1                  ILLINOIS POLLUTION CONTROL BOARD 
 
          2    
 
          3    
              IN THE MATTER OF:            ) AS 02-5 
          4                                ) (NPDES Adjusted Standard)  
              PETITION OF NOVEON, INC.,    ) (Not Consolidated) 
          5   FOR AN ADJUSTED STANDARD FROM)   
              35 ILL. ADM. CODE 304.122    ) Volume I 
          6    
 
          7    
 
          8    
 
          9    
 
         10    
 
         11    
 
         12    
 
         13    
 
         14    
 
         15    
 
         16              The following is the transcript of a hearing 
 
         17   held in the above-entitled matter, taken 
 
         18   stenographically by Gale G. Everhart, CSR-RPR, a notary 
 
         19   public within and for the County of Peoria and State of 
 
         20   Illinois, before Bradley P. Halloran, Hearing Officer, 
 
         21   at 122 North Prairie Street, Lacon, Illinois, on the 
 
         22   17th day of February, A.D. 2004, commencing at 3:50 p.m.   
 
         23    
 
         24    
 
 
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                                                                        2 
 
 
 
          1   PRESENT: 
 
          2    
                   HEARING TAKEN BEFORE:   
          3        ILLINOIS POLLUTION CONTROL BOARD 
                   100 West Randolph Street 
          4        James R. Thompson Center, Suite 11-500 
                   Chicago, Illinois  60601 
          5        (312) 814-8917 
                   BY:  MR. BRADLEY P. HALLORAN, ESQUIRE 
          6    
 
          7   APPEARANCES:   
 
          8    
                   GARDNER, CARTON & DOUGLAS 
          9        BY:  RICHARD J. KISSEL, ESQUIRE 
                        MARK LATHAM, ESQUIRE 
         10             SHEILA H. DEELY, ESQUIRE  
                   Attorneys at Law 
         11        191 North Wacker Drive, Suite 3700 
                   Chicago, Illinois  60606-1698 
         12        (312) 569-1442 
                         On Behalf of the Petitioner.   
         13    
 
         14        ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 
                   BY:  DEBORAH J. WILLIAMS, ESQUIRE 
         15        Attorney at Law 
                   1021 North Grand Avenue East,  
         16        Springfield, Illinois  62794 
                   (217) 782-5544 
         17              On Behalf of the Respondent. 
 
         18    
              ALSO PRESENT:        
         19    
                   Richard Pinneo 
         20        Lorraine Robinson 
                   David Giffin 
         21        Michael R. Corn 
                   Alisa Liu 
         22        Chen H. Lin  
 
         23        Members of the public and press.   
 
         24                                          
 
 
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                                                                        3 
 
 
 
          1                            I N D E X                  Page 
 
          2    
 
          3   GREETING BY HEARING OFFICER. . . . . . . . . . . . .   4 
 
          4    
              OPENING STATEMENTS:   
          5    
                   BY MR. KISSEL . . . . . . . . . . . . . . . . .   9    
          6         
 
          7   WITNESS FOR PETITIONER:                       
 
          8        DAVID GIFFIN        
                      Direct Examination by Mr. Latham . . . . . .  18 
          9           Cross-Examination by Ms. Williams. . . . . .  42 
                      Redirect Examination by Mr. Latham . . . . .  54 
         10           Recross-Examination by Ms. Williams. . . . .  55 
 
         11    
               PETITIONER'S EXHIBITS ADMITTED INTO EVIDENCE:   
         12    
                                                 Identified   Admitted 
         13    
                   PETITIONER'S 1. . . . . . . . . . .   24         25    
         14        PETITIONER'S 2. . . . . . . . . . .   28         28 
                   PETITIONER'S 3. . . . . . . . . . .   30         31 
         15        PETITIONER'S 4. . . . . . . . . . .   32         33 
                   PETITIONER'S 5. . . . . . . . . . .   34         34 
         16        PETITIONER'S 6. . . . . . . . . . .   41         42 
 
         17        All exhibits were retained by Hearing Officer 
                   Halloran.   
         18                                           
 
         19    
 
         20    
 
         21    
 
         22    
 
         23    
 
         24    
 
 
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          1        HEARING OFFICER HALLORAN:  Good afternoon.  My name 
 
          2   is Bradley Halloran.  I am the hearing officer with the 
 
          3   Illinois Pollution Control Board.  I'm also assigned to 
 
          4   this matter entitled Adjusted Standard, 02-5.  And the 
 
          5   title of it is, In The Matter of Petition of Noveon, 
 
          6   Inc., for an Adjusted Standard From 35 ILL. ADM. CODE 
 
          7   304.122.  It is February 17th in the year 2004.  It's 
 
          8   approximately 10 minutes to 4.  And I do note again, 
 
          9   there are maybe one or two members of the public here.  
 
         10   And if they so choose, they can make public comment.  
 
         11   Again, this hearing will be continued into tomorrow as 
 
         12   well.   
 
         13              Then I note that that hearing is intended to 
 
         14   develop a record for review for the Illinois Pollution 
 
         15   Control Board.  I will not be making the ultimate 
 
         16   decision in this case.  That decision is left up to the 
 
         17   five members of the Pollution Control Board.  They will 
 
         18   review the record, the transcript and also the 
 
         19   posthearing briefs and render a decision in this matter.  
 
         20   My job is to ensure an orderly hearing, a clear record 
 
         21   and rule on evidentiary matters that may arise.  I do 
 
         22   want to note, we are going to run this hearing pursuant 
 
         23   to section 104.400 through 104.428.  And, again, it has 
 
         24   been noticed up pursuant to the Board regs.  
 
 
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                                                                        5 
 
 
 
          1              With that said, would the parties like to 
 
          2   introduce themselves, and then we will get into some 
 
          3   preliminary matters.   
 
          4        MR. KISSEL:  My name is Richard Kissel of the law 
 
          5   firm Gardner, Carton & Douglas.  To my right is Mark 
 
          6   Latham of the same firm, and to my left is Sheila Deely.  
 
          7   We represent Noveon, Inc.   
 
          8        HEARING OFFICER HALLORAN:  Thank you, Mr. Kissel.   
 
          9              Ms. Williams?   
 
         10        MS. WILLIAMS:  My name is Deborah Williams.  And I 
 
         11   am here today on behalf of the Illinois Environmental 
 
         12   Protection Agency where I'm assistant counsel for the 
 
         13   Bureau of Water.  And I have two other agency staff with 
 
         14   me at this point:  Mr. Rick Pinneo from our permit 
 
         15   section, and Lorraine Robinson from the division of 
 
         16   legal counsel.   
 
         17        HEARING OFFICER HALLORAN:  Thank you, Ms. Williams.   
 
         18              Before we get into openings I would like to 
 
         19   visit this written testimony that was filed on February 
 
         20   9th and 6th.  Mr. Kissel or Ms. Deely, do you care to 
 
         21   address that?   
 
         22        MS. DEELY:  Sure.   
 
         23        HEARING OFFICER HALLORAN:  Just kind of a summary.  
 
         24   I have right here expert -- file the attached exhibits 
 
 
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                                                                        6 
 
 
 
          1   to expert written testimony of Michael Corn.   
 
          2        MS. DEELY:  Right.  And there is the separate 
 
          3   written testimony of Michael Corn that you should have.   
 
          4        MR. KISSEL:  If I can, I can give you the order of 
 
          5   our witnesses and the testimony being submitted.  Is 
 
          6   that okay?   
 
          7        HEARING OFFICER HALLORAN:  That's fine.  You know 
 
          8   what, I do not have -- I'm sorry, Mr. Kissel, I do not 
 
          9   have -- all I have is attached exhibits to expert 
 
         10   witness testimony of Michael Corn.  I don't know if the 
 
         11   clerk failed to give me a copy or if I misplaced it.   
 
         12        MS. DEELY:  I have another copy to give you.   
 
         13        HEARING OFFICER HALLORAN:  Mr. Kissel, I'm sorry.  
 
         14        MR. KISSEL:  That's all right.  To give you -- it 
 
         15   will be part of the opening statement, but I'd just as 
 
         16   soon give it at this point.  We intend to have the 
 
         17   following witnesses.  There will be six.  The first 
 
         18   witness will be Mr. David Giffin, who is employed by 
 
         19   Noveon, Inc., and he has prepared a written statement 
 
         20   with exhibits that has been filed with the Board.  His 
 
         21   testimony primarily will be in the area of describing 
 
         22   the plant, some of the economics regarding the plant and 
 
         23   some of the pretreatment that's been done at the 
 
         24   facility. 
 
 
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                                                                        7 
 
 
 
          1              Our second witness will be Houston Flippin.  
 
          2   He will testify.  He has prepared a written statement, 
 
          3   as well, along with exhibits.  And his testimony will 
 
          4   deal with various technologies that were studied and 
 
          5   what technologies are available, if any, and at what 
 
          6   cost in order to treat ammonia-nitrogen in the effluent.  
 
          7   In addition he will talk somewhat about population 
 
          8   equivalents and the like.   
 
          9              The third witness we have is Mr. Michael Corn 
 
         10   who has prepared written testimony and there are 
 
         11   exhibits for that.  Mr. Corn will testify regarding the 
 
         12   discharge characteristics of the plant, along with zone 
 
         13   of initial dilution and mixing zones and the issue of 
 
         14   water quality.               
 
         15              The fourth witness will be Mr. William 
 
         16   Goodfellow who has prepared testimony along with 
 
         17   exhibits.  And his testimony will deal with his 
 
         18   evaluation and review of the toxicity issues relating to 
 
         19   the discharge.   
 
