ILLINOIS POLLUTION CONTROL BOARD

January 11,

1995

IN THE MATTER OF:

)

)

PETITION OF GENERAL MOTORS CORPORATION

)

R93-l3

TO AMEND 35 ILL. ADM. CODE 303.322

)

(Site-Specific

(Site-Specific Regulation for Fluoride)

)

Rulemaking)

Adopted Rule.

Final Order.

OPINION

AND ORDER

OF THE BOARD

(by E. Dunham):

This matter comes before the Board on the June 23,

1993

proposal of General Motors Corporation

(GM) for site-specific

relief from Section 303.322

(35 Ill.

Adiu. Code 303.322).

On

November 11,

1993, GM filed a motion for stay in this matter.

The Board granted the motion for stay on November 18,

1993.

The

stay was lifted on February 3,

1994.

The Board sent this

proposed rule to first notice on September 1,

1994.

The proposed

amendments were published in the Illinois Register on September

16,

1994,

at 18

Ill.

Reg.

14219.

The Board received a public

comment from GM on October 20,

1994.

The Board issued a second

notice opinion and order on November 3,

1994.

On December 13,

1994,

the Joint Committee on Administrative Rules

(JCAR)

issued a

Letter of No Objection to the proposed rule.

The Board’s responsibility in this matter arises from the

Environmental Protection Act (Act).

(415 ILCS 5/1 et

seq.

(1992).)

The Board is charged therein to “determine, define, and

implement the environmental control standards applicable in the

state of Illinois.”

(415 ILCS 5/5(b)

(1992).)

More generally,

the Board’s rulemaking charge is based on the system of checks

and balances integral to the Illinois environmental governance:

the Board bears responsibility for the rulemaking and principal

adjudicatory functions; while the Illinois Environmental

Protection Agency (Agency) has primary responsibility for

administration of the Act and the Board’s regulations.

The

latter includes administering today’s proposed regulation.

GM is seeking to modify 35 Ill. Adm. Code 303.322, which was

adopted in R78-7 on September 24,

1981, and established a site-

specific water quality standard for fluoride in the unnamed

tributary of the Vermilion River and the Vermilion River from the

juncture of the unnamed tributary to the Indiana border.

(Pet. at

1.)

GM seeks to increase the fluoride water quality standard for

the unnamed tributary and the Vermilion River from the juncture

of the unnamed tributary to a point 0.9 miles downstream of that

juncture from

5 mg/l to 10 mg/l.

(Pet.

at 2.)

A hearing in this matter was held on April 26,

1994,

in

Danville, Illinois before hearing officer Musette Vogel.

At the

hearing, GM presented three witnesses.

Mr. Jim Schifo,

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2

Environmental Manager of GM, described GM’s operations,

the

wastewater treatment system and efforts by GM to control the

fluoride discharge.

Mr. Schifo also presented testimony on the

costs for non—treatment options for compliance and presented

statistical support for the 10 mg/l standard.

Mr. James Etzel,

testified on the prior rulemaking in R78—7 and the costs of

various treatment options.

Mr. Greg Bright testified on the

studies he performed on the environmental impact of fluoride in

the unnamed tributary.

No members of the public attended the

hearing.

GM filed a post-hearing brief on May 25,

1994.

The Agency

filed a post-hearing brief on June 8,

1994.

The Agency has no

objection to GM’s petition.

BACKGROUND

GM’s foundry is located in a rural industrial area between

Danville and the Village of Tilton.

(Pet.

at 3.)

The facility

covers approximately 323 acres.

(Tr. at 11.)

The foundry

manufactures ductile and grey iron castings for the automotive

industries.

(Pet. at 3.)

The Danville Plant produces 800 tons

(or 187,000 castings) of grey—iron, nodular iron and hi—carbon

iron castings each day.

(Tr. at 13.)

The unit processes include

cupola melting, sand molding, rough finishing and annealing of

castings that are used in the production of intake manifolds,

transmission parts and brake parts.

(Pet.

at 3.)

The foundry

employs more than 1,000 persons and contributes $80 million to

the Danville area economy.

(Pet.

at 2.)

GM plans to idle the

plant during the 1996 calendar year.

(Tr. at 13.)

