ILLINOIS POLLUTION CONTROL BOARD
    April
    18, 1974
    DONALD McELROY, INC.,
    )
    Petitioner,
    v.
    )
    PCB 74-60
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    Patrick J. Phillips, attorney in behalf of Petitioner.
    Michael Ginsberg, attorney in behalf of Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr. Odell)
    On February 6,
    1974, Donald McElroy,
    Inc. filed a
    petition for variance for sixty
    (60) days from Rules
    202 and
    203 of Chapter
    2, Air Pollution Regulations.
    Petitioner has a
    facility near Odell, Illinois, where X-ray and photographic film
    is burned to reclaim silver.
    The burning is done in steel drums
    with no pollution control equipment.
    Emissions include smoke,
    black soot,
    ash, and other contaminants.
    The Illinois Pollution Control Board
    (hereinafter Board)
    previously granted Petitioner a variance
    (Donald McElroy, Inc.
    v. Environmental Protection Agency, PCB 73-332, November 15,
    1973)
    to November 30, 1973,
    for this same facility.
    This was done to
    permit orderly transfer of salvage operations to a proposed new
    silver recovery incinerator at North Chicago, Illinois,
    (where it
    has only storage) and cessation of open burning and closure of the
    Odell facility.
    Petitioner closed the Odell facility on
    November 25, 1973.
    However, construction of the new incinerator
    near its North Chicago storage facility has been deferred because
    estimated costs increased from $50,000
    to $125,000.
    Also
    Petitioner believed it could handle its film processing require-
    ments at another facility which it owns at Hazelton, Pennsylvania.
    During late November and early December,
    1973, a strike prevented
    film salvage at this facility for three weeks.
    Maximum film storage capacity is 500,000 pounds at North
    Chicago and 300,000 pounds at Hazelton, and storage capacity is
    full at both locations.
    Maximum film processing capacity is
    100,000 pounds per week at Petitioner’s Hazelton facility, and it
    is now operating at full capacity.
    Of this weekly amount of film
    that is burned, approximately equal amounts are from its North
    Chicago storage and from Hazelton.
    12—
    115
    —2—
    A Recommendation was received from the Environmental
    Protection Agency (hereinafter Agency)
    on March
    7,
    1974. Agency
    contact with an agent of the Petitioner revealed that “if the
    variance
    is granted, approximately 250,000 pounds of material
    will be burned at the Odell facility” and that Petitioner
    “has
    no plans
    to construct a new incinerator at North Chicago.”
    “In the Agency’s opinion,
    the Petitioner has purchased more
    X-ray film than it is able to process.
    Petitioner has not stated
    that it is able to store the material in Pennsylvania for await-
    ing processing at this facility.
    “Petitioner alleges that a financial hardship would exist
    if
    it were not allowed to burn the X-ray
    film at the Odell
    facility..
    However, Petitioner does not elaborate on what type
    of hardship would exist
    if
    it were not allowed to burn the X—ray
    film at the Odell plant.
    Petitioner does not substantiate its
    reasons for not completing the incinerator at North Chicago nor
    does Petitioner state if it will be necessary to extend this
    variance beyond the sixty days because of increased demands at
    the Pennsylvania plant.
    “in interviewing citizens as a result of this variance
    request, the Agency received the same complaint that when the
    open burning occurs, an odor exists in the area surrounding the
    Odell plant.
    Citizens surrounding the plant indicated they were
    unhappy to see the burning resume.”
    The Agency recommended that this variance be denied, and
    the Board concurs in this recommendation.
    Petitioner has not
    diligently tried to develop alternate facilities to replace the
    inadequate Odell facility
    -
    the purpose for which the previous
    variance was granted in PCB 73—332.
    A hearing
    is not warranted
    under the Board’s Procedural Rule 405(b) (1) because, even if all
    the facts alleged in the Petition are true,
    the Petitioner
    is not
    entitled to a variance.
    ORDER
    IT
    IS THE
    ORDER
    of the Pollution Control Board that
    Petitioner be and is hereby denied a variance from Rules
    202 and
    203 of Chapter
    2, Air Pollution Regulations,
    to operate
    a film-
    burning facility near Odell, Illinois.
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, certify that the above Order was adopted on this
    ~
    day
    of
    ___________,
    1974, by a vote of
    ~.S
    to
    ~
    Christan L. Moft’e~t,Clerk
    12—
    116

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