         20              The fifth witness will be Linda Shaw who is 
 
         21   an employee of Noveon.  She is a CPA.  She will testify 
 
         22   with regard to the impact of the requirement of 
 
         23   treatment will cause on the financial condition of the 
 
         24   Henry facility.  The last witness will be Guy Davids.  
 
 
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                                                                        8 
 
 
 
          1   Linda Shaw does have written testimony along with an 
 
          2   exhibit or two.   
 
          3              Guy Davids -- is it David or Davids?   
 
          4        MR. DAVIDS:  Davids.   
 
          5        MR. KISSEL:  I was right.  He recently was the 
 
          6   plant manager at the Henry facility, and he has been 
 
          7   involved in many issues involved in this proceeding and 
 
          8   will testify as to what the impact of the potential 
 
          9   requirement for installing treatment technology will 
 
         10   have on the viability of the plant.  So there should be 
 
         11   in your grasp, testimony, written testimony from five 
 
         12   witnesses, Mr. Giffin, Flippin, Corn, Goodfellow and  
 
         13   Ms. Shaw.   
 
         14        HEARING OFFICER HALLORAN:  I do or soon will have.  
 
         15   I think I'm missing the written testimony of Mr. Corn, 
 
         16   did you say?        
 
         17        MS. DEELY:  Uh-huh.   
 
         18        HEARING OFFICER HALLORAN:  Thank you, Mr. Kissel.   
 
         19        MS. WILLIAMS:  In my experience at regulatory 
 
         20   proceedings we do have copies for the members of the 
 
         21   public in attendance.   
 
         22        MS. DEELY:  I doubt if I have a copy for everyone.   
 
         23        MS. WILLIAMS:  I'm just identifying that usually at 
 
         24   regulatory type hearings like this -- 
 
 
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          1        HEARING OFFICER HALLORAN:  I have done a few 
 
          2   adjusted standards, and that's -- 
 
          3        MS. DEELY:  Were any members of the public there?  
 
          4   I think it is the first time where there have actually 
 
          5   been members of the public here.  They are planning on 
 
          6   reading it in.  So it doesn't matter.   
 
          7        MR. KISSEL:  I think the reason was the same reason 
 
          8   we gave at the other proceeding, is there are members of 
 
          9   the public here.   
 
         10        HEARING OFFICER HALLORAN:  Correct.  So if there is 
 
         11   nothing further, I guess we can proceed with your 
 
         12   opening.        
 
         13        MR. KISSEL:  I will be very brief.  As you 
 
         14   indicated, Mr. Hearing Officer, this is a Petition for 
 
          15   Adjusted Standard which has been filed by Noveon, Inc., 
 
         16   asking for the establishment of new effluent limits or 
 
         17   effluent limits different than are contained in the 
 
         18   NPDES permit that has been issued and appealed for the 
 
         19   Henry discharge.   
 
         20              We, as presented in that proceeding, have 
 
         21   indicated we do not think that rule 304.122 of the 
 
         22   Board's rules dealing with ammonia effluent limitation 
 
         23   is applicable to this facility.  But notwithstanding 
 
         24   that, we are seeking to have the Board adopt an ammonia 
 
 
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          1   limitation which would allow us to discharge the current 
 
          2   level of ammonia to the Illinois River.  The entire 
 
          3   proceeding involves the Henry plant of Noveon, Inc.  The 
 
          4   Henry plant, dubbed, I might add, in the newspaper as 
 
          5   the Caterpillar of Marshall County.  It is an operating 
 
          6   facility and has been here for some time.  It is a 
 
          7   chemical manufacturing facility containing a specialty 
 
          8   chemical branch, and another part of it is the PVC part 
 
          9   of the specialty polymers manufacturing.  And in any 
 
         10   case this will all be described in some detail.   
 
         11              It operates -- Noveon owns and operates a 
 
         12   waste treatment plant at that facility which treats for 
 
         13   BOD, suspended solids and a number of other parameters.  
 
         14   This is a relatively unique procedure, and I 
 
         15   hesitatingly use that word because we are asking for a 
 
         16   limitation -- we are asking for the allowance of the 
 
         17   discharge of ammonia when, indeed, for the most part, 
 
         18   the plant does not use ammonia in its processes.  What 
 
         19   happens is that because it has a very efficient BOD 
 
         20   treatment facility, it actually generates ammonia in the 
 
         21   waste treatment plant itself.  This is unusual and 
 
         22   different in many cases where the -- it is a contaminant  
 
         23   that can't be removed from the processes, but rather has 
 
         24   to be treated if anything is done with it at all.  In 
 
 
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          1   fact, in addition to that, ammonia cannot be treated in 
 
          2   the current plant even though it is of the technology 
 
          3   that would normally do that.  But there are inhibitors 
 
          4   in the plant in the influent that inhibit the growth of 
 
          5   the bacteria necessary to treat the ammonia.  The 
 
          6   inhibitors themselves can't be treated because they form 
 
          7   a fundamental process -- fundamental part, excuse me, of 
 
          8   the manufacturing process.   
 
          9              So what we have done is to ask a highly 
 
         10   qualified expert, Mr. Flippin, and others, over a period 
 
         11   of time to see whether -- or to what degree ammonia can 
 
         12   be treated to reduce the amount of ammonia actually 
 
         13   being discharged.  Mr. Flippin will testify as to the 
 
         14   various alternatives that he has looked at.  Mr. Giffin 
 
         15   will tell you a number of things that he has looked at, 
 
         16   and we will come to conclusion as to what, if any, 
 
         17   treatment is available.   
 
         18              The cost of the posttreatment, which is what 
 
         19   is involved, is extremely expensive as compared to the 
 
         20   income and the profit produced by that particular 
 
         21   facility.   
 
         22              The current discharge of the plant is to the 
 
         23   Illinois River, obviously, and is through a single port 
 
         24   diffuser.  And I think one of the things for anyone who 
 
 
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          1   is here and the Board to keep in mind is that this 
 
          2   facility is located on a bluff overlooking the Illinois 
 
          3   River and its discharge goes down -- in a pipe, 
 
          4   obviously -- into the river and allows for a substantial 
 
          5   amount of mixing.  It is not what's called a 
 
          6   shore-hugging plume.  It actually gets out into the 
 
          7   river.  It is currently, as I said, a single port 
 
          8   diffuser.  It goes out into the river, and it combines 
 
          9   with the -- before discharge, the effluent from the City 
 
         10   of Henry which has been allowed pursuant to an agreement 
 
         11   with the Illinois EPA.   
 
         12              Another important fact here is that we 
 
         13   believe that water quality standards for ammonia are 
 
         14   currently being met downgradient of the discharge taking 
 
         15   into account a zone of initial dissolution and a mixing 
 
         16   zone.  We believe the criteria -- the two most important 
 
         17   criteria are whether there is any contribution to the 
 
         18   limitation or reduction in the dissolved oxygen of the 
 
         19   river, or is there an addition or whatever to the water 
 
         20   quality standards which deal with the aquatic toxicity.  
 
         21   We believe that based upon the testimony and the studies 
 
         22   that have been done that the water quality standards are 
 
         23   being met.   
 
         24              The point being that notwithstanding the fact 
 
 
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          1   that the Henry facility, the Noveon plant, having added 
 
          2   substantial treatment, investigated a number of 
 
          3   alternatives and having done a substantial amount of 
 
          4   work in trying to pretreat whatever the waste will 
 
          5   contribute to the ammonia discharge, they are not 
 
          6   causing a water quality standard and to require them to 
 
          7   involve further treatment would just be a penalty which 
 
          8   could affect the viability of the plant.   
 
          9              There has been some talk in the news and 
 
         10   others about the toxicity of the effluent.  And there is 
 
         11   no question, and we admit, that the effluent taken as an 
 
         12   effluent does evidence toxicity as will be shown by 
 
         13   Mr. Goodfellow, an expert in that field.  However, that 
 
         14   toxicity is reduced and eliminated, in fact, as the 
 
         15   wastewater hits the Illinois River and when it comes 
 
         16   into contact at the relevant times with the aquatic 
 
         17   life.   
 
         18              Another important thing about the toxicity, 
 
         19   which Mr. Goodfellow will testify to, is that there are 
 
         20   really two toxicants involved.  One is ammonia-nitrogen 
 
         21   and the other are salts, TDS.  He will make the point to 
 
         22   the Board that even if ammonia-nitrogen were eliminated, 
 
         23   there is a need to -- the effluent is toxic because of 
 
         24   the salts involved.   
 
 
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          1              The Agency has stated -- and we have memos to 
 
          2   that effect -- that if you try to treat -- that the best 
 
          3   degree of treatment for salts is no treatment at all, 
 
          4   rather dilution because of the expense of it.   
 
          5              So the fact is that salt is a controlling 
 
          6   parameter as far as the toxicity of the effluent is 
 
          7   concerned.  But I do want to make the point, again, that 
 
          8   toxicity effluent cannot be equated to toxicity in the 
 
          9   stream because it doesn't exist here.   
 
         10              There will be testimony about the various 
 
         11   alternatives available for potentially treating ammonia 
 
         12   in the discharge in terms of the various technologies 
 
         13   available, what their reliability is, what their cost is 
 
         14   and what their efficiency is.  We believe that to 
 
         15   require us to install treatment here would have a 
 
         16   substantial economic impact on the facility.  So, 
 
         17   therefore, we would ask the Board to review the 
 
         18   testimony that's given and has been worked on and done 
 
         19   over a long period of time and to allow for the Petition 
 
         20   for Adjusted Standard which would allow ammonia to be 
 
         21   discharged at the levels we set forth in our petition. 
 