GM intends to

continue operating the foundry at reduced volumes in the

meantime.

(Tr. at 13.)

The facility draws its make—up water for cooling purposes

from the Vermilion River.

(Pet. at 3.)

Approximately 10.4

million gallons of water are used for plant processes at the

plant each day.

(Tr.

at 19.)

The two major sources of wastewater

are the cupolas and the dust collectors.

(Tr. at 19.)

Secondary

sources of wastewater include noncontact cooling water and storm

runoff water.

(Tr. at 19.)

Wastewater is treated and recycled

through the system.

(Tr. at 23.)

The facility discharges 400,000

to 750,000 gpd wastewater including process wastewater and non—

contact cooling water.

(Pet.

at 3.)

The facility discharges to

an unnamed ditch which flows into the Vermilion River.

(Pet. at

7.)

The primary source of fluoride in the discharge is from the

cupola emission control system due to the limestone flux.

(Tr. at

31.)

Increased recycling rates impact the levels of fluoride in

the discharge.

(Tr. at 28.)

Fluoride discharge decreased after

1978 but increased after 1990.

(Tr. at 31.)

The increased

wastewater recycle rate has increased the mass of fluoride

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3

discharged by 78.37 percent as compared to 1978 levels.

(Tr.

at

31.)

The limestone is considered to be the major contributor to

the fluoride levels in the plant water system.

(Pr. at 39.)

In 1977,

GM was issued an NPDES permit.

(Tr. at 24.)

GM’s

current NPDES permit, issued on June 23,

1991,

is currently under

appeal before the Board.

(See PCB 91-219.)

The Board has granted

a stay in the permit appeal until July 1,

1995 while the parties

pursue negotiation of a settlement.

ENVIRONMENTAL

IMPACT

The

stream’s small water shed includes industrial,

residential and forested areas.

(Tr. at 70.)

The total slope of

the stream is quite steep resulting in several short waterfalls

over bedrock in some areas.

(Pr. at 71.)

Streams of this type

have a limited habitat for supporting diverse fish and benthic

invertebrate communities.

(Pr. at 71.)

A study of the stream performed by Greg Bright of

Commonwealth Biomonitoring demonstrates that fluoride is not a

limiting factor on the aquatic life and the habitat structure is

the principal limit to achieving a more balanced aquatic

community.

(Pet.

at 7.)

The study shows that there is no

indication that fluoride or other “toxic substances” in the

wastewater discharge contribute to the impaired condition of the

stream.

(Pr. at

75..)

In addition, Mr. Bright also reports that a

review of literature showed that increasing the fluoride limits

to 10 mg/l would have no adverse impact on the fish or

macroinvertebrates in the ditch.

(Pet.

at 8.)

A 1992 bioassessment study of the stream performed by Greg

Bright of Commonwealth Biomonitoring shows that the aquatic

community of the receiving stream has improved since studies done

in the 1970s.

(Pr.

at 75.)

Density and diversity of the aquatic

life has increased and relatively pollution—intolerant forms now

predominate.

(Pr. at 75.)

The warm water community present in

the unnamed tributary and the Vermilion River are somewhat less

sensitive to elevated fluoride levels than cold water

communities.

(Pr. at 77.)

GM contends that the increase in the fluoride limit will not

adversely effect humans.

Fluoride is not a living pathogen;

therefore,

it should have no effect on the use of the water body

for human recreation.

(Pr. at 78.)

The receiving stream is too

small to be used as a source of potable water.

(Pr. at 78.)

The

Vermilion River is not presently used for potable water nor is

any such use planned.

(Pr. at 78.)

However, the proposed

concentration would not preclude the use of the Vermilion River

as a source of potable water.

(Pr. at 78.)

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4

PECHNICAL FEASIBILITY

AND

ECONOMIC REASONABLENESS

Alternatives for compliance include additional treatment for

fluoride, discharging directly to the Vermilion River or using

alternate sources of limestone.

Many of the options considered

were the same options reviewed in the R78—7 rulemaking which

granted GM a site—specific fluoride level of 5 mg/l.

One option for compliance reviewed by GM for compliance was

to discharge wastewater directly to the Vermilion River and

obtain a mixing zone effluent limit.

