ILLINOIS POLLUTION CONTROL BOARD
    November
    8, 1971
    MONSANTO COMPANY
    v.
    )
    PCB
    71—110
    ENVIRONMENTAL PROTECTION AGENCY
    Messrs. Hackbert, Rooks,
    Pitts, Pullagar
    & Poust, by Mr. Harlan
    L.
    Hackbert,
    for Monsanto Company
    Mr. Fred C. Prillaman,
    for
    the Environmental Protection Agency
    Opinion of the Board
    (by Mr.
    Durnelle)
    Monsanto Company
    (Monsanto)
    petitioned for
    a variance to be
    allowed
    to discharge mercury
    (Hg)
    into the waters of Illinois
    beyond the limitation specified in recently adopted Mercury Regula-
    tions
    (Docket No. R70-5).
    In response to the Recommendation filed
    by the Environmental Protection Agency
    (EPA)
    Monsanto filed
    an
    amended petition which recounted additional mercury—controlling
    measures and specified attainable effluent concentrations on
    a daily
    average basis.
    We grant the requested variance
    to
    the extent of
    allowing
    a maximum daily output of 0.5 pounds.
    The daily amount
    is approximately equivalent to
    5 ppb on
    a total plant effluent
    basis and is about 10 times the
    maximum
    discharge permitted under
    the regulation.
    The instant petition was filed with the Board on May
    14,
    1971.
    A hearing
    in the matter was held in Sauget, Illinois on September
    9
    and 10,
    1971.
    The petitioner made an express waiver of the ninety
    day requirement of the Environmental Protection Act and the Board’s
    Rules in a stipulation joined by the Environmental Protection Agency
    and filed with the Board on July
    22,
    1971.
    The regulation from which the company sought to be exempt was
    adopted by the Board on March 31,
    1971.
    The regulation was initially
    proposed on August 19,
    1970.
    Its enactment represented IIliriois~
    response to the much heralded mercury environmental hazard.
    At
    the
    rule-making proceeding
    it was demonstrated that an exemption should
    be provided to preclude
    the necessity of forcing an industrial
    enterprise to shut down iirmediately upon the effective date of the
    regulation.
    The exemption was provided for discharges which would
    be at least 95
    controlled within eight months
    of the adoption of
    the regulation and which,
    in the aggregate, would not exceed five
    pounds per year.
    The exemption was put in as the result of
    testimony from the paint manufacturing industry.
    3—a

    The mercury regulation is
    both
    a water quality and effluent
    standard.
    The limitation of both the water quality and effluent
    standard is 0.0005 mg/l as
    Hg
    (approximately 0.5 ppb).
    The
    effluent standard applies
    to mercury discharges into all Illinois
    waters including discharges into sewers.
    All users
    of more than
    15 pounds per year of mercury and those who discharge any mercury
    are required
    to submit annual reports to the EPA describing
    the
    nature of the mercury use,
    the amount discharged and programs
    underway taken to reduce or eliminate the discharge of mercury—
    bearing wastes.
    The regulation also deals with the disposal of
    mercury bearing sludge and provides that recycling be used where
    feasible
    and
    for
    disposal
    in
    such
    a
    manner
    so
    as
    to
    minimize
    both
    air
    and
    water
    hazards
    if
    the
    sludge
    containinci
    mercury
    residues
    can
    not
    be
    practicably
    reclaimed.
    The
    effluent
    standard
    was
    set
    at
    the
    same
    0.5
    ppb
    level
    as
    the
    quality
    standard
    as
    a
    reflection
    of
    the
    principle
    that
    no
    discharge
    of
    mercury
    should
    be
    allowed
    unless
    it
    is essentially unavoidable.
    Because mercury discharges are
    not degradable and therefore cumulative and because mercury
    is
    so
    highly toxic the effluent standard was set to preclude discharges
    wherever possible.
    Incorporated in the Mercury Regulations are the analytical
    methods by which mercury’concentrations
    are to be determined.
    Both
    flameless atomic absorption spectroscopy and neutron activation
    analyses are specified as acceptable methods for determining mercury
    levels.