         22        HEARING OFFICER HALLORAN:  Thank you, Mr. Kissel.   
 
         23              Ms. Williams?        
 
         24        MS. WILLIAMS:  Would there be an objection to 
 
 
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          1   providing my opening at the beginning of my case, or 
 
          2   would you prefer -- 
 
          3        MR. KISSEL:  Go ahead.   
 
          4        MS. WILLIAMS:  Go ahead and wait?   
 
          5        MR. KISSEL:  It's all right with me.   
 
          6        HEARING OFFICER HALLORAN:  All right.  Mr. Kissel, 
 
          7   your first witness.   
 
          8        MR. KISSEL:  Before we do that, I know we had asked 
 
          9   by motion to incorporate into this record the transcript 
 
         10   of the permit appeal which is R91-17 -- or, no, PCB 
 
         11   91-17.  We would either renew that motion if the hearing 
 
         12   officer is willing to hear it, or offer just the 
 
         13   testimony of the witnesses including the ones that will 
 
         14   testify today.  Or if neither of those is acceptable, to 
 
         15   make an offer of proof so that this can all be marked as 
 
         16   an exhibit and be presented to the Board.   
 
         17        HEARING OFFICER HALLORAN:  Well, I guess I'm not 
 
         18   going to revisit my opinion, my order that went out.  
 
         19   And right now, quite frankly, I can't find the thing.  
 
         20   But what were your options?   
 
         21        MR. KISSEL:  Well, what we have done is we have 
 
         22   separately taken the testimony of the witnesses rather 
 
         23   than all of the preliminaries and other things, the 
 
         24   witnesses and the exhibits, and would ask that --  
 
 
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          1        MS. DEELY:  As they pertain to ammonia.   
 
          2        MR. KISSEL:  As they pertain to ammonia.  And would 
 
          3   ask that the hearing officer include that as 
 
          4   Petitioner's Group Exhibit Number 1.   
 
          5        HEARING OFFICER HALLORAN:  Ms. Williams?   
 
          6        MS. WILLIAMS:  I'm not sure.  How is it that -- you 
 
          7   are saying you just took portions of the transcript and 
 
          8   portions of the exhibits?  I guess at this time I was 
 
          9   relying on your order and feel at this point it's a 
 
         10   prejudice on me to evaluate what those documents are and 
 
         11   what I might need to put into the record to rebut them, 
 
         12   or if I feel something has been left out that should 
 
         13   have been kept in.   
 
         14        MR. KISSEL:  I just feel that -- as we have talked 
 
         15   about before that I think we are sort of closing our 
 
         16   eyes to the fact that these proceedings, while maybe 
 
         17   shouldn't be consolidated, they are related.  And the 
 
         18   testimony, I think rather than being duplicative, put it 
 
         19   into this record and let the Board use it.  This is a 
 
         20   regulatory proceeding, and I can, as I'm sure you can, 
 
         21   attest to the fact that there are things that have been 
 
         22   introduced into regulatory proceedings, including screen 
 
         23   doors, that would not find their way into a courtroom as 
 
         24   such or a courtroom proceeding.  I just think it's 
 
 
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          1   relevant; the testimony is relevant.  I would be more 
 
          2   than happy to give whatever we have for review to Ms. 
 
          3   Williams and she can, within the next day or so or 
 
          4   whatever, look at that and see whether she wants to add 
 
          5   anything, or -- 
 
          6        MS. WILLIAMS:  Doesn't it make more sense, given 
 
          7   all these documents are filed with the Board, that  
 
          8   Mr. Kissel simply make an offer of proof of why he 
 
          9   thinks the Board should overrule your order and then 
 
         10   they can  
 
         11   themselves -- I mean, it's not like these are documents 
 
         12   that are not available to the Board.        
 
         13        HEARING OFFICER HALLORAN:  You know, again -- and 
 
         14   maybe I'm missing the point in my order.  In the very 
 
         15   last sentence I put, "The Board should not be burdened 
 
         16   with sorting relevant from irrelevant material."  And 
 
         17   that's what would happen here.   
 
         18        MR. KISSEL:  That's what we did.    
 
         19        MS. DEELY:  That's what we did.   
 
         20        HEARING OFFICER HALLORAN:  Well, she hasn't even 
 
         21   looked at it yet, so we are kind of back to square one.   
 
         22        MR. KISSEL:  She can look at it.  She must have  
 
         23   reviewed -- or the Agency must have reviewed the 
 
         24   transcripts to prepare for the hearing we just 
 
 
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          1   concluded.  So -- 
 
          2        MS. WILLIAMS:  Not in that frame of how --  
 
          3        HEARING OFFICER HALLORAN:  Can we reserve that 
 
          4   ruling and if you get a chance to look at it tonight, 
 
          5   Ms. Williams, do so and we can revisit it tomorrow 
 
          6   morning?   
 
          7        MS. WILLIAMS:  I can take it with me tonight and 
 
          8   look at it.   
 
          9        MR. KISSEL:  Thank you.   
 
         10        HEARING OFFICER HALLORAN:  Thank you.   
 
         11        MR. LATHAM:  We will call our first witness, 
 
         12   Mr. David Giffin.   
 
         13                       (Witness sworn.) 
 
         14                        DAVID GIFFIN, 
 
         15   called as a witness, after being first duly sworn, was  
 
         16   examined and testified upon his oath as follows: 
 
         17                      DIRECT EXAMINATION 
 
         18                        BY MR. LATHAM: 
 
         19        Q     Please state your name for the record.   
 
         20        A     My name is David Giffin. 
 
         21        Q     Have you prepared a written statement for 
 
         22   this hearing today? 
 
         23        A     Yes, I have. 
 
         24        Q     Are you prepared to read that statement into 
 
 
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          1   the record for us? 
 
          2        A     I am. 
 
          3        Q     Please proceed.   
 
          4        A     My name is David Giffin.  I reside at 336 
 
          5   County Road 850 North, Sparland, Illinois, which is 
 
          6   about approximately 18 miles west of the Noveon-Henry 
 
          7   plant.  I'm the health safety environmental manager for 
 
          8   the Noveon-Henry plant.   
 
          9              I graduated from the University of Illinois 
 
         10   in 1967 with a bachelor of science, a degree in zoology 
 
         11   and a minor in chemistry.  In 1975 I received a master's 
 
         12   of engineering administration degree from Bradley 
 
         13   University.   
 
         14              I have been employed at the Henry plant for 
 
          15   34 years.  I started as an associate engineer at the 
 
         16   Henry plant after being discharged from the United 
 
         17   States Army in July 1969.  In this capacity I worked as 
 
         18   a shift foreman for 13 months in the polymer chemicals 
 
         19   area.  From 1970 to 1972 I worked as a process technical 
 
         20   engineer in the polymer chemicals area.  I was then 
 
         21   asked to be the plant environmental engineer, a position 
 
         22   I had from 1972 to 1978.  In 1978 I transferred to the 
 
         23   Geon production area as the general foreman of 
 
         24   suspension and dispersion production.   
 
 
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          1              In 1979 I became the product manager, 
 
          2   production manager, for Geon Suspension and Compound 
 
          3   Production.  In 1982 I became the technical manager of 
 
          4   Geon Suspension and Compound.  In 1983 I was asked to be 
 
          5   the plant engineer of the facility.  And, finally, in 
 
          6   1992 I was asked to be the health safety environmental 
 
          7   manager of the facility.  And in March 1993 I assumed my 
 
          8   current position as the health safety manager for the 
 
          9   Noveon plant.   
 
         10              Through my work experience, I have interfaced 
 
         11   with all the processes affected by the current NPDES 
 
         12   permit appeal and Petition for an Adjusted Standard.  A 
 
         13   little background on the plant, the Henry plant site was 
 
         14   established in 1958 by BF Goodrich as a chemical process 
 
         15   facility manufacturing rubber chemicals for the rubber 
 
         16   industry.  The site was selected by BF Goodrich 
 
         17   initially due to its unique location and proximity to 
 
         18   the Illinois River, Rock Island Railroad System, state 
 
         19   highway system, electrical power resources, the natural 
 
         20   gas resources, the water resources, and the positive 
 
         21   work ethic of the local rural population.   
 
         22              The property was purchased adjacent to land 
 
         23   owned by Rohm and Haas.  Since 1958 the plant has 
 
         24   expanded and changed so that two separate companies, 
 
 
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                                                                       21 
 
 
 
          1   Noveon, Incorporated, and PolyOne now coexist at the 
 
          2   same site.  PolyOne manufactures polyvinyl chloride 
 
          3   products and was created as a separate entity in 1993 
 
          4   when BF Goodrich spun the Geon Vinyl division off and 
 
          5   created a separate publicly traded company, the Geon 
 
          6   Company.  In 2001, Noveon, Incorporated, was created 
 
          7   when BF Goodrich sold the remainder of its chemical 
 
          8   operations to a private investment group.   
 
          9              The facility has a utility operation that 
 
         10   serves both sides of the plant.  The utility operation 
 
         11   consists of boiler operation, water treatment process 
 
         12   and a complex wastewater treatment system that serves 
 
         13   both sides on site.  The boiler operation is owned and 
 
         14   operated by PolyOne, while the water treatment and the 
 
         15   waste treatment systems are owned and operated by 
 
         16   Noveon.   
 
         17              In 1985 with the assistance of the State of 
 
         18   Illinois, BF Goodrich constructed a state-of-the-art 
 
         19   circulating fluid bed coal fire boiler for $21 million 
 
         20   that is capable of burning Illinois high sulfur coal 
 
         21   environmentally clean.  This boiler has been in 
 
         22   operation for the past 17 years consuming high sulfur 
 
         23   Illinois coal and supporting many jobs in the Illinois 
 
         24   coal industry.  The state-of-the-art wastewater 
 
 
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                                                                       22 
 
 
 
          1   treatment system is owned and operated by Noveon 
 
          2   providing wastewater treatment for both companies' 
 
          3   wastewater processes.              
 
