ILLINOIS POLLUTION CONTROL BOARD
    November
    8,
    1990
    THE ENSIGN-BICKFORD
    COMPANY
    )
    AND THE TROJAN CORPORATION,
    )
    Petitioner,
    V.
    )
    PCB 88—156 and 88—168
    (Consolidated)
    ILLINOIS ENVIRONMENTAL
    )
    (Variance)
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE
    BOARD
    (by M.
    Nardulli);
    This matter comes before the Board on a motion to modify Board
    order
    filed
    on
    October
    11,
    1990
    by petitioner
    Ensign-Bickford
    Company and Trojan Corporation.
    On October 30,
    1990, the Illinois
    Environmental
    Protection
    Agency
    (Agency)
    filed
    its
    response
    objecting to the motion to modify.
    On August 10,
    1989,
    the Board granted petitioner a five-year
    variance from 35
    Ill.
    Adm. Code 237.102 prohibiting open burning
    and
    authorized
    petitioner
    to
    open
    burn
    explosive
    waste
    and
    explosive contaminated waste pursuant to 35 Ill. Adm. Code 237.103
    subject to certain conditions.
    By its instant motion, petitioner
    seeks to modify Condition 0 of the Board’s order which restricts
    the amounts of certain wastes which petitioner is allowed to open
    burn.
    Condition 0 provided that Ensign-Bickford
    shall
    not burn
    more than 100 lbs. of explosive—contaminated materials per week and
    that
    Trojan
    shall
    not
    burn
    more
    than
    460
    lbs.
    of
    explosive-
    contaminated materials per week.
    Petitioner proposes that a single limitation be imposed upon
    Ensign-Bickford and Trojan so that Condition 0 would be modified
    to
    allow
    petitioner
    to
    open
    burn
    3,035
    lbs.
    of
    explosive-
    contaminated materials per week.
    According to petitioner,
    it
    is
    no longer able to meet the current limitation because petitioner’s
    old supplier ceased operations and petitioner’s new supplier
    of
    explosives packages TNT
    in telescoping
    boxes
    which
    weigh
    seven
    times
    that
    of the old
    supplier’s packaging.
    Consequently,
    the
    amount of material to be
    open burned has
    increased.
    Petitioner
    asserts that this
    increase would not pose any increased adverse
    environmental impact.
    The
    Agency
    opposes
    the
    motion
    for
    modification
    because
    granting the motion would result in an additional 64.35 tons per
    year
    of explosive—contaminated materials being
    burned,
    which
    is
    four times the amount currently authorized be the Board’s order of
    August
    10,
    1989.
    The Agency also notes that while the requested
    modification may not cause.a violation of the NAAQS,
    it will result
    in an adverse environmental impact.
    116—07
    2
    Unlike those situations where a petitioner seeks modification
    of an
    internal deadline imposed in
    a variance,
    the modification
    requested by petitioner would
    significantly alter
    a
    substantive
    condition imposed by the Board
    in granting the initial variance.
    The Agency
    correctly
    notes
    in
    its
    response
    that
    granting
    the
    requested modification
    by way
    of
    a
    motion
    rather
    than
    a
    new
    petition for variance deprives the public of the opportunity to
    participate at hearing.
    Because the requested modification would
    significantly
    alter
    the
    limitations
    imposed
    by
    the
    Board
    in
    granting the variance, the Board hereby denies petitioner’s motion
    for modification.
    Petitioner may file a new petition for varaince
    if it so chooses.
    IT IS SO ORDERED.
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby c rtify that the above order was adopted on the
    2~-’
    day of
    __________________
    ,
    1990 by
    a vote of
    7O
    c-~_~
    ,~.
    Dorothy N. ~nn,
    Cle’rk
    Illinois Po’llution
    Control Board
    116—08

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