    At the rule-makng hearings
    the Director of the Water Puri-
    fication
    Laboratory
    of
    the
    City
    of
    Ch.tcago
    testified
    that
    they
    have
    refined
    their
    analytical
    technique
    with
    the
    f
    ciess
    atomic
    absorp-
    tion
    method
    to
    detect
    0.1
    part
    per
    billion
    with
    cceptable
    precision.
    The
    precision
    is
    reported
    to
    be
    greatly
    increased
    at
    the
    level
    of
    0.5
    ppb.
    Other
    testimony
    by
    Dr.
    Leonard
    C,
    Goldwater
    indicated
    that
    the
    neutron
    activation
    method
    of
    analysis
    was
    more
    precise,
    could
    possibly
    be
    available
    on
    a
    contract
    basis,
    and
    for
    large
    scale
    use
    would
    probably
    not
    be
    economically
    prohibitive
    when
    compared
    with
    other
    analytical
    methods.
    Dr.
    Goldwater
    stated
    that
    the
    neutron
    acti-
    vation analyses could detect mercury down to the presence
    of
    one
    atom of mercury.
    Since 1917 Monsanto has owned and operated
    at Sauget,
    Illinois
    an industrial plant known as its
    “W.G,
    Krurmnrich Plant’s, one
    portion of which
    is
    a chlor-alkali facility which uses mercury.
    The
    plant employs 1,350 persons and produces about
    a hundred different
    chemical products
    (R.25).
    Mercury
    is
    not
    a raw material
    at the plant but
    is
    used chiefly
    as
    a
    carrier
    of
    sodium
    or
    potassium
    ions
    and
    a
    conductor
    of
    electricity
    in
    the
    production
    of
    chlorine
    gas
    and
    sodium
    hydroxide
    (NaOH)
    or
    potassium
    hydroxide
    (KOH)
    .
    By
    passinq
    a
    direct
    electrical

    current through
    a flowing salt brine from
    a fixed anode
    throuqh
    the
    brine
    to
    a
    flowing
    mercury
    cathode
    the salt is converted
    tc
    chlorine
    gas
    and
    to
    a
    mercury—sodium
    (or
    potassium)
    amalgam.
    amalgam
    is
    passed
    through
    a
    decomposer
    where
    it
    is
    reacted
    wI
    01:
    and
    forms
    NaOH
    or
    EON,
    hydrogen
    gas,
    and
    elemental
    mercury
    ~0~4;
    The
    mercury
    is
    then
    returned
    to
    the
    cell to be reused as thece
    The NaOH or EON is processed and sent to storage and
    the hyOr
    gas
    is processed and compressed for use in other processor.
    ho::c:~:
    is also present
    in the plant
    in various instruments and d~:~
    as thermometers, manometers and electrical switches
    ‘R.
    are more than
    2,000 instruments
    in
    the plant which
    cc:r’~a±.:~
    CR.
    122—123)
    .
    These devices contain
    840 pounds of recrc~:ry
    The principal concern about mercury, however,
    is
    th:-:
    ar:ouet
    ~ee
    and reused in the chlor-alkali process.
    In
    that,
    erecese
    0h~ein:r.
    is presently using mercury at the rate of
    32,010
    :~e
    /~‘ee;
    For calendar year 1970 the plant’s usage was
    ~0910
    puec0~
    TO:
    consumption for
    1969 was approximately ~
    ar 0~1970
    yO. ~22l~
    The
    total
    plant
    discharge
    of
    waste
    water
    Os
    00
    per
    minute
    or
    about
    13,000,000
    gallons per
    de’:
    10i~:
    cIarit’~
    wastes
    are
    collected
    first
    in
    the
    compler
    se::~r:
    rv::~eee~
    :;
    0
    0:
    those
    from
    the
    chlor—alkali
    facility
    arc
    tr:etcd
    a::htO:r
    Lc:Le:
    with
    the
    rest
    of
    the
    plant’s
    wastes
    are
    reute
    h~
    Sauget
    sewers
    which
    lead
    to
    the
    Sauget
    e.::’eet
    eOen:
    ~~::
    into
    the Mississippi River.