          4              A little bit of information about our 
 
          5   products.  The Noveon facility currently produces 
 
          6   antioxidants and accelerators for the rubber and the 
 
          7   plastics industry and employs 75 people.  Recently the 
 
          8   facility has added personal care and Carboset products 
 
          9   to its mix of products.  The antioxidants and the 
 
         10   accelerators are the salt and pepper chemicals used in 
 
         11   the production of rubber and plastics.  In other words, 
 
         12   the chemicals are used in small amounts to provide very 
 
         13   key effects for the rubber and plastics industry.  
 
         14   Without antioxidants present, and such articles such as 
 
         15   rubber bands, the rubber band as it expands and 
 
         16   contracts will develop holes in the rubber and it will 
 
         17   quickly break.  This concept applies to tires as they 
 
         18   support a vehicle and they roll down the road.  Tires 
 
         19   could not function safely without antioxidants.  One of 
 
         20   our products called Geltrol is even approved for food 
 
         21   grade applications such as baby bottle nipples.   
 
         22              The accelerator products are used in the 
 
         23   manufacture of specific rubber tires in such a way that 
 
         24   the vulcanizing process does not require 8 or 10 hours, 
 
 
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                                                                       23 
 
 
 
          1   but it accelerates that curing action so that radial 
 
          2   tires can be cured evenly in less than 30 minutes.  In 
 
          3   practical terms this means a tire that's going to cost 
 
          4   less and last longer.   
 
          5              In light of the competitiveness of the rubber 
 
          6   industry, the company more recently has been expanding 
 
          7   its product base to include personal care products and 
 
          8   Carboset products that impact less competitive markets 
 
          9   and have new product and better growth marketing 
 
         10   potentials.   
 
         11              A little background on PolyOne products.  The 
 
         12   PolyOne facility produces specialty polyvinyl chloride 
 
         13   resins for niche, and specialty markets and the flooring 
 
         14   industry and has an employment of approximately 100 
 
         15   people.  The resins produced by PolyOne have a myriad 
 
         16   number of applications including the wear layer which is 
 
         17   the top layer of resilient floors; the support base of 
 
         18   the resilient floor, which is the bottom layer; 
 
         19   protective coating of cans used for food processing and 
 
         20   vinyl wallpaper, to name just a few.   
 
         21              Each of the companies plays a major role in 
 
         22   supporting the local economy through payment of wages, 
 
         23   purchase of materials locally, and the payment of real 
 
         24   estate taxes.  PolyOne pays approximately $128,000 a 
 
 
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                                                                       24 
 
 
 
          1   year while Noveon pays approximately $142,000 a year.   
 
          2              On an annual basis, each company supports a 
 
          3   payroll including benefits of $8.2 million for PolyOne 
 
          4   and $6.2 million for Noveon.  These payrolls provide the 
 
          5   economic energy that help support the community of 
 
          6   Henry, which has about a population of 2,200 as well as 
 
          7   local businesses within Marshall County and elsewhere.  
 
          8   The average hourly rate for a chemical operator working 
 
          9   at the site is approximately $22 an hour.  During a 
 
         10   grand awards ceremony for PolyOne, as an aide to Robert 
 
         11   Michel, U.S. Representative, Ray LaHood said, "This 
 
         12   company is like the Caterpillar of Marshall County in 
 
         13   the jobs it provides and the stability it provides to 
 
         14   the community.  Typical economic models indicate that 
 
         15   for every job created by Noveon's type of industry, six 
 
         16   jobs are created as a result, to support its overall 
 
         17   production activities. 
 
         18        Q     Excuse me, Mr. Giffin, I'm going to show you 
 
         19   what's been marked as Petitioner's Exhibit Number 1 in 
 
         20   the Adjusted Standard proceeding.   
 
         21        A     All right. 
 
         22        Q     Have you seen this before? 
 
         23        A     Yes, I have. 
 
         24        Q     Can you tell us what that is, what that 
 
 
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          1   represents? 
 
          2        A     This is a block flow diagram of the Noveon 
 
          3   wastewater treatment system. 
 
          4        Q     Is that a true and accurate representation  
 
          5   of the wastewater treatment system? 
 
          6        A     Yes, it is. 
 
          7        MR. LATHAM:  I'd like to move that this be 
 
          8   admitted.  It's Petitioner's first exhibit.   
 
          9        HEARING OFFICER HALLORAN:  Ms. Williams?   
 
         10        MS. WILLIAMS:  I have no objection to Petitioner's 
 
         11   Exhibit Number 1.   
 
         12        HEARING OFFICER HALLORAN:  Petitioner's Exhibit 
 
         13   Number 1 is admitted.   
 
         14        A     Okay.  The facility's wastewater treatment 
 
         15   system, referring to Exhibit 1, serves both companies on 
 
         16   site.  It consists of wastewater storage tanks for each 
 
         17   company that feed a primary treatment system consisting 
 
         18   of pH control, flocculent addition and clarification.  
 
         19   The clarified wastewater is then fed to a secondary 
 
         20   treatment system consisting of an activated sludge 
 
         21   system involving four separate biotreaters which total 2 
 
         22   million gallons.  And then to a clarifier designed to 
 
         23   remove and recycle the activated sludge back to the 
 
         24   biotreaters.   
 
 
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          1              The clarified effluent is finally fed to a 
 
          2   tertiary treatment system consisting of two traveling 
 
          3   bed sand filters.  In addition to this system, 
 
          4   additional wastewaters, including noncontact water from 
 
          5   the water treatment system, the boiler operation, and 
 
          6   storm water runoff, are collected in separate ponds 
 
          7   where they are neutralized and are either fed back into 
 
          8   the wastewater treatment system or to a Parkson sand 
 
          9   filter for solids removal, combined with the wastewater 
 
         10   treatment effluent and discharged to the Illinois River 
 
         11   through a single port discharge pipe.   
 
         12              The wastewater treatment system has undergone 
 
         13   a number of improvements throughout the life of the 
 
         14   facility.  In 1972 the primary and the secondary systems 
 
         15   which consist of about 800 gallons of aeration pond were 
 
         16   installed.  The secondary system was changed in 1987 and 
 
         17   1988 to above-ground aeration tanks which consist of 
 
         18   about one million gallons of aeration, and a sludge 
 
         19   removal system was added at that time.  An initial 
 
         20   tertiary sand filter system was installed in 1989.  This 
 
         21   tertiary filtering system was expanded to a second sand 
 
         22   filter in 1992.  Additionally, aeration of approximately 
 
         23   one million gallons was added to the system in 1997 to 
 
         24   provide more complete treatment of the wastewater 
 
 
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          1   organic load to the system.   
 
          2              During the time between 1990 and the present, 
 
          3   many studies were conducted to evaluate methods for 
 
          4   removing the ammonia-nitrogen from the plant effluent.  
 
          5   The Noveon processes do not discharge any significant 
 
          6   ammonia-nitrogen directly to the wastewater treatment 
 
          7   system.  They do, however, discharge complex organic 
 
          8   amine chemicals to the wastewater system including 
 
          9   tertiary butyl amine and morpholine.  These materials 
 
         10   are discharged directly to the wastewater system due to 
 
         11   the unreacted portion of each chemical, or indirectly 
 
         12   due to loss of finished solid product of the wastewater 
 
         13   system.  The solid product can break back down into 
 
         14   amine-bearing byproducts.  The PolyOne processes 
 
         15   discharge a small amount of ammonia-nitrogen directly to 
 
         16   the wastewater system in the form of ammonium laurate, a 
 
         17   dispersing agent used in their polymerization reaction 
 
         18   step.  Depending on the efficiency of the current 
 
         19   activated biotreater system, the complex organic amines 
 
         20   and amine-bearing byproducts are converted to 
 
         21   ammonia-nitrogen and the ammonium from ammonium laurate 
 
         22   are discharged after treatment to the system -- to the 
 
         23   Illinois River.   
 
         24              Noveon, through its pollution prevention 
 
 
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          1   efforts, has evaluated all of its processes for 
 
          2   contributing ammonia precursors to the wastewater 
 
          3   treatment system.  Through these evaluations the 
 
          4   following source reduction activities have been pursued:  
 
          5   In 1990 a process evaluation literature search for 
 
          6   removing morpholine from the OBTS was conducted by our 
 
          7   research and development scientists. 
 
          8        Q     Mr. Giffin, I'm going to show you what's been 
 
          9   marked as Petitioner's Exhibit Number 2 in the adjusted 
 
         10   standard proceeding.  Can you take a look at that, 
 
         11   please? 
 
         12        A     Yes.  This is the OBTS morpholine recovery 
 
         13   system. 
 
         14        Q     Is that a true and accurate representation of 
 
         15   the system you evaluated? 
 
         16        A     Yes, it is. 
 
         17        Q     Thank you.   
 
          18        HEARING OFFICER HALLORAN:  Ms. Williams?   
 
         19        MS. WILLIAMS:  I don't have any objection.   
 
         20        MR. LATHAM:  I would like to move that Petitioner's 
 
         21   Exhibit Number 2 be admitted.   
 
         22        HEARING OFFICER HALLORAN:  No objection.  
 
         23   Petitioner's Exhibit Number 2 is admitted.   
 
         24              Mr. Giffin, are you going to need these 
 
 
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          1   exhibits?   
 
