Eric Boyd Published in Chicago Daily Law Bulletin
"New Odor Standard Can Address Grey Areas" and "Odor Standard Needs Update"

Seyfarth Shaw Chicago Environmental, Safety & Toxic Torts partner Eric Boyd co-wrote a two-part article that was published in the Chicago Daily Law Bulletin on October 31 and November 1. The article discussed the current odor standards in the state of Illinois as well as the current state of odor science.

Eric suggests that the pollution control board consider adopting an objective odor standard, applicable to all odor sources, much like the approach the state takes to address noise issues. He points out that complaints are not enough and "offer a poor means of gauging community reactions to sources of odors," since it is difficult to assume that they accurately represent the true feelings of the person complaining or the condition of the odor source. He also notes that the problems of selective and/or under-enforcement would also be solved by having an objective standard.

In the second part of the article, Eric touches upon the biology of the human nose and the function of the sense of smell, and he notes that the Environmental Protection Act Section 10(b) authorizes the pollution control board to adopt regulations which specify maximum amounts or concentrations of various "contaminants" (including odors) released into the atmosphere.

His proposed standard updates the current Environmental Protection Act Part 245 by using current odor science to determine whether an objectionable odor level exists and making it applicable to all Illinois odor sources.