    Samples of
    the plant effluent taken
    A~:0u~:t1~0
    show
    a
    discharge
    of
    0.72
    pounds/day
    or
    mrrc::v
    er
    r:t:
    7
    ppb
    Hg
    on
    a
    total
    plant
    basis
    (H.
    145,
    100,,
    embarked
    upon
    its
    mercury
    control
    prograc
    dischrr”::
    rc::
    approximately ten times higher.
    In January.
    1971
    the
    dhsehe:’
    was estimated
    to be
    7.7 pounds/day as Hq~
    The company has since becoming aware cr
    ohe DrOt:~:rit
    1970, installed
    a sulfide precipitation
    proe:~ss for Oh~
    mercury
    from
    its
    waste
    streams
    in
    the
    chlo~~.;:0hefo tefo~r:y
    It
    103).
    The
    research
    and
    engineering
    progr:c:
    f’:::
    the
    oe~e:..
    process
    cost
    $400,000
    (R.103)
    and
    the
    coSt:
    c
    :.i::0Lac1c:~
    ~
    process
    was
    $600,000
    (R.lll)
    The
    plant
    sewer
    system
    was
    changed
    so
    the
    0
    eJ,O
    lIe
    ~eLe
    in
    the
    chlor—alkali
    facility
    are
    collectee
    Ici
    teeetereY-
    b~’ the
    sulfide
    process
    (R.l06—l07,
    Pet.
    Ex.
    4,5)
    .
    Tfoeewe::
    ~
    Ot
    been
    modified
    to
    provide
    a
    closed
    collection
    see
    :e~e~he
    concept”
    (H.
    111).
    The
    process
    wastes
    f1o~r;
    frc:m
    et
    re
    c
    tee
    to
    a
    collection
    basfo,
    the
    pH
    is
    adjusted
    with
    self’ ri:
    et~f art
    foe
    wastes
    are
    pumped
    to
    a
    storage
    tank.
    The
    matcrriei
    0:
    re
    teetted
    with
    sodium
    bisulfite
    and
    transported
    to
    the
    clarifier
    Ole
    ~::lids
    3
    11

    settle out and
    are removed on
    a batch basis
    (H.
    107)
    .
    After the
    clarifier
    the
    effluent
    stream
    goes
    through
    sand
    filters,
    polishing
    filters,
    and
    an
    activated
    carbon
    filter
    (H.
    108)
    .
    The effluent is
    then
    moved
    to
    storage
    for
    reuse
    or
    discharge.
    Two
    tanks
    which
    can
    be
    alternately
    used
    are
    available
    for
    storage
    and
    the
    effluent
    can
    be
    analyzed
    before
    discharge
    into
    the
    sewer
    (H.
    109).
    An
    effort
    is
    being
    made
    to
    use
    recycled
    water
    in
    every
    place
    possible
    (R.
    110)
    The
    sulfide
    removal
    system
    was
    designed
    by
    Monsanto
    and
    is
    the
    only
    facility
    of
    its
    type
    operating
    on
    a
    commercial
    scale
    in
    the
    United
    States
    (R.
    202)
    .
    The
    removal
    process
    was
    designed
    to
    accept
    wastes
    in
    the
    5,000
    to
    7,000
    ppb
    Hg
    range
    and
    discharges
    an
    effluent
    con-
    taining 200 or less ppb Hg (R~ 230).
    The operating efficiency of the
    system is better than 99,
    A recent measurement was
    at 99.2
    removal
    CR.
    234)
    .
    Expressed
    as amounts,
    the mercury removal process has
    a
    mercury discharge
    in
    the
    range of 0,08
    0.11 pounds/clay
    (R.
    152—153).
    The sludge drawn from the clarifier
    is predominantly mercury
    sulfide similar to
    the naturally occurring cinnabar
    (B,
    108).
    The
    liquid which
    flows from the dewatering when the sludge
    is transferred
    from
    the
    clarifier
    to the dumpster
    for land disposal
    is recycled
    back through the treatment system
    CR.
    110—111).
