ILLINOIS POLLUTION CONTROL BOARD

March

2,

1978

IMC CHEMICAL GROUP, INC.

Petitioner,

v.

)

PCB 77—229

ENVIRONMENTAL PROTECTION AGENCY

Respondent.

OPINION AND ORDER OF THE BOARD 1:y Dr. Satchell):

On September 9, 1977 Petitioner, IMC Chemical Group, Inc.

filed a petition for variance from Rule 505 of the Board’s

Chapter 2: Air Pollution Regulations. The request is to allow

the open burning of several buildings~ The recommendation of

the Environmental Protection Agency (Agency) was filed with

the Board on October 17, 1977. Subsequently an amended vari-

ance petition was filed on Janu ~

~,

1978 and an amended

recommendation was filed by the ~jency

on February

8, 1978.

A further response was filed by

IMC

on February 27, 1978.

The Board has granted previous variances at this site in

PCB 71-57 and PCB 76—259. In this latter case, decided

January 6, 1977, Petitioner was granted a variance to burn

twenty—four buildings and four powder ponds in a six-month

period.

Petitioner did operate a plant at this site, consisting

of approximately 608 acres near Marion, Williamson County,

Illinois, where explosive products are stored for distribution

by its Trojan Division. Explosives have been produced at the

plant since approximately 1963 to May 1971. Petitioner leases

the plant from the United States Department of Interior, Fish

and Wildlife Service, Bureau of Sport Fisheries (Department)

During the time period of the previous variance seventeen

of the twenty-four buildings were decontaminated. The reasons

for not decontaminating all the buildings and ponds as re-

quested include that the Department delayed decontamination

due to unsuitable weather conditions; the Department further

instructed Petitioner to decontaminate two additional build-

ings (24-a and 69); and revision of the burning procedures

for the powder ponds by the Department. Petitioner now has

eight buildings in need of decontamination. These buildings

have not been used since 1971. Prior to 1971 for a period of

approximately sixteen years these buildings were used for the

handling and processing of explosives including: nitroglycerin

dynamite (DYN), nitroglycerin (NG), nitrocellulose (NC),

pentaerythritol tetranitrate (PETN), cyclonite

(RDX),

tn-

nitrotoluene (TNT), lead azide, lead styphnate and mixtures of

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the aforementioned such as Tonpex, HBX and FNH. The buildings

need to be decontaminated because they constitute a fire and

explosion hazard rendering the immediate area unusable and

unsafe.

Additionally, certain explosives and explosive materials

stored at the plant have in the past fourteen years become

obsolete. These explosives are unfit for reworking into new

products and are a significant safety hazard and are also in

need of decontamination.

The only safe way to decontaminate the facilities and

obsolete explosives is by open burning or flashing. Without

burning it is impossible to remove or desensitize all explosives

from cracks in the concrete or from absorption into the wood or

to complete any and all requirecents to decontaminate the

facilities. Any other means of decontamination would create

extreme danger for the workmen

.

volved in the operation.

To decontaminate the buildings Petitioner will remove

parts of the flooring to remove major concentrations of

explosives. These parts would then be taken to the burning

ground to be open burned, Small amounts of No. 2 fuel oil

would be added to the parts to aid in both combustion and

desensitizing the nitroglycerin and then igniting the same.

The remaining wall liners and f~oorinside the buildings will

be burned by filling the buildings with six inches of straw

and/or paper and spraying small amounts of No, 2 fuel oil

over the area and then igniting the same.

The obsolete explosives present considerable hazard and

should be burned in relatively small increments. Petitioner

suggests utilizing two burn sites where two strips of powder

would be placed each approximately 3 inches by 15 inches and

20 to 40 feet long. The two parallel strips spaced about ten

feet apart would be ignited simultaneously. The burn time is

estimated at approximately twenty minutes. The decontamination

personnel would move to the second burn site after burning is

completed at the first site. Petitioner estimates that less

than 1,000 pounds of explosives can be safely destroyed per

burn day by this procedure. The areas adjacent to the burn

sites will be cleared of brush to minimize the risk of fire.

Four trained men will be on the site equipped with

adequate fire hydrants and hoses to provide fire protection.

The neighboring fire department will be placed on a standby

basis to prevent the spread of fire. The open burning will

be conducted under the direction of personnel trained in de-

contamination procedures and will be done between the hours

of 8:00 A.N. and 3:00 P.M. Petitioner estimates that the

open burning and flashing would occur at a maximum of three

times per week and that the amount of material to be burned

on each individual occasion would vary from a minimum of less

than a ton to a maximum of fifteen tons.

