ILLINOIS
 POLLUTION
 CONTROL BOARD
January
 6, 1972
In the Matter of
)
EFFLUENT
 CRITERIA
 )
 R70-8
In the
 Matter
 of
WATER
 QUALITY STANDARDS
 )
 R71-14
REVISIONS
In
 the Matter
 of
WATER
 QUALITYSTANDARDS
 )
 R71-20
REVISIONS
 FOR
 INTRASTATE
 )
WATERS
 (SWB-14)
 )
Supplemental
 Statement
 (by
 Mr.
 Dumelle)
This
 is
 a belated
 filing
 of
 my
 comments
 on
 this extremely
 important
 set
of
 effluent
 standards
 which I heartily
 endorse.
 Mr.
 Curri&s
 excellent
 opinion
deals
 well with the reasons
 for effluent
 standards
 and the status
 of reasonable
technology
 for
 achieving those
 standards.
My remarks
 which follow
 cover
 these
 topics:
1.
 Certain
 effluent
 standards,
 which
 as
 adopted,
 could
 have
 and
should
 have been tighter
 based
 on the record
 in this proceeding
or
 on
 the
 exercise
 of prudence.
2.
 The
 effluent
 standards
 in some
 cases
 were
 adjusted
 to
 an
individual industry’s
 need which
 could
 have been better
 left
to the
 variance
 procedure
 for
 solution.
3.
 Effluent
 standards
 should be
 revised
 soon after
 two major
Federal
 documents
 are
 issued this
 year.
4.
 A possible
 conflict
 exists
 with ORSANCO
 standards.
3
 429
GENERAL
The
 publication
 ‘~ToxicSubstances’t
 by the
 Council
 on
 Environmental
Quality
 (April 1971)
 capsules
 the difficulty
 in
 standards-setting
 with this
pass age
The
 Chemical
 Abstracts
 Service
 Registry
Number
 System
 has registered
 some
 1. 8
million
 chemical
 compounds,
 and the list
is
 growing by
 the
 addition
 of
 250, 000
 chemicals
each
 year.
 Approximately
 300 to
 500 new
chemical
 compounds
 are
 introduced
 annually
into
 commercial
 use.
 (p.
 3)
It would
 be unrealistic
 to expect
 the Board
 to
 enact
 standards
 (either
effluent
 or
 water
 quality)
 on
 every
 chemical
 and for various
 combinations
with others.
 For
 this
 reason,
 narrative
 standards
 which
 proscribe
 materials
causing
 harm
 are
 always
 necessary
 and are
 the first
 and most
 general
 line
of
 defense
 of our water
 environment.
Second
 come
 water
 quality
 standards
 which gear
 amounts
 of
 chemicals
to
 known effects
 or
 to
 qualities
 which
 are
 desired
 or
 are
 set to
 prevent
 degrada-
tion.
 Water
 quality
 standards
 are
 difficult
 to
 enforce
 if multiple
 sources
 are
present.
The third
 line then becomes
 effluent
 standards
 which are
 relatively
easy
 to enforce
 and ideally are
 geared
 to
 achieving water
 quality
 standards.
But time
 consuming
 and expensive
 river
 basin
 studies
 are
 needed to relate
effluent standards
 exactly to
 water
 quality
 standards.
A base
 level
 of treatment
 is
 desirable
 as
 a first
 cut toward
 cleaning
the
 waters
 of Illinois.
 The
 Council
 on Environmental
 Quality
 in its
 report
cited
 above
 gives
 an
 excellent
 example
 of the
 complications
 caused
 by
synergism.
Synergism
 is
 another
 complicating
 interaction.
Two or
 more
 compounds
 acting together
 may
have
 an
 effect
 on
 organisms
 greater
 than the
sum
 of their
 separate
 effects.
 For
 example,
the
 toxic
 effects
 of mercuric
 salts
 are
 accen-
tuated
 by
 the presence
 of trace
 amounts
 of
copper.
 Cadmium
 acts
 as
 a synergist
 with
zinc
 and
 cyanide
 in the
 aquatic
 environment
to
 increase
 toxicity.
 (pp.
 8-9)
3
—
430
To
 me,
 what
 is extremely
 important,
 is that
 “good treatment”
 may keep
out of Illinois water substances about whose synergistic effects we know
little and in all probability will never
 know.
 Prevention is a better
remedy than a costly cure
 or a cure which is never applied because the
problem is not recognized.
Thus where a choice in this proceeding has to be made between two
levels of treatment, both reasonable in cost,
 I would lean toward the tighter
standard on the ground that we ought to keep out of the environment all sub-
stances
 that
 may be harmful.
1.
