ILLiNOIS

POLLU’a’ION

CONThOL

BQARD

June itt’

1971

TROJAN—U.S.

POWDER

DIVISION

)

)

)

V.

)

Ii?

71—57

)

71—58

)

ENVIRONMENTAL

PROTECTION

AGENCY

)

Opinion of the Board (by Nr.

Carrie):

These are two related variance petitions in which Trojan

seeks permission to burn explosive wastes at two sites in southern

Illinois and to continue discharging colored effluent into

the water at one of

them.

We grant the burning variances

only, and only in very limited

part,

and not in the terms on

which

they

are

requested.

N

7—57

concerns

the

company’s

plant

near :4arion, whIch

is

nhn:it~tn

renn

nnnntinn

There

I~

2~

~cc

~tz1~t1ot

of

paper

and

other

naterials

contaminated

wi

ui

explouivoa

that

Trojan

says

cannot

safely

be

diaposdd

of

~ithout

upon

burning.

(R.

2~l,

711,

112).

Ezaissions

from

the

last

such

acflvity

there

wore

described

as

consisting

of

light

smoke,

wIth

aono

gaseous

contaminants,

for

a

few

hours

(11.

30.

33—34, 69).

There is a similar re~uestfor the Wolf bake plant, which is

to continue operation, in N 71—58.

In past cases we have often granted such requests in order

to

avoid

safety

problems,

in

right

of

the

relatively

harm

e~s

emissions resulting, if the activity is properly conducted

and in the right.place.

The Agency call~:attention to our

recent decision in P 71—7, Olin Corp.

v.

EPA

(March

3,

1971)

in which the petitioner alleged that with in less.than a year

it would be in a position to dIspose of.conta.minated waste

apparently similar to that in the pre~entcase in a modified

incineration (EPA Ex. A, p.

3, Recommendation,

p.

3).

Olin’s

statenent is enough to deflate Trbjan’s argument that no al-

ternative means

is available, given a little time to buy equip—

ment..

We urge the ‘Agency in future, howovbr, to recognize

its responsibility for presenting its factual material in

evidentiary Qorm so as to permit cross—examination and to file

its recommendation long enough before the heax’ing to allow the

petitioner to prepare its responses.

2—5

---

In the Walt Lake case, therefore, while we shall not

deny the variance a1to~:etIierand require the closing or ex-

plosion of the plant, we snall allow the company only a

limited tlte, under bont,

In which to come up with a firm

program for alternative d±:~poaal.

Four

months will suffice,

if further time is needed to implement ~thatprogram, Trojan

may request an extension, but a showing of diligence and’

progress will be required.

The burning site at Wolf Lake

appears adequate; itj.s 2300 feet from the nearest house,

ançl there have boen’no complaints.

(R.

11,

18’).

On the issue of the final burning of the Marion wastes

the Board is divided.

Mr. Lawton and

I hate expressed our

views on this question in a’ separate concurring opinion.

The

majority of, the Board ‘feels’ that a last burning of explosive

contaminated wastes should be allowed at the Marion site because

of the testimony in the record that the transportation of

these wastes to another site for open burning would create an

unneeded hazardous condition.

Based upon the testimony in

the record that Trojan has burned almost a year’s waste in

four hours on

i•Iay

1

of this” year, it would seem that tie

remaining conta:ainated wastes would certainly not take longer

to burn than that, and perhaps take even less time.

For this

short perIod

of

tIme

fOr

burning, the majority of the Board

dcc! not ftol that an unnato:tary ~‘iazar~

ai~ui~

~

~

i~nwss.

The harm, if any, from the contaminants which will result

from this one allowable burning will indeed be minimal at

compared to the risk in moving the contaminated explosive wastes

to another site for opefl burning.

However, the company promises to cease its “Torpex”

process by no later than July 1

(actually sooner, see below)

and to cease all other manufacturing operations at Marion

within a week or so thereafter

(ft.

51, 56).

Because of the

short time of operation remaining we shall not require Trojan

to pursue alternative methods for disposal at !arion, but

Trojan shall not burn in the wildlife refuge.

It may transport

the’ waste the

‘16 miles to Wolf Lake for disposal, or it may

select another site satisfactory to the EPA.

Permission to

burn Marion wastes shall cease August

1, to allow time for

cleanup after the plant closes.

It is with considerable displeasure that we note that

the company, loss than ten days before the hearing, went right

ahead and burned nearly a year’s accumulation of explosive

waste itithin the refuge

(R.

25,

61), without waiting for our

decision, obtaining the refuge manager’s assent by leading

him to ‘believe a variance was in effect

(ft.

15’?, 163).

