ILLINOIS POLLUTION CONTROL BOARD
April
6,
1989
BFGOODRICU COMPANY,
Petitioner,
)
v.
)
PCB 88-117
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Respondent.
RICHARD
3.
KISSEL,
GARDNER CARTON & DOUGLAS, APPEARED ON BEHALF
OF THE PETITIONER;
KATHLEEN BASSI,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
APPEARED ON BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by 3.
Theodore Meyer):
This matter comes before the Board
upon
a petition
for
variance filed
by BFGoodrich Company (“BFGoodrich”)
on July 29,
1988,
as amended September
19,
1988.
BFGoodrich requests
variance from the requirements of
35
Ill.
Adm.
Code 304.120 and
304.141(a)
to allow BFGoodrich
to exceed
its NPDES permit
limitations for
total suspended solids
(“TSS”) and five—day
biochemical oxygen demand
(“BOD”)
during the completion and
adjustment of its new wastewater treatment system,
from July 29,
1988 until August
31,
1989.
On October
18,
1988 the Illinois Environmental Protection
Agency
(“Agency)
filed
its recommendation
to grant variance,
subject to conditions.
On October
24,
1988 BFGoodrich
filed
a
response
to the Agency’s recommendation.
BFGoodrich’s original
petition included
a statement waiving
its
right
to
a hearing,
pursuant
to Section 104.124.
Since two letters of objection
to
this variance were filed by
a member of the public,
a hearing
in
this matter was held
on February 16,
1989.
One member of the
public was present at
the hearing, but not the citizen who had
previously objected.
BFGoodrich manufactures poly vinyl chloride and polymer
chemicals at
its facility located
in Henry, Marshall County.
The
plant has a wastewater treatment
facility, providing primary and
secondary treatment of all
the plant’s wastewater
and consists of
equalization
tanks,
division
tank,
pi: imary
clarifier,
above
ground biotreaters (tanks),
sludge tanks,
settling tanks and
chlorination equipment.
Waste from
the
waste
water treatment
facility enters the Illinois River about
1,000 feet downstream of
the plant.
98—29
—2—
In
1987,
apparently in anticipation
that its existing
treatment facilities would not be able
to meet new federal
limitations, BFGoodrich began construction of a new wastewater
treatment facility in order
to upgrade
its treatment system.
BFGoodrich sought
to have as much of its treatment process
as
possible above ground
to control any leaks
and prevent
groundwater contamination,
and also sought
to achieve
a better
effluent.
Essentially,
“the project upgraded
the method of
biological treatment from an activated sludge basin with surface
aerators
to above ground biotreaters
(tanks) with diffused air
enhanced oxygen transfer with complete mixing.”
(Pet.
at
2.)
The transfer of the biological mass
to
the new biotreaters
occurred on November
9,
1987.
Subsequently, BFGoodrich has
“experienced difficulty
in acclimating the biological mass
to the
new biotreaters, which has resulted
in
a general
inability
to
consistently
comply
with
permit limits
for BOD and
TSS.”
(Agency
Rec. at
4.)
As
a
result of such difficulties,
BFGoodrich
sought,
and was granted,
a provisional variance on
January
21,
1988 for both BOD and TSS from January 21,
1988
until
March
8,
1988,
in PCB 88—20.
Pursuant
to Sections 304.120(b),
304.141(a)
and BFGoodrich’s
NPDES permit,
BFGooc3rich has
an effluent limitation of
20 mg/l
for BOD and
25 mg/l for TSS.
In its petition
for variance,
BFGoodrich
is requesting
the following effluent limitations:
for
BOD,
a daily maximum of 120 mg/l with
a monthly average of
60
mg/l;
for TSS,
a daily maximum of
70 mg/i with
a monthly average
of
35 mg/i.
These are the same effluent limitations
as
BFGoodrich’s earlier provisional variance
in PCB 88—20.
COMPLIANCE PLAN
BFCoodrich’s compliance plan includes installing:
a third
biotreater
to
increase the biological mass
for degrading
wastewater
effluent;
a
polishing
filter
to reduce TSS discharges
from its secondary clarifier;
and
a fourth rotary positive
displacement blower.
In
its original petition, BFGoodrich stated
that the above modifications would be made at the facility
in
September
of 1988
and that
the construction permit application
was
filed on July 25,
1988.
BFGoodrich anticipates,
and the
Agency agrees,
that the modifications to
the wastewater treatment
system will correct the mechanical
problems which have
complicated
the
acclimation
process
involved
in
maintaining
the
biological
mass
in
the
new
biotreaters.