 Harmful
 Substances
The
 majority
 opinion,
 in which
 I join,
 dealt at length with the
testimony
 of Dr.
 Wesley
 Pipes
 of Northwestern
 University
 (pp.
 9-10).
Dr.
 Pipes listed
 seven
 elements
 “
 which function
 only as
 toxic
 agents
(and)
 should be eliminated
 from the water as much as possible.”
 He
goes on to list barium, cadmium, lead, chromium, mercury, selenium
and
 silver
 as
 examples
 of these
 toxic
 agents.
The
 regulation
 adopts
 2. 0 mg/l
 as
 a
 standard
 for
 barium.
Weston
 stated that
 barium
 is
 readily
 reduced to levels
 of
 1. to
 2 mg/I
(see
 Currie
 opinion,
 p.
 12).
 I
 would have
 set
 a
 standard
 of
 1. 0 mg/I.
This
 would also
 have made
 low
 flow
 streams
 with
 high barium
 flows
 usable
for
 drinking
 water
 supplies
 without
 dilution.
The
 effluent
 standard
 for
 cadmium
 as
 adopted was
 0.
 15 mg/I.
Cadmium
 is
 highly toxic
 as
 the
 Currie
 opinion
 points
 out
 (p.
 13).
 The
Council
 on
 Environmental
 Quality
 report
 mentioned
 above
 states
Some
 preliminary
 studies
 indicate
 that
 exposure
to
 low levels
 of
 cadmium
 from
 sources
 present
in the
 environment
 may lead to hypertension
 and
heart
 disease
 and perhaps
 to
 cancer.
 (p.
 11)
The
 synergism
 of
 cadmium
 with
 zinc
 and cyanide
 in the
 aquatic
environment
 resulting
 in increased
 toxicity
 has been
 mentioned
 earlier.
All
 of the
 known effects
 of
 cadmium,
 in my opinion,
 place
 it
 in
 a category
very
 similar
 to that
 of mercury.
 It appears
 to
 be a highly
 dangerous
metal that
 ought
 to be kept
 out
 of the
 environment
 to
 the greatest
 extent
possible.
 I would have opted for the
 level
 of
 0.
 01
 mg/l
 as
 a cadmium
effluent
 standard
 as
 suggested
 by
 Dodge
 in this
 record.
 Again since
 the
0.
 01
 mg/l
 level
 is
 the
 drinking
 water
 supply
 standard
 it
 would
 make
possible
 this use for
 low flow streams
 into
 which high volumes
 of cadmium-
bearing
 effluents
 are
 discharged.
 Prudence
 calls
 for
 cadmium
 control.
3
—
The
 regulation
 adopts
 1.
 0 mg/l
 for trivalent
 chromium
 and
 0.
 3 mg/i
for
 hexavalent
 chromium.
 I would have
 adopted
 0.
 1 mg/i
 for
 each
 type of
chromium
 based
 upon
 the
 clear
 statement
 in the record
 by
 Dr.
 James
 W.
Patterson
 and Dr.
 Roger
 A.
 Minear
 of
 the Illinois
 Institute
 of Technology.
In their
 study
 “Wastewater
 Treatment
 Technology”
 published in
 August
 1971
by
 the
 Illinois
 Institute
 for Environmental
 Quality
 and
 a part
 of this record
they describe
 a
 1959 report
 of an industrial
 plant
 which
 discharged
 zero
hexavalent
 and
 0. 06
 mg/i
 trivalent
 chromium
 (p.
 44).
 It seems
 reasonable
to assume
 that technology
 would
 have improved
 chromium
 removal
 techni-
ques
 in the past
 13 years
 so the
 0.
 1
 mg/i
 for each form
 of
 chromium
 seems
an eminently
 justifiable
 level
 of treatment.
 And as
 before,
 the
 0.
 1 mg/l
level
 would
 approach
 drinking
 water
 standards.
An effluent
 standard
 of
 0.
 1 mg/i
 for lead
 has been
 adopted in this
proceeding.
 The
 drinking
 water
 standard
 is
 50
 of this
 level
 or
 0. 05
 mg/i.
Patterson
 and Minear
 in their
 report
 cited
 above
 state
Little
 data
 is
 available
 on
 effluent
 lead values
after
 treatment
 costs
 have been found.
 However,
the
 extreme, insolubiities
 of both lead hydroxide
and lead
 carbonate,
 the
 two most
 common preci-
pitation
 products,
 would indicate
 that
 good
conversion
 of
 dissolved
 lead to
 insoluble lead
should be
 achieved.
 (p.
 133)
My preference
 would have
 been for
 the tighter
 0. 05
 mg/i
 standard.
