ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    April
    14,
    1971
    PURDY
    CO.
    )
    )
    )
    v.
    )
    #71—2
    )
    )
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    )
    Opinion
    of the Board (by Mr. Currie):
    Purd.y
    operates
    a
    railroad
    car
    dismantling
    operation
    in
    Madison,
    Illinois
    (R.
    26).
    Notwithstanding
    the
    fact
    that
    salvage
    by
    open
    burning
    has
    been
    against
    IllinoLs
    law
    since
    1965,
    the
    company
    engaged
    in
    the
    open
    burning
    of
    railroad
    boxcars
    through
    1970
    (R.
    34—36)
    at
    a
    frequency
    of
    once
    every
    5
    to
    7
    days
    (R.
    35).
    Incredibly,
    Purdy
    has
    no
    idea
    of
    the
    number
    of
    cars
    that
    were
    burned
    in
    1970
    (R.
    31$)
    and,
    according
    to
    its
    Plant
    Superintendent,
    the
    company
    keeps
    no
    record
    whatsoever
    of
    the
    number
    of
    wooden
    cars it burns
    (R. 36)
    although
    it can estimate the frequency of
    its burning operations.
    After repeated urgings of the Illinois Air Pollution Control
    Board
    (R. 17), on May 8, 1969, Purdy submitted an aD contaminant
    emission reduction program (ACERP) more than one year after it
    was due.
    The ACERP, approved on May 29, 1969, stated categorically
    that the purchase of wooden cars for open burning purposes would
    be steadily reduced during the next two years:
    It is anticipated that within a 24 month period,
    we shall reduce our purchase of obsolete rail-
    road cars at a rate of 12 1/2
    per quarter
    (Ex.
    A, p.
    2).
    The Ac2RP, as we held in EPA v. Commonwealth Edison Co.,
    #70_it
    (Feb. 17, 1971), was itself a variance and therefore expired
    one year after its issuance.
    Purdy now asks us for permission
    to continue burning railroad cars until June 30, 1971.
    The
    petition for variance does not specify how many cars Purdy would
    like to burn in the open or what will occur after June 30, 1971
    and makes no mention of the company’s compliance, or even progress
    toward complSance, with the terms of the ACERP.
    Indeed, attempts
    ‘-435

    to adduce this latter but of evidence were resisted at the hear-
    ing by the company’s counsel (R.
    1011—107).
    Testimony at the
    hearing, however, leads us to believe that Purdy is requesting
    permission to burn some twenty—nine refrigerator cars
    (R.
    57)
    it presently has on its site in Madison and an indeterminate number
    of cars it plans to acquire by June
    30.
    (ft.
    1~1j,
    93—96,
    98,
    99,
    127, 128, 1411_lilT, 151).
    The Company represents that it has not
    burned any cars whatsoever since Dec. 22, 1970
    (ft.
    ItIt,
    1117) and
    it has not been forced to reduce its work force since that date
    as a result of the discontinuance of the burning operations
    (ft.
    117).
    We refuse to grant Purdy the permission it seeks and issue
    a stern warning against the burning of such cars in violation of
    our order.
    The statute provides that .a variance may be granted only if
    the
    petitioner shows that compliance with the law would impose an arbitrary
    or unreasonable hardship, and may be extended “only if satisfactory
    progress has been shown”
    (Environmental Protection Act, sections
    35, 36(b), 37).
    Purdy has failed to meet these burdens.
    In addition
    to resisting efforts to determine whether or not there had been
    compliance with its ACERP, Purdy also advanced no proof that
    the harm to the community would he tolerable were we to grant
    the variance.
    It fought the requirement that it produce a
    map showing the location of its operations in relation to
    neighboring residential communitite
    (ft. 108) and, indeed, ad-
    mitted that the burning would produce heavy black smoke for about
    half an hour
    (ft. 28,
    58)
    and then smolder for two to three hours
    more
    (ft.
    28).
    Such conditions are clearly detrimental to neighboring
    residents and, in the wot’ds of Pufly’s Executive Vice President,
    “it just isn’t a pretty business.”
    (ft.
    111k).
    In a case decided recently, we denied the request for a
    variance by Lipsett Steel Products, Inc., for similar boxcar burn-
    ing operations (70—50, decided March 22, 1971).
    Lipsett
    conducted its burning operations with the assistance of a gas—
    fired blower, a process which cut down emission levels to a point
    nevertheless adjudged objectionable by the
    Board.
    Purdy
    doesn’t
    even use a hand fan to disperse the obnoxious emissions from the
    burning boxcars.
    It seems willing to let the emissions fallwhere
    they may, regardless of the potential harm tote community.
    And
    we are asked to tondone such insensitive behavior by allowing Purdy
    to burn twenty—nine cars plus perhaps several hundred
    more
    (ft.
    11l1l_117) by June 30, 1971.
    Purdy has no real program for emission control.
    It wants
    to do what we have refused to allow since 1965 except under rare
    circumstances.
    1t maintains that although no workers have been
    laid off since burning operations have ceased, and although it
    has
    no
    idea
    of
    the
    impact
    such
    burning operations would have on
    the
    oemmunity,
    and
    although
    it
    has
    no
    idea
    of
    its
    past
    progress
    1—436

    (or
    lack
    of
    same)
    toward
    compliance
    with
    its
    ACEftP,
    and
    although
    it
    has
    no
    program whatsoever beyond June 30, 1971
    it
    should
    be
    granted permission to resume burning as many obsolete railroad
    cars as it can obtain and
    set
    a
    match
    to
    within
    the
    next
    few
    months.
    We cannot countenance such a request.
    It should also be noted that petitioners who expect us to
    sanction their operations should tell us clearly and concisely
    in their petitions exactly what they are requesting, for how
    long and under what conditions.
    Purdy’s petition herein was
    woefully inadequate and it took a good deal of deductive reasoning
    and mental gymnastics to
    conform
    the
    pleading
    to
    the
    proof
    since
    the evidence elicited at the hearing by Purdy’s counsel as to
    the company’s intentions was equally unclear.
    The petition for variance is denied.
    Any further open burning
    will be subject to severe money penalties.
    This opinion constitutes
    the Board’s findings of fact, conclusions of law, and order.
    I,
    ftegina
    E.
    ftyan,
    certify
    that
    the
    Board
    has
    approved
    the
    above Order and Opinion this
    14
    day of
    Anril
    ,
    1971
    1—437

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