ILLINOIS POLLUTION CONTROL BOARD
February 1, 1979
BUREAU OF ALCOHOL, TOBACCO, AND
FIREARMS, UNITED STATES TREASURY
DEPARTMENT,
Petitioner,
v.
)
PCE 78—257
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION
AND
ORDER OF THE BOARD (by Dr. Satchell):
This matter comes before the Board upon a petition for variance
filed on September 21, 1978. An amended petition was filed on
October 6, 1978. The recommendation of the Environmental Protection
Agency (Agency) was filed on December 1, 1978. On December 13, 1978
Petitioner waived its riqht to a hearing. Petitioner is requesting
a five year variance from Rule 505 of Chapter 2: Air Pollution
Control Rules (Chapter 2) in order to destroy existinq stores of
explosive material and such explosive material as may come into
~etitioner’s possession within the duration of the requested
variance.
Petitioner, the Bureau of Alcohol, Tobacco and Firearms, is an
Agency of the U. S. Government and has been delegated the responsi-
bility to enforce the provisions of the Explosives Control Act of
1970, 18 U.S.C. Ch. 40 (1970). As part of its duties, Petitioner
seizes explosive materials and destroys them pursuant to court
orders.
Petitioner’s variance request is to be allowed to destroy
approximately 4000 pounds of Class B fireworks consisting in part
of black powder and flash powder in combinations normally used in
display type fireworks; Class C common fireworks consisting in
part of various types of pyrotechnic flash type powder mixtures,
and approximately 600 pounds of nitroglycerin based dynamite.
Petitioner states that because of age, deterioration and highly
unstable conditions these materials should be immediately destroyed
so as to protect the public interest and safety.
Petitioner’s variance request is to destroy existing stores
of explosive material and to destroy similar explosive materials
seized in the future. These materials would he destroyed on a
bi-monthly basis or four to six times per year as needed for five
years.
32—487
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The alternate method of destruction involves the physical
relocation of the explosive materials to Fort McCoy, Wisconsin,
a distance of some 400 miles, which would necessitate use of
Illinois and Wisconsin highways to transport highly unstable
explosive materials and partially crystallized nitroglycerin
dynamite in properly marked trucks at not only a high monetary
cost, but at great risk to public safety. This alternative
constitutes much more of a hazard than the proposed variance
procedure.
The fireworks and nitroglycerin would be burned in a “popper”
a device constructed of railroad tracks through which forced
feeding is accomplished on a heavily constructed steel track.
Diesel fuel and forced air are usedas catalytic burning aids.
Large stacks containing fly ash screens prohibit the dissemination
of coarse particulate matter from the burning site. The material
burns at extremely high temperatures resulting in complete com-
bustion and burning of all but the metal parts used in the con-
struction of fireworks. Some smoke containing particulates,
carbon dioxide, water and carbon monoxide would be emitted.
Both Petitioner and the Agency agree that if this manner of
destruction is permitted it is anticipated that there will be no
noise pollution. Further, it is alleged that based on past exper-
ience and through observations of destruction of explosives
materials by burning, and subsequent inspections of the burning
sites, there should he minimal, if any, impact on human, plant or
animal life in the rural area where destruction is contemplated.
Petitioner does not have any facilities for destruction of
explosives materials, and has in the past relied primarily on
local Army installations to assist in this endeavor. Destruction
at the Joliet Army Arsenal, which is located approximately eight
miles from the nearest inhabited residence, in the proposed
manner would minimize the impact of the discharge of contaminants
on human, plant and animal life in the vicinity. The relatively
short burning time and nature of explosives materials to be
destroyed further substantiates this minimal impact.
The burning would be conducted in the center of the Joliet
Army Ammunition Plant property which lies to the east of Route 53
in Florence Township, Will County. The burning will be accomplished
in two or three hours on a weekday afternoon. The area is an
isolated rural area with the nearest air sampling station at
Wilmington, Illinois. The 1977 particulate air quality data
measured at Wilmington revealed a geometric mean of 54 micrograms
per cubic meter which is within the primary and secondary limits
for particulate matter.
32—488
—3*
Although the Agency recommends the variance be granted, it
points out that Section 35 of the Environmental Protection Act,
(Act) and the Clean Air Act prevent the Board from granting
variance from the state implementation plan beyond July 1, 1979.
The Agency recommends Petitioner consider proposing a regulation
change or participation in currently proposed R78-9, a regulatory
proposal concerning the destruction of explosive wastes.
The Board finds that Petitioner is currently unable to comply
with the regulations, that the environmental impact of the variance
will be minimal, and that denial of the variance would be arbitrary
and unreasonable. The Board will grant Petitioner a variance until
July 1, 1979 subject to the Agency’s requested conditions. In
order to meet the requirements of Section 113(d) of the Clean Air
Act, the Board notes that notice and an opportunity for public
hearing have been provided. No other schedule of compliance is
necessary to comply with Rule 505; however, Petitioner shall be
required to investigate other modes of destroying explosive wastes.
The Agency’s requested conditions should meet the remainder of the
Section 113(d) requirements.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
It is the Order of the Pollution Control Board that the
Bureau of Alcohol, Tobacco and Firearms is granted a variance
from Rule 505 of Chapter 2: Air Pollution Regulations until
July 1, 1979 subject to the following conditions:
1. Petitioner shall destroy the explosive wastes in the
“popper” at the Joliet ?\rmy Ammunition plant only
when the meteorological conditions are favorable for
prompt dispersion. The burning shall take place in the
afternoon and be completed at least one hour prior to
sundown.
2. Petitioner shall notify the Agency seven (7) days prior
to burning and allow the Agency to have an observer
present. Notification should be sent to:
Field Operations Section
Division of Air Pollution Control
Environmental Protection Agency
1701 South First Avenue, Suite 1205
Maywood, Illinois 60153
3 2—489
*4—
3. Petitioner shall investigate alternative methods
of disposal, such as incineration, and submit a
compliance program to the Agency by July 1, 1979.
This can include pursuing a rule change to amend
the state implementation plan.
4. Petitioner shall, within forty—five (45) days of
the date of the Order, execute and send to Kathryn
S. Neshurg, Technical Advisor, Illinois Environmental
Protection Agency, 1701 South First Avenue, Maywood,
Illinois 60153, a certification of acceptance by
which it agrees to be bound by its terms and conditions.
This forty-five (45) day period shall be held in abey-
ance for any period in which this matter is appealed.
The form of said certification shall be as follows:
CERT IF I CATION
I (We), ____________________________________, having
read and fully understanding the Order of the Illinois
Pollution Control Board in PCB 78—257 hereby accept
said Order and agree to be hound by all terms and
conditions thereof.
SIGNED __________________________
TITLE __________________________
DATE ____________________________
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, he~e~ycertify the above Opinion and Order were
adopted on the
~ —
day of
,
1979 by a vote of ~/-O
Christan L. Moffet
erk
Illinois Pollution trol Board
32—4 90