    The solids from the
    removal process
    are deposited on
    the
    company’s own
    land disposal site
    located west of the plant~and across the highway from it
    (B.
    204—205)
    The sludge or gyp accumulates
    at
    a rate of approximately
    500 to
    1,000
    pounds per week and is buried at the site.
    The
    range of mercury
    concentration of
    the sludge
    is not known
    (R.
    235—236)
    Mr.
    Jack
    W. Nolloy, Manufacturing Manager of the plant testified
    that no commercially feasible
    system was available
    to achieve
    ‘the
    limitation
    of
    the
    mercury
    regulation,
    0.1 ppb Hg
    (B,
    104,
    120,
    152).
    He said
    that
    he
    and
    others
    evaluated
    other
    known
    processes
    (B. :L03-l04)
    and concluded that
    the sulfide treatment process
    in use at the
    plant.
    was
    reflective of the best use of uresent technology
    (B.
    154—157)
    A summary of the measures taken to reduce the use of mercury
    and reduce the concentration of mercury
    in
    the effluent include
    the
    installation
    of
    steel
    bottoms
    in the cells, modification
    of
    existing
    sewer
    system
    to
    implement
    the
    bathtub
    concept
    waste
    water
    reuse
    and
    flow
    reduction,
    and
    research,
    engineering
    and installation
    of
    the
    sulfide
    removal
    process.
    As
    a
    result
    of
    the
    mercury
    abatement
    measures
    significant
    reductions
    in
    mercury
    loss
    have
    been
    noted.
    Although the company has acted with
    dispatch
    it
    must
    not
    either
    stop or slow the pace
    at which it
    is working but must continue to
    consider new and untried measures such as sewer cleanups, improvements
    in monitoring
    and selection of incoming raw materials, improvements
    in the levels of Hg contamination of
    products
    used
    and
    shipped
    and improvements in plant practices.
    It is clear
    that although
    virtually all of the mercury is used at the chlor-alkali
    facility
    the bulk of the mercury contamination of the waste water is
    coming from the remainder of the plant.
    Perhaps some unknown

    interconnections
    still
    exist.
    In
    that
    portion
    of
    the
    plant
    other
    than
    the
    chlor—alkali
    facility
    in
    which
    essentially
    no mercury is
    being
    used
    the
    company
    must
    continue
    to
    decrease
    mercury
    levels
    in
    its
    effluent.
    Quite
    obviously
    the
    use
    of
    mercury
    at
    the
    Xrunmtrich
    Plant
    represents
    a
    first
    order
    environmental
    concern.
    The
    annual
    usage
    c.f
    32,000
    or
    69,000
    pounds
    of
    mercury
    has
    to
    go
    somewhere.
    That
    amount
    which
    does
    not
    leave
    with
    the
    plant’s
    effluent
    which
    is
    not
    environmentally broadcast as an air emission
    and
    which is not co~t-
    pletely inventoried at the solid waste disposal site must be lea’.’in~
    the plant as a product contaminant
    and
    thereby being distributed.
    The
    present
    rate
    of
    use
    is
    approximately
    half
    of
    the
    toner
    rate
    of
    use
    due
    to
    the
    mercury
    control
    program
    now
    in
    effect.
    This
    reduse~
    rate of consumption represents a net dollar savings to the company
    of about $140,000.
    The fraction of the nercury consumption o.
    direct concern in this proceeding is of course, only the 3moun:
    in
    the
    riant’s aqueous effluent.
    Monsanto reported on a river testing program undertaken by
    independent consultants.
    Mr. Molloy testified to the effect that
    allowance of a variance permitting the discharge of 0.5 pounds/day
    of mercury wou.d make no measurable change in the background level
    of the Mississippi River
    (R.
    161—167).
    An3lysis of fish taken from
    the River a!
    showed less than 0.5 parts per million of mercury
    (ft. 163).
    ?~3thounhthis testimony sho’~sthat there is no
    immediate
    hazard in tho r~’er
    ~
    cannot feel secure that no mercury pollution
    threat exists.
    We learned in our rule-waking hearings
    that
    the principal
    difficulty with mercury pollution is the phenomenon of biological
    magnification.
