ILLINOIS POLLUTION CONTROL
BOARD
December
4,
1980
IN THE MATTER OF:
LEAF BURNING
)
PROPOSED AMENDMENT TO
CHAPTER
2:
)
R73-5
AIR POLLUTION,
PART
V:
Open
Burning,
of The Illinois Pollution
)
Control Board Rules and Regulations)
Final Order of Dismissal:
OPINION AND ORDER OF THE BOARD
(by J~D,Durnelle):
Under the Board~s
initial Air Pollution Regulations adopted
April
13,
1972,
in R71—23, the open burning of
leaves was
proscribed within any municipality plus a zone extending one mile
beyond the boundaries
of any such municipality having a
population of 1,000 or more.
On November 28,
1972, the Board
relaxed this ban against
leaf burning
in rural areas and
smaller communities which are not within a major metropolitan
area (R72—11,
6 PCB
357).
The prohibition remained in effect
in
municipalities over 2500 in population and in their adjoining
municipalities,
and within unincorporated
areas which are within
1000 feet of a municipality where
leaf
burning was banned.
The
open burning of
landscape
waste remained
prohibited
in all
municipalities located in the Chicago and East St. Louis
metropolitan areas,
regardless of
size.
On March
30,
1973,
the Board published a proposed amendment
which would have based the leaf
burning ban on actual air quality
rather than on the size of the municipality.
Two hearings were
held on this proposal on April
27 and 30,
1973,
in Springfield
and Rock Island,
respectively.
Hearings were then held in
abeyance pending legislative action.
On August 13,
1973,
legislation amending
Section 10(g)
of
the Environmental Protection Act was
signed
into law
(Public 7~ct
78—243).
In a written opinion
dated October 16,
1973,
the
Illinois Attorney General concluded that it was the intention of
the General Assembly to allow the burning of leaves.
The Board
was left the power to
regulate that burning
where sound
scientific evidence showed
“that such burning will produce in the
atmosphere
of that
geographical area contaminants
in sufficient
quantity and of such characteristics and duration as to be
injurious to human, plant or animal life or health”
(Public
Act
78—243).
40—8 1
On September 6,
1973,
the Agency filed a new proposal to
control
leaf burning
in those parts of the
state which do not
meet the Primary Air Quality
Standards,
This proposal was
published
in Board
Newsletter #72 (September
6,
1973).
Public hearings were
held on that
proposal on November 16,
19, and 27,
1973,
in Peoria,
Chicago, and
Urbana,
respectively.
The evidence adduced at
these hearings
(as well as the previous
two hearings) was
addressed in the Opinion
of the Board on
September 19,
1974
(R73—5,13 PCB 645).
At that time the Board
found that the record did
not support the
adoption of the
proposal.
However,
the
Board
retained
jurisdiction pending
a scientific study from
the Institute for
Environmental Quality.
The Economic Impact Study
was
submitted on January 13,
1977,
and hearings were
held to consider it
on April
6,7, and
19,
1977,
in Chicago,
Champaign, and Peoria,
respectively.
On December 13,
1979,
the Agency withdrew
its proposal,
and no new proponent
has come forward.
This lengthy
history has resulted in an
out—dated record.
The most recent hearings
are approaching four
years old.
Most of the hearings
are over seven years old.
The
Board
finds that if it
were to consider adoption of a
leaf burning
proposal
in the
near future, new hearings would
have to he
held.
However, the
present time would
he inopportune
in that
a Federal respirable
particle standard is
expected to be set
sometime around May
of
1981.
Such a standard
may well change
the nature of these
proceedings.
Therefore,
the Board finds that the
present proposal
should he dismissed.
If, after the Federal
respirable
particle standard is
set,
a
new proposal
is
forthcoming, the
Board will consider
it as a new proceeding.
That does not
mean, however, that elements from
the record
in this present
proceeding which have
continuing validity
cannot he brought
into
the
later record,
0
RD
ER
It
is the Order of the Illinois Pollution
Control Board
that Petition R73—5
is hereby dismissed.
IT
IS SO ORDERED.
40—82
—3—
I,
Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that
t e
above Opinion and Order
was adop~edon the
~
day of
~
1980 by a
vote of
-.5-0
Christan
L. Moffe~~lerk
Illinois Pollution cbntrol Board
,_r\
0)