The
 Council
 on
 Environmental
 Quality report
 states
•
 .
 .
the
 critical
 question
 today
 is
 whether
 the total
body
 burden
 produced
 by inhaling
 air
 polluted
 with
lead
 and by
 drinking
 water
 containing
 small
 amounts
of lead
 is
 sufficiently
 large
 to produce
 any adverse
effects.
 The
 data
 are
 not
 conclusive,
 but
 in the
opinion of at least
 one recognized
 expert,
 “There
is
 little
 doubt that
 at the present
 rate
 of pollution,
diseases
 due to lead toxicity
 will
 emerge
 within
a few years.”
The
 expert
 referred
 to above
 is
 Dr.
 Henry
 A.
 Schroeder,
a physician
 at Dartmouth
 Medical
 College,
 who has
 done
 a great
 deal
of research
 into trace
 metal
 toxicity.
The
 recent
 IIEQ work
 “A
 Study of
 Environmental
 Pollution
 by
Lead”
 (November
 1971)
 states
Other
 authorities
 believe
 that biological
changes
 are
 exhibited
 at
 all
 lower
 exposures
(to lead),
 that
 no threshold
 exists
 below which
no
 damage
 results.
 (p.
 91)
3
 —
432
One
 can
 argue
 that the
 above
 statements
 have merit
 only
 when
applied
 to the lead
 level
 at the point
 of
 consumption,
 i. e.
 in the
 drinking
water
 supply.
 But
 we
 do
 not
 know for
 certain the
 concentration
 mechanisms
of biota
 on
 lead.
 Prudence
 would say that
 we ought
 to keep
 as
 much
 lead
out
 of the
 environment
 as
 we reasonably
 can.
The mercury
 standard
 of
 0. 0005
 mg/l
 developed
 in
 R70-5
 has been
retained.
 It
 is
 interesting
 to
 note that
 the
 latest
 draft
 of the
 new Federal
drinking
 water
 standards
 discussed
 later
 has
 lowered
 the
 tentative
 level
of
 0. 005
 mg/i
 for
 mercury
 to
 0. 002
 mg/I
 and is
 thus
 now
 much
 closer
 to
the
 year-old
 Illinois
 standard.
The
 mercury
 standard
 is
 a
 good
 example
 of this
 Board’s
 action
 on
 a
no
 threshold”
 and
 cumulative
 pollutant.
 The
 same
 sort
 of prudence
 is
called
 for
 in
 similar
 situations
 with other
 pollutants.
The
 effluent
 standard
 for
 selenium
 adopted
 in this
 standard
 was
1. 0
 mg/i.
 The
 drinking
 water
 supply
 standard
 is
 0.
 01
 mg/i
 and
 Dodge
testified
 on
 this
 record
 that
 the
 tighter
 figure
 could be
 achieved
 as
 an
effluent
 standard,
 Because
 of the
 toxicity
 of
 selenium
 which
 is
 recognized
in
 the
 Currie
 opinion
 (p.
 18)
 1
 would have
 enacted
 the
 0.
 01
 mg/i
 standard
stated
 to
 be
 attainable
 by
 Dodge.
 Again,
 this
 level
 might
 make
 certain
streams
 usable
 directly
 as
 drinking
 water
 supplies.
The
 standard
 for
 effluents
 in
 Illinois
 for
 silver
 is
 adopted
 here
as
 0.
 1
 mg/i.
 The
 drinking
 water
 supply
 limit
 is
 0. 05
 mg/i
 or
 50
 as
 much
and
 is
 the
 value
 I
 would
 have
 desired.
 The
 Patterson-Minear
 report
 states
The
 value
 of
 silver
 makes
 recovery
 from
 process
streams
 attractive..,
 co-precipitation
 with other
metal
 hydroxides
 under
 alkaline
 conditions
 improves
silver
 removal
 to
 less
 than
 0.
 1 mg/i...
 .
 Very
 low
residual
 silver
 concentrations
 are
 possible
 with
ion
 exchange.
 (p.
 229)
The
 above
 indicates
 to
 me
 that
 0. 05
 mg/i
 is
 a technically
 feasible
and
 economically
 reasonable
 effluent
 standard
 for
 silver.
 And
 since
 silver
is
 a precious
 metal
 in
 short
 supply
 such
 a standard
 would
 directly
 follow
the
 Illinois
 Environmental
 Protection
 Act purpose
 “to promote
 the
 development
of technology
 for
 environmental
 protection
 and
 conservation
 of natural
resources.
 ‘
 Sect.
 2(a)4
This
 completes
 an
 analysis
 of the
 seven
 elements
 which
 Dr.
