ILLINOIS POLLUTION CONTROL BOARD
March 22, 1985
DEPARTMENT OF THE NAVY,
)
NAVY PUBLIC WORKS CENTER,
)
Petitioner,
v.
)
PCB 84—156
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
LIEUTENANT GARY W. WISE~APPEARED ON BEHALF OF PETITIONER; and
MR. JOSEPH R. PODLEWSKI, JR., ATTORNEY, APPEARED ON BEHALF OF
RESPONDENT.
OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
This matter comes before the Board on a October 18, 1984
petition filed by the Department of the Navy, Navy Public Works
Center (Navy), for a variance from the opacity limitations of 35
Ill. Mm. Code 2l2.123,* The Illinois Environmental Protection
Agency (Agency) filed its recommendation that the variance be
*The question has been raised whether it is necessary for
the Navy to seek a variance from the opacity standard in Section
212.123 given the decision by the Illinois Supreme Court
invalidating this standard in Celotex Corp. v. Pollution Control
Bd., 445 N.E. 2d 752 (Ill. 1983). The Celotex court held that
the earlier invalidation of former Rule 203(g)(1) (for failure of
the Board to consider technical feasibility and economic
reasonableness) required the invalidation of former Rule 202, now
Sections 212.121 to 212.125, because of their close and
substantial relationship. The Court, however, invalidated Rule
202 only insofar as it applied to emission sources governed by
Rule 203(g)(l).
Former Rule 203(g)(l), now recodified under subpart E as
Sections 212.201 to 212.205, regulates particulate matter
emissions from “fuel combustion emission sources,” The
definitions of Parts 201 and 21. apply to Part 212 (see Section
212.112). Section 211.122 defines fuel combustion emission source
as “any furnace, boiler or similar equipment used for the primary
purpose of producing heat or power by indirect heat transfer”.
Since the incinerator in question is primarily used to destroy
pathological wastes, and not to produce heat or power, the
opacity standard remains applicable to this source.
63-~225
2
granted subject to conditions on January 7, 1985, pursuant to
leave to file its variance recommendation instanter granted by
Board order on January 10, 1985. Notice was given and hearing
was held on February 8, 1985, as required by federal
regulations. 40 C.F.R. 51.4 and 51.6 (1984). No members of the
public attended the hearing.
The subject of this petition is a BRULE pathological waste
incinerator owned and operated by the Navy and located at the
Great Lakes Naval Base, Great Lakes, Illinois. The incinerator
has a maximum capacity of 250 pounds per hour. Waste disposed of
at this incinerator is generated by the Naval Hospital and
Veteran’s Administration Hospital and is typically composed of:
plastic and cloth gowns, gloves, towels, sheets, human and animal
tissue, waste from isolation wards, expired drugs and urine
samples in four ounce plastic bottles. Between two and four tons
of pathological waste and approximately three tons of general
waste are incinerated per week.
The Navy possesses a valid operating permit for this
incinerator but has been unable to operate it in consistent
compliance with the opac:Lty standard of 30 contained in 35 Ill.
Adm. Code 212.123. As no alternative means of disposal exist,
the Navy has committed to the construction of a new incinerator,
which is expected to be operational by July 30, 1985,. A variance
for the present incinerator is requested in the interim,*
Opacity is an indicator of particulate emissions. The
present incinerator was observed to violate the opacity
limitations on three separate occasions (September 8, 1983; April
6, 1984; and July 13, 1984), The Navy has tried various
operational changes to eliminate the opacity problem. These
included: 1) increasing the water pressure in the breach; 2)
slowing down material input; 3) increasing burn time from 12 to
16 hours per day; 4) adjusting the gas rate; 5) constant
monitoring of flame adjustment to insure proper burn temperature;
6) installing two make—up air intake vents; 7) varying the
temperature from 1400 F to 1800 F; and 8) ongoing upgrading and
rebuilding of the emission stack. Unfortunately, these measures
were unsuccessful and the Navy agrees that it cannot operate the
incinerator within the required standards.