          2        THE WITNESS:  I may need this one.  I don't know. 
 
          3        HEARING OFFICER HALLORAN:  Okay.   
 
          4        A     Okay.  The technology identified for the 
 
          5   removal of morpholine involves a liquid/liquid 
 
          6   extraction system which is depicted in Exhibit Number 2.  
 
          7   It begins with chlorinating the unreacted morpholine to 
 
          8   a substance called N-chloromorpholine which we will call 
 
          9   NCM from this point on.  The NCM is then extracted from 
 
         10   the waste phase using an ordinary solvent such as 
 
         11   toluene.  The toluene/NCM is then separated from the 
 
         12   water using a decanting step and then converted back to 
 
         13   free morpholine and toluene using a reducing agent.  
 
         14   Since the morpholine is soluble in water, it can be 
 
         15   separated from the toluene using a decanter and then 
 
         16   recycled to the process as raw material.  The toluene is 
 
         17   then flashed in a flash pot and reused in the reactor 
 
         18   for extracting additional NCM.   
 
         19              Noveon did not proceed with this process 
 
         20   because of safety, quality control and other concerns 
 
         21   with its implementation.  These included the quality of 
 
         22   the morpholine returning to the process, the unstable 
 
         23   nature of NCM which would present a risk of 
 
         24   decomposition and explosion.  And the hazardous waste 
 
 
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          1   generated from the process.   
 
          2              In 1990 a process evaluation literature 
 
          3   search for removing tertiary butyl amine from the BBTS 
 
          4   process was conducted. 
 
          5        Q     Mr. Giffin, I would like to show you what's 
 
          6   been marked as Petitioner's Exhibit Number 3 in the 
 
          7   Adjusted Standard proceeding.  Can you take a look at 
 
          8   that for us, please? 
 
          9        A     Yes.  This is a TBA recovery system that I'm 
 
         10   about to speak to. 
 
         11        Q     Is that a true and accurate representation of 
 
         12   the TBA recovery system you are going to testify about 
 
         13   here today? 
 
         14        A     Yes, it is.   
 
         15        MS. WILLIAMS:  Can you explain a little bit?  It's 
 
         16   not a representation of something that actually has been 
 
         17   built, right? 
 
         18        A     That's correct. 
 
         19        Q     But it's something that was -- it's a system 
 
         20   that was evaluated as part of the -- as his testimony 
 
         21   will show.   
 
         22        MS. WILLIAMS:  Can he just sort of explain who did 
 
         23   the drawing?   
 
         24        A     Yeah.  The drawings have been put together by 
 
 
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          1   our R and D people back in 1990.  And as far as the 
 
          2   specific person that put them together, I do not know 
 
          3   the name.   
 
          4        MR. LATHAM:  Do you have any other questions about 
 
          5   it?   
 
          6        MS. WILLIAMS:  Was it someone that worked for 
 
          7   Noveon?  They worked for Noveon; you just don't know 
 
          8   their name? 
 
          9        A     Yes.  They were from our research and 
 
         10   development group.  As far as who put the drawings 
 
         11   together, I don't who.  But the R and D scientist,  
 
         12   C.K. Shaw, was one of the individuals that was involved 
 
         13   with that as well as one of our plant personnel named 
 
         14   Rick Bremlin.    
 
         15        MS. WILLIAMS:  I think that's fine.   
 
         16        HEARING OFFICER HALLORAN:  Petitioner's Exhibit 
 
         17   Number 3 is admitted.   
 
         18        A     This technology involves feeding the tertiary 
 
         19   butyl amine waste stream to a steam stripping column.  
 
         20   The tertiary butyl amine is condensed to a receiver and 
 
         21   used back into the reactor.  The water of the column is 
 
         22   fed to the existing wastewater treatment system.  We 
 
         23   determined that the materials of construction for the 
 
         24   column would need to be made from monel due to the high 
 
 
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          1   temperature and salt concentration.   
 
          2              In 1990 our process evaluation literature 
 
          3   search for removing morpholine from the Curite 18 
 
          4   process was conducted.   
 
          5        Q     Mr. Giffin, I would like to show you what's 
 
          6   been marked as Petitioner's Exhibit Number 4 in the 
 
          7   Adjusted Standard petition.  Can you take a look at that 
 
          8   for us? 
 
          9        A     This is a flow diagram for the Curite 18 
 
         10   morpholine return system. 
 
         11        Q     Is that a true and accurate representation of 
 
         12   the system that you are going to provide testimony about 
 
         13   today? 
 
         14        A     Yes, it is. 
 
         15        HEARING OFFICER HALLORAN:  Ms. Williams?    
 
         16        MS. WILLIAMS:  I don't think I really have any 
 
         17   objection to these.  I just want to point out they 
 
         18   weren't attached, were they, to the testimony?  I mean, 
 
         19   they are referred to as we go through, but I didn't get 
 
         20   a copy.   
 
         21        HEARING OFFICER HALLORAN:  Some of them were 
 
         22   attached. 
 
         23        MS. WILLIAMS:  Did you get them?  I didn't get 
 
         24   anything attached to mine at all.  I never got -- I 
 
 
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          1   don't think I have ever got these.    
 
          2        MR. LATHAM:  Here is a file-stamped copy. 
 
          3        MS. WILLIAMS:  I had made a note to ask him.    
 
          4        MS. DEELY:  They were originally attached.    
 
          5        MS. WILLIAMS:  I got mine in an e-mail.  If the 
 
          6   Board has gotten them, they probably came in the hard 
 
          7   packet that we got, the hard copy that came on Friday.  
 
          8   I didn't look through that.  I don't have an objection.   
 
          9        HEARING OFFICER HALLORAN:  Should have gotten them 
 
         10   on February 6th.   
 
         11        MS. WILLIAMS:  I did not.   
 
         12        HEARING OFFICER HALLORAN:  Or thereabouts.  But in 
 
         13   any event, Petitioner's Exhibit Number 4 is admitted 
 
         14   without objection.  Is that correct, Ms. Williams?   
 
         15        MS. WILLIAMS:  Yes.   
 
         16        HEARING OFFICER HALLORAN:  Thank you.   
 
         17        THE WITNESS:  Which one are we on?   
 
         18        MR. LATHAM:  I think I took your exhibit.   
 
         19        A     And this is Exhibit Number 4?  In 1990 a 
 
         20   process evaluation literature search for removing 
 
         21   morpholine from the Curite 18 was conducted.  This 
 
         22   technology as depicted by Exhibit 4 is very similar to 
 
         23   the OBTS recovery process I already reviewed.  With the 
 
         24   exception of the organic extractant which would be 
 
 
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          1   methylene chloride in this case and the need to reduce 
 
          2   the normal chloromorpholine back to morpholine.  Again, 
 
          3   the safety, quality control and other concerns would 
 
          4   remain the same as for the OBTS recovery system.   
 
          5              In 1990 a process evaluation literature 
 
          6   search for removing morpholine, mercaptobenzothiazole, 
 
          7   tertiary butyl amine, and other byproducts from the 
 
          8   OBTS, MBDS, BBTS and Curite 18 processes was conducted. 
 
          9        Q     I'll show you what has been marked as 
 
         10   Petitioner's Exhibit Number 5 in the Adjusted Standard 
 
         11   proceeding.  Can you take a look at that and tell us 
 
         12   what that is?   
 
         13        A     This is the flow diagram for the accelerated 
 
         14   pretreatment system that I am about to describe. 
 
         15        Q     Is that a true and accurate representation of 
 
         16   the system you are going to give testimony about today? 
 
         17        A     Yes, it is. 
 
         18        MR. LATHAM:  I move that that be admitted.   
 
         19        HEARING OFFICER:  Ms. Williams?   
 
         20        MS. WILLIAMS:  Oh, I have no objection, I'm sorry.   
 
         21        HEARING OFFICER HALLORAN:  It's admitted.  
 
         22   Petitioner's Exhibit Number 5 is admitted.   
 
         23        A     This technology uses acidification for 
 
         24   pretreating all of the accelerator streams.  The process 
 
 
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          1   involves collecting all of the streams and acidifying to 
 
          2   a pH of 1, followed by neutralization to a pH of 7 and 
 
          3   subsequent extraction of the organics using an organic 
 
          4   solvent such as isopropanol and a liquid/liquid 
 
          5   extractor.  The solvent organic waste stream is then fed 
 
          6   to a flash pot where the solvent is stripped off and the 
 
          7   organic tars are collected for disposal.  The solvent is 
 
          8   repurified and reused.  In this treatment scenario none 
 
          9   of the organic tars would be suited for reuse in the 
 
         10   process.  Significant research and development would be 
 
         11   needed to develop this treatment further.  Safety, 
 
         12   environmental and other concerns with this pretreatment 
 
         13   involve the potential generation of carbon disulfide, 
 
         14   which has an auto ignition of 200 degrees Fahrenheit, 
 
         15   the amount of hazardous waste that would be generated 
 
         16   and the high levels of total dissolved solids to the 
 
         17   waste treatment system.   
 
         18              In 1994 the MBDS process was started up at 
 
         19   the Henry plant.  Since it also used morpholine as a raw 
 
         20   material, a process evaluation literature search for 
 
         21   removing morpholine from MBDS process was conducted.  
 
         22   Due to the similarity of this process and the OBTS 
 
         23   process, it was determined that the same literature 
 
         24   search and evaluation of potential treatments would be 
 
 
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                                                                       36 
 
 
 
          1   applicable for the morpholine as for the OBTS process, 
 
          2   which I have already described.   
 
