ILLINOIS POLLUTION CONTROL BOARD

April

26,

1979

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v,

)

PCB 78—183

HULCHER EMERGENCY SERVICE,

INC.,

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

The Environmental Protection Agency filed a Complaint

against Hulcher Emergency Service,

Inc.

(Hulcher)

on July

13,

1978,

The Complaint alleged that Hulcher had violated

Sections

9(a)

and 9(c)

of the Environmental Protection Act

(Act) and Rule 502 of the Board’s Air Pollution Regulations

(Chapter

2 of the Board’s Rules and Regulations).

A hearing

was held in this matter on January 22,

1979,

in Edwardsville,

Illinois,

No members of the public attended.

At the hear-

ing,

the parties presented a Stipulation and Proposal for

Settlement (Stipulation).

Hulcher is engaged

in the business of providing emer-

gency services to railroads and industry.

The major portion

of the company’s business is train derailment service,

consisting of the clearing of railroad rights-of—way after

derailments,

wrecks or other mishaps.

Huicher also offers

ancillary services,

including

a

salvage and cut—up service,

which constitutes

less than 1-1/2

of Hulcher’s total business.

On March

3,

1978,

twenty—three cars of an Illinois

Terminal Railroad train derailed near the city of Collins—

yule

in Madison County,

Illinois.

Hulcher contracted with

the Illinois Terminal Railroad for the removal

of five

of

these cars which were damaged beyond repair.

Boxcars

of the

type involved here contain approximately 2,000 pounds

of

wooden lining inside the steel

shell.

In salvage operations

of this type,

the steel

shell of the wrecked boxcar is nor-

mally cut with acetylene torches

so that the wreckage can be

hauled away.

The Stipulation indicates that cutting the

shell with torches almost always results

in the wood

lining

catching fire and burning,

at which point the crew moves on

to the next car until the wood in the previous car stops

33—391

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burning.

The Stipulation indicates that the only alterna-

tive to this procedure

is

to remove the wood linings by hand

prior to cutting the steel

shell.

On March 13,

1978,

the wood

lining of each

of the five

derailed cars involved here was set on fire by an acetylene

torch, apparently by the foreman of the crew assigned to

this

salvage operation.

The burning

of the five cars ceased

by approximately 11:00 a.m.

on March 14,

1978.

The foreman

notified the Collinsville Fire Department of the likelihood

of a fire occurring on the wrecked cars.

The foreman indica-

ted to Agency personnel that the fires were started by the

use of an acetylene torch prior to the beginning of the

cut—up operations on the morning of March

14,

1978.

The burning of the lining of these cars resulted in the

emission of

large quantities of smoke containing high levels

of particulate matter,

carbon monoxide, hydrocarbons and

nitrogen oxides.

Some complaints were received at the local

Agency office concerning the smoke.

The parties stipulate and the Board finds that Hulcher

caused or allowed the violations alleged

in the Complaint.

In response to a Notice of Violation sent to Hulcher by the

Agency on April

10, 1978 concerning the fire, Hulcher on

April

12, 1978 directed its crews

to strip out by hand any

wood linings before torch cutting begins.

Hulcher agrees to

adhere to that procedure

in the future,

Hulcher furthermore

agrees

to pay a penalty of $1,000 for the violations

found

herein.

Having considered the factors outlined in Section

33(c)

of the Act,

the Board finds that a $1,000 penalty is

reasonable and that the Proposal for Settlement will ade-

quately protect the public from further violations.

This Opinion constitutes the findings of fact and con-

clusions of law of the Board in this matter.

ORDER

It

is the Order of the Pollution Control Board

that:

1.

Hulcher Emergency Services,

Inc., violated Sections

9(a)

and 9(c)

of the Act and Rule 502 of the Air

Pollution Regulations;

2.

In all future salvage and cut—up operations invol-

ving torch—cutting of wood—lined boxcars, Hulcher

shall strip the wood out before any cutting with

a

torch begins;

3.

Hulcher shall pay a penalty of $1,000 for the

violations

found herein,

penalty payment by check

33—392

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—3—

or money order to be made within

35 days of the

date of this Order

to:

Fiscal Services Division,

Illinois Environmental Protection Agency,

2200

Churchill Road,

Springfield,

Illinois

62706.

I,

Christan L. Moffett,

Clerk of the Illinois Pollution

Control Board,

hereby certify the above Opinion and Order

were adopt~edon the

~(p”~

day of

,

1979 by a

vote of

‘/-~

Illinois Pollut

Board

33—39 3