ILLINOIS POLLUTION CONTROL BOARD

October 24, 1974

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CATERPILLAR TRACTOR COMPANY

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(Joliet Plant)

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v.

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PCB 74-233

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ENVIRONMENTAL PROTECTION AGENCY

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OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):

Petition for variance from the Water Pollution Regulations

(Chapter 3) was filed on June 19, 1974. Variance was requested

from Rules 203, 205, 401, 402, 404(a), 404(b) (ii), 902, 903, and

1002. On June 27, 1974 the Board entered an order for additional

information asking the reasons for the delay in meeting the

biochemical oxygen demand standard (BOD5).

Caterpillar filed an amended petition on July 26. The Agency

filed its recommendation on August 29. No public hearing was held.

The Caterpillar plant, on Route 6 in Joliet, manufactures

earthmoving and construction machinery and equipment and employs

approximately 6,000 persons. Industrial wastewater amounting

to 770,000 gpd is generated by plant utilities, metal removal,

and cleaning and coating operations. The plant processes about

16,400 tons of raw materials (castings, forgings, unformed steel,

etc.) per month. Discharge is to the Des Plaines River.

Caterpillar alleges that the discharge was recently found to

contain levels of BUD5 from 30-100 mg/l compared to the Rule

404(a) standard of 30 mg/i. Using a 7-day, once-in-lU-year, low

flow of 1000 MGD the petitioner alleges a contribution of only

0.3~o additional BOD5 to the Des Plaines River over that normally

present.

The petitioner states that a consulting firm, Clark, Dietz

and Associates, was retained on April 25, 1974 and their final

report is due November 1, 1974. The amended petition also states

that Caterpillar’s regular sampling “until very recently indicated

compliance with existing standards”. An independent comparative

analysis was made and the higher strength discharges were then

discovered. No dates are given for these events.

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The Agency presents Caterpillar’s own Operation Reports giving

monthly averages of 24-hour composite samples:

MONTHOctober,AND

1973YEAR

BUD345mg/i

November, 1973

46 mg/i

December, 1973

27 mg/i

January, 1974

23 mg/.l

February, 1974

25 mg/i

March, 1974

30 mg/i

Aprii, i974

35 mg/i

May, 1974

June, 1974

116 mg/i

The Agency points out that the October and November, 1973 values

are above the 30 mg/i level set by Rule 404(a). It also points out

that Rule 404(b) tightens the BODç effiuent limit to 20 ing/l after

December 31, 1974 and that Caterpfliar should have filed a Project

Completion Schedule prior to December 31, 1972 to tell how this

tighter limit was to be met (Rule i002(b)(iii)). In fact, states

the Agency, the Project Compietion Schedule filed on February 5,

1973 was silent on BUD5 improvement.

The history of the Sanitary Water Board (a predecessor board

to the Pollution Controi Board) with this plant is given by the

Agency. A permit was issued March 14, 1967 limiting BUD5 to 40 mg/i

but the petitioner is quoted as indicating its treatment works

would meet 30 mg/i.

We

do not feei that variance is necessary from Rule 203 because

this rule deals with General Standards and the Des Plaines River

is a “Secondary Contact” classification in the reach of the dis-

charge. A variance from Rule 205 is unnecessary. Rule 401 is

not applicable since it is in the nature of general philosophy

and guidance. Rule 402 does not apply because no water quality

standards violati.ons are shown.

We are thus left withRules 404(a), 404(b)(ii), 902, 903 and

1002. We grant the variance with respect to these Rules. Counsel

for Caterpillar has pointed out that given the low apparent BUD

values, a “tuning-up” or process improvement could have been con-

templated by management without the necessity for new waste

treatment plant construction and for a Project Completion Schedule

which would mention BUD improvement.

Management perhaps saw the December, 1973

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April, 1974 BUD

values as indicative that operational changes were possible.

Later the true values of the BUD levels were discovered and are

much higher than thought.

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By this opinion we do not mean to excuse the failure of

Caterpillar’s laboratory to adequately measure BUD levels.

Caterpillar maintains responsibility for the actions of its

agent; in this case, the laboratory. Other dischargers are

well advised to periodically have independent checks run on

their analyses to make certain that correct values are being

determined.

Caterpillar has shown good faith by engaging a consultant

on April 25, 1974. A report is due November 1, 1974. However,

Caterpillar might have discovered the incorrect levels of BOD

much earlier had some laboratory quality control procedures

been in effect.

Rules 902 and 903 were replaced by Rules 952 and 953

effective October 11, 1974. Both of the Operating Permit

requirements have been suspended, from October 11, 1974 until

the earlier of January 31, 1975 or the date the Administrator

of the U.S. Environmental Protection Agency rejects the Illinois

NPDES Permit Program submittal, for dischargers who have to

obtain an NPDES permit.

This Opinion constitutes the Board’s findings of fact

and conclusions of law.

ORDER

1. Variance from Rules 203, 401 and 402 is dismissed.

2. Variance from Rules 205, 404(a), 404(b) (ii), 902, 903

and 1002 is granted from June 19, 1974 to January 1, 1975.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order we e

adopted on the

~

day of October, 1974 by a vote of

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Illinois Pollution Control Board