 Pipes
stated
 “should
 be
 eliminated
 from
 the
 water
 as
 much
 as
 possible.”
3—433
2.
 Standards
 or
 Variances?
One
 of the dilemmas
 faced
 in setting
 a standard
 is
 the
 problem
 of
 how
much
 reliance
 to place
 upon
 a single
 industry’s
 testimony.
 Are
 the
 facts
alleged
 true
 industry-wide
 or
 a problem
 unique
 to that
 plant
 with
 its
 own
 special
equipment
 and processes?
In this
 proceeding
 there
 appear
 five
 effluent
 standards
 which
 were
set
 based
 wholly or
 partly
 on
 a single
 industry’s
 testimony.
 To
 examine
each
 in detail
 would
 require
 too
 much
 in time
 and
 space,
 I
 will
 list
 the
parameters
 here
 and
 ask
 that
 a revision
 to these
 standards
 investigate
 more
fully the
 individual
 plant
 question.
 If a standard
 cannot
 he
 met,
 except
 by
unreasonable
 costs,
 at
 an individual
 plant,
 then
 a variance
 is
 the
 mechanism
to use.
 And
 this
 variance
 could
 well
 he
 a perpetual
 variance,
 renewed
 from
year
 to year
 until
 the
 plant
 has
 been
 retired.
 This
 procedure
 has
 the
advantage
 of
 ensuring
 that
 new plants
 will
 be
 built
 to
 the tighter
 (and also
feasible)
 standard,
The
 arsenic
 standard
 of
 0. 25
 mg/I.
 is
 based
 partly
 on
 the
 Abbott
Laboratories
 testimony
 a~dis
 500
 of the
 drinking
 water
 standard.
The
 copper
 standard
 of
 1. 0
 mg/l
 appears
 to have
 been
 based
 largely
upon
 the
 Olin
 Corporation
 testimony.
 The
 Currie
 opinion
 (p.
 14) quotes
Patterson
 as
 stating
 that
 0.
 1
 to
 0,
 3
 mg/I
 are
 achievable
 and
 Weston
 as
 stating
that
 0.
 5
 mg/l
 can be
 reached
 for
 costs
 comparable
 for
 removal
 to other
metals
 regulated
 by this
 proceeding.
The
 fluoride
 standard
 of
 2.
 5
 mg/i
 is
 based
 to
 a large
 extent
 upon
 Olin
Corporation
 testimony
 for
 its
 Joliet
 fertilizer
 plant.
 Both Weston
 and
 Dodge
stated
 that
 1,0
 mg/I
 was
 readily
 achievable
 though
 Patterson.did
 not.
The
 manganese
 standard
 of
 1. 0
 mg/i
 seems
 to
 be
 based
 entirely
upon
 the
 Carus
 Chemical
 Company
 testimony.
 Patterson
 and
 Weston
 indi-
cate
 that
 0. 05
 mg/i
 can
 be
 achieved
 but
 there
 is
 some
 doubt
 as
 to
 applica-
bility
 of this
 standard
 to
 industrial
 wastewaters.
The
 phenol
 standard
 of 0.
 3
 mg/i
 seems
 to
 be
 based
 entirely
 upon
the
 Monsanto
 Corporation
 testimony.
 The
 drinking
 water
 supply
 standard
is
 0.
 001
 mg/i
 and
 consequently
 a stream
 flow
 300
 times
 that
 of
 an
 effluent
at the
 maximum
 phenol
 standard
 is
 required
 to
 achieve
 this
 use,
 Patterson
and
 Minear
 in their
 report
 show
 that
 high
 phenol
 concentrations
 are
 attractive
from
 an
 economic
 standpoint
 for
 recovery
 (p.
 197-200),
 Thus
 high levels
phenols
 (
 500
 mg/i)
 can be
 dropped
 from
 consideration
 here
 since
 their
treatment
 pays
 for
 itself,
 And
 intermediate
 levels
 (5-500
 mg/i)
 appear
 to
 cost
 about the
 same
 as
 sewage
 to treat
 (p.
 203-4)
 which
 (at
 10
 cents
 per
 1000
3
 —
434
gallons)
 we
 would
 agree
 is
 not
 an
 excessive
 cost.
We
 are
 thus
 left
 with
 the
 consideration
 of the
 low levels
 of
 phenolic
wastes
 (under
 5
 mg/i).
 And
 the
 Patterson
 evidence
 seems
 to
 indicate
costs
 of
 from.
 4
 to
 15
 cents
 per
 1000
 gallons
 (Fig.
 6,
 p.
