ILLINOIS POLLUTION CONTROL BOARD
May
24,
1990
IN THE MATTER OF:
THE PETITION OF BORDEN CHEMICALS
AND PLASTICS OPERATING LIMITED
PARTNERSHIP (FORMERLY BORDEN
CHEMICAL COMPANY)
FOR A SITE-
)
P.86—14
SPECIFIC RULE CHANGE REGARDING
)
(Rulemaking)
~JASTEWATER DISCHARGES
INTO AN
UNNAMED TRIBUTARY OF LONG
POINT SLOUGH
PROPOSED RULE
SECOND FIRST NOTICE
OPINION AND ORDER OF
THE
BOARD
(by
B. Forcade):
This matter comes before the Board
on
a petition
for
site—
specific rulemaking filed March
31,
1986
by Borden Chemicals
Company, now before the Board as Borden Chemicals and Plastics
Operating Limited Partnership
(1tBorden”).
(See Order
of August
4,
1988.)
This petition is
for relief from the Board’s effluent
limitations for total dissolved solids
(“TDS”) and for chloride
and from the requirement that
no effluent shall cause a violation
of applicable water quality standards.
35
Ill. Adm.
Code 302.208
and 304.105.
The excess effluents originate
at Borden’s
Illiopolis,
Illinois plant and are primarily attributable
to
wastewater
from the air pollution control equipment which Borden
began operating
in 1978.
The Board previously issued
its First
Notice Opinion and Order
in this
matter
on February
8,
1990,
granting the relief essentially agreed upon by Borden and the
Illinois Environmental Protection Agency
(“Agency”).
A Second
First Notice Opinion and Order
is now appropriate due
to
comments
primarily of
a procedural nature
received as
a result of First
Notice.
Procedural History
The merit hearing
was held on December
10,
1986
in
Springfield,
Illinois.
The Economic Impact Study
(“EcIS”) was
filed by
the Department
of
Energy and Natural
Resources
(“DENR”)
on October
17,
1988.
The economic hearing was then held
on
January
10,
1989.
On February
22,
1989,
the Agency
filed
its
comments and Borden filed
its Response
to Hearing Officer’s
Request
for Information.
The Board’s First Notice Opinion and
Order was issued on February
8,
1990.
On April
12,
1990,
the
Agency submitted comments
to
the Board’s
First Notice Opinion and
Order.
On April
18,
990,
Borden filed
its Response
to
the
Agency Comments
to First Notice.
111—45
1
Discussion
As more fully described
in the Board’s First Notice Opinion
and Order of
February
8,
1990,
Borden’s compliance with existing
standards may be technically feasible,
but compliance would not
be economically reasonable
in this case.
The EcIS reports
compliance costs ranging from $877,483
to $1,486,568.
Borden’s
estimation of the cost
to comply was much greater,
ranging from
$17,733,000
to $80,838,000
for the same compliance alternatives
evaluated by DENR.
The Board
found that Borden’s cost estimates
more accurately depicted the costs
to comply.
The Agency’s
comments also concluded
that Borden’s figure appeared more
realistic.
The environmental benefit would be minimal according to
reliable information from both Borden and the Agency.
The Board
concluded
in its First Notice Opinion and Order
that under
these
circumstances,
the costs
of compliance outweigh any environmental
benefit presented
in the record.
This same conclusion was also
reached by Borden,
the Agency,
and DENR.
In its First Notice Opinion and Order,
the Board proposed
site—specific relief
in the form of an amendment
to
35
Ill.
Adm.
Code,
Subtitle C:
water Pollution,
Chapter
I,
Pollution Control
Board, Part
304,
Effluent Standards.
At First Notice,
the Board
proposed
to add a new section to Subpart. B:
Site-Specific Rules
and Exceptions Not of General Applicability.
The proposed
new
section,
35
Ill.
Adm. Code
304.211, would be entitled:
Discharges
from Borden Chemicals and Plastics Operating Limited
Partnership Into An Unnamed Tributary of Long Point Slough.
The
language of the new section
limited relief
to Borden’s Illiopolis
Plant and provided relief from Section 304.105
as
it applies to
water quality standards
for total dissolved solids and chlorides
limitations of Section 302.208.