The Navy also investigated the possibility of incinerating
the waste elsewhere. After contacting eleven hospitals, the Navy
determined that Ravenswood Hospital, located in Chicago, was
capable of accepting the waste but later advised the Agency that
*The Navy originally requested a variance to April 309
1985. However, at hearing, the Agency introduced a letter from
the Navy dated December 31, .1984 indicating a revised schedule
for compliance by July 30, 1935. Accordingly, the Agency moved
to amend its recommendation to provide for expiration of the
variance on July 30, i985~
63-228
3
federal competitive bidding procedures would prohibit award of
such a contract. The Agency also investigated the feasibility of
ceasing incineration and storing the waste until the new
incinerator is operational. However, the Navy does not possess
the capacity to store the waste on—site. As no other means of
disposal exists, cessation of incinerator operations was not
considered a viable alternative. Moreover, potential health
hazards are created by storing pathological wastes.
Shields Township, where the naval base is located, is an
attainment area for both the primary and secondary state and
national ambient air quality standards for total suspended
particulates (TSP). The TSP monitor closest to the naval base,
approximately three miles northwest, is located in c~aukegan at
the North Shore Fire Statiqn. In 1983, the 24—hour primary
standard for TSP (260 u~/m~)was exceeded once at this monitor
(May 6, 1983
—
490 ug/m~). As no stack tests are required to be
performed on the incinerator, the Agency calculated probable
particulate emissions based on the performance of similar
pathological incinerators. This calculation yielded probable
emissions of 4.78 lbs/hr TSP which is below the allowable limit
of 12.9 lbs/hr TSP under 35 Ill. Adm. Code 212.181 (0.10
grains/SCF). Based on this calculation, the Agency concluded
that any adverse environmental impact would be minimal if the
variance were granted.
The Board finds that to require the Navy to cease
incineration until the new incinerator is operational would
impose an arbitrary and unreasonable hardship. Due to the short—
term nature of this variance, any adverse environmental impact
will be minimal. Moreover, any environmental and aesthetical
harm caused by operating the incinerator is far outweighed by the
potential public health hazard which would result if it were shut
down. Because Section 212.123 was approved as part of the State
Implementation Plan (SIP), grant of this variance will require a
SIP revision. The Agency has concluded that this order,
consistent as it is with their recommendation, should be
approvable as such a revision, Accordingly, variance is granted
from 35 Ill. Mm. Code 212.123 until July 30, 1985, subject to
conditions.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
The Department of the Navy, Navy Public Works Center is
hereby granted a variance from 35 Ill. Adm. Code 212.123 for its
pathological waste incinerator subject to the following
conditions:
1. This variance shall expire no later than July 30,
1985.
83-227
4
2. The Navy shall attain compliance with the opacity
limitation of 35 Ill. Adm. Code 212.123 through
construction of a new pathological incinerator to
be installed by June 7, 1985 and start—up
activities completed by July 30, 1985.
3. Beginning with the first calendar month following
the grant of the variance, the Navy shall submit to
the Agency monthly reports detailing its progress
in achieving final compliance and informing the
Agcn~ o~ any
~
whether incurred or
anticipated, i~ :~eting its compliance schedule.
The Navy shall ~cport the reasons for delay and the
remedial action taken, if any. Copies of these
reports shall be sent to:
Illinois Environmental Protection Agency
Division of Air Pollution Control
2200 Churchill Road
Springfield, Illinois
Illinois Environmental Protection Agency
Division of Air Pollution Control
Region 1/FOS
1701 S. First Avenue
Suite 600
Maywood, Illinois 60153
4. The afterburner of the present pathological waste
incinerator should be pre—heated to 1400 F or
greater and maintained at that temperature during
its operation throughout the period of the
variance.
5. Within 45 days of the date of this Order, the Navy
shall execute a Certificate of Acceptance and
Agreement to be bound to all terms and conditions
of this variance, Said Certification shall be
submitted to the Agency at 2200 Churchill Road,
Springfield, Illinois 62706. The 45—day period
shall be held in abeyance during any period that
this matter is being appealed. The form of said
Certification shall be as follows:
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5
CERTIFICATION
I, (We) ________________________________, hereby
accept and agree to be bound by all terms and conditions
of the Order of the Pollution Control Board in PCB 84—
156, March 22, 1985.
Petitioner
Authorized Agent
Title
Date
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was
adopted on the
~4-
day of
_______________,
1985 by a vote
of
_________
#~
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
63-229