ILLINOIS POLLUTION CONTROL
    BOARD
    January
    22, 1976
    CITIZENS FOR A
    BETtER
    ENVIRONMENT,
    )
    an Illinois not-for-profit corporation,
    )
    Complainant,
    v
    )
    PCB 74—202
    )
    )
    UNITED STATES STEEL CORPORATION,
    )
    )
    Respondent.
    and
    UNITED STATES STEEL CORPORATION,
    )
    Petitioner,
    v.
    )
    PCB 73-62
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    CONCURRING OPINION
    (by Mr.
    Dumelle):
    By agreeing
    to the Settlement Stipulation today the Board
    brings into force the Consent Agreement entered in the Federal
    Court.
    This
    in turn makes mandatory a closed cycle treatment
    system by July
    1,
    1977.
    This
    is an objective which is highly
    desirable because it keeps metals,
    solids, cyanide and oil
    completely from. Lake Michigan which is itself
    a prime drinking
    water supply for millions of people.
    The record is not clear as to what
    is being discharged now
    to Lake Michigan.
    No water quality data are given.
    And the
    NPDES permit gives not concentrations but total daily maximum
    weight loadings which are permitted to be discharged.
    Using the flow data given
    on.
    pp. 26-27 of the NPDES Permit
    the following effluent concentrations were computed.
    19
    —
    707
    —2—
    U.S.
    STEEL EFFLUENT CONCENTRATIONS
    (mg/i)
    Daily Average
    Daily Maximum
    Effluent Standard
    Outfall 002
    (stainless department rinse, cooling, stormwater)
    flow
    =
    382 gpm
    =
    1445.87 1/mm.
    Oil and grease
    13.98 mg/i
    41.88 mg/i
    15.0 mg/i
    Suspended solids
    56.29
    149.13
    15.0
    Total
    iron
    27.28
    54.51
    2.0
    Cyanide
    0.817
    2.402
    0.025
    Outfall 003
    (process rinse, cooling, stormwater)
    flow
    =
    1080 gpm
    =
    4087.8 1/mm.
    Suspended solids
    50.14
    124.20
    15.0
    Total iron
    30.24
    61.16
    2.0
    Total copper
    0.90
    2.55
    1.0
    Total zinc
    16.74
    52.14
    1.0
    Total lead
    2.70
    7.95
    0.1
    Oil and grease
    16.75
    39.93
    15.0
    Outfall 004
    (cooling, stormwater)
    flow
    6~~pm
    =
    257.38 1/mm.
    Oil and grease
    34.26
    51.53
    15.0
    Suspended solids
    71.23
    214.49
    15.0
    Total iron
    26.98
    51.53
    2.0
    Total copper
    1.35
    4.59
    1.0
    Total
    zinc
    2.16
    6.21
    1.0
    Total lead
    4.59
    14.30
    0.1
    Outfall 006
    (cleaning house rinse,
    cooling, stormwater)
    flow
    792 gpm
    =
    2997.72 1/mm.
    Oil and grease
    20.20
    100.02
    15.0
    Suspended solids
    59.64
    178.94
    15.0
    Total iron
    48.29
    100.01
    2.0
    Total zinc
    1.39
    4.10
    1.0
    Outfall 008
    (pump house cooling water, boiler blowdown)
    flow
    =
    265 gpm
    1003.025 1/mm.
    Suspended solids
    68.19
    207.14
    15.0
    Total iron
    1.32
    3.95
    2.0
    Cyanide
    0.035
    0.10
    0.025
    Outfall 009
    (rod patenting process, cooling and storm water)
    flow
    =
    34~2gpm =1294.47 1/mm.
    Suspended solids
    60.89
    182.95
    15.0
    Total iron
    6.12
    18.78
    2.0
    Total lead
    4.08
    12.45
    0.1
    Phosphorus
    1.39
    19708
    4.24
    1.0
    —3—
    Outfalls not included in calculations
    001
    —
    stainless department, cooling,
    stormwater
    005
    —
    cooling,
    stormwater
    007
    —
    cleaning house rinse, cooling,
    stormwater
    As can be seen, some effluents are as much as
    45 times the Illinois
    effluent standard which was to have been met by December
    31,
    1973
    (see
    Outfall No.
    004 values for lead).
    Thus it might appear that Board consent to this proceeding
    is
    in effect a grant of a variance from the Illinois effluent standards.
    If it were so, then the Board should have had before it the reasons
    for US.
    Steel’s long delay in not achieving those effluent limits
    by December 31,
    1973.
    Delay
    in constructing a facility usually
    saves money.
    Operating and depreciation costs are not incurred
    until the facility is finally built.
    I do nOt feel that the decision here is
    in effect a Board variance.
    The Board is dismissing these two cases by accepting the Stipulation.
    Nothing then remains before the Board.
    Enforcement of the Board’s
    effluent standards could still be made by any citizen if proof of
    violation could be made.
    Since the Board Opinion specifically rejects
    the Attorney General’s positions when not the attorney for the Board
    no protection from further enforcement
    (i.e.
    a variance equivalent)
    is here granted.
    Since the effluent data given above are based upon the NPDES
    Permit and are not actual data,
    I cannot say that
    U.S.
    Steel is in
    fact discharging at these
    levels.
    Therefore,
    in order not to delay
    the ultimate goal of no discharge to Lake Michigan, with which
    I agree,
    I vote for the dismissal and thus to energize the Federal Consent
    Order.
    Jacob D. Dumelle
    I, Christan L. Moffett, Clerk of
    e Illinois Pollution Control Boar~
    hereby certify the above Concurring Opinion was submitted on the
    _____
    day of January,
    1976.
    Q~sta4~ec~\r
    Illinois Pollution Con
    Board
    19
    —
    709

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