ILLINOIS POLLUTION CONTROL BOARD

October 18, 1973

BOARD OF REGENTS, a body corporate and

politic of the State of Illinois,

Petitioner,

v.

)

PCB 73—301

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD (by Mr. Henss)

Pursuant to the Regency Universities Act, the Board o~

Regents is charged with the management, operation, control

and maintenance of Northern Illinois University (NIU). Among

Petitioner’s various duties is the responsibility for disposal

of solid waste generated at NIU. Currently 22 single chamber

incinerators are used to dispose of solid waste materials from

the Health Center, Administration Building, Laboratory School

Building, kitchens and from living areas serving over 7500

students. An operating permit was granted by the Environmental

Protection Agency for one •of the incinerators, but •the Agency

denied permits for all other incinerators on May 25, 1973. The

Board of Regents requests variance from the Environmental Pro-

tection Act and/or the Air Pollution Control Regulations to allow

continued operations until a new central incinerator can be

placed into operation. We shall consider the Petition to be a

request for variance from Rule 3-3.232 of the Rules and Regulations

Governing the Control of Air Pollution until December 31, 1973 and

from Rule 203(e) of the Air Pollution Control Regulations there-

after.

As early as 1969, Petitioner began preparation of a budgetary

request for installation of a “pollution free” central incinerator

at NIU. In fiscal year 1972 the Board of Regents received an

appropriation of $112,599 from the Illinois General Assembly for

the design and installation of the new central incinerator.

Following the release by the Governor’s office of planning funds in

the amount of $7200, plans and specifications for the incinerator

were prepared in the Spring of 1972. In July 1972 the Capital

Development Board was created with the power to provide for the

construction of Capital facilities for the State of Illinois. The

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unreleased funds were appropriated to the new Capital Development

Board and were subsequently released by the Governor in November

1972.

Construction bids totaled $259,500, approximately $147,000

in excess of funds appropriated for the project. This unexpected

turn of events forced Petitioner to seek General Assembly consent

for the transfer of $147,000 from another Capital Development

Board project (Library Building at NIU) to cover the additional

monetary requirements. The transfer of funds was approved and

the general contractor was then notified to proceed according to

the following schedule:

Notice to proceed

July 3, 1973

Fabrication and Delivery

Nov. 1, 1973 to Jan. 1, 1974

Installation

Dec. 1, 1973 to Feb. 1, 1974

Testing

Jan. 15, 1974 to March 15, 1974

Unanticipated delays

May 15, 1974 to July 15, 1974

Each day Petitioner burns approximately 13,300 lbs. of Type 0

waste (a mixture of highly combustible waste such as paper, card-

board, cartons, wood boxes, etc., typically containing 10 moisture

and having a heating value of about 8500 Btu/lb.) and Type 1 waste

(a mixture of combustible waste such as paper, cartons, rags, wood

scraps, sawdust, floor sweepings, etc., typically containing 25

moisture and having a heating value of about 6500 Btu/lb.) Agency

calculations based on standard emission factors indicate that the

incinerators emit the following quantities of contaminants:

Refuse Burned Total Daily Emissions

Pollutant

tons/day

(lb/day)

Particulates

6.65

99.75

Sulfur Oxides

6.65

9.98

Carbon Monoxide

6.65

133.00

Hydrocarbons

6.65

99.75

Nitrogen Oxides

6.65

13.30

These emissions result in a release of 0.50 grains per standard cubic

foot of air adjusted to 50 excess air. The standard to be met is

0.35 gr/SCF iRule 3—3.232(b). After December 31, 1973 Petitioner’s

incinerators will have to meet an even more stringent standard of

0.2 gr/SCF adjusted to 12 barbon dioxide.

Petitioner states that denial of the variance would cause

Petitioner to incur approximately $19,000 in expenses for disposal

of waste materials at an approved sanitary landfill. It is claimed

that this would impose an arbitrary and unreasonable hardship since

Petitioner has no funds to cover the expense. The one incinerator

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for which a permit was issued is currently operating at or near

capacity and therefore would not have the capability of handling

the waste material normally burned in the other incinerators.

Nothing in the record indicates that the construction program can

be concluded sooner than April 1974.

The Board is convinced the Petitioner has made an exceptional

showing of good faith in this matter and has demonstrated the

need for variance. The EPA recommends granting this variance for

one year or until the incinerator project is completed, whichever

is sooner. We concur in this recommendation and shall grant the

variance subject to certain conditions. The construction permit

which has been issued for the new central incinerator requires

Petitioner to conduct a stack test, and we will also include this

requirement in our order.

ORDER

It is the order of the Board that:

1. Board of Regents is granted a variance from Rule

3—3.232 of the Rules and Regulations Governing the

Control of Air Pollution and from Rule 203(e) of

the Air Pollution Control Regulations at Northern

Illinois University until July 25, 1974 or until

completion of the new central incinerator project,

whichever is sooner. Petitioner shall obtain all

necessary permits for the central incinerator.

2. When construction has been completed on the new

incinerator and Petitioner has received an operating

permit authorizing its use, Petitioner shall dis-

continue use of the 22 old incinerators.

3. Petitioner shall submit by-monthly progress reports

to the Environmental Protection Agency, Division

of Air Pollution Control, Variance Section,2200

Churchill Road, Springfield, Illinois 62706, be-

ginning November 1, 1973. Such reports shall detail

progress or lack of progress toward completion of

the central incinerator project.

4. As further condition for this variance, Petitioner

shall, within 30 days of start-up of the new incin-

erator, cause a stack test to be performed on the

new incinerator. Petitioner shall notify the

Agency’s Variance Section at least five days prior

to said stack test and shall allow Agency observation

if desired. Results of the stack test shall be

submitted to the Agency as soon as available.

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I, Christan L. Moffe~t, Clerk of the i1l~iois Pollution Control

Board, her~,bycertify the above Opinion and Order was adopted

this

/~‘“

day of c~I~4.’.&j

,

1973 by a vote of

$

to 0

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