(Pr. at 45.)

Due to the

distance and the topography of the area installation of the

drainage tile would be extremely expensive and difficult.

(Pr. at

45.)

This option would not decrease the quantity of fluoride

discharged.

(Pr. at 46.)

Fluoride would be discharged directly

to the Vermilion River rather than the unnamed tributary.

(Pr. at

46.)

Another option is to obtain an alternate source of limestone

with a lower fluoride content.

GM currently uses 23,040 tons of

limestone a year at a cost of $120,960.

(Pr. at 46.)

Limestone

is currently obtained from a source six miles from the Danville

facility.

(Pr. at 46.)

It is difficult to determine the exact

amount of fluoride content in limestone because it is not

distributed evenly throughout the material.

(Pr. at 47.)

Fluoride levels are not considered critical to most uses of

limestone and therefore are not usually monitored.

(Pr. at 47.)

GM is aware of one quarry in Michigan that routinely monitors the

fluoride levels in its limestone.

(Pr. at 47.)

Obtaining

limestone from this source would increase GM’s cost for limestone

by $541,440 per year.

(Pr. at 47.)

Another potential source for

low fluoride limestone is in Bloomington, Indiana.

(Pr. at 47.)

However, since the fluoride level is not routinely monitored at

this quarry, it is not certain that the fluoride level will be

consistently low and result in compliance.

(Pr. at 47.)

Treatment of the wastewater using absorption on bone char,

ion exchange with activated alumina or precipitation with high

magnesium lime was also considered to reduce the fluoride level.

(Tr. at 60.)

However, none of these technologies could guarantee

consistent compliance and the cost of each technology is

extremely high with capital costs ranging from $2,966,000 to

$11,440,000.

(Pr. at 60.)

In addition,

each technology would

produce large volumes of sludge which would require disposal at

additional costs and also result in an adverse effect on the

environment.

(Pr. at 60.)

Based on analysis of historical data, GM contends that a

fluoride limit of 10 mg/l will allow for long-term process and

production variables.

(Pr. at 52.)

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5

SITE SPECIFICITY

At first notice the Board proposed additional language to

the rule to grant relief to the petitioner without granting

relief to other potential discharges in the same stream segment.

The Board proposed language naming General Motors and limiting

excess fluoride sources to GM’s discharge alone.

GM objected to the language proposed by the Board at first

notice and suggested that it be deleted or modified.

(PC

#

1.)

GM argues that if GM were to sell the foundry to another company,

the site-specific relief would not be available to the new

company.

(PC #1.)

GM contends that the same costs, environmental

factors and

discharge standards would apply to another operator

and there is no reason that the relief should be limited to GM as

the operator of the facility.

(PC #1.)

GM recommends that the

relief be tied to a specific location rather than the operator.

(PC

#

1.)

The Board agreed with the concerns raised by GM concerning

the applicability of the proposed site-specific relief to

subsequent purchasers of the facility.

In the Board’s second

notice opinion and order, the Board modified the language of the

proposed amendment to specify the location of the facility

instead of the operator.

During the second notice comment period, JCAR recommended

nonsubstantive changes to the language in the proposed rule.

JCAR recommended changing “owned by General Motors Corporation on

the effective date of this regulation” to include January 31,

1995 as the date certain.

The Board accepts the changes

recommended by JCAR and adopts those changes into the adopted

rule.

CONCLUSION

The Board agrees that site-specific relief is appropriate,

based on the record of this proceeding.

Alternatives for

compliance with the current site—specific standard of

5 mg/l are

technically infeasible and economically unreasonable.

The

proposed standard of 10 mg/l will not have an adverse effect on

the environment.

ORDER

The Board hereby adopts the following amendments to 35

Ill.

Adin. Code 303.322.

The Clerk of the Board is hereby

directed to cause the filing of these amendments with the

Administrative Code Unit of the Secretary of State’s Office.

