ILLINOIS POLLUTION CONTROL BOARD

August 12,

1976

OLIN CORPORATION,

Petitioner,

v.

)

PCB 76—165

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

DISSENTING OPINION

(by Mr. Dumelle):

This is a difficult case upon which to dissent.

I agree with

the majority of the Board and with the record on the hazards involved

in dismantling these buildings rather than burning them.

Most of the emissions from the buildings are of a de minimus

nature.

However,

the Train v. NRDC decision,

421 U.S.

60

(1975)

prohibits State variances when ambient air quality standards are

in violation.

Air quality in the nearby area would be impacted by the

1Q00 lbs.

of particulate to be emitted in the proposed single day

of burning.

The particulate standard of 75 ug/m~on an annual

average was violated in 1975 at Granite City

in

5 locations with

levels being recorded of 158,

138,

105,

97 and

96 ug/m3.

The

same standard was also violated at Cahokia

(103), Wood River

(81),

East St. Louis

(80), and Alton

(78).

(See 1975 Annual Air Quality

Report issued by the Illinois Environmental Protection Agency,

p.

42).

Were these four buildings to be used for firefighting

instruction, then a permit could be issued by the Illinois Environ-

mental Protection Agency under Rule 504 (a) (1)

of the Air Pollution

Control Regulations and no variance would be needed.

But that

Rule does not cover buildings used in explosives manufacturing

and should not be used as a subterfuge to avoid the variance

issue.

23

—

335

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—2—

What simply must be done is to bring the air of the Metro

East area to clean and healthy levels and then this type of issue

would not squarely face the Board.

I am not comfortable in this

dissent but I feel the U.S. Supreme Court has given all of us no

choice in the matter.

Respectfully submitted,

Qt~#~

1~L

~cob

D.

Dumelle

I, Christan L. Moffett,

Clerk of the Illinois Pollution Control

Board, hereby certify the above Dissenting Opinion was submitted on the

~

day of August,

1976.

Christan L. Moffett.,/~’~rk

Illinois Pollution ~~?rol

Board

23—336