The
relief would be effective so
long as total dissolved solids and chloride concentrations are
not
in excess of
2,500 mg/l and 800 mg/l,
respectively.
The new section as initially proposed stated:
Section 304.211
Discharges From Borden Chemicals and Plastics
Operating Limited Partnership Into an Unnamed
Tributary of
Long Point Slough
a)
This Section applies
to effluent from Borden Chemicals
and Plastics Operating Limited Partnership’s Illiopolis
Plant which
is discharged
to an unnamed tributary of
Long Point Slough
in Sangamon County.,
Illinois.
b)
Such discharges shall not besubject
to Section 304.105
as
it applies
to
the water quality standards
for total
dissolved solids and chlorides of Section
302.208
in the
unnamed tributary and Long Point Slough
to the con—
~I
-452
—J—
fluence with
the Sangamon river
so long
as the con-
centration of total dissolved solids does not exceed
2,500 mg/l and so long as the concentration of chloride
does not exceed 800 mg/l
in those waters.
Although the First Notice Opinion and Order provided for
regulatory relief
for Borden by the addition of a new Section
304.211,
in response to the Agency’s comments filed April
12,
1990,
the Board now proposes
to restructure the relief
to
be
granted.
The Agency’s comments highlight two issues:
(1)
the
need
to fashion relief
in Part
303,
rather than
in Part
304 as
had been proposed at First Notice~and
(2)
the need
for numeric
limits
for total dissolved solids and chloride concentrations
which specify monthly average effluent limitations,
as well as
the maximum daily concentrations designated by the Board at First
Notice.
The Agency referred the Board
to USEPA’s position
in
reviewing
the John Deere site—specific rulemaking
in R81—26
that
USEPA considers
that the kind of
relief proposed at First Notice,
amounts
to de facto revision of the water quality standards
for
the receiving stream.
JSEPA
believes
that to
be approvable
under
federal
law,
the relief
for Borden must be included
in Part
303,
Water Use Designations and Site—Specific Water Quality Standards,
Subpart
C:
Site—Specific Designations and Site—Specific Water
Quality Standards.
Consequently,
the Board proposes
to add new
Section 303.431, as follows:
Section
303.431
Long
Point
Slough and
Its
Unnamed Tributary
The
general
use
water
quality
standards
for
total
dissolved
solids
and
for
chloride
contained
in
Section
302.208
shall
not
apply
to
Long
Point
Slough
and
its
unnamed
tributary,
which
receive
discharges
from
the
Illiopolis,
Illinois
facility
of
Borden
Chemicals
and
Plastics
Operating
Limited
Partnership,
from the outfall
of that facility
to
the point
of
the confluence
of
the unnamed
tributary
downstream
with
the
Sangarnon
River.
Instead
this water
shall
comply with
a
total dissolved
solids standard
of
2,500 mg/l
and a chloride standard of
800 mg/i.
Additionally,
new Section 304.211 shall
be added
to provide
for
maximum daily and monthly average effluent
limitations as
follows:
111—
!~
53
—4—
Section
304.211
Discharges
From
Borden
Chemicals
and
Plastics
Operating
Limited
Partnership
Into
an
Unnamed
Tributary
of
Long
Point Slough
The
effluent
standards
for
total
dissolved
solids
and
chloride
discharged
from
the
Illiopolis,
Illinois
facility
of
Borden
Chemicals
and
Plastics
Operating
Limited
Partnership
into an
unnamed tributary
of
Long
Point
Slough
shall
comply
with
the
following
effluent
limitations
as measured
at
the point
of discharge
to the unnamed tributary:
Total Dissolved
2,500 mg/l daily maximum
Solids
2,200 mg/l monthly average
Chloride
800 mg/l
daily maximum
700 mg/l
monthly average
The Board notes
that the newly proposed language
in Section
304.221
is substantially different
than that proposed at First
Notice,
in that monthly average limitations are now proposed
in
response to
the Agency’s comments of April
12,
1990.
The Board
agrees that some level of monthly average limitations are
ordinarily appropriate
in conjunction with daily maximum
limitations
to regulate the total effluents received into waters
of the State.
Similar limitations may be found
in the Board’s
decision
in P.87—36, Site—Specific Limitation
for
the Modine
Manufacturing Company Facility, Ringwood,
Illinois,
Opinion and
Order, May 24,
1990.
