ILLINOIS POLLUTION CONTROL BOARD

March 25,

1993

)

IN THE MATTER OF:

)

QUANTUM CHEMICAL

CORPORATION

)

 AS 93-1

USI DIVISION

)

 (Adjusted Standard)

)

ORDER OF THE BOARD

 (by J.

 C. Marlin):

On February 11,

 1993, Quantum Chemical Corporation (Quantum)

filed a petition for adjusted standard from certain water quality

standards found at

 35 Ill. Adm. Code 304.120(c).

 Newspaper

notice was published on February

18,

 1993.

 On February 25,

 1993,

a request for hearing was filed by Donald Bekker of Morris,

Illinois.

 The request for hearing was granted by Board order on

March 11,

 1993.

The Board finds the petition does not provide enough

information to comply with the requirements of Section 28.1(c) of

the Environmental Protection Act

 (Act)

 or with 35 Ill.

Adm.

 Code

106.705 regarding the contents of a petition for adjusted

standard.

 (415 ILCS 5/28.1(c)

 (1992).)~

Section 28.1(c) (1)

 of the Act requires the petitioner for an

adjusted standard to provide adequate proof that the factors

relating to it are substantially and significantly different from

those relied on by the Board in adopting the regulation.

 Additionally, Section 28.1(c) (2)

 of the Act requires the

petitioner to provide adequate proof that the existence of

its

different factors justifies an adjusted standard.

Quantum asserts that federal effluent guidelines for the

Organic Chemical, Plastic and Synthetic Fiber

 (OCPSF)

 Industry

TSS limits, pursuant to 40 CFR 414.41, are more appropriately

applied to its Outfall 005.

 Quantum also asserts that 35 Ill.

Adm. Code 304.120, which establishes effluent limitations for

“deoxygenating wastes” and specifically 35 Ill. Adm. Code

304.120(c), which sets TSS limits for effluents discharging at a

dilution ratio of less than five to one, have been improperly

applied to the discharge of Outfall 005.

 35 Ill. Adm. Code

304.120 reads in part:

Section 304.120

 Deoxygenating Wastes

Except as provided in Section 306.103, all effluents

containing deoxygenating wastes shall meet the

1The Act was formerly codified at 1991,

 Ill.Rev.Stat.

ch.

Ill 1/2 par. 1001

~q.

01 L~.O-03l

following standards:

c)

 No effluent whose dilution ratio is less than five

to one shall exceed 10 mg/l of BOD5 or 12 mg/i of

suspended solids,

 except that sources employing

third—stage treatment lagoons shall be exempt from

this subsection

 (c) provided all of the following

 conditions are met:

A portion of Quantum’s justification for receiving an adjusted

standard appears to be based on the idea that the nature of the

TSS loading at Outfall 005

 is fundamentally different from the

types of loadings anticipated by the Board when 35 Ill. Adm. Code

304.120 was promulgated. The Board questions whether Quantum has

provided sufficient information for the Board to evaluate its

request.

An unsupported statement that polyolefins do not exert a

biological oxygen demand

 (Exh.

 F at 7)

 coupled with the statement

that the suspended solids from Outfall 005 contain an average of

80

 polymer (polyolefins)

 (Exh.

 F at 5) does not provide

sufficient information for a Board decision.

Section 28.1(c) (3) of the Act requires the petitioner to

give adequate proof that the adjusted standard,

 if granted, will

not result in substantially and significantly more adverse

environmental or health effects then the rule of general

applicability.

 35 Ill. Adm. Code 106.705(g)

 requires the

petitioner to demonstrate the level of environmental impact

predicted to result from the proposed adjusted standard.

Quantum has offered Exhibit F to fulfill the above

requirements.

 Exhibit F contains information on Outfall 005

effluent characteristics, Aux Sable Creek and Illinois River

stream characteristics; a literature review on the water quality

effects of suspended solids; and predictions of incremental

 increases in TSS in Aux Sable Creek and the Illinois River under

storm and low flow conditions if the adjusted standard is

granted.

 Exhibit F states that “since the polyolefins are

biochemically inert, they will not accumulate in aquatic life

tissue and thus offer no potential for toxicity through the

ingestion of aquatic life exposure route.

 In terms of water

contact recreation, the lack of toxicity of the polyolefins

assures that there is no potential for adverse human health

effects due to exposure to these TSS.”

 (Exh.

 F at 16.)

The Board notes that Quantum has provided no data to support

the assertion that polyolefins are nontoxic or that the suspended

2

~0-0320

solids, not just polyolefins,

 in Outfall 005 have not or will not

impact the aquatic life of Aux Sable Creek or the Illinois River.

The petition also does not contain information on the biological

nature of Aux Sable Creek and the Illinois River.

Based on the above, the Board requests that Quantum file an

amended petition on or before May 31,

 1993, with the following

information:

1.

 A description of the type of suspended solids loadings

anticipated by the Board in promulgation of 35 Ill. Adm.

Code 304.120 and specifically Section 304.120(c).

 (See,

Section 28.1(c) (1)

 of the Act).

2.

 Data indicating the 5-day biochemical oxygen demand

 (BOD5)

of Outfall 005 effluent during all types of flow,

 especially

during low flow and storm events.

3.

 Data indicating the BOD5 and dissolved oxygen content of Aux

Sable Creek and the Illinois River under varying flow

conditions, especially low flow and storm events.

4.

 A more detailed description,

 complete with specific data,

of

the composition of Outfall 005 TSS.

5.

 Scientific data regarding the toxicity, biological oxygen

demand, and biodegradation of polyolefins.

6.

 Scientific data regarding the toxicity of the effluent of

Outfall 005.

7.

 Scientific and historical data regarding the biological

nature of Aux Sable Creek and the Illinois River near the

confluence of AUX Sable Creek.

8.

 A discussion, with supporting data,

 to indicate whether the

following conditions

 (taken from Exh. F description of

potential water quality impacts of suspended solids in

streams; page 8) have been observed in Aux Sable Creek or in

portions of the Illinois River affected by Aux Sable Creek:

a.

 Increases in turbidity, resulting in decreased growth

of aquatic plant life;

b

 Blanketing of the bottom of the stream,

 limiting or

preventing the growth of benthic invertebrate

organisms;

c.

 Impacts on fish; either mortality or reduced growth

rate and disease resistance;

d.

 Prevention of successful development of fish eggs and

3

ORO-0321

larvae, due to blanketing of the stream bottom with

sediment;

e.

 Modification of the natural movement and migrations of

fish;

f.

 Reduction of the available food supply for fish

 (e.g.,

plankton); and

g.

 Reduced efficiency in catching fish.

9.

 A discussion, with supporting documents, of whether the

conditions in 8(a)

—

(g),

 above, might be expected if the

adjusted standard for TSS is granted.

Failure to file an amended petition on or before May 31,

 1993,

providing additional

 information, this matter may be subject to

dismissal.

IT IS SO ORDERED.

I, Dorothy M. Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby certify that the above order was adopted on the

~

 day of

____________________,

 1993, by a vote of

/J~1~)

Dorothy M.,4.inn, Clerk

Illinois Pb~lutionControl Board

4

i~O-0322