ILLINOIS POLLUTION CONTROL BOARD

March

7,

1972

CONSOLIDATED ALUMINUM CORPORATION

#71—383

V.

ENVIRONMENTAL PROTECTION AGENCY

OPINION AND ORDER OF THE BOARD

(BY MR. LAWTON):

On June

23, 1971,

a variance order was entered in favor of

Phelps Dodge Aluminum Corporation, now Consolidated Aluminum Corpora-

tion, granting

a variance until December 23,

1971 allowing petitioner

to

burn

magnesium

waste

in

the

open,

subject

to

the

terms

and

conditions

set

forth

in

the

order,#7l-66. Petitioner, by this proceeding,seeks an addi-

tional six months in which to continue the open burning of magnesium

chips, pending development and completion of a chip compacter which,

if proven satisfactory, will enable the melting of pellets without the

need for the burning of magnesium chips.

As stated in our earlier opinion, Petitioner’s Madison, Illinois

plant engages in casting, extruding and rolling of magnesium and alumi-

num mill grade products.

Twenty million pounds of magnesium primary

ingot are processed each year,

generating between 150 to 250 pounds

per day of magnesium fines and chips resulting from the sawing and

machining operations.

All reclamable

fines and chips are remelted.

However,

some fines and chips contaminated with cutting oils and other

organics are considered too hazardous to be handled in melting operations

and must be disposed of by open burning.

In granting the six-month

v~riatiop,we directed petitioner to file with the Agency and the Board

monthly reports indicating what steps it was pursuing

to find alterna-

tive means of disposal to open burning.

In the present petition for variance, petitioner discusses in

detail various alternatives that it has pursued including encapsulation,

hauling, compaction by petitioner, digestion, extrusion and compaction

by Diversified Industries.

Encapsulation involves the mixing of magne-

sium chips with liquids that harden into a solid.

This system has not

reached a satisfactory point of development.

Suitable arrangements for

hauling have not been accomplished.

Compaction

with Diversified In-

dustries contemplates

a compacting system with magnesium chips and

aluminum wire slugs which has not been developed.

Digestion by petitioner

using sodium chloride,

iron chloride, sulfuric acid and tap water has

not proven satisfactory, both from a cost and space viewpoint.

Extrusion

of chips through a die,

at the present,

has

only been partially success-

ful.

Noise and possible damage to equipment caused a termination of

this procedure.

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The remaining alternative employed by Petitioner, whereby

pellets are made by chip compaction, has proven satisfactory, and

petitioner is optimistic that within the six-month period requested~

by this variance proceeding, it will have a satisfactory compaction

program developed which will allow for the melting of pellets without

the need for burning of magnesium chips.

In the meantime,

it intends

to pursue the other alternatives considered, but believes that the

compaction method will be the most likely to achieve results.

The Agency recommends that the variance be denied believing that peti--

tioner has not made the degree of progress in this respect that it should

have by this time.

However, we note that in cases of this sort and

comparable cases involving disposal of dxplosive wastes,

the state of

the arts

is still in a highly developmental stage and we do not believe

any useful purpose

is served by insisting on immediate compliance with

open burning regulations where

the attributes of danger are obvious.

See

Environmental Protection Agency v. Olin Corporation, East Alton, Illi-

nois,

#70-li; and Olin Corporation v~Environmenta’l Protection Agency,

#70—25.

Petitioner appears to have pursued a variety of alternative

means of disposing of its magnesium chips and is embarking on a specific

program that gives cause for optimism.

We do not believe that under

the circumstances, thevarjance should be denied.

Clearly, the hardship

on petitioner in demanding immediate compliance with the regulations is

disproportionate with any benefit to the public

in denying the allowance.

Nothing in this or the former proceeding indicates that any burdens have

been created upon adjacent properties or residents in the neighborhood.

This opinion constitutes the findings of fact and conclusions of

law of the Board.

IT IS

THE

ORDER of the Pollution Control Board that variance

previously granted in Case #71—66 be extended to June

23,

1972, during

which time petitioner may burn magnesium waste in the open,

subject to

all terms and conditions s~tforth in the original order of variance,

#71—66.

I, Christan Moffett, Clerk of the Pollution Control Boaçd, certify

that the above Opinion and Ordpr was adopted on

the

7~’day

of

March,

1972, by a vote of

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