ILLINOIS

POLLUTION

CONTROL

BOARD

March

22,

1973

OLIN

CORPORATION,

a Virginia Coruoratron

#72—517

v.

ENVI

MONMENTAL

PROTECTION

AGENCY

OPINION

AND

ORDER

OF

TIlE

BOARD

(BY

SAMUEL

T.

LAWTON,

JR.):

On

October

31,

1972,

in Case #72-357,

we

granted an order

extending the

variance

previously

granted

in

#71-60

and

subsecuent-

.iy

extended

in

#71-371 to March

31,

1973.

The variance authorized

Cliii

Corporation to burn in

the open certain exulosive waste genera-

ted

in

its manufacture of military flares, missiles,

rocket igniters

arid

jet

aircraft starter cartridges at

its Williamson County facility.

The

~rcsont petition seeks an extension from the March

31,

1973

ba

a

to March

31,

1974.

All

of the foregoing variance allowances

were

in contcmr;i~

tion

of petitioner dev~lopinga novel exoerimental-

type

incinerator for disnosal of the scrap generated.

Anolications

have

been

made to

the

Agency

to

authorize oneration of

this

facility.

On

March

3,

1972,

a

permit was granted to Olin to open burn in an

experimental

incinerator,

as

defined in

the plans

and specifications

submitted on February

23,

1972.

The permit was subject to certain

specified conditions and expired on March

3,

1973.

Initial runs of

the

experimental incinerator resulted in excessive amounts of washer

water being blown out of the stack, which conditions Olin anticipates

will be corrected by changes

in

the

drainage piping.

Olin represents

that it will need the additional year in order to perfect the inciner-

ator and that in the meantime,

it will be burning explosive scrap in

an abandoned strip mine area, which burni~g~~~wi11

not produce any

adverse impact on adjacent properties.

Disposal of explosive wastes

by

open burning at the present time

appears to be the only safe method of disposal, pending development of

more sophisticated incineration processes,

which are still in the

experimental stage.

The Agency has recommended that the variance be granted only until

July 1,

1973,

or until the incinerator is operational,

and the peti-

tioner has obtained permits from the Agency, which even

if sooner,

subject to conditions of reporting

,

observation of burning by

Agency personnel,

the submission

of monthly reports

detailing progress

7

—

385

---

‘a

‘

‘cc

.

~

a

~

rich tal

incinerator,

do

LOS

ai

cci

date

~

r

ea~rational cermits will ha

~c

~c~cc::v

~e

~.

allowance

until

July

1

•

1973

on

the

eel

IL

f

t:~t

a:’ri

ice

~io~

~a

I

necessary

permits

will

be

made

by

;nrch

31,

1973

and

th3

t

~

will

be

in

a

nosition

to

act

on

tee

~ermit

ci

‘licatio~:s

U

Jul

‘

,

1973.

however,

even

if

this

cr~

the

ease,

it

would

seam to qive Respondent

an

inord

Lnately

a

~arjod

ci time

to come

into compliance~

aecause

if

the nermits

granted

until

July

1,

1973,

it

is

unreasonable

to

exeect

t

Lca

incinerator

will

be

operational

on

the

same

date.

Ce

oclieve

that

Olin

has

demonstrated

progress

toward

the

achievement

of

its

objective

and

while

it

has

not

adhered

to

the

original

time

schedule

contemplated,

it

has

offered

satisiactory

reasons

in

justification

for

the

delay.

It

is

conceded

that

the

burning

takes

olace

in

a

remote

area

and

that

no

impact

on

adjacent

property

has

been

reported.

Likewise,

it

has

been

determined

that

no

satisfactory

alternative

to

the

open

burning

of

exalosive

waste

of the

sort involved

in this proceedinci

is presently available.

We will grant the variance until January

1,

1974,

subject

to

all

of

the

terms and conditions heretofore imposed in our earlier variance

allowances,

#71—60,

#71—373 and #72—357.

This opinion constitutes

the findings of fact and conclusions of

law of the Board.

IT

IS TUE ORDER of the Pollution Control Board that:

1.

Variance heretofore granted on October

31,

1972

in

Case #72-357

be

extended to January

1,

1974, subject to

all terms

and conditions as provided in Case

#71-6*;,

#71-371 and #72-357

to

the

extent said conditions remain

presently applicable.

2.

Petitioner shall do the following:

(a)

Notify

the

Agency

of

the

date

and

time

when

the

experimental incinerator is tested and permit Agency

personnel to observe said testing;

(b)

Confine the open burning of explosive waste to times

when atmospheric conditions are condueive to dispersion

of contaminants; and

(c)

Submit monthly reports

to the Agency in writing,

detailing its progress toward

the

completion of

the

7

—

386

---

incinerator,

dates

of

tests

on

the

incinerator,

tIme

comnlet~on

date

of

the

testing

program

and

progress toward completion of permit applications,

including the date petitioner intends to

file

its permit application with the Agency.

I,

Cliristan Moffett, Clerk of the Illinois Pollution Control Bofld,

certify

that

the

above

Opinion

and

Order

was adopted on the ~

day of March,

1973,

by a vote of

________

to

ç..

‘ra. ~

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—3—

7

—

387

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