HARDSHIP
AND
ENVIRONMENTAL
IMPACT
The
Acjencv’
s recommen~iation
lists
nurnerouo
act:ionu
th
BFGoodrich
has
taken
in
attempting
to
bring
its
plant
into
compliance.
These actions include
but
are
not
limited
to
the
following:
98—30
—3—
a.
reduced
flows
to the biotreaters;
b.
reuse of an old aeration basin;
c.
rental of a polishing filter;
d.
rental of
a carbon filter
system;
e.
transporting some specific organic wastewater stream
for off—site disposal;
f.
reduced operation of the plant.
(Agency
Rec.
at
5.)
The Agency also notes in
its recommendation
that
BFGoodrich
has
“expended large sums of money
to protect the
environment
in
the
interim
as
it
has
studied
remedies
for
the
unexpected
failure
of
the
biomass,
to
wit:
(a)
$900,000.00
for
new
equipment,
(b)
$5,000.00
per
month
for
rental
of
the
portable
polishing
filter,
and
(c)
$50,000.00
to $100,000.00
per month
for
rental
of the carbon filter”, as well
as the cost of reduction
in
production
instituted
to reduce flow to the biotreaters.
(Agency
Rec.
at
5,
6.)
The Agency thus states that to deny BFGoodrich
a
variance “to allow it to construct the additional capacity
in the
biotreater system followed by permanent polishing filters at
this
point would constitute
an arbitrary and unreasonable hardship.”
(Agency Rec.
at
6.)
Regarding environmental
impact, BFGoodrich asserts that
“there
will be little or
no adverse environmental impact during
the requested variance period because of the quality of effluent
expected
to be produced and the other
treatment already
provided.”
(Pet.
at
13.)
The Agency agrees that BFGoodrich’s
discharge has
a minimal
effect.
The Agency also
notes that
it
is not aware of any public water supplies which would
be
adversely
affected
by
the granting
of this variance and that the
nearest
downstream
water
supply
is
located
approximately
25
miles
downstream
in Peoria.
(Agency Rec.
at
7.)
FEDERAL
LAW
BFGoodrich’s amended petition addressed
the Board’s request
for more
information regarding whether
the granting
of this
variance
is consistent with applicable federal
law.
The applicable
federal law in this case are the effluent
limitations for the organic chemicals and plastics and synthetic
fibers category of point sources, promulgated on November
5,
1987
under
tho
federal
Clean
Water
Act.
These
federa
effluent
limitations,
which
regulate
discharge
generated
by
BFGoodrich
as
Federal
Categorical
Standards for Thermoplastic Resins and
Special
Organic
Chemicals,
take
effect March
31,
1989.
(52
Fed.
98—3
1
—4—
Reg.
42522 et
seq.,
40 C.F.R.
414.)
The effluent limitations for
those subcategories are as
follows:
Thermoplastic resins:
BOD
TSS
daily maximum
64 mg/i
130 mg/i
monthly average
24 mg/i
40 mg/i
Specialty organic materials
BOD
TSS
daily maximum
120 mg/i
183 mg/i
monthly average
45 mg/i
57 mg/i
(40C.F.R.
414.41,
414.81
(1988).)
In its amended petition,
BFGoodrich asserts that
the federal
effluent
limitations
do
not
govern
discharges
from
its plant
because
“at
the
time
of
promulgation
in
November,
1987,
the
effluent
limitations
were
made
applicable
only
to
federal
and
state
NPDES
permits
issued
after
the
date
of
promulgation”
and
that
since
its
NPDES
permit
was
issued
in
May,
1986 with
a 1990
expiration date,
it
is
not
presently
bound
by
the
federal
effluent limitations.
(Amended Pet.
at
3.)
BFGoodrich
also
points out that the effluent limitations requested
in its
variance
fall within
the federal effluent limitations, except
for
the monthly average
for BaD.
BFGoodrich states that the Board
may nevertheless grant a variance consistent
with federal law “in
order
to
complete the additions
to
the new wastewater
treatment
system
and
bring
it
into
operation.”
(Amended
Pet.
at
4.)
In
response,
the
Agency
states
that
the
monthly
average
limit
on
HOD
in
the
federal
limitations
is
applicable
only
to
the
portion
of
total
discharge
attributable
to
Thermoplastic
Resins.
The
Agency
states
that
it
does
not
have
the
information
which
would
indicate
those
percentages.
The
Agency
agrees
with
BFGoodrich
that
the
Board
may
grant
the
variance
consistent
with
federal
regulations until
and through March
30,
1989 but
recommends
that
BFGoodrich’s
average
monthly
discharge
limits
for
BOD
be
consistent
with
the
federal
limitations
from
March
31,
1989
until
the
variance
terminates
on
August
31,
1989.