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6

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE C:

WATER POLLUTION

CHAPTER I:

POLLUTION CONTROL

BOARD

PART

303

WATER USE DESIGNATIONS

AND

SITE SPECIFIC

WATER QUALITY STANDARDS

SUBPART A:

GENERAL PROVISIONS

Section

303.100

303.101

303.102

Section

303.200

303.201

303.202

303 .203

303.204

Scope and Applicability

Multiple Designations

Rulemaking Required

SUBPART B:

NONSPECIFIC WATER USE DESIGNATIONS

Scope and Applicability

General Use Waters

Public and Food Processing Water Supplies

Underground Waters

Secondary Contact and Indigenous Aquatic Life Waters

SUBPART

C:

SPECIFIC USE DESIGNATIONS AND SITE SPECIFIC

WATER QUALITY

STANDARDS

Section

303.300

303.301

303.311

303.312

303.321

303.322

303.323

303.331

303.341

303.351

303

•

352

303.353

303.361

303.430

303.431

303.441

303.442

303.443

Section

303.500

303.502

Scope and Applicability

Organization

Ohio River Temperature

Waters Receiving Fluorspar Mine Drainage

Wabash River Temperature

Unnamed Tributary of the Vermilion River

Sugar Creek and Its Unnamed Tributary

Mississippi River North Temperature

Mississippi River North Central Temperature

Mississippi River South Central Temperature

Unnamed Tributary of Wood River Creek

Shoenberger Creek; Unnamed Tributary of Cahokia Canal

Mississippi River South Temperature

Unnamed Tributary to Dutch Creek

Long Point Slough and Its Unnamed Tributary

Secondary Contact Waters

Waters Not Designated for Public Water Supply

Lake Michigan

SUBPART

D:

THERMAL

DISCHARGES

Scope and Applicability

Lake Sangchris Thermal Discharges

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7

303.Appendix A References to Previous Rules

303.Appendix B Sources of Codified Sections

AUTHORITY:

Implementing Section 13 and authorized by Section 27

of the Environmental Protection Act (415 ILCS 5/13 and 27).

SOURCE:

Filed with the Secretary of State January

1,

1978;

amended at

2 Ill. Reg.

27,

p.

221, effective July 5,

1978;

amended at

3 Ill. Reg.

20,

p.

95, effective May 17,

1979; amended

at 5 Ill. Reg.

11592, effective October 19,

1981; codified at 6

Ill. Reg. 7818; amended at 6 Ill.

Reg.

11161, effective September

7,

1982; amended at 7 Ill. Reg. 8111, effective June 23,

1983;

amended in R87—27 at 12 Ill. Reg. 9917, effective May 27, 1988;

amended in R87-2 at 13 Ill. Reg.

15649, effective September 22,

1989; amended in R87-36 at 14

Ill. Reg.

9460, effective May 31,

1990;

amended in R86—14 at 14 Ill. Reg. 20724, effective December

18,

1990; amended in R89—14(C) at 16 Ill. Reg.

14684, effective

September 10,

1992; amended in R92-17 at 18 Ill. Reg. at 2981

effective February 14,

1994; amended in R91—23 at 18

Ill. Reg.

13457, effective August 19,

1994; amended in R93—13 at

____

Ill.

Reg. _______________________ effective___________________________

Section 303.322

Unnamed Tributary of the Vermilion River

The fluoride standard of Section 302.208 shall not apply to

waters of the State which are located from the point of a

discharge from the foundry facility located at the

intersection of Interstate 74 and G Street in Danville.

Illinois. owned by General Motors Corporation on January 31.

1995 to an unnamed tributary of the Vermilion River, said

point being located 3900 feet south of the Vermilion River,

1900 feet north of 1-74,

at 40

6’35” north latitude and 87

69’52” west longitude,

to the confluence of said unnamed

tributary with the Vermilion River; and from there

downstream to it3 juncture with thc Indiana Gtate border

~,

point 0.9 river miles downstream of the juncture at the

crossinc~of a Norfolk and Western Railroad Bridge.

Fluoride

levels in such waters as caused by the discharge from the

foundry facility shall meet a water quality standard for

fluoride

(Storet Number 00950)

of

Sj,Q mg/l.

(Source:

Amended at

____

Ill. Reg.

________,

effective

IT

IS

SO

ORDERED.

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8

I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the

ak~ov~e

opinion and order was

adopted on the

//~Z day of

\~J

~

,

1995,

byavoteof

~-c~

Control Board