Of

course anyone is free to take his chances as to whether his

conduct will be a v~oiationof the Act, and unreasonab1~

hardship is a defense to enforcement.

But, as we hold today,

the hardship in this case does not and did not justify burning

in a wildlife refuge.

An enforcement proceeding would be

entirely ‘in order.

2—S

---

Trojan

also

atks

our

“arproval,”

until

July

1,

of

the

existing system for

wastewater

disi/osal

at

;~arion.

Water

is

used, amone other th2ngs, to melt .ôertaln explonlvo raw materials

in the “tcrpex” procezs(R.

38); iellow or,red dye—like matter

(containing carbon; riydro~en,oxygen, and nitrogen

(ft.

82))

from the explosive finds its

;:ay into the water,

tip to

11000

gpd of which goes into a dItch and thence t~Crab Qrchard’

Lake

(ft.

39—111).

The ditch

is’ often dIscolored, the effluent

has been traced into the lake

(ft.

41), and tbere have been

complaints

(ft.

1611).

Company tests showed insignificant

BOD and suspended solids in,the ditch

(~.

125, 129).

The

Agency’s analysis

of’ the effluent 4tself ~howed enormous

concentrations of both COD (520 mg/l) and suspended solids

(590 mg/i).

The company protests that it is not seeking a variance

for its liquid waste

(B.

7),

presumably because it does not

wish to concede a violation.

It need not so concede to seek

a variance; it sufficps that the conpany asks that any

violation

that may occur, if there

Is one,. be allowed.

We read Trojan as asking for a varIance, and we deny it.

Such a

gross

discharge

‘cannot

be allowed, in a

gains

refp~o,

of all

nln,’teA.

w’lthctiit

n’n~n

~

~

of a pi’inin’~: cct’ULnt

tank,

(B.

98).

The petition ns

ansen’ied at the hearIng

(B.

56, 116)

to

request

approval

of

the

d~scharguonly until

July 1,

when

the torpex

proc’~ss

Is

to

be

abandoned.

But

the

testimony

is

that

torpex

manufacture

was

slated

to

stop

in

fact

by

the

end

of

flay

except

for

“odds

and

ends

of

material

that might be worked into produce after that during a short

period.

(ft. 112—113).

Thus tI~ereshould be no great need to

discharge colored or otherwise objectionable effluent as

of’

the present time.

Any “odds and ends” remaining can be dealt

with at’another plant.

Discharges shall cease now.

There were also allegations in the Wolf Lake petition

regarding other ‘pollution problems

at

that

plant, but they

were inadequate’to support a variance request an4 were with-

drawn at the hearing

(ft.

3).

Nothing in today’s decision in

any way forecloses consideration of any such issues in future

proceedings.

This opiniofl constitutes the Board’s findings of fact

and conclusions

of. law.

Mr. Currie and Hr. Lawton dissent in part for reasons

stated in the concurring, opinion.

2—7

---

ORDER

1.

The

request

for

a

variance

to

permit

the

discharge

of

colored

effluent

at

Marion

is

denied.

2.

Trojan

may

hum

explosive

wastes

from

its

Marion

plant

until August

1, 1971.

Such burning shall not be done ‘in

such

a

place

or

manner

as

to

cause

a

nuisance.

No

smoky

materials

shall

be

used

to

light

the

fire.

A

report

shall

be

filed

no

ater

than

August

9,

1971,

indicating

the

times

and

quantities

of

burning

and

that

the

plant

has

been

closed

and

all

burning

ended.

3.

Trojan

may

burn

explosive

wastes

from

its

Wolf

take

plant

until

October

9,

1971,

but

only

on

the

following

conditions:

(a)

burning

shall

take

place

at

the

Wolf

Lake

burning

site as desrribed in the record;

(b)

burning shall not”be done in such’a manner as

to’

cause a nuisance;

Cc)

no more than

X00•

pounds of waste shall be burned in

~

c’~i~

Rct,

~

iR\.

U

‘“

#3

(d)

no

smoky

materials

shall

be

used

to

ignite

‘the

fire;

(e)

monthly reports shall be submitted to the Agency

and

to the Board detailing the dates and times of

burning and the nature and amounts of wastes burned;

(f)

Trojan

shall

submit

to

the

Agency

and

the

Board,

no later than August

9,

1971, a firm program for

alternative disposal of explosive wastes, in the

form ot a petition for extension of this variance;

(g)

Trojan shall post with’ the Agency by July 9, 1971

a bond or other security in the amount of $10,000,

which shall be forfeited if any condition of this

order Is not met.

I, Regina E. Ryan, Clerk of the Pollution Control Board,61,

certIfy’~thatthe Board adopted the above opinion this

,r’ut

day

of

~

,

1971.

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)

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2—8