BFGoodrich agreed
to
these conditions
in
its response
to
the
Agency’s recommendation.
CONCLUS ION
Based
on
the record before
it,
including
environmental
impact,
the
Hoard
finds
that
H~Coo-3r
mb
has
presented
adequot~’
proof
that
immediate
compliance
with
Section
304.120
and
Section
304.141(a)
would
impose
an
arbitrary
or
unreasonable
hardship.
For these reasons, the Board will grant the requested
relief,
subject
to conditions contained
in the following order.
98—32
—5—
The Board
notes that BFGoodrich has requested
that this
variance begin on July 29, 1988,
the day that
it filed
its
petition
for variance.
Although commencing
the variance on the
date of
filing does not allow
for the 120—day statutory decision
time—frame, the Board will backdate BFGoodrich’s variance
to July
29, 1988 under
the circumstances in this case.
BFGoodrich has
shown good compliance efforts and has also shown that mechanical
problems
in
its new wastewater treatment system were not
anticipated
and fashioning a remedy has delayed
the process.
This Opinion constitutes the Board’s
findings of
fact and
conclusions of law in
this matter.
ORDER
I.
The BFGoodrich Company is hereby granted variance for
its
Chemical
Group
plant
in
Henry,
Illinois,
from
35
Ill.
Adm.
Code
304.120(b)
and
35
Ill.
Adm.
Code
304.141(a)
(as they pertain
to five—day biochemical
oxygen
demand
(BOD)
and
total
suspended
solids
(TSS)),
subject to the following conditions:
a.
This variance begins July
29,
1988 and terminates
August
31,
1989,
or
when
effluent
compliance
is
achieved,
whichever occurs first.
b.
BFGoodrich’s discharge limits through March
30,
1989,
shall
be as follows:
BOD
TSS
(mg/i)
(mg/i)
Daily
Maximum
120
70
Monthly
Average
60
35
c.
BFGoodrich’s discharge limits
from March
31,
1989,
until
August
31,
1989,
shall
be
as
follows:
BOD
TSS
(mg/i)
(mg/i)
Daily
Maximum
64
70
Monthly
Average
24
35
unless BFGoodrich presents
to
the Agency and Board,
in
a
n’ew
variance
proceeding,
the
information
necessary
to
determine
var
tance
limits
consistent
with
the
Federal
Categorical
Standard,
based
on
percentages
of
the
total
discharge
attributable
to
each
of
the
Federal
Categories.
98—33
—6—
d.
During
the variance period, BFGoodrich
shall
operate
its wastewater
treatment facility so as to
produce
the best effluent practicable.
BFGoodrich
shall continue
to use
the rented polishing filter,
the carbon filter system as much as possible
to
accelerate construction, and provide additional
treatment to
the extent possible to meet the limits
established
in subparagraphs b and c above.
2.
Within 45 days of the granting
of this variance,
BFGoodrich
shall
execute and submit a Certificate of
Acceptance
agreeing
to be bound
to
the terms and
conditions
of
this
variance
and
shall
mail
it
to:
Illinois
Environmental
Protection
Agency
Division
of
Water
Pollution
Control
Compliance
Assurance
Section
2200
Churchill
Road,
P.O.
Box
19276
Springfield,
Illinois
62794—9276
This
variance
shall
be
void
if
Petitioner
fails
to
execute
and
forward
the
certificate
within
the
forty—
five day period.
The forty—five day period shall
be
held
in abeyance during any period that this matter
is
being
appealed.
The
form
of
said
Certification
shall
be
as
follows:
CERTIFICATION
I,
(We)
,
having
read
the
order
of
the
Illinois
Pollution
Control
Board,
in
PCB
88—117,
dated
April
6,
1989,
understand
and
accept
the
said
Order,
realizing
that
such
acceptance renders all
terms
and
conditions
thereto
binding
and
enforceable.
Petitioner
By:
Authorized
Agent
Title
Date
Section
41
of
the
Environmental
Protection
Act,
Ill.
Rev.
Stat.
1987,
ch.
1111/?,
par.
1041,
provides
for appeal
of
final
Orders
of
the
Board
within
35
days.
The
Rules
of
the
Supreme
Court
ci
Ti ii
nois
establish
filing
requirements.
IT
IS
SO
ORDERED.
98—34
—7—
I, Dorothy
M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby cer~i~ythat the above
Opin~ioqn and Order was
adopted
on
the
~~-‘
day of
______________________,
1989,
by a
vote of
7—’?
~
~,
Dorothy
M.
c~/in,
Clerk
Illinois Po~,ZutionControl Board
98—35