          3              In 1996 Noveon spent more than $700,000 to 
 
          4   install a new BHS filter system improving significantly 
 
          5   the dewatering of the BBTS and the Curite 18 streams and 
 
          6   reducing loss of solids to the waste treatment system.  
 
          7   The BHS system technology relies on a series of plates 
 
          8   with a filter cloth media that are located on the outer 
 
          9   circumference of a rotating hub.  Each plate goes 
 
         10   through a fill step, which we call filtration, two wash 
 
         11   steps, an air blow step, and a cake discharge step.   
 
         12              Prior to returning to a fill step, it goes 
 
         13   through a cloth cleaning step.  Due to the nature of the 
 
         14   technology, solids removal is very efficient and very 
 
         15   dependent upon the nature of the cloth collecting the 
 
         16   product.  As a result of this improvement, the process 
 
         17   efficiency increased by 47 pounds per charge and reduced 
 
         18   the amount of BBTS to the wastewater treatment system by 
 
         19   100,000 pounds annually in 1997 and continues today at 
 
         20   this rate.   
 
         21              Based on summer work in 2000 and 2001 
 
         22   performed by several of Noveon's P2 intern students, 
 
         23   specifically, Rebecca Forbeck and Adam Lock, under the 
 
         24   Illinois EPA's pollution prevention program, Noveon 
 
 
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          1   optimized the filtration media of its BHS rotary filter 
 
          2   media.  With this improvement, the better capture of the 
 
          3   accelerator product occurred as it was processed through 
 
          4   the filtration operation, reducing 66,000 pounds per 
 
          5   year of product, of BBTS, to the waste treatment system.  
 
          6              In addition to this work, efforts were 
 
          7   conducted to improve loss of product from the BBTS fines 
 
          8   scrubber used to prevent particulate emissions to the 
 
          9   air from the fluid bed dryer.  Through Noveon 
 
         10   engineering efforts and also some later work done by the 
 
         11   2002 P2 intern student, Crystal Johnson, fines loss to 
 
         12   the wastewater treatment system was reduced further 
 
         13   using a polymer coagulant that improved the collection 
 
         14   and the processing of small particles back to the BHS 
 
         15   rotary filter, reducing by 123,000 pounds per year the 
 
         16   amount of BBTS small particles or fines to the 
 
         17   wastewater treatment system.   Noveon was recognized for 
 
         18   this effort by the Illinois EPA and IWMRC with the 15th 
 
         19   Annual 2002 Governor's Award for Pollution Prevention.   
 
         20              Finally, in 2003, Noveon's engineers 
 
         21   optimized the tertiary butyl amine recovery system by 
 
         22   linking the vacuum control valve of the recovery system 
 
         23   to the major heat load on the tertiary butyl amine 
 
         24   recovery condenser.  As a result of providing greater 
 
 
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          1   vacuum control, the tertiary butyl amine recovery was 
 
          2   improved by five percent and reduced losses to the 
 
          3   wastewater treatment system by 185,000 pounds per year.   
 
          4   Noveon received -- was recognized for this effort by the 
 
          5   17th Annual Governor's P2 Award.   
 
          6              As already mentioned, the above activities 
 
          7   represent source reduction activities investigated or 
 
          8   completed by the plant to reduce ammonia precursors to 
 
          9   the waste treatment system.  As most environmental 
 
         10   engineers recognize, the best starting point to solve a 
 
         11   waste issue is through source reduction.  Noveon has 
 
         12   made extensive efforts to reduce the ammonia in the 
 
         13   wastewater and expended a great deal of money and time 
 
         14   to reduce solids and liquid losses to the waste 
 
         15   treatment system.   
 
         16              In light of the Illinois EPA's treatment 
 
         17   criteria, the plant conducted a number of in-house 
 
         18   activities to determine whether there were appropriate 
 
         19   end-of-pipe options for reducing ammonia discharge from 
 
         20   its wastewater treatment facility.  More complete 
 
         21   evaluation of these activities will be provided by our 
 
         22   consultant, Houston Flippin, of Brown and Caldwell.  
 
         23   However, I would like to discuss several of the 
 
         24   assessments that were completed online as a full-scale 
 
 
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          1   experiment within the current wastewater treatment 
 
          2   system.   
 
          3              In 1997 and in 1999 the Noveon plant 
 
          4   conducted a pretreatment experiment for several months 
 
          5   of the PC waste stream.  The pretreatment involved 
 
          6   lowering the pH of this stream using ferric chloride and 
 
          7   the precipitation and removal of solids prior to 
 
          8   neutralizing the stream and feeding the effluent back to 
 
          9   the rest of the wastewater treatment system, namely, the 
 
         10   primary, secondary and tertiary treatment system.  
 
         11   Noveon incurred a monthly cost of approximately $40,000 
 
         12   to evaluate the effects of solids removal at a lower pH.  
 
         13   The effluent showed a 25 percent COD reduction along 
 
          14   with a reduction in mercaptobenzothiazole, which was 
 
         15   approximately 50 percent.  In spite of this treatment 
 
         16   the system did not show any evidence of nitrification in 
 
         17   the biotreaters.  The above experiments involve renting 
 
         18   equipment including tanks, a plate and frame press, 
 
         19   flocculators, and providing contract labor to run the 
 
         20   system 24 hours a day.   
 
         21              During the summer of 2000 the Noveon plant 
 
         22   conducted full-scale aeration studies of air stripping 
 
         23   for various effluents through the modification of the 
 
         24   east biotreater that had been taken out of normal 
 
 
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          1   biological service and converted to a temporary air 
 
          2   stripper using its normal air diffusion system and 
 
          3   floating aerators and also by the installation of a 
 
          4   floating aerator in the Noveon waste tank or the PC 
 
          5   tank.  These modifications were estimated to cost 
 
          6   approximately $50,000.  The following trials were 
 
           7   conducted:  Aeration of the primary clarifier effluent 
 
          8   resulted with the aeration was unable to reduce the 
 
          9   ammonia-nitrogen below 110 milligrams per liter.  Also 
 
         10   we were not able to control the pH to the desired level 
 
         11   due to the method of cost and condition.  In this study 
 
         12   we also evaluated a 10-horsepower and 100-horsepower 
 
         13   surface aerator during this experiment.   
 
         14              The second trial that we evaluated was the 
 
         15   aeration of Noveon waste stream, specifically, for the 
 
         16   PC tank.  A 100-horsepower surface aerator was installed 
 
         17   in the PC tank and the tank influent and effluent was 
 
         18   characterized for TKN removal, morpholine removal, 
 
         19   tertiary butyl amine removal.  The outcome was that TKN 
 
         20   was reduced during the trial as was the tertiary butyl 
 
         21   amine; however, there was no morpholine removal.  All of 
 
         22   these experiments had many variables that could not be 
 
         23   controlled due to the evaluation being conducted on a 
 
         24   full production sized scale.   
 
 
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          1              The above trials were stopped due to the 
 
          2   difficulty of controlling pH and also due to production 
 
          3   demands.  Again, the testimony of Houston Flippin will 
 
          4   more fully address the potential of air stripping 
 
          5   ammonia from the Noveon wastewaters.   
 
          6              And in conclusion, in light of all the above 
 
          7   source reduction and end-of-pipe activities conducted by 
 
          8   the plant, the plant has determined that there is no 
 
          9   silver bullet that will allow its wastewater treatment 
 
         10   system to comply with the three milligram and six 
 
         11   milligram ammonia standard that the Illinois EPA is 
 
         12   attempting to impose by application of 35 Illinois 
 
         13   Administrative Code, paragraph 304.122.  Due to the 
 
         14   ubiquitous nature of the ammonia precursors located 
 
         15   throughout the facility, no single pretreatment lends a 
 
         16   final feasible solution.  The various treatments studied 
 
         17   in 1990 are extremely expensive to install and operate, 
 
         18   and, in many cases, would result in environmental 
 
         19   impacts of far more concern than the facility's current 
 
         20   discharge.  That concludes my testimony. 
 
         21        MR. LATHAM:  Thank you.  Mr. Hearing Officer, now 
 
         22   that he has read his written testimony into record, I 
 
         23   would like to move that we admit this as part of the 
 
         24   record and our Petitioner's Exhibit Number 6 in the 
 
 
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          1   Adjusted Standard proceeding.   
 
          2        HEARING OFFICER HALLORAN:  Ms. Williams?   
 
          3        MS. WILLIAMS:  No objection.    
 
          4        HEARING OFFICER HALLORAN:  That will be admitted as 
 
          5   Petitioner's Exhibit Number 6.  Anything further, 
 
          6   Mr. Latham?        
 
          7        MR. LATHAM:  I have nothing further.   
 
          8        HEARING OFFICER HALLORAN:  Ms. Williams?   
 
          9                      CROSS-EXAMINATION 
 
         10                       BY MS. WILLIAMS: 
 
         11        Q     Mr. Giffin, if I understand your testimony, 
 
         12   for the period of about 1983 to 1992, you were working 
 
         13   for the Geon portion of the Henry plant; is that 
 
         14   correct? 
 
         15        A     Actually, it was about 1978 until 1980.  '82 
 
         16   or '83, when I became the plant engineer, I was over the 
 
         17   entire facility. 
 
         18        Q     When did you come to Noveon? 
 
         19        A     I came back to Noveon being the plant 
 
         20   engineer of the facility which included both PolyOne and 
 
         21   Polymer Chemicals and Noveon.  And under that 
 
         22   responsibility, I had the wastewater treatment system. 
 
         23        Q     And it wasn't until 2001 that the actual 
 
         24   Noveon Corporation was created; is that correct? 
 
 
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          1        A     In 1993, that was when Geon became -- was 
 
          2   spun off as a separate company and then Noveon was 
 
          3   separated when it became Noveon in 2001. 
 
