Illinois Pollution Control Board

March

22, 1971

LIPSET? STEEL PRODUCTS, INC.

)

PCB 170—50

ENVIRONMENTAL PROTECTION AGENCY

)

Dissenting Opinion by Samuel B. 

Aldrich

The Illinois Pollution Control Bpard voted to deny the variance

request of Lipsett Steel Products, Inc. I dissent.

Lipsett Steel Products, Inc. has been conducting salvage of railroad

cars by open burning on a site south of Granite City, Madison County,

Illinois since 1957. The number of cars burned in recent years has

ranged from 360 to 486.

Several types of cars are burned, some resulting in more objectionable

odors and smoke than others, but all create a serious nuisance to the

immediate community. Furthermore salvage by open burning has been

illegal since 1965.

On the record, Lipsott made its first move to comply with the law

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in Z’ay 1969. This was 9raaL~d L~ the then existing Air Pollution

Control Board. The plan called for a one-third reduction in number

of cars openly burned (to about 320 cars) by the end of 1969 and

a complete halt by the end of 1970. The record shows that the

company failed by more than 40 cars to meet its reduced numbers

target and that it failed completely to fleet its termination target

for open burning.

The ACERP contained an additional provicion calling for the company

to install as soon as feasible any new technology that would permit

the mechanical removal of wood without

incineration. No such tech-

nology was forthcoming.

Lipsett participated in the so—called Booz-Allen Study aimed at

reducing the objectionable features of open burning of railroad

cars by pro—conditioning the cars with bottom vents to promote more

complete combustion.

A demonstration in Chicago Heights in June 197fl,

was described by a Lipsett official as a complete failure.

Lipsett then proceeded to develop control technology involving gas

blowers to provide additional air, an enclosure to contain the

burning operation, and an after burner for more complete combustion

of the 

smoke

from the primary burner.

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The company claims 80-95 percent teduotibn in smoke 

from

the blowers

alone but this was disputed by some residents in the neighborhood.

The company predicts completion of Installation of its emission

control system by June 30, 1971, and anticipates full compliance with

emission regulations at that time. The designer of the system claimed

95 percent reduction in emissions but could not guarantee full compliance.

The EPA 

and

several “local citizens”requested that the Board deny

the variance request. 

Two

interesting points about the 15 written

objections by citizens were: (1) 

some

had addresses several miles

from the burning site; and (2) 12 of the 15 were by a high school

teacher and 11 of his students..

The Granite City Air Pollution Control Board and the United Steel

Workers of America through a local representative recommended

approval of the variance.

Granting the variance would unquestionably inflict a certain 

amount

of nuisance pollution

upon those who live in the vicinity of the

burning site during burning operations, especially when the wind is

from the south.

The temptation is to order Lipsett to cease and desist open burning

nntll.

the emission control installation is completed and to impose

a penalty for failure to compsy nut. UIIJ.y

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but also with its own ACER?. Unfortunately, this approach penalizes

both the company, which must carry the lesponsibility for failure

to meet deadlines, but also about 50 workers who had no control over

the situation.

Inasmuch as no health hazard is alleged and re1i~ffrom the nuisance

is clearly in sight, the decision should be made in favor of those

who will be deprived of their livelihood rather than those who

will be exposed to the nuisance. The fact that Lipsett has conducted

open burning at this site for 14 years does not give it license to

continue for three months but

it does help to give perspective to

the hardship on the community from granting the variance.

We feel

that the hardship on the community is bearable in comparison to the

hardship on 50 families who will be denied this opportunity to work

for a living.

The workers may in fact suffer double jeopardy:

a) lack of income and b) additional intetest on outstanding debts

or repoAsession of goods purchased on

credit.

The matter of a penalty will be considered in another hearing.

Order

Based upon all of the factors involved in this case, the variance

should have been granted until June 30, 1971, with the following

stipulations:

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1. Lipsett to proceed as rapidiy as possible to install

planned

emission control technology and to beat the target date if at all

possible.

2. No increase in

the

number of railroad cars burned over the

weekly

average of the past 12 months.

3. The present level of employment to be maintained since that is

an important consideration in deciding in favor of the variance.

4. Gas-fired blowers to be used at all times.

5. Burninq to be accomplished as far as is feasible during oeriods

when the wind 

is from

the

north. Burning should

be avoided in periods

weather 

that are adverse to emission dispersion.

Lipsett to

file a plan of

feasibilit:y 

with the Board outlining specific conditions

under~which burning would

be conducted.

6. Lipsett shall post a performance bond,

in a 

form agreeable to EPA

in the amount of $100,000 to assure compliance, bond to he forfeited

if the installation of control equipment is not completed by

June 30, 1971.

i concur

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dissent

I Regina

B.

Ryan, Clerk of the Illinois Po1lut~on

Control Board certify

that Dr.

Samuel B. 

Aldrich submitte~ t:~e above.o~inion on 22 day

of March, 1971.

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Reg~pa 1.. Ryan 

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CJ~~k,Illinois ~Pollution Control Board

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