ILLINOIS POLLUTION CONTROL BOARI)
    January
    17,
    1974
    )
    NSTEEL, INC.
    v.
    )
    PCB 73-423
    ENVIRONMENTAL PROTECTiON AGENCY
    )
    )
    MR. LAWRENCE M. MAGES,
    GREENBERG,
    KEELEY, LUNI) AND ARONBERG,
    appeared
    on behalf of Fansteel
    MR. JOHN T. RN~OM, f’~TTORNEY, ENPORCEM~NT SE~WICES ST~iO~,
    DIVISION OF
    WATER
    POLLUTION CONTROL, appeared on behalf of
    the Environmental Protection Agency.
    OPINION AND ORDER OF TIlL BOARD (by
    Mr. Durnelle)
    Fansteel, Inc. (“Pansteel)
    filed a Petition for Extension
    of Variance granted by the Board in its October 31, 1972 Order,
    Environmental Protection i~gencyv. Fansteel, Inc., and the
    City of North Chicago, PCB 72-76 (6-79) on October 3, 1973.
    On October 26, 1973, Fansteel filed
    another Motion to ~end the
    Board’s previous Order in PCB 72-76.
    On November 2, 1973, the
    Agency filed a Response to the Motion to Aniend the Order.
    The
    Board denied the Motion to Amend its previous Order in PCB 72-76
    and construed the Motion by Fansteel as a Petition for Variance
    on November 29, 1973. The Board ordered that the variance be
    con-
    sidered
    without a Flearing.
    The Agency filed its Recommendation
    to grant the variance on December 19, 1973.
    Fansteel seeks a variance from an Order issued by the Board
    in the prior enforcement case (PCB 72-76,
    October 31, 1972)
    which accepted a Stipu’ation which contained a program to br:ing
    Fansteel’s facilities
    into com:pliancc ~tith applLcahle water
    pollution rules and regulations.
    Fansteel operates two facilities
    - -
    the North Plant and the South Plant--with completely separate
    liquid efFluent discharges into the No:rth Shore Sanitary District.
    The prior Order sin the enforcement case required Fansteel to
    install equipment in the South Plant within 22 weeks of the date
    of the
    Board’s Order which would allow discharge into the North
    Shore Sanitary District
    (Distr:ict).
    The Agency states that
    Fansteel has completed the program in its South Plant and is
    currently d:i.s charging effluents in accordance with the Board’s
    —
    673
    -2-
    Order and applicable rules and regulations.
    The Board has previously required that Fansteel for its
    North Plant
    install equipment and discharge to the
    District
    within 26 weeks after obtaining the necessary installation
    permits From the Illinois Environmental Protection Agency but
    in no event later than October 31, 1973. It is for the North
    Plant that Pansteel is seeking a variance from the Board’s Order.
    Fansteel, at the time of the Board’s Order of October 31, 1972,
    was working closely with Monsanto Enviro-Chem Systems, Inc. (Mon-
    santo) to determine proper treatment procedures. Early in 1973,
    Monsanto informed Fansteel that it was withdrawing from the pollution
    control field. This necessitated Fansteel hiring a new con-
    sultant, Bataille Associates (Bataille). Ilataille rejected
    1/lonsanto’s preliminary proposals and undertook an extensive review
    of Pansteel’s individual processes and their waste flows. As a
    result of Bataille’s recommendations stemming :From this review,
    Fansteel proceeded to control waste from 4 definable areas and
    has applied to the Environmental Protection Agency for the necessary
    installation permits. However, a major piece of control equipment
    which has been ordered is not readily available. This equipment
    delay will result in Fansteel seeking a variance until May 1, 1974
    before it can completely treat cyanide waste which occur from its
    cleaning room activities. The equipment, a cyclone, will be delivered
    and installed by April 4, 1974. iVaste from reduction furnaces,
    ammonia water,are dependent upon the installation of the above
    centrifuge. Waste from the cutoff solid removal area are scheduled
    to be fully treated by January 1, 1974. The wire drawing facility
    which produces cyanide waste, should be in compliance by January 14,
    1974 when Fansteel will have an operation and evaporating process
    which will allow for the collection and dispo~alof cyanide by
    a licensed cyanide scavenger.
    The Agency has stated that Fansteel’s delay in compliance was
    caused by events beyond its control and recommends that the variance
    be granted because Fansteel is
    in
    substantial compliance with
    Board’s previous Order in PCB 72-76. The Board finds that
    Fansteel is in substantial compliance with the Board’s previous
    Order in PCB 72-76 (6-79).
    The above Opinion constitutes the Board’s findings of facts
    and conclusions of law.
    ORDER
    The Illinois Pollution Control Board hereby grants Fansteel,
    Inc. a variance from Order 2 of the Board’s previous Order in
    10—674
    -3-
    Environmental Protection Agency v. Fansteel, Inc. and City of
    North Chicago, PCB 72-76 (6-79) until May 1, 1974.
    The control equipment required shall be installed and
    operatlve by
    May
    1, 1974.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the
    above Opinion and
    Order were adopted on the
    ~
    day of January, 1974 by a vote of
    ~—(~
    Christan
    1~
    L. Moffett1, Clerk
    Illinois Pollution Control Board
    10 — 675

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