In that rulemaking,
BOD5 daily maximum
limitations were set at
1.17
to 1.4 times the monthly average
limitations and TSS daily maximum limitations were set at
2.5
times
the monthly average limitations.
In the case of Borden’s discharges,
the Agency and Borden
agreed
to daily maximum limitations
for total dissolved solids
and chloride concentrations of 2,500 mg/i
and 800 mg/i.
As
suggested by the Agency and now proposed by the Board,
the
monthly averages would be set
at 2,200 mg/l and 700
mg,/l
respectively.
This
represents maximum concentrations which are
1.14 times greater
than the monthly averages for total
dissolved
solids and chloride.
These limitations appear
to the Board to be
very close
to the daily maximum limitations which Borden must
never exceed.
Under
these circumstances,
the Board
finds
that
the monthly averages suggested by
the Agency appear
reasonable
and the Board requests
that Borden
respond
in comments
to Second
First Notice
if Borden has reason
to believe
that the monthly
averages should be
set closer
to the maximum levels already
agreed upon.
ii
~—454
—
On April
18,
1990,
Borden filed comments
in opposition
to
effluent
limitations.
The Board notes
that Borden’s comments
misperceive the nature of
the proposed action.
Borden discharges
into a stream with a low flow of
zero (7Q10
=
0).
(Agency
Comments,
April.
12,
1990,
p.
2.)
Therefore,
to assure that
Borden’s effluent does
not cause a violation of water quality
standards,
the Agency must place
those
water quality standards
in
the NPDES permit as effluent limitations.
Today’s action adopts
the exact
same effluent limitation numbers that Borden requested
as water quality standards.
Therefore,
today’s action by the
Board places
the exact same burden on Borden as was requested
in
their original proposal.
ORDER
The Board hereby proposes
for Second First Notice the
following amendments
to
35
Ill. Adm.
Code 303 and 304 and directs
the Clerk
to file these with
the Secretary of State.
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
C:
WATER POLLUTION
CHAPTER
I:
POLLUTION CONTROL BOARD
PART 303
WATER USE DESIGNATIONS AND SITE SPECIFIC
WATER QUALIT’Z STANDARDS
SUBPART A:
GENERAL PROVISIONS
Section
303.100
Scope and Applicability
303.101
Multiple Designations
303.102
Rulemaking Required
SUBPART
B:
NONSPECIFIC WATER USE DESIGNATIONS
Section
303.200
Scope and Applicability
303.201
General Use Waters
303.202
Public and Food Processing Water Supplies
303.203
Underground Waters
303.204
Secondary Contact
and Indigenous Aquatic Life
Waters
SUBPART C:
SPECIFIC USE DESIGNATIONS AND SITE SPECIFIC
?~ATERQUALITY STANDARDS
Section
303.300
Scope and Applicability
303.301
Organization
303.311
Ohio River Temperature
111—4.55
—6—
303.312
303.321
303.322
303.323
303.331
303.341
303.351
303.352
303.353
303.361
303.430
303.431
303.441
303.442
303.443
Waters Receiving Fluorspar Mine Drainage
Wabash River Temperature
Unnamed Tributary of
the Vermilion
River
Sugar Creek and Its Unnamed Tributary
Mississippi River North Temperature
Mississippi River North Central Temperature
Mississippi River South Central Temperature
Unnamed Tributary of Wood River Creek
Shoenberger
Creek; Unnamed Tributary of Cahokia
Canal
Mississippi River South Temperature
Unnamed Tributary
to Dutch Creek
Long Point Slough and Its Unnamed Tributary
Secondary Contact Waters
Waters Not Designated for Public Water Supply
Lake Michigan
SUBPART
D:
THERMAL
DISCHARGES
Section
303.500
303.502
Appendix
Appendix
Scope and Applicability
Lake Sangchris Thermal Discharges
A
References
to Previous Rules
B
Sources
of Codified Sections
AUTHORITY:
Implementing Section 13 and authorized
by Section
27
of the Environmental Protection Act
(Ill.
Rev.
Stat.
1987,
ch.
lii 1/2,
pars.
1013 and 1027).
SOURCE:
Filed with the Secretary of State January
1,
1978;
amended at
2 Ill.
Reg.