    Mercury compounds are concentrated in aquatic
    or7anisms by direct uptake
    from
    the rater and sediment and
    subsequent inr;estion of the smaller species by larger fish.
    Some
    :~ishat the ond of the food chain are known to have levels of
    mercury
    thout 3,000 tines as great as the mercury concentration of
    the
    water
    in which they were caught.
    Further,at this tine we cannot
    ~e sure that norcry in the bottom sediment is not a future problem.
    :e find that application of the Mercury Regulation would
    work
    at
    ‘in ‘easonable hardship on the petitioner in this case and
    acuordinçly c’rant a variance.
    Up to this point of time the
    petitioner has seenirn.y
    made all practicable efforts to reduce
    the amount of ~e~curydischarged from its operations.
    It must
    continue to do no less.
    We grant the variance for one year to the
    extent of allowing the discharge of up to 0.5 pounds/day from the
    W.R. Icrummrich Plant.
    The grant is a conditional one with three condi-
    tions precedent to its continuance.
    First is a requirement that
    the company monitor the mercury content of its waste water in
    the storage tank immediately prior to sewer discharge and when
    necessary to reprocess the wastes for further removal of mercury.
    3—13

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    4

    The
    Board
    buying
    con
    icrud
    ib.
    oa~ Thon
    :~uc~men;Th
    ~ion,
    transcript
    and
    rxhibits
    in
    tnTh
    r’~~
    ~
    ‘~i:;
    Comoany
    a
    variance
    from
    the
    cpecati~)fl
    o~rha
    Peccur~
    ‘~atat~n
    (Docket
    No.
    R70—5)
    subject
    to
    the
    L~o.
    a~c conditions:
    1.
    Variance
    is
    granted
    to
    the
    extent
    of
    permittina
    discharge
    of
    mercury up to 0.5 pounds/day
    as
    a daily average.
    2.
    Variance herein granted extends
    to November
    7,
    1972.
    3.
    Monsanto
    shall
    sampl.e
    and
    analyze
    the
    Tnercury~-bearinq
    waste
    water
    which
    is
    alternately
    put
    in
    one
    of
    the
    two
    storage tanks prior to release
    to the village sewers and
    treatment plant.
    If
    the
    concentration
    of
    mercury
    is
    too
    high
    the wastes must be rerouted
    for
    further
    f-reatment.
    4.
    Monsanto
    wall
    submit
    to
    the
    EPA
    and
    the Board monthly
    reports
    on
    the
    progruss
    of
    its
    mercury
    abatement
    program.
    The
    first
    report
    shall
    cover
    the
    period
    through
    December
    31,
    1971.
    The
    reports
    shall
    include
    a
    listing
    of
    the
    mercury
    concentration
    of
    tilO
    waste water storage
    tanks
    before
    discharge
    and
    shall
    be
    submitted
    a reasonab’e
    time
    atter
    the
    end
    of
    the
    month.
    5.
    Monsanto
    shall submit
    to
    the
    EPA
    and the
    Board
    within
    six
    months
    from
    dato
    a
    report
    de-s1in~ ;~dth
    thu
    feasibil~
    ty
    of
    alternaticc,
    non—mercLry
    using
    met~ods o~ production
    of
    sodium
    (or
    poaassium)
    hydroxi
    le
    on:
    Thlnolne
    at
    the
    Erummrich
    Plant.
    6.
    Failure
    to
    a There
    to
    any
    of
    tfe
    oonTh tions
    of
    this variance
    sholl be rrcunds
    for
    revocation o:
    the
    carThrice.
    CLrist~n
    7tolfstt,
    ~ctinq
    Clerk
    o~ the
    Illinois
    Pollution
    Control
    ~oard,
    ocr tlly
    that
    the
    Poarri
    adortod
    the
    shove
    Opinion
    and
    Order
    on
    the
    ~dsy
    of
    Nru7cnhur
    ,
    0 ‘7.1..
    /
    ~
    .
    -
    /
    /
    (
    ~
    ~/
    Christen
    Moffett,
    Acting
    Clerk
    Illinois Pollution Control Board

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