ILLINOIS POLLUTION CONTROL BOARD
    August 30,
    1990
    IN THE
    MATTER
    OF:
    THE PETITION OF BORDEN CHEMICALS
    AND PLASTICS OPERATING LIMITED
    )
    PARTNERSHIP
    (FORMERLY BORDEN
    CHEMICAL COMPANY) FOR A SITE-
    )
    R86—14
    SPECIFIC RULE CHANGE REGARDING
    )
    (Rulemaking)
    WASTEWATER DISCHARGES INTO AN
    UNNAMED TRIBUTARY OF LONG
    POINT SLOUGH
    PROPOSED RULE
    SECOND NOTICE
    OPINION AND ORDER OF THE
    BOARD
    (by B.
    Forcade):
    This matter
    comes before the Board on a petition filed March
    31,
    1986 by Borden Chemicals Company, now before the Board as
    Borden Chemicals and Plastics Operating Limited Partnership
    (“Borden”).
    (See Order of August
    4,
    1988.)
    Borden seeks site—
    specific
    relief from the Board’s effluent limitations for total
    dissolved solids (“TDS”) and for chloride and from the require-
    ment
    that no effluent shall
    cause a violation of applicable waLer
    quality standards.
    35
    Ill. Mm.
    Code 302.208 and 304.105.
    Borden’s discharges originate at its Illiopolis, Illinois plant
    and are primarily attributable to wastewater from the air
    pollution control equipment which Borden began operating
    in 1978.
    On June
    7,
    1990,
    the Board adopted for second First Notice,
    its Proposed Rule, Opinion and Order
    in this site—specific
    rulemaking.
    Notice was published
    in the Illinois Register as
    Part 303.431
    at
    14
    Ill. Reg.
    9784,
    effective June
    22,
    1990 and
    Part 304.211 at
    14
    Ill. Rea.
    9700,
    effective also June
    22,
    1990.
    The 45—day comment period ended on August
    6,
    1990.
    The
    Board has received comments
    from both the Illinois Environmental
    Protection Agency (“Agency”)
    and Borden.
    It
    is on this basis
    that the Board now proceeds
    to Second 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 hearing on the
    EcIS was held on January
    10,
    1989.
    On February
    22,
    1989,
    the Agency filed
    its comments
    and Bcrden 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
    11
    !~
    ~
    1
    Q

    —2--
    Order.
    On April
    18,
    1990, Borden filed its Response to the
    Agency Comments
    to First Notice.
    As a result
    of First Notice
    Comments,
    the Board deemed
    it appropriate
    to issue
    a second First
    Notice Opinion and Order on June
    7,
    1990,
    to which
    the Agency and
    Borden responded on August
    6,
    1990.
    On August
    8,
    1990,
    comments
    were also received from the Administrative Code Unit
    of
    the
    Office of
    the Secretary of State suggesting minor language
    changes.
    Discussion
    Three principal issues were raised in the second First
    Notice comments:
    (1)
    the particular section(s)
    of the Board’s
    regulations which should be amended
    to provide site—specific
    relief;
    (2) the specific numeric limitations for chloride and
    total dissolved solids
    (“TDS”); and
    (3)
    the use of average
    monthly limitations
    for these discharges.
    The Board will address
    each of these issues separately.
    1.
    Form of Regulatory Relief
    In the second First Notice Opinion, and Order dated May 24,
    1990,
    the Board proposed amendments
    to the water quality
    provisions
    of
    35
    Ill.
    Adm. Code
    303 and to the effluent standards
    of
    35
    Ill. Adm. Code
    304.
    This represented a change from the
    Board’s
    First Notice Opinion and Order of February
    8,
    1990, which
    provided regulatory relief by amending only Part
    304 Effluent
    Standards.
    The second First Notice proposal specifically
    incorporated
    the Agency’s suggestions
    in First Notice Comments
    filed April
    12,
    1990 that:
    (1)
    relief should be structured.in
    the form of amendments
    to both Part
    303 and Part
    304;
    and
    (2)
    monthly average effluent limitations should be established
    in
    addition to the specified maximum daily concentrations.
    (See
    R86—l4,
    second First Notice Opinion and Order, pp.
    2—4, May
    24,
    1990.)
    The second First Notice proposal provided new Section
    303.431 and 304.211 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 Sangamon River.
    Instead
    this water
    shall comply with
    a total dissolved
    solids standard of
    2,500 mg/l and a chloride standard of
    800 mg/l.
    Ii4-~21i