27,
p.
221,
effective July
5,
1978;
amended
at
3
Ill.
Reg.
20,
p.
95, effective May
17,
1979;
amended at
5
Ill.
Reg.
11592, effective October
19,
1981;
codified at
6
Ill.
Reg.
7818;
amended at
6
Ill.
Reg.
11161,
effective September
7,
1982; amended at
7
Ill.
Reg.
8111,
effective June
23,
1983;
amended
in R87—27
at
12
Ill.
Reg.
9917,
effective May 27,
1988;
amended in R87—2
at
13
Ill.
Reg.
15649,
effective September
22,
1989;
as amended
in R87—36
at
—
Ill.
Reg.
___________
,
effective
_____________________;
as amended in
R86—l4 at
____
Ill. Reg.
_____________
,
effective
____________
Section 303.431
Long Point Slough and Its Unnamed Tributary
The general use water quality standards
for
total dissolved
solids and
for chloride contained
in Section 302.208 shall
not
apply
to Long Point Slough and its unnamed
tributary, which
receive discharges
from the
Illiopolis,
Illinois facility of
Borden Chemicals and Plastics Operating Limited Partnership,
from
the outfall
of that facility to the point of
the confluence of
111—4.56
—7—
the unnamed tributary downstream with
the Sangamon River.
Instead this water shall
comply with a total dissolved solids
standard of 2,500 mg/i and a chloride standard of 800 mg/i.
Section
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
C:
WATER POLLUTION
CHAPTER
I:
POLLUTION CONTROL BOARD
PART 304
EFFLUENT STANDARDS
SUBPART
A:
GENERAL EFFLUENT STANDARDS
304.101
304.102
304.103
304.104
304.105
304.106
304.120
304.121
304.122
304.123
304.124
304.125
304.126
304.140
304.141
304.142
Preamble
Dilution
Background Concentrations
Averaging
Violation
of Water Quality Standards
Offensive Discharges
Deoxygenating Wastes
Bacteria
Nitrogen
(STORET number 00610)
Phosphorus
(STORET number 00665)
Additional Contaminants
pH
Mercury
Delays
in
Upgrading
(Repealed)
NPDES Effluent Standards
New Source Performance Standards
(Repealed)
SUBPART
B:
SITE SPECIFIC RULES AND EXCEPTIONS
NOT OF GENERAL APPLICABILITY
Wastewater Treatment Plant Discharges
of the
Metropolitan Sanitary District of Greater
Chicago
Chlor—aikali Mercury Discharges
in St. Clair County
Copper Discharges
by Olin Corporation
Schoenberger
Creek: Groundwater Discharges
John Deere Foundry Discharges
Alton Water Company Treatment Plant Discharges
Galesburg Sanitary District Deoxygenating Wastes
Discharges
City of Lockport Treatment Plant
Discharges
Good River Station Total Suspended Solids Discharges
Alton Wastewater Treatment Plant Discharges
Discharges From Borden Chemicals and Plastics
Operating Limited Partnership
Into An Unnamed
Tributary of Long Point Slough
Sanitary District
of Decatur Discharges
Union Oil Refinery Ammonia Discharge
Mobil Oil Refinery Ammonia Discharge
Section
304.201
304.202
304.203
304.204
304.205
304.206
304.207
304.208
304.209
304.210
304.211
304. 212
304.213
304. 214
1 11—457
—8—
304.215
City of Tuscola Wastewater
Treatment Facility
Discharges
304.216
Newton Station Suspended Solids Discharges
304.219
North Shore Sanitary District Phosphorus Discharges
304.220
East
St. Louis Treatment Facility,
Illinois—American
Water Company
304.221
Ringwood Drive Manufacturing Facility in McHenry
County
SUBPART C:
TEMPORARY EFFLUENT STANDARDS
Section
304.301
Exception
for Ammonia Nitrogen Water Quality
Violations
304.302
City
of Joliet East Side Wastewater
Treatment Plant
APPEND:X A
References
to Previous Rules
AUTHORITY:
Implementing Section
13 and authorized
by Section
27
of
the Environmental Protection Act
(Ill. Rev.
Stat.
1987,
oh.
lii
1/2
pars.
1013
and
1027).
