ILLINOIS

POLLUTION

CONTROL BOARD

September 20,

1984

OLIN CORPORATION,

)

Petitioner,

)

PCB 84—69

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD

(by J. Theodore Meyerh

On June

4,

1984,

Olin Corporation

(Olin)

a foreign

corpora-

tion authorized to do business in Illinois,

filed a Petition for

Variance from 35

Ill, Adm, Code 237.102

(formerly Rule 502 of

Chapter

2:

Air Pollution, Part V:

Open Burning) which prohibits

open burning.

Hearing was waived by Petitioner

(Pet,

at

9),

and

because the rule for which variance is requested is not a part of

the Illinois State Implementation Plan, hearing

is not federally

mandatory

(Bd. Order of August

2,

1984).

No hearing was held,

and no public comments were received by the Board in this matter.

The Illinois Environmental Protection Agency

(Agency) filed its

Recommendation on July 12,

1984, which recommends grant of vari~

ance

(Rec, at 8),

Previously, Petitioner has received variances from the Board

which allowed it to openly burn explosive wastes and allowed

operation of explosive waste incinerators at this facility

(PCB

71—60

(1971); PCB 71—371

(1972); PCB

71—517

(1973);

PCB 79—234

(1980); PCB 81—117

(1982); PCB 83—102

(1983).

The last variance

petition granted on August

30,

1983

(PCB 83—102) with an

August

31,

1984 expiration date,

allowed

activity

similar to that involved

in this Petition.

According

to the quarterly reports

submitted

thereunder and the Agency~sRecommendation, Petitioner complied

with the terms of that variance.

Impact on the region~s

air

quality during the term of

that variance was not significant.

Also of interest, the nearest resident,

interviewed in June of

1984,

stated

that

she had not

experienced

ariy

problems from

the

open burning permitted under that variance

(Rec.

pg.

4),

The

principle difference between that variance and this Petition is

that Olin

is now requesting

to burn kerosene as well as

distillate

oil.

This should not significantly alter the impacts from those

experienced during the last variance.

Petitioner operates an industrial facility leased from the

U.S. government in a former

U.S.

Army ordnance plant near the

60409

---

—2—

City of Marion, Williamson County,

Illinois, where

it

manufac-

tures ammunition and various

oropellant and pyrotechnic

devices

for the U.S.

Department of

Defense.

The plant has estimated

sales of $35,000,000 for

1984,

and employs 275 people.

Along

with the manufacturing facility,

Olin operates a test

:!iring

range

located nearby on

approximately 290 acres of strip

mine

spoil

lands.

Olin requests a

variance to allow open burning

at

this site for one year beginning

September

1,

1984,

in order

to

conduct tests required by the

Defense Department to

demonstrate

the ability of the ammunition to

ignite fuel in enemy

military

vehicles.

The tests involve firing

small and medium

caliber

bullets

into one—gallon

fuel containers containing fuel

oil or

kerosene

containing

0.25

percent maximum

sulfur per shot.

The amount

of

fuel involved is based on

the testing done under a prior

variance.

At the most, ten shots

(shots)

will be conducted per

day, and the

time

of actual open burning

is anticipated

to be five

minutes per

test

(shot),

No more than

250 gallons of fuel

oil

will be burned

over the term of the variance

(Pet,

at pp.

1—3).

As a result of

the test firing and subsequent

incidents of open burning

of the

fuel,

small amounts

of

sulfur

dioxide, nitrogen oxides,

carbon

monoxide, and total

suspended

particulates, will be

emitted.

Based

on ~

calculations, which were

verified by the

Agency,

these emission amounts should not significantly

impact

the

area~sair

quality,

which is considered to be attainment

for

all four

criteria

pollutants

(Pet.

at pp.

3-8; Rec. at

pp.

5-6).

The nearest

air

monitoring

station for sulfur dioxide

is

in

Marion,

Illinois, approximately five

miles away, and the

nearest

for total suspended particulates

is in Carbondale,

Illinois.

approximately 15 miles away.

During the period

of

the last

variance,

no violations were recorded at either station

(Rec,

at

p.

5).

In the past, Olin has actively pursued

methods

to eliminate

open burning in treating

explosive wastes,

spending

$180,000 for

air pollution control devices

(i.e.,

its incinerator)

since

1974.

However,

Petitioner

alleges that

it

is not economically

feasible

to develop a facility for its

test firings which would

allow

it

to simulate

actual

field

parameters.

Petitioner has

developed

measures

to minimize

effects

on human, plant and animal

life

during

the periods

of open

burning

(Pet.

Ex. C and D).

With its

Recommendation,

the

Agency agreed that no other feasible

method

is

available to

conduct these

ammunition tests

(Rec,

at 7).

Furthermore, Petitioner avers

and the Agency agrees that no

compliance plan is required

because when the test firing

is

stopped, compliance with the

Board regulations

is achieved

(Rec.

at

8).

The Board finds that

given the insignificant emission

amounts

per test and the economic and technical

difficulties

in developing

an alternative testing procedure

60-110

---

—3—

variance can again be granted to Petitioner for one year.

To

insure protection of the surrounding environment and residents,

the variance shall be conditioned, along with other items, to

require cessation

of

the test firings upon notification or receipt

of complaints from nearby citizens until meteorological conditions

are such that

the

open burning will not constitute violation of

Section

9(a)

of the Act.

This opinion constitutes the Board’s findings of fact and

conclusions of

ORDER

Olin Corporation is granted variance from 35 Ill. Adm. Code

237.102

(formerly Rule 502 of Chapter 2)

exceed one year from the date of this order,

subject to the

following conditions:

1.

The Olin Corporation shall conduct the open burning

activities only in accordance with its Standard Operating

Procedures.

2.

Should Olin receive private complaints concerning its

open burning practices, or should the Agency contact Olin

concerning complaints it has received regarding the open

burning which is the subject of this variance, Olin shall

immediately discontinue testing until meteorological condi-

tions are such that the open burning will not constitute a

possible violation of Section 9(a) of the Act.

3.

Olin shall keep available

all records of the testing

which will enable it to develop an ammunition testing proce-

dure which does not constitute open burning as defined in

the Act.

4.

Petitioner shall submit quarterly reports of the test-

ing to the Agency, the first such report due thirty

(30)

days from the date of the Board Order entered in this matter.

Such reports shall be sent to:

Illinois Environmental Protection Agency

Division of Air Pollution Control

Collinsville, Illinois 62234

5.

Within forty—five

(45) days after the date of the Board

Mr. Joseph R.

Podlewski,

Jr.

Illinois Environmental Protection Agency

Springfield, Illinois

62706

60-

ii

---

a certification of acceptance of

this

Variance by which

it

agrees to be bound by its terms and conditions.

This forty-fîve

(45) day period shall be held

in abey—

a~ce. for any

period

during

which

this matter is

appealed.

~

form

o~:he c

t~.f~c’aLton

stialJ be as

follows

CERTIFICATION

I~

(We),

,

having

read the Order of the Illinois

Pollution Control Board in

PCB

84~f

5,

dated

_________________,

understand and accept

the

said Order, realizing that such acceptance renders all terms and

conditions thereto binding and enforceable.

Petitioner

By:

Authorized Agent

Title

Date

iT IS SO ORDERED

I,

Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that

the

ahov’~Opinion

and Order was adopted

on the

________________

day of

~

,

1984 by a

vote

(I

of

‘90_I

Dor

II

Pol

Control

Board

60-112