    —3—
    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/i daily maximum
    Solids
    2,200 mg/i monthly average
    Chloride
    800
    mg/i
    daily maximum
    700 mg/i
    monthly average
    In comments
    filed on August
    6,
    1990,
    the Agency suggested
    that,
    in lieu of new Sections 303.431 and 304.211 above,
    amendment of Part 303 alone “adequately addresses the changes
    in
    both water quality and effluent standards applicable
    to Borden’s
    Illiopolis facility.”
    Agency Recommendation,
    p.
    3.
    The Agency
    recommended structuring the requested relief with the following
    regulatory language:
    Section 303.431
    Long Point Slough and
    Its
    Unnamed Tributary
    a.
    This
    second
    applies
    only
    to
    Long
    Point
    Slough and
    its unnamed tributary from the
    point
    of
    Borden
    Chemicals
    and
    Plastics
    Operating
    Limited
    Partnership’s
    Illiopolis
    Plant’s
    discharge
    to
    the
    confluence
    of
    Long
    Point
    Slough
    and Old
    River.
    b.
    The General
    Use
    water
    quality
    standards
    for
    total
    dissolved
    solids
    and
    for
    chloride
    contained
    in
    Section
    302.208
    shall
    not apoly
    to
    Long
    Point
    Slough and
    its
    unnamed
    tributary
    as described above
    in
    subsection
    (a)
    .
    Instead,
    this water
    shall
    c~p1y
    with
    a
    total
    dissolved
    solids
    standard
    of
    3000
    mg/i
    and
    a
    chloride standard of 900 mg/l.

    —4—
    c.
    Section 304.105
    shall
    not
    apply
    to
    total
    dissolved
    solids
    and
    chloride
    discharge
    by
    Borden
    Chemicals and Plastics Operat-
    ing
    Limited
    Partnership
    as
    described
    in
    subsection
    (a),
    so
    long
    as
    effluent
    discharged
    from
    the
    facility
    complies
    with
    the
    following
    effluent
    limitations
    as measured at
    the point
    of discharge
    to
    the unnamed tributary:
    Daily Maximum
    Total Dissolved Solids
    3000 mg/l
    Chloride
    900 mg/i
    As can be seen,
    the proposed Section 303.431(c)* would impact
    the
    regulatory provision found
    in Section 304.105 that effluent
    discharges shall
    not cause
    a violation of
    an applicable water
    quality standard.
    The Agency’s proposed subparagraph
    (C)
    would
    provide relief for Borden from this requirement governing
    effluent discharges as an amendment to Part 303, Water Use
    Designations and Site—Specific Water Quality Standards.
    This
    relief from effluent limitations may also be placed, within Part
    304, Effluent Standards.
    The regulatory structure proposed by the Agency has been
    used in the past in the case of Marathon Petroleum Company,
    R87—2
    Opinion and Order,
    Sept.
    13,
    1989.
    However,
    the Board
    is
    persuaded that the format used in the second First Notice
    proposal
    is more appropriate here, and
    it
    is consistent with the
    relief
    fashioned in the Board’s recent rulemaking, Site—Specific
    Limitation
    for the Modine Manufacturing Company Facility,
    Ringwood,
    Illinois, R87—36, Opinion and Order, May
    24,
    1990.
    The
    Board also notes
    that to restructure the relief
    at this late date
    might require
    a
    third First Notice and consequent
    delays for
    procedural objectives only.
    As stated in the Board’s May 24,
    1990 Opinion and Order
    (p.
    3)
    in this matter,
    the Agency has also
    indicated that USEPA might also find acceptable
    the regulatory
    structure proposed at second First Notice,
    and,
    therefore,
    further language revisions would appear unnecessary at this
    time.
    2.
    Numeric Limitations
    on
    Effluent Discharges
    The separate comments received from both the Agency and
    Borden both support
    a modest
    increase in the numeric limitations
    for TDS and chloride concentrations.
    Rather than
    the initially
    *
    The Agency’s August
    6,
    1990 filing referred to Section 303.341
    which
    the Board concludes was
    a typographical error.
    I 1~-~)22