          4        Q     Was there a parent company to Noveon? 
 
          5        A     Noveon is the company. 
 
          6        Q     On page 4 I think there is some discussion 
 
          7   about this famous quote from Mr. LaHood who was a 
 
          8   staffer at that time.  And you talk about how it was 
 
          9   given at an awards ceremony.  Can you tell us a little 
 
         10   bit more about the grant award you mentioned there? 
 
         11        A     This was the grant award ceremony for PolyOne 
 
         12   which was our sister plant, and I was not present. 
 
         13        Q     Okay.  You missed the famous quote? 
 
         14        A     I borrowed the quote. 
 
         15        Q     But the grant was to pay for what? 
 
         16        A     At that time I think the grant was used to 
 
         17   pay for training.  I'm not certain exactly what the 
 
         18   grant was used to pay for. 
 
         19        Q     So this wasn't related to the boiler that you 
 
         20   talked about? 
 
         21        A     No, it was not. 
 
         22        Q     So that was separate? 
 
         23        A     That was separate from the boiler.  There was 
 
         24   a separate funding from the State of Illinois for the 
 
 
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          1   boiler. 
 
          2        Q     I see.  So that was a state grant that paid 
 
          3   for the boiler versus a federal grant? 
 
          4        A     That's correct. 
 
          5        Q     And that boiler is also used to power the 
 
          6   Noveon process; is that correct? 
 
          7        A     That boiler is used to provide steam for both 
 
          8   PolyOne and also for Noveon. 
 
          9        Q     And so if I understand it correctly, the 
 
         10   State helped finance this boiler that PolyOne runs that 
 
         11   provides power to both plants, and then Noveon runs the 
 
         12   wastewater treatment side of it which also provides 
 
         13   treatment to both plants; is that correct? 
 
         14        A     That's correct. 
 
         15        Q     Can you tell us about how much PolyOne 
 
         16   contributes to the cost of that utility service?   
 
         17        MR. LATHAM:  Which service?   
 
         18        Q     The wastewater treatment service that Noveon 
 
         19   provides.   
 
         20        A     It's based on the amount of influent from 
 
         21   each company.  And their part is somewhere around 55 
 
         22   percent. 
 
         23        Q     So if they -- when it talks  
 
         24   about, someplace, I think, in your testimony -- but if 
 
 
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          1   we say, for example, that PolyOne is contributing 60 
 
          2   percent of the effluent at times they would be paying 60 
 
          3   percent of the cost of operating the wastewater 
 
          4   treatment facility? 
 
          5        A     It's a much more complicated equation that's 
 
          6   based on the amount of suspended solids in the flow and 
 
          7   their organic load, and that is all factored into 
 
          8   determining their contribution of each company. 
 
          9        Q     Do you know if there is going to be any 
 
         10   information provided by any of the other witnesses as to 
 
         11   what those figures have resulted in? 
 
         12        A     Not to my knowledge.  I don't know. 
 
         13        Q     And, also, you state in your prefile 
 
         14   testimony that you read for us that Noveon employs about 
 
         15   75 people? 
 
         16        A     That's correct. 
 
         17        Q     And in the Petition for Adjusted Standard it 
 
         18   had said 85 people.  Does that reflect a reduction 
 
         19   between the time that the Adjusted Standard was filed 
 
         20   and as we sit here today? 
 
         21        A     Yes, it does. 
 
         22        Q     And so, I guess, by your figures of six jobs 
 
         23   for every one, we are talking that's 60 jobs if those 
 
         24   economists are right? 
 
 
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          1        A     That's correct. 
 
          2        Q     There are a couple of acronyms I would like 
 
          3   to ask you if there is a definition to them.  When you 
 
          4   talk about OBTS and BBTS, I don't know what the heck 
 
          5   that means.  Does it mean something that would be useful 
 
          6   to us? 
 
          7        A     Well, I could tell you what OBTS means if you 
 
          8   want to really know. 
 
          9        Q     I don't know if I do or not.  Does the Board 
 
         10   want to know that?   
 
         11        HEARING OFFICER HALLORAN:  The Board may want to 
 
         12   know.        
 
         13        MR. LATHAM:  Yes.  Why don't you go ahead and tell 
 
         14   us what OBTS is.   
 
         15        A     OBTS is N-oxydiethylene, 2 benzothiazole 
 
         16   sulfonamine. 
 
         17        Q     Thank you.  I think I like OBTS better.   
 
         18        A     We do, too. 
 
         19        Q     How about the BBTS? 
 
         20        A     BBTS is N-tert-butyl, 2 benzothiazole 
 
         21   sulfonamine.   
 
         22        HEARING OFFICER HALLORAN:  Just for the record, the 
 
         23   witness is reading from his palm pilot. 
 
         24        Q     What you call the source reduction efforts, I 
 
 
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          1   guess, what they are termed in the testimony, you list 
 
          2   several things and the number 2, I guess, it is on page 
 
          3   7 -- it also corresponds with Exhibit 3 -- appear to be 
 
          4   one to me that I didn't hear a conclusion from you as to 
 
          5   why it wasn't implemented? 
 
          6        A     The BBTS process does have a stripping column 
 
          7   that we utilize.  The stripping column currently used is 
 
          8   of much smaller size than what we would need to do the 
 
          9   entire stream.  But what we did do from the pollution 
 
         10   prevention standpoint was to try to maximize that system 
 
         11   without replacing the whole unit which would have been 
 
         12   very, very expensive.  And so that's -- 
 
         13        Q     So does that correlate to some of the 
 
         14   activity you talk about later on in 6 and 7? 
 
         15        A     Yeah.  The last one we did in 2003. 
 
         16        Q     That's very helpful.  And with regard to 
 
         17   those, the last 6, 7 and 8, I guess, the last three 
 
         18   projects you talk about, they both provide -- 
 
         19        MR. LATHAM:  On page 9 and 10?   
 
         20        Q     Yes.  On pages 9 and 10.  They all provide 
 
         21   figures of a poundage that was recovered from the 
 
         22   different -- I think it was 100,000 plus 66,000 plus 
 
         23   123,000 plus 185,000.  I assume those are all separate 
 
         24   additional reductions? 
 
 
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          1        A     That's correct. 
 
          2        Q     Are you able, at all, to quantify whether 
 
          3   there has been any reduction in ammonia levels based on 
 
          4   those? 
 
          5        A     No.  I have not been able to. 
 
          6        Q     I would like you to take a look at Exhibit 5.  
 
          7   Up in the upper left-hand corner of this flow diagram 
 
          8   you show flow rates going into the tank in gallons per 
 
          9   minute? 
 
         10        A     Yes. 
 
         11        Q     The numbers are not adding up for me here.  
 
         12   You have 10, 25, 55, 55 and then you have a total of 
 
         13   about 90.  Can you explain that? 
 
         14        A     I'm not sure.  Oh, in regard to the 90 
 
         15   gallons per minute?   
 
         16        Q     I get something like 145 if you add all those 
 
         17   together.   
 
         18        A     What that represents is when any one of those 
 
         19   processes is operating, that's what it's capable of 
 
         20   putting out.  But not all of the processes are able to 
 
         21   run simultaneously.  So, typically, they react; the 
 
         22   product mix would be approximately 90 gallons per 
 
         23   minute. 
 
         24        Q     Is there a maximum that the system can 
 
 
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          1   handle? 
 
          2        A     It was not -- 
 
          3        Q     This -- 
 
          4        A     It was not perfected to that point. 
 
          5        Q     I guess I'm just trying to get some more 
 
          6   information to understand these flow figures in general.  
 
          7   Just based on this limited exhibit, which maybe isn't a 
 
          8   good representation of where we get the flow figures in 
 
          9   general, but that's something that we will try and 
 
         10   develop further in some of the additional testimony. 
 
         11                    (Pause in proceedings.)  
 
         12        Q     I see another acronym.  How about BHS?  BHS 
 
         13   filter is what it says.   
 
         14        HEARING OFFICER HALLORAN:  What page are you on? 
 
         15        THE WITNESS:  That's on 9.   
 
         16        MR. LATHAM:  Top of page 9.   
 
         17        A     I don't know what the -- what that translates 
 
         18   to.  It's a German filter that we brought over from 
 
         19   Germany, the technology was German. 
 
         20        Q     So it stands for something in German; is that 
 
         21   what you are telling us? 
 
         22        A     It stands for something that was carried with 
 
         23   equipment in, without interpretation. 
 
         24        Q     In Number 8 you talk about the fact that you 
 
 
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          1   were able to reduce the TBA recovery by 5 percent which 
 
          2   equated to 185,000 pounds per year, correct? 
 
          3        A     That is correct. 
 
          4        Q     So would it be correct to -- if the total 
 
          5   then would be the remaining 95 percent, we equate to a 
 
          6   total of how much TBA is in the system? 
 
          7        A     I would expect that. 
 
          8        Q     Rick has done some quick figures here. 
 
          9              So, I mean, obviously, I don't know if you 
 
         10   have a calculator, but I can see if this sounds about 
 
         11   right to you.  Rick's calculations showed you were able 
 
         12   to reduce by about 506 pounds per day; and if that was 5 
 
         13   percent of the total output, that would equate to a 
 
         14   total of about 10,000 pounds per day of TBA.  Does that 
 
         15   seem in the ballpark? 
 
         16        A     I would have to review that further to 
 
         17   remember. 
 
         18        Q     With your knowledge of the plant process, 
 
         19   does 10,000 pounds per day seem roughly in the ballpark 
 
         20   of what you would be using a day? 
 
