ILLINOIS POLLUTION CONTROL BOARD
March
 28,
 1972
DONALD
 G. NICKEL d/b/a NICKEL
BROTHERS TREE SERVICE
v.
 )
 PCB 71—392
ENVIRONMENTAL PROTECTION AGENCY
Opinion and Order of
 the Board
 (by Mr. Aldrich):
A petition for variance was
 filed December
 30,
 1971, by Donald
 G. Nickel
d/b/a Nickel Brothers Tree Service
 (“Nickel”)
 of Beloit, Wisconsin.
Petitioner requests
 a variance for one year
 to dispose of approximately
120 tons of waste building lumber by burning
 it with
 an air curtain
destructor.
 Site of the proposed burninq is located in Winnebago
County,
 Illinois.
 After ~eceipt
 of
 a recommendation from the Envir-
onmental Protection Agency
 (“Agency’t)
 the Board decided that no hearing
was necessary for proper resolution of
 the
 case.
Nickel
 seeks to dispose of waste building lumber from which asphalt
roofing has been removed.
 The asphalt materials would be separated
by
 the wrecking
 companies before hauling the building waste
 to
 the
burning site.
Petitioner has obtained
 a permit from the Agency allowing Petitioner
to burn with an air curtain destructor approximately
 1,200 tons of
landscape waste.
 Nickel indicates that the burning of
 the waste
building lumber would
 act as
 a kindling agent to aid
 the burning
of the landscape waste!
 and is directly related to the financial
feasibility
 of the entire venture.
 Nickel
 further states that unless
it is peimitted to burn waste building lumber it will
 have
 to abandon
the permit to burn landscape waste.
 Petitioner also contends
 that
burning
 is
 the only known effective method for disposing of waste
building lumber and
 that alternate methods of disposal,
 such as
burying,
 are rapidly becoming exhausted.
No objection to the granting of the variance was received.
 The Agency
recommends that the variance be granted providing that all conditions
of
 the permit granted to Nickel
 for the burning of landscape waste
be made applicable
 to this variance
 as conditions
 thereto,
 that all
waste building lumber that is burned be free of asphalt roofing
 and
that before operating,
 Petitioner be required to post
 a performance
bond in the amount of $20,000.
4
 —
 105
We feel that Petitioner has adequately discharged his responsibility
to prove the need for a variance.
 We, therefore, concur with the
 recommendation of the Agency and grant the variance with an appropriate
set of conditions as specified in the order.
In a letter dated March 15,
 1972, ?etitioner asks thnt the restriction
on time of burning, 10:00 A.M. to 4:00 P.M.,
 a condition of the permit,
be changed to allow burning
 “from
 7:00 A.M. to dusk on days that are
most suitable for burning.”
 We grant the variance on the basis of
the time limit in the permit and shall ask the Agency to respond by
April
 20, 1972,
 to Petitioner’s request for an extension of the hours
per
his letter of March 15, 1972.
The
arguments
presented
 by
 Petitioner
 and our
 disposition of the case
suggest
 to
 us
 that
 we
 should
 examine
 the
 acceptability
 of
 burning
wood product wastes with the aid of an air curtain destructor.
 In
adopting Open Burning Regulations, R 70-11, we limited the use of
the air curtain destructors to the burning of “landscape wastes.”
We
 now
 ask ourselves whether it is necessary or reasonable to make
a distinction between basically the
 same
 materials——wood or
 lumber
wastes and landscape wastes.
 We need to know the answer to thrse
questions:
--What is the environmental damage
 from
 permitting
 the
 burning
of
 wood
 product
 wastes
 in
 an
 air
 curtain
 destructor?
——Are
 there
 beneficial
 uses
 for
 wood
 wastes
 that
 have
 not
been
 adequately
 explored?
--What
 are
 the
 problems
 of
 alternative
 methods
 of
 disposal,
mainly
 in
 landfills?
 Is
 this
 an
 efficient
 use
 of
 a
 limited
resource
 for
 disposal?
 Are
 there
 special
 problems
 in
 handling
and
 compacting?
We
 shall ask the Agency
 and
 the Institute to study the matter and to
propose a modification in R70-ll on which we can schedule hearings as
soon
 as
 is
 feasible.
This
 opinion
 constitutes
 the
 Board’s
 findings
 of
 fact
 and
 conclusions
of law.
ORDER
1.
 Donald G. Nickel d/b/a Nickel Brothers Tree Service is hereby
granted
 a
 variance
 from
the
 Open Burning
 Regulations
 CR70— 11)
until
 March
 28,
 1973,
 in
 order
 to
 dispose
 of
 approximately
120 tons of waste buildinq lumber by burning with an
 air
curtain destructor at its disposal site in Winnebago County,
Illinois.
4—106
2.
 Conditions
 1 through 17 of the permit granted
to Nickel by the
Environmental Protection Agency on November 22,
 1971, ale hereby
made
 a part of this order.
 Under condition No.
 4., burning is
limited to the hours
 of 10:00 A.M.
 to 4:00 P.M.
3.
 All
waste building lumber that
 is burned shall be free of
asphalt roofing.
4.
 Before operating, Nickel shall post a performance bond
 in the
amount of $20,000,
 in a form acceptable to the Agency,
 to be
forfeited in the event Nickel fails
 to comply with any condition
of this variance.
I, Christan Moffett, Clerk of the Pollution Control Board, ,~pertify
 that the Board adopted the above opinion and order this.~3’_7dayof
March,
 1972, by a vote of
 to
0.
4
 107