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petitioner avers that the burning wi,l1 not create signi-

ficant amounts of air pollution,. Minor amounts of particulate

matter will be generated by the burning of the fuel oil, straw,

paper and wood. The Agency indicates that the nearest resi-

dence is approximately 0.48 miles south of the burning site.

Marion, Illinois, located approximately 5.5 miles northeast

of the facility, has a population of 12,900. No other similar

emission sources are located near the facility and the major

portion of the surrounding area is in the Crab Orchard Wildlife

Refuge. There are no reliable emission factors available

for the materials contemplated in the petition: lumber,

straw, explosive wastes and fuel oil along with miscellaneous

rubber and plastics. In the Illinois Annual Air Quality Report,

1976, there were no excursions beyond the air quality standards

for part~.culates, nitrogen dioxide and sulfur dioxide at

Marion, Illinois. The Agency states that though Marion air may

be typical of the general quality of the air in the surrounding

area that it does not believe that the Marion data can be re-

lied upon, to determine that there are no violations of air

quality. However, the Agency believes that with the relatively

small amount of pollutants to be burned and the Agency’s re-

commended time period of six months that chances of air quality

standards violations are minimal.

The Agency did not receive any citizen complaints from

the burning done under PCB 76-259. The Agency does agree

that Petitioner will suffer an arbitrary and unreasonable

hardship if not granted this variance. Petitioner’s employees

would be exposed to the possibility of explosions if any other

method of decontamination is used. The Agency recommends the

grant of a six month variance subject to several conditions.

The Board finds that Petitioner would suffer an arbi-

trary and unreasonable hardship if not granted this variance.

The Petitioner has requested a variance period of one year.

The Agency has recommended six months. The Board notes that

PCB 76-259 was for six months but because of varying factors

the time was not long enough. This time there are fewer

buildings to burn. The Board will grant the variance for a

period of six months with respect to the buildings and for a

period of one year with respect to the obsolete powder. This

should allow Petitioner ample time to make the requested

decontaminations with minimum risk to the environment and to

their personnel. Petitioner will be required to follow the

conditions set forth in the order.

This Opinion constitutes the Board’s findings of fact

and conclusions of law in this matter.

ORDER

It is the Order of the Pollution Control Board that the

IMC Chemical Group, Inc. is granted a variance from Rule 505

of Chapter 2: Air Pollution Regulations for a period of six

months with respect to the buildings and one year with respect

to the obsolete powder subject to the following conditions:

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1. That only the material and buildings 1iste~ in

the amended petition be burned’.

2. That during such burning time PetitIoner will

have four (4) trained men on site who will

be

equipped with adequate

fire

fighting equipment

to provide fire protection, and the neighboring

fire department will be placed on a standby

basis to prevent the spread of fire,

3. The burning will be conducted ui’~ider the direction

of personnel trained in decontamination pro~-

cedures and will be conducted between the hours

of 8:00 A.M. and 3:00 P.M.

4. That no more than

one

specific

building

site or

no more than two speeif:Lc

obsolete powder burning

sites

be burn~per day.

5. At least three (3) days prior

to each

scheduled

burning, the Petitioner shall notify the Regional

Office of the site to be

burned end

tho

estimated

material involved.

lISA

West Main Street, Collinsvilie,

Illinois 62234

—

telephone:

6i8/T345-~0700,

6. The Petitioner shall notify

tho Aency~s Region IV

Office via telephone

618/345-07t0

on the

day of

the scheduled burning

before

horning

takes

place.

7. If ambient air quality or weatJ~er conditions

are

not favorable to burning, the \cI~rcy it-rough ics

manager of the Region IV or ni~ representatives

shall have the

right to instruct. Petitioner to

postpone the burning until improved conditions

warrant the scheduling of

the burning

period.

8. Petitioner shall file monthly written reports to the

Agency on the first of each month detailing the

buildings and materials

burned during

that period.

9. Within 45 days after the

date al Lhis Board

Order

herein the Petitioner

shall exucuto and

forward

to John D. Williams, Illinois Environmental Pro-

tection Agency, Enforcement Programs, 2200 Churchill

Road, Springfield, Illinois

62706

a Certification

of Acceptance and Agreement

to be

bound to all terms

and conditions of the variance. This 45 day period

shall be held in abeyance for any period during

which this matter

is

appealed

The form

of said

Certification shall be as

follows:

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CERTIFICATION

I (We), _________________________ having read and fully

understanding the Order of the Illinois Pollution Control

Board in PCB 77-229 hereby aLcepts said Order and agree to

be hound by all terms and conditions thereof.

Title

Date

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, her~y certify the above 0 inion and Order were

adopted on th

~‘

day of fr\

,

1978

byavoteof

,.~

.

)

Christan L. Mof

Clerk

Illinois Polluti ontrol Board

29

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