         21        A     10,000 pounds per day of tertiary butyl 
 
         22   amine?   
 
         23        Q     Yes.   
 
         24        A     I really can't comment on it. 
 
 
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          1        Q     But this is the stuff that's going through 
 
          2   the system to the wastewater?  The remaining 95 percent 
 
          3   what's going through the system to the wastewater? 
 
          4        A     The TBA recovery would be the total amount of 
 
          5   TBA that was fed to it and that it improved the 
 
          6   efficiency of that TBA recovery by 5 percent.  And as 
 
          7   far as the -- what was actually going to the waste 
 
          8   treatment, I would have to have some other data before 
 
          9   me before I could calculate that. 
 
         10        Q     What kind of data would help one calculate 
 
         11   that? 
 
         12        A     I would have to know what the input of that 
 
         13   is.   
 
         14        Q     So in front of you today you don't have that? 
 
         15        A     No, I don't. 
 
         16        Q     You talk about in 1997 -- on page 11, the 
 
         17   testing of the pretreatment on the PC waste stream? 
 
         18        A     Yes, ma'am. 
 
         19        Q     Can you tell us whether there was adequate 
 
         20   alkalinity and oxygen supplied during that test to 
 
         21   achieve nitrification? 
 
         22        A     Again, I think I'll probably let Houston 
 
         23   testify to that.  But in one of the other cases -- and I 
 
         24   think it was in the 1999 one -- we actually shipped in 
 
 
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          1   nitrifiers at the end of the experiment to determine 
 
          2   whether we could kick off nitrification in our system.  
 
          3   At that point in time we did have adequate oxygen and 
 
          4   whatever alkalinity that was in the system that would 
 
          5   support the some nitrification. 
 
          6        Q     Do you know what it is about the waste stream 
 
          7   that causes problems with the efficiency of oxygen? 
 
          8        A     With the efficiency of oxygen?   
 
          9        Q     With the efficiency of oxygen transfer.   
 
         10        A     Not -- I don't personally know.  It's just 
 
         11   the nature of the -- our waste.  Again, I think Houston 
 
         12   will testify concerning the alpha level of the oxygen 
 
         13   transfer. 
 
         14        Q     But you don't know what this alpha -- 
 
         15        A     Why it's different, no, I don't know. 
 
         16        Q     When you state in that same paragraph that in 
 
         17   spite of the treatment the system did not show evidence 
 
         18   of nitrification.  What did you look to to determine 
 
         19   that? 
 
         20        A     At that point in time they would sample the 
 
         21   effluent to determine that, if there was any reduction 
 
         22   in ammonia and any presence of nitrates or nitrites. 
 
         23        Q     They would sample the final effluent? 
 
         24        A     Yes. 
 
 
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           1        Q     Just a couple more things.  On page 5 you 
 
          2   talk about the addition in 1997 of an additional -- it 
 
          3   looks like one million gallons of aeration? 
 
          4        A     That's correct. 
 
          5        Q     And you state that this was in order to 
 
          6   provide more complete treatment of the wastewater.  
 
          7   Isn't it true that this was installed because of a new 
 
          8   process in addition that was being added to the PC waste 
 
          9   stream? 
 
         10        A     Actually, it was installed as a result of 
 
         11   increased productivity in some of our processes.  And we 
 
         12   were trying to make sure that we had sufficient aeration 
 
         13   volume to handle any waste load that was created from 
 
         14   that incremental increase. 
 
         15        Q     So you were producing more product at that 
 
         16   time; is that correct? 
 
         17        A     That's correct. 
 
         18        Q     And this was added to keep you at the status 
 
         19   quo as opposed to really -- 
 
         20        A     That was to ensure that we complied with our 
 
         21   BOD(5) and our suspended solids. 
 
         22        Q     At the very end of your testimony you state 
 
         23   that the plant has determined there is no silver bullet 
 
         24   to allow it to comply with 3 milligrams per liter and 6 
 
 
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          1   milligrams per liter.  Do you have an opinion on what 
 
          2   limits the plant's capability? 
 
          3        A     No, I don't. 
 
          4        MS. WILLIAMS:  That's all I have.   
 
          5        HEARING OFFICER HALLORAN:  Thank you, Ms. Williams.  
 
          6   Mr. Latham, any redirect?   
 
          7        MR. LATHAM:  Just one quick question.   
 
          8                     REDIRECT EXAMINATION 
 
          9                        BY MR. LATHAM: 
 
         10        Q     You were asked about the source reduction 
 
         11   efforts on pages 9 and 10, and whether you could 
 
         12   quantify any ammonia reduction as a result of those 
 
         13   source reduction efforts.  Can you tell us why you did 
 
         14   not or could not quantify what the ammonia reductions 
 
         15   were with any results of those source reduction efforts? 
 
         16        A     The products themselves are amine-bearing.  
 
         17   So that if you do lose a pound of the product to the 
 
         18   wastewater system -- the question is whether it remains 
 
         19   as a product or whether it gets broken down back into  
 
         20   precursors that could contribute to ammonia.  So we 
 
         21   don't really have any way of measuring that.  If it 
 
         22   stays as a product, then when it goes to the primary 
 
         23   waste treatment system, it's removed as a solid.  And 
 
         24   it's removed as a solid with amine content.  So, 
 
 
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          1   therefore, that solid is removed along with the amine. 
 
          2              If it gets broken down, then there may be a 
 
          3   solids contribution, but there may be a free amine in 
 
          4   the water that would go into the waste treatment system 
 
          5   and the biotreater system and then at that point in time 
 
          6   it would contribute to the ammonia-nitrogen in the 
 
          7   effluent.  There is no way of knowing what that ratio 
 
          8   is. 
 
          9        MR. LATHAM:  Thank you, Mr. Giffin.   
 
         10        HEARING OFFICER HALLORAN:  Ms. Williams, any 
 
         11   recross?   
 
         12                     RECROSS-EXAMINATION 
 
         13                       BY MS. WILLIAMS: 
 
         14        Q     Just along the same line, I think you just 
 
         15   explained that all you had to look at really is the 
 
         16   final effluents? 
 
         17        A     That's correct. 
 
         18        Q     Do you do that after it's combined with the 
 
         19   pond water or before? 
 
         20        A     I'm not sure exactly where the samples were 
 
         21   taken for those specific experiments. 
 
         22        MS. WILLIAMS:  Thank you.  That's all I have.   
 
         23        HEARING OFFICER HALLORAN:  Thank you, Ms. Williams.   
 
         24              Any re- redirect, Mr. Latham?   
 
 
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          1        MR. LATHAM:  No, sir.   
 
          2        HEARING OFFICER HALLORAN:  I'm terribly remiss in 
 
          3   my introduction to this Adjusted Standard Petition.  I 
 
          4   neglected to mention that our esteemed technical advisor 
 
          5   Alisa Liu is in the audience.  And I don't know if at 
 
          6   this point, Ms. Liu, do you have any questions of 
 
          7   Mr. Giffin?   
 
          8        MS. LIU:  Mr. Hearing Officer, I would just simply 
 
          9   request that we have the opportunity to retain this 
 
         10   witness to be recalled later.  Several of the things he 
 
         11   referred to will be followed up by Mr. Houston Flippin's 
 
         12   testimony.  And we would like to ask him some questions 
 
         13   related to that afterwards.    
 
         14        HEARING OFFICER HALLORAN:  Mr. Latham, any problem 
 
         15   with recalling Mr. Giffin tomorrow?   
 
         16        MR. LATHAM:  Not on our end.   
 
         17        HEARING OFFICER HALLORAN:  You know, it is getting 
 
         18   late in the day and I have given Ms. Williams some extra 
 
         19   homework to do to take a look at those documents I think 
 
         20   Mr. Kissel tendered.  I think what we will do, we will 
 
         21   call it a day.  Mr. Giffin, you can step down.  We'll 
 
         22   call it a day and I would ask that the participant 
 
         23   parties would remove their cans and bottles out of the 
 
         24   courtroom.  I think there is a trash can outside.  The 
 
 
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          1   real judge will be here tomorrow.  But in any event, 
 
          2   have a safe drive and this hearing is adjourned until 
 
          3   tomorrow at 9:00 a.m.  Thank you very much.   
 
          4    
 
          5                    (Whereupon, the proceedings adjourned 
 
          6                    at 5:20 p.m., to be reconvened at  
 
          7                    9:00 a.m., February 18, 2004.)   
 
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L.A. REPORTING     
1-800-419-3376 
 
 
 
                                                                       58 
 
 
 
          1   STATE OF ILLINOIS  ) 
                                 )  SS 
          2   COUNTY OF PEORIA   ) 
 
          3    
 
          4                   CERTIFICATE OF REPORTER 
 
          5    
 
          6              I, GALE G. EVERHART, CSR-RPR, Notary Public 
 
          7   in and for the County of Peoria, State of Illinois, do 
 
          8   hereby certify that the foregoing transcript, consisting 
 
          9   of pages 1 through 57, both inclusive, constitutes a 
 
         10   true and accurate transcript of the original 
 
         11   stenographic notes recorded by me of the foregoing 
 
         12   proceedings had before Hearing Officer Bradley P. 
 
         13   Halloran, in Peoria, Illinois, on the 17th of February, 
 
         14   A.D. 2004. 
 
         15    
 
         16    
 
         17                Dated this 25th day of February, A.D. 2004. 
 
         18    
 
         19    
 
         20                      
 
         21                        ___________________________________ 
                                        GALE G. EVERHART, CSR-RPR 
         22                          Illinois License No. 084-004217         
 
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         24    
 
 
L.A. REPORTING     
1-800-419-3376