ILLINOIS POLLUTION CONTROL BOARD
    March 16, 2000
    UNITED STATES ARMY CORPS OF
    ENGINEERS-CRAB ORCHARD
    WILDLIFE REFUGE,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 00-152
    (Provisional Variance - Air)
    ORDER OF THE BOARD (by C.A. Manning):
    On March 14, 2000, the Illinois Environmental Protection Agency (Agency) filed a
    request for provisional variance and notification of recommendation. The petitioner, United
    States Army Corps of Engineers (USACE), is requesting a provisional variance from 35 Ill.
    Adm. Code 237.102, which prohibits open burning without a permit so that it may open burn
    explosive waste on site at the Crab Orchard National Wildlife Refuge. The Agency
    recommends that the Board grant a 45-day provisional variance, commencing April 3, 2000,
    and ending May 17, 2000.
     
    The War Department purchased the eastern portion of the Crab Orchard Wildlife
    Refuge (Crab Orchard) to construct the former Illinois Ordnance Plant, which closed in 1945.
    In 1947, ownership was transferred to the U.S. Department of the Interior. Crab Orchard has
    been listed on the National Priorities List pursuant to the federal Comprehensive Environmental
    Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. § 6901
    et seq
    .)
    . The
    USACE has contracted with Montgomery Watson to provide remediation services at Crab
    Orchard. USACE is requesting a provisional variance to allow Montgomery Watson to open
    burn 800 pounds of bulk 2,4,6-trinitrotoluene (TNT) which was generated as a result of
    remediation activities.
    Crab Orchard is located near Marion in Williamson County, Illinois. Williamson
    County is designated as an attainment area meeting all National Ambient Air Quality Standards
    (NAAQS) for all criteria pollutants. The Agency agrees with USACE that it is unlikely the
    proposed variance will cause or contribute to any violations of any NAAQS. In making its
    recommendation, the Agency agrees with USACE that the potential for waste explosion
    2
    outweighs the minimal environmental harm that may be created by safely eliminating the
    explosive nature of the materials through open burning at the site.
    The Board grants petitioner a provisional variance from 35 Ill. Adm. Code 237.102.
    The Board is required, in a provisional variance, to adopt a formal order, assure formal
    maintenance of the record, assure the enforceability of the variance, and provide notification of
    the action by press release. Pursuant to Section 35(b) of the Environmental Protection Act (415
    ILCS 5/35(b) (1998)), the Board must issue the provisional variance within two days of the
    filing.
    The provisional variance is granted for 45 days, subject to the following conditions:
    1.
    The provisional variance shall begin April 3, 2000, and shall end on May 17,
    2000;
    2.
    The provisional variance only allows the open burning of the materials that were
    accumulated through the soil remediation process;
    3.
    Open burning shall be conducted pursuant to USACE’s federally approved
    Record of Decision;
    4.
    Notification shall be sent to the Agency when the burning is commenced and
    again when it is completed. These notifications shall be sent to:
    Deborah J. Williams, Assistant Counsel
    Illinois Environmental Protection Agency
    Division of Legal Counsel
    1021 N. Grand Avenue East
    P.O. Box 19276
    Springfield, IL 62794-9276
    5.
    Within ten days of the date of this order, petitioner shall execute a certificate of
    acceptance and agreement which shall be sent to Deborah J. Williams at the
    above address. The certification should take the following form:
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    CERTIFICATION
    I (We), _________________________________, hereby accept
    and agree to be bound by all terms and conditions of the order of the
    Pollution Control Board in PCB 00-152 dated March 16, 2000.
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 16th day of March 2000 by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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