SOURCE:
Filed with the Secretary of State January
1,
1978;
amended
at
2
Ill. Reg.
30,
p.
343,
effective July 27,
1978;
amended
at
2
Lii. Reg.
44,
p.
151,
effective November
2,
1978;
amended
at
3
Iii.
Reg.
20,
p.
95, effective May
17,
1979;
amended
at
3
Ill. Reg.
25,
p.
190,
effective June
21,
1979; amended at
4
Ill. Req.
20,
p.
53,
effective May
7,
1980;
amended at
6
Iii.
Reg.
563,
effective December
24,
1981; codified at
6
Ill.
Req.
7818; amended
at
6
Ill. Req.
11161, effective September
7,
1982;
amended at
6
Ill.
Reg.
13750, effective October
26,
1982;
amended
at
7 Ill.
Reg.
3020,
effective March
4,
1983; amended
at
7
Ill.
Req.
8111,
effective June
23,
1983; amended
at
7
Iii.
Reg.
14515,
effective October
14,
1983;
amended at
7
Ill.
Reg.
14910,
effective November
14,
1983; amended at
8
Ill.
Req.
1600,
effective January
18,
1984;
amended at
8
Iii.
Reg.
3687,
effective March
14,
1984;
amended
at
8
Ill.
Reg.
8237,
effective
June
8,
1984;
amended at
9
Ill. Reg.
1379,
effective January
21,
1985;
amended at
9
III.
Reg.
4510,
effective March
22,
1985;
peremptory amendment
at
10
111.
Reg.
456,
effective
December
23,
1985; ~amended
at
11
Ill.
Reg.
3117,
effective January
28,
1987;
amended
in R84—13
at
11
Ill.
Req.
7291,
effective Apr:1
3,
1987;
amended
in P.86—17(A)
at
11
Ill.
Req.
14748,
effective
August
24,
1987;
amended
in
P.84—16
at
12
Ill.
Req.
2445,
effective
January
15,
1988;
amended
in R83—23
at
12
Ill.
Rea.
8658,
effective May
10,
1988;
amended
in P.87—27
at
12
Ill.
Rec.
9905,
effective May
27,
1988;
amended
in
P.82—7
at
12
Ill. Rea.
10712,
effective June
9,
1988;
amended
in R85—29
at
12
Ill.
Req.
12064,
effective July
12,
1988; amended
in P.87—22
at
12
Ill. Rea.
13966, effective
August
23,
1988;
amended
in
P.86—3 at
12
Ill.
Req.
20126,
effective November
16,
:988;
amended
in
P.84—20 at
13
Ill.
Req.
851, effective January
9,
1989;
amended
in R85—ll
at
13
Ill.
Req.
2060, effective February
6,
1989, amended
in R88—l
at
13
Ill.
111—458
—9—
Reg.
5976,
effective
April
18,
1989;
amended
in R86—l7B at
13
Ill.
Reg.
7754, effective May
4,
1989; amended
in R88—22 at
13
Ill.
Reg.
8880,
effective
May
26,
1989;
amended
in R87—6 at
14
Ill.
Req.
6777,
effective April
24,
1990;
as amended
in R87—36
at
Ill.
Reg.
___________
,
effective
______________________
;
as
amended
in
R86—i4
at
____
Ill.
Req.
____________
effective
Section
304.211
Discharges
From
Borden
Chemicals
and
Plastics
Operating Limited Partnership Into an Unnamed
Tributary of Long Point
Slough
The effluent
standards
for
total dissolved solids and chloride
discharged
from the Illiopolis,
Illinois facility of Borden
Chemicals and Plastics Operating Limited Partnership
into an
unnamed tributary of Long Point Slough shall comply with the
following effluent limitations as measured at the point of
discharge. to the unnamed
tributary:
Total Dissolved
Solids
Chi or ide
IT IS SO ORDERED.
2,500 mg/i daily maximum
2,200 mg/i monthly average
800
mg/i
daily
maximum
700
mg/i
monthly
average
I, Dorothy
M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above Proposed Rule,
Second First
Notice Opinion and Order was adopted on the
~
day
of
__________________,
1990,
by a vote of
7—~
.7/
___
j2~
.
Dorothy M.4unn,
Clerk
Illinois Póilution Control Board
111—459