ILLINOIS POLLUTION
CONTROL BOARD
February 17,
1982
OLIN CORPORATION,
)
a Virginia Corporation,
Petitioner,
v.
)
PCB 81—117
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
LYNN N.
HAAS, ATTORNEY
AT
LAW, APPEARED ON BEHALF OF THE PETITIONER.
HEIDI
E.
HANSON,
ATTORNEY AT LAW, APPEARED ON BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by
I.
Goodman):
This matter comes before the Board upon a Variance Petition
filed on July 16,
1981 by Olin Corporation
(Olin) which requested
a Variance from Rule 502 of Chapter
2:
Air Pollution Control
Regulations
(Chapter 2) to allow the open burning of explosive
contaminated buildings, decontamination of explosive contaminated
equipment, and burning of propellant and pyrotechnic materials.
On August
7,
1981, the Illinois Environmental Protection Agency
(Agency) filed an Objection and Request for Hearing.
On August
10,
1981, Olin filed an Amended Petition for Variance.
On Sep-
tember 22,
1981, the Agency filed a Motion for Leave to File
Recommendation Instanter and its Recommendation.
The Agency’s
motion
is hereby granted.
The Agency recommended that the
Variance be granted,
subject to various conditions.
On December 15,
1981,
a hearing was held* at which the par-
ties submitted a stipulation of facts setting forth some of the
proposed terms and operating conditions under which Olin proposed,
subject to Board approval,
to conduct the open burning.
The Board
hereby strikes paragraphs
5,
6 and
7 of the proposed stipulation
as not appropriate in a variance proceeding.
Insofar as the sti-
pulation is one of facts and a proposed compliance plan,
it is
acceptable although the facts are the same or contained in the
rest of the record.
In a variance proceeding, however,
findings
concerning the issues of hardship and environmental harm are the
prerogative of the ultimate trier of facts and are not an appro-
priate subject for stipulation between the parties.
*Because this variance,
if granted,
may constitute a revision to
Illinois’
State
Implementation Plan
(SIP),
the State must, there-
fore,
prior to submitting it to
the
USEPA Administrator as
a SIP
revision, conduct a public hearing in accordance with 40 CFR 51.4.
45—415
Olin manufactures propellant and pyrotechnic devices for the
U.S. Department of Defense
in
a plant near the City of Marion,
Williamson County, Illinois.
This facility employs about 500
people and generates approximately $50 million in annual revenues.
(Pet.
1).
The area surrounding Olin~smanufacturing plant is a
U.S. Government Wildlife Preserve known as the Crab Orchard National
Wildlife Refuge.
(Pet,,
Ex.
A).
Although Olin presently has a
special
incinerator and retort for the safe destruction of almost
all of the explosive waste generated at its Marion facilities,
a variance is requested to allow the open burning of unusual
explosive waste, generated and accumulated over many years of
manufacturing operations, which ceenot practically or safely be
incinerated by means of existing equipment and cannot reasonably
be disassembled because of the hazards to employees associated
with the presence of highly explosive materials.
This situation
has previously come before the Board in Olin c229~ationv. E.P.A.,
PCB 76—165,
August 12, 1976,
23 PCB 331
(1976).
Olin wishes to burn two buildings, obsolete production equip-
ment,
and 10,050 lbs.
of solid propellant and pyrotechnic materials.
Total estimated emissions are 482 lbs. of particulate matter and
4,158
lbs. of carbon monoxide.
(Pet,
8),
At the hearing, the
manager of the wildlife refuge testified that the U.S. Fish
&
Wildlife Service had no objections to the proposed open burning.
(R.
7—8).
Similarly,
the Agency has concluded that there will
be no hazardous emissions problem from the burning and anticipates
no violations of the Federal Clean Air Act or ambient air quality
standards.
(Rec.
3).
Williamson County is currently classified
as an attainment area for CO and, while the county is deemed a
nonattainment area for TSP, there have been no monitored TSP
primary standard violations for the last three years.
(Rec.
3).
To avoid visibility problems at the nearby Bi-County Airport,
the Agency has recommended that Olin take wind direction carefully
into account when conducting its open burning.
Olin has thoroughly evaluated alternative compliance methods
such as desensitization through chemical treatment, landfilling,
and incinerator burning, but has determined that open burning and
flashing
in open fires, the customary method for treatment of
explosive wastes,
is appropriate in this instance.
(Pet.
13—14).
Olin will take all necessary measures and safety precautions during
the proposed open burning of explosive wastes to protect all human,
animal,
and plant life in the immediate vicinity in that:
(1) the
burns will occur on three separate days;
(2) burning will only be
conducted during daylight hours on clear days when wind velocity
is
low, and
(3)
adequate firebreaks,
fire equipment and experienced
personnel will be provided.
(Pet.
14;
Arn.Pet.
1).
The Agency has recommended that the Board grant the requested
variance, subject to specified conditions,
The Board finds that
denial of the variance would impose an arbitrary or unreasonable
hardship upon the Petitioner,
and agrees with the Agency’s
conclusion that the hardship of dismantling potentially explosive
45—416
buildings
and equipment outweighs the minimal carbon
monoxide and
particulate increases due
to the three burns.
Accordingly, the
Board will grant the requested variance,
subject to conditions
which are delineated in the Board~sOrder.
This
Opinion constitutes
the Board’s findings of fact and
conclusions
of law in this matter.
ORDER
The Petitioner,
the Olin Corporation,
is hereby
granted a
variance from Rule 502 of Chapter
2:
Air Pollution Control
Regulations
to allow the open burning of two buildings,
obsolete
production equipment,
and solid propellant and pyrotechnic
materials within
90 days of the date of
this Order,
subject to
the following
conditions:
1.
Olin Corporation shall conduct the burns in accordance
with its standard operating procedure (specified in
Exhibit A of the Amended Petition for Variance) and
with the other representations made as to wind
direction,
safety, and pollution control measures
listed in its petitions.
2.
Olin Corporation shall take all necessary measures
and safety precautions during the open burning of
explosive wastes to protect all human,
animal and
plant life in the vicinity from any harm.
3.
Olin Corporation shall burn only while there is a
wind direction which will minimize impacts on the
Bi—County Airport, nearby residences,
and heavily
travelled roads.
4.
The Bi-County Airport shall be notified by the
Petitioner before each burn.
5.
Burning shall be conducted only during weekdays
and the Petitioner shall notify the Agency’s Mt.
Vernon,
Illinois office before each burn begins.
6.
Olin Corporation shall not begin burning until the
Agency’s Land Pollution Control Division has ap-
proved a landfill to accept the burn out debris.
7.
Within forty-five days of the date of this Order,
Petitioner
shall execute and forward to the
Illinois
Environmental Protection Agency, Enforcement Programs,
2200
Churchill Road, Springfield,
Illinois 62706,
a Certificate of Acceptance and Agreement
to
be
bound to all terms and conditions of this
variance.
This forty-five day period shall be held in
abeyance
for any period this matter
is being appealed.
The
form of the certificate shall be as follows:
45~417
—4—
CERTIFICATION
I, (We),__________
________
_________,
having read
the Order of the
Illinois Pollution Control
Board in PCB 81—117,
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, Christan
L.
Moffett, Clerk of the
Illinois Pollution
Control Board, hereby
certify that
the above Opinion and Order
were adopted on the
/?~“
day of~4-t~
_______,
1982
by a vote of________________
a
Illinois Pollution
Board
45—4 18