• ILLINOIS POLLUTION CONTROL BOARD
    April
    11$, 1971
    E.I. DU PONT DE NEMOURS & CO.
    )
    )
    )
    v.
    )
    #71—9
    )
    )
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    )
    Opinion
    of
    the
    Board
    (by
    Mr.
    Currie):
    DuPont manufactures explosives three miles from
    Seneca,
    Illinois (see EPA recommendation,
    p. 1).
    Explosive wastes
    generated in its operations, including boxes in which explosives
    have been stored and damaged primers
    (R.
    9),
    have been disposed
    of
    by open
    burning.
    The
    company asks extension of a variance
    that
    expired in December, 1970, to continue burning these wastes
    until June 30, 1971, when it will have ceased the manufacture
    of primers and therefore the need for further burning (R. 11—12).
    We grant the extension.
    Open burning is generally forbidden, but the statute reeognizes
    that in some cases alternative methods of disposing of explosive
    wastes would create a safety hazard sufficient to Justify open
    burning (Environmental Protection Act, section 9(c)).
    We have
    granted similar applications in the past, conditioned on vigorous
    efforts to discover alternative methods.
    E.g., Olin Corp.
    v.
    EPA,
    # 70—11
    (Oct.
    22, 1970).
    In Olin’s case considerable pro-
    gress has been made; in renewing that variance we were able to
    require the reduction of open burning upon installation of newly
    developed technology for abating emissions.
    Olin Corp.
    v. EPA,
    # 71—7 (March
    3,
    1971).
    Consequently in the present case the
    hearing officer carefully explored the question whether this new
    technology could be employed under the conditions of DuPont’s
    operations.
    The answer, concurred in by both the company’s ex-
    pert
    and
    by the EPA’s, was that it could not be and
    that
    there
    was no safe alternative to open burning in this case
    (R.
    l7’-l8).
    To deny the variance thus would create a substantial risk of
    explosion.
    The proposed open burning will be relatively innoquous. The
    EPA testified
    that
    burning
    would take place in an isolated area
    so
    remote
    that
    no
    one
    would
    know it
    was
    taking place
    (R.
    17).
    The
    nearest buildings other than DuPont’s
    own
    are 2000 feet away
    (R.
    6-7).
    The
    contaminants
    produced
    are
    mostly carbon dioxide, nitrogen,
    and water, with some light smoke, and perhaps small amounts of.
    nitrogen oxides and carbon monoxide
    (R.
    13_lIt, 20).
    The EPA
    1
    —451
    is convinced there will be
    no nuisance
    and no odors
    (R.
    21—22).
    The burning
    wIll
    take place
    for one hour each week
    (R.
    16) under
    favorable wind conditions
    (B.
    23), 300 pounds
    of materials per week
    are exeected to
    be
    burned
    (H.
    16).
    There have been no complaints
    about
    this burning in the past
    (H.
    7,
    25).
    DuPont has agreed
    to stop
    using
    fuel
    oil to ignite the wastes
    (H.
    13).
    To
    deny
    the
    variance
    would
    impose
    an
    arbitrary
    or unreasonable
    hardshir,
    The
    variance,
    will
    be granted upon conditions
    stated
    in the
    order,
    This ocinion constitutes
    the Board’s findings of fact
    and
    conclusions
    of
    law.
    ORDER
    1.
    ill.
    DuPont Dekemours
    &
    Co.
    is hereby granted
    an
    extension
    of its variance to burn in the open not more than
    300 pounds per
    week of wastes
    contaminated with explosives,
    at the burning site
    described
    in the record, until June
    30,
    1971.
    2.
    No burning shall take place after June
    30, 1971.
    3.
    No fuel
    oil or other smoky material shall
    be used in connection
    with this burning,
    I,
    Regina
    H, Ryan, certify that the Board adopted and approved
    this opinion
    by the Board this
    ~~ofA~rjI
    I
    —
    452

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