ILLINOIS POLLUTION CONTROL BOARD
    December
    13,
    1973
    OLIN CORPORATION,
    a Virginia Corporation,
    Petitioner,
    )
    PCB 73-395
    vs.
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    Mr.
    Patrick
    0.
    Boyle,
    Attorney on behalf of Petitioner.
    Mr.
    Dale
    R.
    Turner,
    Assistant Attorney General and
    Mr.
    Paul Schmierbach,
    Attorney, appeared on behalf
    of
    the Environmental Protection Agency.
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Seaman)
    On September
    17,
    1973,
    Petitioner,
    Olin Corporation,
    filed
    its Petition seeking
    a one—year variance
    from
    Rule 203(e)
    of this Boardts Air Pollution Regulations
    (effective January
    1,
    1974)
    At
    its
    facility in Williamson
    County,
    Illinois,
    Petitioner manufactures,
    inter alia,
    items which require
    propellant
    or pyrotechnic
    technology.
    Petitioner has
    disposed of
    the explosive wastes therefrom by open
    burning pursuant to the terms
    of
    a Variance originally
    granted
    by
    the Illinois Air Pollution Control Board
    (yR 67-60)
    and subsequently extended by
    the Illinois
    Pollution Control Board
    (PCB 72—517,
    PCB 72—357,
    PCB 71—371,
    PCB 71—60)
    Petitioner
    has constructed
    a new and novel pollution
    control device
    for
    the disposal
    of
    its explosive and
    pyrotechnic wastes
    (hereinafter termed
    “experimental
    combustion deviceT)
    .
    This experimental permit granted
    by
    the Agency on March
    3,
    1972
    (OB
    02
    72
    041,
    FIPS #199
    055).
    On February
    9,
    1973,
    Petitioner submitted
    an application
    to operate
    its new device
    (application
    # C—3—02-039,
    I.D.
    #199
    055
    AAR)
    .
    The Agency denied said application
    o’.i
    March 12,
    1973.
    Petitioner,
    by the instant action
    seeks
    variance
    to operate the experimental combustion
    d
    ‘ice
    for
    a term of one year.
    The pollution control equipment
    on the subject device
    consists
    of
    a wet venturi scrubber
    and
    cyclone,
    costing
    a totalof
    $14,000.
    The Agency calculates that the
    described pollution control equipment has
    a particulate
    removal efficiency
    of 99.7.
    10 —353

    —2—
    Petitioner estimates
    that
    the maximum amount
    of explosive scrap to be disposed of
    in any one week
    during 1974 will be
    as follows:
    Maximum Amount
    category
    per Week
    Arnmonium Nitrate Propellant
    300
    lbs.
    Double Base Propellant
    40
    lbs.
    Single Base Propellant
    20
    lbs.
    Pyrotechnic Flare Mix
    10,000
    lbs.
    (high Magnesium
    content)
    Fuel Oil
    Sufficient
    to immerse
    pyrotechnic mix as
    required
    for safety
    reasons
    RDX
    100
    lbs.
    Contaminated Packaging
    and Transfer
    100
    lbs.
    Materials
    The Agency calculates
    emissions from the device
    to be
    1.24 pounds per hour particulates
    and 1.61 pounds
    per
    hour carbon monoxide.
    The subject device
    is
    situated in
    a remote area
    on
    a strip mine spoil
    land owned by Petitioner.
    Particulate
    concentrations
    in Petitioner’s
    site area are
    64 micrograms
    per cubic meter
    (maximum 24—hour average)
    and
    32 micrograms
    per cubic meter
    (annual geometric mean)
    .
    Both
    of these
    concentrations
    are well below primary
    ~nd secondary
    national air quality standards.
    The l9~5oarticuiate
    primary air quality standard is 75 ~ig/m~ annual geometric
    mean and
    260 pg/m3
    for
    a 24-hour average.
    Petitioner
    states that
    it knows
    of no safe means
    to
    dispose
    of
    the explosive ~caste here
    involved other than
    by open burning
    or operation
    of
    the subject experimental
    device.
    The Agency concludes
    (Recommendation,
    p.3)
    that considerably more pollution would
    be emitted
    should
    Petitioner continue
    to open burn than
    if Petitioner
    employed
    its experimental combustion device.
    10
    354

    —3—
    Petitioner
    has
    no compliance program since it
    alleges that the subject device represents
    an advance
    in
    the state
    of the art which
    is not presently
    recognized in
    the Illinois Emission Standards
    and
    Limitations
    for stationary
    sources.
    Petitioner’s
    views have been presented
    to
    the Standards Section
    of the Division of Air Pollution Control at meetings
    held in Springfield,
    Illinois, on April
    26,
    1973
    and
    September
    6,
    1973.
    Further,
    Petitioner
    intends to
    petition this Board for regulations covering
    the
    subject device.
    The cost of constructing
    the subject device was
    approximately $90,000 and
    it
    is estimated that the
    cost of
    operation, vis—~—vis the cost of open
    burning, would entail
    a ten-fold increase
    in labor
    alone
    (R.22).
    The Agency recommends
    that this variance
    be granted and emphasizes
    that Petitioner has had
    a
    good record of compliance with previous Board Orders.
    We
    are disposed
    to grant the variance requested,
    subject
    to conditions.
    Petitioner’s
    device
    appears
    to have advanced
    the state
    of
    the art and we will allow
    it
    an opportunity
    to prove
    its effectiveness.
    In any
    event,
    both the Agency •and Petitioner currently agree
    that utilization
    of
    the
    subject device will greatly
    diminish
    the amount of air pollution being presently
    experienced
    from open burning of explosive wastes.
    This Opinion constitutes the findings of fact
    and conclusions
    of law of
    the
    Board.
    ORDER
    IT
    IS THE ORDER of the Pollution Control Board that
    Petitioner,
    Olin Corporation,
    be granted
    a Variance
    from Rule
    203(e)
    of the Air Pollution Regulations
    to
    operate the subject experimental combustion
    device
    for
    the disposal of
    its pyrotechnic wastes
    for
    a period
    of one
    year
    from the date of this
    Order,
    subject to the following
    conditions:
    1.
    That
    the firing rate
    into Petitioner’s
    experimental combustion device
    shall
    not
    exceed
    500 pounds per IDur of pyrotechnic
    wastes.
    2.
    That Petitioner
    shall obtain
    from
    the Agency
    an Operating Permit for
    the experimental
    combustion device.
    10
    355

    —4—
    3.
    That Petitioner shall not open burn any
    pyrotechnic wastes.
    In the event of
    a
    breakdown
    of the experimental combustion
    device, Petitioner shall
    store all
    pyrotechnic wastes until repairs are
    completed; however,
    if
    the
    time period
    necessary
    for repairs creates unreasonable
    safety hazards,
    then Petitioner may open
    burn such stored wastes
    after actual notice
    and approval by the Agency
    for each instance
    of open burning.
    IT IS SO ORDERED.
    I,
    Christan
    L.
    Moffett,
    Clerk
    of the Illinois
    Pollution Control Board,
    certify that the above
    Opnion
    and Order was adopted this
    ,3’~’1
    day of
    1973 by
    a vote of
    _____
    to
    ~
    10—356

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