 211)
 depending
 upon
the
 flow,
 These
 do
 not
 seem
 to
 be
 excessive
 costs
 even
 when
 added to the
previous
 iO
 cents
 per
 1000
 gallons
 and
 seem
 greatly
 at
 variance
 with the
Monsanto
 figure
 of
 $1. 25
 per
 1000
 gallons
 additional
 cost
 to
 reduce
 phenols
from
 0.
 3
 mg/i
 to
 0,1
 mg/i,
3.
 Effluent
 Standard
 Revision
 Needed
Two
 major
 Federal
 documents
 will
 be
 issued
 in
 1972.
 The
 revision
of the
 1962
 Public
 Health
 Service
 Drinking
 Water
 Standards
 is
 anticipated
in June
 1972.
 This
 new
 edition,
 incorporating
 the
 latest
 findings
 on
effects
 of pollutants
 in
 water,
 is
 .expected
 to include
 some
 parameters
such
 as
 sodium,
 that
 have
 never
 before
 been
 listed.
 These
 effluent
standards
 should
 be revised
 in light
 of this
 new
 information.
Similarly,
 the
 1972
 updating
 of
 the
 1968
 Water
 Quality
 Criteria
 is
expected
 from
 the
 Federal
 government
 in September
 1972,
 This
 document
will
 in all
 probability,
 contain
 new
 parameters
 and
 new
 numerical
 levels,
all
 of which
 should
 be
 considered
 in
 a revision
 to these
 effluent
 standards.
The
 list
 of
 “Threshold
 Limit
 Values,
 ‘
 which
 contains
 more
 than
 500
pollutants,
 is
 revised
 annually
 by the
 American
 Conference
 of
 Governmental
Industrial
 Hygienists.
 Annual
 revision
 of’
 all
 standards,
 whether
 effluent
or
 water
 quality
 is
 a
 desirable
 goal.
 In
 this
 way
 the latest
 scientific
knowledge
 is
 embodied
 into
 regulation.
 And
 plants
 which
 may
 be
 otherwise
subject
 to
 costly
 retrofitting
 may
 be
 caught
 at
 the
 pre-design
 stage
 by
frequent
 revisions.
4.
 The
 ORSANCO
 Effluent
 Standards
Illinois
 is
 a party
 to
 the
 Ohio
 River
 compact
 (ORSANCO)
 and is
 bound
by the
 regulations
 issued
 by
 that
 body.
 Effluent
 standards
 have
 been promul-
gated
 by
 ORSANCO
 which
 generally
 are
 tighter
 than
 those
 here
 enacted.
While
 most
 of
 Illinois
 industry
 is
 not located
 along
 the
 Ohio
 River
 it
is
 still
 a
 confusing
 situation
 to have
 two
 sets
 of
 effluent
 standards
 legally
effective
 in the
 state.
President
 Nixon’s
 Message
 on
 the
 Environment
 of February
 8,
 1971
states
I
 again
 propose
 that
 Federal-State
 water
 quality
standards
 be
 revised
 to
 impose
 precise
 effluent
3—435
limitations
 on
 both
 industrial
 and
 municipal
sources.
If this
 power
 to
 set
 effluent
 standards,
 is
 given
 to
 the
 Federal
 government,
 then
 Illinois
 may be
 subjected
 to
 a third
 set
 of
 standards
 which
will
 make
 simplification
 of
 standards
 all
 the
 more
 desirable.
SUMMARY
Effluent
 standards
 are
 a better
 tool
 for
 enforceñ~ent than
 are
 water
quality
 standards.
 President
 Nixon’s
 Message
 on the
 Environment
 mentioned
above
 puts
 it
(Water
 quality
 standards)
 provide
 a poor
 basis
for
 enforcement:
 without
 a precise
 effluent
 standard,
it is
 often
 difficult
 to
 prove
 violations
 in
 court,
So
 I
 am
 happy that
 this
 first
 set
 of
 State-wide
 effluent
 standards
 has
been
 enacted.
 I hope
 the’ foregoing
 comments
 may he
 used
 in
 a
 forthcoming
revision
 to make
 these
 standards
 an
 even better
 mechanism
 to
 clean
 up
and protect
 our
 water
 environment.
/
.(~
(~
Jacob
 U.
 Dumelle
I,
 Christan
 L.
 Moffett,
 Clerk
 of
 the
 Illinois
 Pollution
 Control
 Board,
hereby
 certify
 the
 above
 Supplemental
 Statement
 was
 submitted
 on
 the
 ____
day
 of
 May,
 1972.
~
 ~:
 ~
Christan
 L.
 Moffett,
 Cletk
 (7
 .
Illinois
 Pollution
 Control
 Board
3— 436