burnings, Olin conducted
sample tests in June,
1983, which it videotaped.
The Board was
provided with still photographs of said tests, and the video-
tapes were viewed by the Agency.
The Agency states that, based on Olin~sdata and calculations
as verified by the Agency, the proposed test firing will not
significantly impact the air quality of the Region,
which is
considered attainment for all criteria pollutants.
Assuming a
total of 250 burns with
5 gallons of fuel oil per bu~n,annual
emissions are calculated to be 0.00125 tons of particulates,
0.02225 tons of sulfur dioxide, 0.003125 tons of carbon monoxide,
and 0.0125 tons of nitrogen oxide.
The Agency notes that it has contacted the residents of the
home nearest the proposed test range, which is located about
½
mile north-northwest of the proposed site,
The residents had no
48-290
3
objection to grant of variance, provided that the ~‘windand its
direction” cause no problems.
The Agency therefore recommends
grant of variance for a year,
conditioned upon Olin’s compliance
with its Standard Operating Procedures, testing and reporting
requirements, and cessation of testing under adverse meteoro-
logical conditions,
Given the insignificant air quality effects of the proposed
emissions,
the apparent adequacy of Oliri~s~Standard Operating
Procedures”, and Olin~sallegations of harm, the Board finds that
denial of variance would impose an arbitrary or unreasonable
hardship.
A one—year variance will he granted subject to the
conditions outlined in
the attached Order.
The Board will not,
however, grant the retroactive variance requested by Olin, as no
justification has been given for this unusual relief other than
the fact that the initial tests are
a ~4~~ccomli.
In this
context,
the Board notes that the Agency questions whether and
when Olin knew of its need to obtain
a variance from Rule 502(a)
in order to legally perform its side of the Olin-Air Force con-
tractual bargain.
Olin is cautioned not to assume the automatic
availability of variance relief to enable
it to comply with any
later—negotiated defense contracts,
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
1.
Petitioner, Olin Corp.,
is hereby granted a variance
from Rule 502(a)
of Chapter
2:
Air Pollution,
to allow test
firings as required by its Contract F08635—82-C—0301 until
August
30,
1984,
subject to the following conditions:
A.
Olin shall conduct the open burning activities
only in accordance with the Standard Operating Procedures
attached to its July 29,
1983 petition as Exhibit
C, which
are incorporated herein by reference as
if fully set forth.
B.
Should Olin receive private complaints concerning
its open burning practices, or should the Agency contact
Olin concerning complaints it has received regarding the
open burning which is the subject of this variance,
Olin
shall immediately discontinue testing until meteorological
conditions are such that the open burning will not
constitute a possible violation of Section
9(a) of the Act,
C.
Olin shall keep available such records of the
testing as may enable
it
to develop an ammunition testing
procedure which does not constitute open burning as defined
in the Act,
53-291
4
D.
Olin shall submit quarterly reports of the testing
to
the
Agency,
the
first
such
report
due
thirty
(30)
days
from
the
date
of
the
Board
order
entered
in this cause.
Such
reports
shall
be sent to:
Illinois
Environmental
Protection
Agency
Division
of
Air
Pollution
Control
115
A
West
Main Street
Collinsville,
IL
62234
Such reports shall include, as a minimirn, time and place of
each burning, identification of the quantity of oil burned,
meteorological conditions
in the vicinity, and complaints
received by Olin and action taken thereon.
2.
Within thirty—five
(35) days after the date of the Board
Order, the Petitioner shall execute and send to:
Mr. Joseph R~Podiewski,
Jr.
Enforcement
Attorney
Illinois
Environmental
Protection
Agency
2200
Churchill
Road
Springfield,
IL
62706
a certification of acceptance of this variance by which it agrees
to be bound by its terms and conditions.
This thirty-five
(35) day period shall be held in abeyance
for any period during which this matter is being appealed.
The
form of the certification shall
be as follows:
cERTIFICATE
I,
(We),
_______________________
________,
having read
the Order of the Illinois Pollution Control Board in PCB 83-102,
dated ________________________________, understand and accept the
said Order, realizing that such acceptance renders all terms and
conditions thereto binding and enforceable.
Petitioner
By:
Authorized Agent
Title
Date
53-292
5
3.
Olin’s
July 29,
1983
request that Exhibit C to its
petition
be
given
“nondisclosure~status pursuant
to
35
Ill.
Mm.
Code 101,107(c)
is granted.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk
of the Illinois
Pollution
Control
Board,
hereby
certify
that
the
abpve
Opinion
and
Order
was
adopted
1on
the
~
ci~y~f
~
—,
1983
by
a
vote
of
~(-O
Illinois
Pollution
53-293