    —5—
    proposed daily maximums of 2,500 mg/l and 800 mg/i for TDS and
    chloride,
    respectively,
    ~he participants strongly recommend that
    the limitations be set
    at
    3,000 mg/i for TDS and 900 mg/l for
    chloride.
    The Board has previously found that absence of
    significant environmental harm and the extreme costs of
    compliance support the permanent relief requested.
    Furthermore,
    Borden has provided historical data showing that the initially
    proposed numeric limitations would be exceeded periodically
    resulting in violations of the newly established standards.
    The
    Board
    thus
    finds that the numeric limitations
    should be increased
    as
    requested by the participants.
    3.
    Monthly Average Limitations
    At second First Notice,
    the Board proposed a substantial
    change from the First Notice proposal
    in direct
    response to the
    Agency’s comments filed on April
    12,
    1990.
    The Board
    imposed’
    monthly average effluent limitations
    as requested by the
    Agency.
    Now, after
    further consideration and discussion with
    Borden,
    the Agency has concluded that monthly average limitations
    are not necessary
    to protect the receiving stream.
    Borden also
    opposes the imposition of this requirement.
    The Board observed at second First Notice 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.”
    Opinion and Order,
    May 24,
    1990
    (p.
    4).
    While this remains
    true,
    the participants
    are
    in agreement that the lack of environmental harm supports
    a
    finding
    that monthly average limitations are not required here.
    Since
    the Agency asserts that the daily maximum discharge “does
    not impair
    the water quality
    of
    the receiving stream,” the Board
    will concur with the Agency’s revised position.
    (See Agency
    Comments,
    August
    6,
    1990,
    p.
    2.)
    Conclusion
    As
    a result
    of second First Notice Comments and for the
    foregoing reasons,
    the Board finds
    that
    the Agency and Borden
    have provided sufficient
    support
    for increasing
    the numeric
    limitations
    for
    TDS and chloride discharges and
    for deleting the
    monthly average
    limitations.
    The Board therefore proposes for
    second notice the following amendments
    to Parts
    303 and
    304:
    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
    114- ~23

    —6—
    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 Sangamon River.
    Instead this water shall comply with a total dissolved
    solids standard of
    3,000 mg/l and a chloride standard of
    900 mg/i.
    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
    3,000 mg/l daily maximum
    Sol&ds
    Chloride
    900 mg/i
    daily maximum
    ORDER
    The Board hereby proposes for Second Notice the following
    amendments
    to
    35
    Ill. Adm. Code
    303 and 304 and directs the Clerk
    to file these with the Secretary of State.
    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 Sangamon River.
    Instead this water shall comply with a total dissolved solids
    standard of 3,000 mg/i and
    a chloride standard
    of 900 mg/l.
    Section 304.211
    Discharges From Borden Chemicals and Plastics
    Operating Limited Partnership Into an Unnamed
    Tributary of Long Point Slough
    I
    l’/,—~~24

    —7—
    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
    3,000 mg/i daily maximum
    Solids
    Chloride
    900 mg/i
    daily maximum
    IT
    IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Pro~posedRule,
    Second Notice
    Opinion
    and
    Order was adopted on the
    —~~~day
    of
    ,
    ,
    1990,
    by a vote of
    _________.
    i~.
    ,‘~-~-
    Dorothy
    M. ,~ünn,Clerk
    Illinois PS-llution Control Board
    I i~--~)25

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