ILLINOIS POLLUTION CONTROL BOARD
January 29, 1976
DE SOTO, iC.,
Petitioner,
v.
)
PCB 75—449
ENVIRONMENTAL PROTECTION AGENCY,
)
Respondent.
0 ION AND ORDER OF THE BOARD (by Mr. Zeitlin):
Petitioner De Soto, Inc. (DeSoto) seeks a Variance to permit
.::itinuing mercury discharges which exceed the limitations set in
~les 702 of Chapter 3: Water Pollution, of the Pollution Control
~ard (Board) Rules and Regulations. PCB Regs., Ch. 3, Rule 702.
:ule 702 sets a sewer discharge criteria for mercury of 0.0005 mg/i;
DeSoto estimates that its mercury discharges to Bloom Township
Sanitary District sewers during the period from October, 1975 until
October, 1976 will range from an initial level of 12 parts per billion
(ppb) to a final level of less than 1 ppb.
DeSoto’s Petition for Variance was filed on November 21, 1975.
A Recommendation was received from the Environmental Protection Agency
(~gency) on January
2,
1976. No hearing was held in this matter.
DeSoto operates a paint manufacturing plant in Chicago Heights,
::linois. Prior to 1973, DeSoto used phenyl mercurial preservatives
in its latex paint to prevent the growth of bacteria and to prevent
product spoilage.. After conducting a research and development program
aimed at substituting non—mercurial compounds as a preservative, DeSoto
was able to eliminate the use of mercury preservatives in its paints
after January 1, 1973. In early 1975, however, DeSoto received reports
of latex paint cans bulging in retail stores. Tests at that time
confirmed the presence of bacteria known to generate gaseous byproducts.
Various attempts to eliminate that bacteria failed. As a result, DeSoto
resumed the use of phenyl mercurial preservatives and reported that
fact to the Agency on May 9, 1975.
On July 18, 1975, in a previous case, DeSoto filed a Petition for
Variance from Rule 702 regarding the use of those preservatives. On
October 9, 1975, the Board issued a final Opinion and Order in that
case, denying the Variance for lack of a compliance plan. DeSoto, Inc. v.
Environmental Protection Agency, PCB 75-277 (October 9, 1975).
19
—
781
—2—
Previous to the Board’s decision in PCB 75-277, however, on
September 2, 1975, DeSoto discontinued the use of phenyl mercurial
preservatives in its latex paint and began using a new formulation of
Dowcil and formaldehyde as a preservative. As a result of
its
1975
use of phenyl mercuric preservatives, Petitioner now has one-quarter
pound of mercury in its wastewater treatment facilities at the Chicago
Heights plant. This mercury residue in a three-stage biological
lagoon system, containing approximately 2 million gallons of wastewater,
results in a concentration in the system of approximately 12 ppb mercury
compounds.
The compliance plan in the instant case amounts to a reduction of
effluent mercury concentration from the lagoon system by dilution of
those mercury-containing wastewaters with other plant waste streams.
Even with that dilution, DeSoto states that it will be unable to meet
the Board’s regulation of 0.0005 mg/i in its sewer discharges. DeSoto
instead will be able to maintain the mercury concentrations in its
final effluent at a level below 5 ppb at all times. During the variance
period, as dilution continues, DeSoto estimates that the following
mercury concentrations will exist in its lagoon system~
October, 1975
12 ppb
January, 1976
9 ppb
April, 1976
5 ppb
July, 1976
2 ppb
October, 1976
1 ppb
DeSoto’s discharges into the Bloom Township Sanitary District
sewers represent less than 1 of the effluent received by that
sanitary district. Bloom Township Sanitary District discharges an
average flow of 9.11 million gallons per day to Thorn Creek; DeSoto
alleges that its mercury discharges will have a minimal, and virtually
undetectable effect on the receiving stream.
The Agency agrees with DeSoto’s analysis of the impact its
mercury discharges will have on the Bloom Township Sanitary District
effluent. Agency investigations have shown no detectable concentrations
of mercury in the Sanitary District’s effluent. Based on that fact,
and the Agency’s further agreement with DeSoto that there is no known
technically feasible method for removing mercury at such low levels
from DeSoto’s effluent, the Agency recommends that the Variance be
granted. The Agency recommends, however, that as the concentration
of mercury in DeSoto’s lagoon system decreases, the concentrations of
mercury in DeSoto’s effluent should also be decreased proportionately.
We agree. Based on the table above, there is no reason why DeSoto
should be allowed to discharge 0.005 mg/i throughout the Variance
period. As the concentration in the lagoon system decreases, it should
be possible for DeSoto to meet the following discharge levels:
19
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782
—3—
October, 1975
—
January 31, 1976
February 1, 1976
—
April 30, 1976
May 1, 1976
—
July 31, 1976
August 1, 1976
—
October 15, 1976
October 16, 1976
0.005 mg/i
0.004 mg/l
0.003 mg/i
0.001 mg/i
0.0005 mg/i
As additional conditions to this Variance, we will require that
DeSoto sample its final effluent at least once per week, and report
on those analyses to the Agency on a monthly basis. The Variance
will also be conditioned on a continuation of the research and study
program outlined in DeSoto’s Petition. DeSoto states that it has
already spent $350,000 on the research and study of non-mercurial
biocides, and intends to spend an additional $50,000 on such studies
during the next year. To assure ourselves that this situation will
not be repeated, we shall require that DeSoto continue with this program.
ORDER
IT IS THE ORDER OF THE POLLUTION CONTROL BOARD that:
1. Petitioner DeSoto, Inc. is granted a Variance from
Rule 702, Chapter 3: Water Pollution, for the period of
November 21, 1975, until October 16, 1976, subject to the following
conditions:
a. DeSoto’s total discharge of mercury
during the Variance period shall not exceed
one-quarter pound.
b. The average concentrations of mercury in
DeSoto’s final effluent shall not exceed the
following levels:
October, 1975
-
January 31, 1976
February 1, 1976
—
April 30, 1976
May 1, 1976
—
July 31, 1976
August
~.,
1976
—
October 15, 1976
October 16, 1976
0.005 mg/i
0.004 mg/i
0.003 mg/i
0.001 mg/i
0.0005 mg/i
19
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783
—4—
c. DeSoto shall sample its final effluent
at least once per week, and shall report on the
results ofsuch sampling to the Environmental
Protection Agency and to the Bloom Township
Sanitary District on a monthly basis.
d.
DeSoto shall continue its research and
development program to assure the efficacy of
non—mercurial preservatives.
2. Within thirty (30) days of the date of this Order DeSoto
shall execute and forward to the Manager, Variance Section, Division
of Water Pollution Control, Illinois Environmental Protection Agency,
2200 Churchill Road, Springfield, Illinois 62706, a certificate of
acceptance in the following form:
I, (We),
__________________________
having read
the Order of the Illinois Pollution Control Board
in case No. PCB 75-449, understand and accept said
Order, realizing that such acceptance renders all
terms and conditions thereto binding and enforceable.
SIGNED
TITLE
DATE
1, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, here~ certify the above Opinion and Order were
adopted on the
c~l
day of
_________,
1976 by a vote of
~‘...O
C stan L. Mo~fet erk
Illinois Pollution trol Board
19
— 784