ILLINOIS POLLUTION CONTROL BOARD
    February 3,
    1994
    IN THE
    MATTER
    OF:
    )
    )
    ANEROCK
    CORPORATION,
    ROCKFORD
    )
    FACILITY,
    SITE-SPECIFIC
    )
    R87-33
    RULEMAKING
    PETITION
    FOR
    )
    (Rulemaking)
    AMENDMENT TO 35
    ILL.ADM.CODE
    )
    PART 304, SUBPART C
    )
    Proposed Rule.
    First
    Notice.
    OPINION
    AND
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    This matter is before the Board on Ainerock Corporation’s
    August 24,
    1987 petition for site-specific rulemaking.
    Ainerock
    seeks site—specific relief at its Rockford manufacturing facility
    from the effluent limitations for chromium (total and
    hexavalent), copper,
    zinc,
    cyanide, and total suspended solids
    (TSS).
    The general effluent limitations currently applicable to
    Ainerock are set forth at 35 Ill. Adm. Code 304.124(a).
    Ainerock
    asks that those concentration—based limitations be revised to
    mass-based limitations.
    The Board’s responsibility in this matter arises from the
    Environmental Protection Act
    (Act).
    (415 ILCS 5/1 et sea.
    (1992).)
    The Board is charged by the Act 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 Illinois environmental
    governance:
    the Board bears responsibility for the rulemaking
    and principal adjudicatory functions, while the Illinois
    Environmental Protection Agency (Agency)
    is responsible for
    carrying out the principal administrative duties.
    The Agency’s
    duties include administering the regulations that are proposed
    for adoption in this rulemaking.
    A merit hearing on this petition was held in Rockford on
    January 25,
    1988.
    Briefs were filed by both Ainerock and the
    Agency.
    On April
    19,
    1988, the Department of Energy and Natural
    Resources(ENR)
    issued its decision that it would perform an
    economic impact study
    (EcIS) on the requested site-specific
    rule.1
    That EcIS,
    entitled “Economic Impact Study on Ainerock
    I
    Section 27 of the Act formerly provided for ENR to
    perform EcISs.
    (See,
    e.g.
    Ill.Rev.Stat.
    1989,
    ch.
    111½,
    par.
    1027.)
    That statutory provision was repealed in 1992
    (P.A.
    87-
    860),
    and EcISs are no longer part of the regulatory process.

    2
    Site-Specific Rule Change”, was filed with the Board on November
    19,
    1990.
    (Exh.
    17.)
    An economic impact hearing was held in
    Rockford on July 18,
    1991.
    Amerock subsequently filed an
    additional brief,
    although the Agency did not.
    BACKGROUND
    Amerock owns and operates a facility in Rockford, Illinois
    which manufactures high-quality decorative hardware products.
    The facility includes a wide variety of manufacturing operations
    necessary to convert alloys of steel,
    zinc, and copper,
    as well
    as plastics,
    into finished products for the home.
    Manufacturing
    operations at the plant include sheet metal fabrication, zinc
    diecasting, plastic molding, burnishing,
    buffing, cleaning,
    electroplating,
    coloring, painting and lacquering,
    assembling,
    packaging,
    and shipping.
    Ainerock employs approximately 1500
    people at its Rockford facility.
    (Tn. at
    8_9.)2
    Most work areas in which dust or metal—containing particles
    are generated are vented to the outside air.
    Amerock states that
    this venting is done to comply with the requirements of the
    federal Occupational Safety and Health Act, and to otherwise
    ensure employee health and safety.
    Ainerock states that all of
    its air emission sources are in compliance with the Board’s air
    pollution regulations.
    However, some of the material exhausted
    to the atmosphere (primarily metal-containing particulate)
    settles on the roof of the facility and is washed into the roof
    drainage system by rain and snow melt.
    The roof drainage system
    is routed to eight separate outfalls (numbered 000-007 in
    Amerock’s NPDES permit) which discharge into North Kent Creek.3
    Outfall 003 transports non-contact cooling water in addition to
    the roof drainage.
    (Tr2. at 69—70.)
    In 1983 Amerock discovered that effluent discharges from the
    eight outfalls exceed,
    from time to time, effluent limitations
    for chromium
    (both hexavalent and total), copper,
    cyanide, zinc,
    and TSS.
    Amerock petitioned this Board for a variance for those
    parameters,
    and the Board granted variance on September 20,
    1985,
    in PCB 84-62.
    As modified on November 21,
    1985, the variance
    expired on September 1,
    1987.
    On August 24, 1987,
    Ainerock filed
    a petition for extension of that variance, as well as the instant
    2
    “Tn. at
    indicates the transcript of the January 25,
    1988 merit hearing, and “Tr2.
    at
    refers to the transcript of
    the July 18,
    1991 economic impact hearing.
    Amerock
    notes
    that
    stormwater
    permit
    rules
    became
    effective on November
    16,
    1990, pursuant to the Clean Water Act,
    but states that its
    NPDES permit
    already included
    a
    stormwater
    component.
    (Tr2.
    at 93.)

    3
    petition for site-specific rulemaking.
    The Board granted the
    variance petition on January
    9,
    1992,
    in PCB 87—131.
    As modified
    on February 6,
    1992, the variance extended from December 21,
    1987, to December 21,
    1992.
    On February 4,
    1993, in PCB 92—120,
    the Board granted an extension of variance until December 22,
    1995, or until final action on this request for site-specific
    relief.
    REQUESTED RELIEF
    Section 27(a)
    of the Act provides that the Board may adopt
    regulations specific to individual persons or sites.
    In making
    our rulemaking decisions, the Board is required to consider:
    the existing physical conditions, the character of the
    area involved, including the character of surrounding
    land uses,
    zoning classifications,
    the nature of the
    existing air quality, or receiving body of water, as
    the case may be, and the technical feasibility and
    economic reasonableness of measuring or reducing the
    particular type of pollution.
    (415 ILCS 5/27(a)
    (1992)
    .)
    Amerock contends that although there are technically
    feasible options for compliance with the effluent standards,
    the
    cost of those options far outweighs any environmental benefit to
    be gained by compliance.
    Thus, Amerock argues that compliance is
    economically unreasonable, and that the Board should grant
    Amerock’s request for mass—based, rather than concentration—
    based, effluent limitations for chromium (total and hexavalent),
    copper,
    zinc,
    cyanide, and TSS.
    COMPLIANCE ALTERNATIVES
    As part of its compliance evaluation, Amerock retained Lancy
    International to identify compliance options.
    (Exh.
    1,
    App. B.)
    Lancy identified five options:
    1)
    collection and treatment of
    the contaminated run—off water;
    2)
    source abatement (installation
    of air pollution control equipment;
    3) discharge of the roof run-
    off to the sanitary sewer;
    4) combination of all outfall
    discharges with the cooling water discharges from outfall 003
    before final discharge to North Kent Creek; and 5) collection and
    hold-up of all run-off water with slow-bleed into the cooling
    water outfall.
    Amerock did not further evaluate options four and
    five because it believes that those options are contrary to the
    non-dilution principle in the Board’s regulations.
    (Tr2.
    at 73;
    see 35
    Ill. Adm. Code 304.102.)
    After the merit hearing in this
    matter, Amerock further studied the sanitary sewer discharge
    option
    (option three), and decided that it was not an appropriate
    control option when compared to options one and two.
    (Tr2.
    at
    74—75.)

    4
    The collection and treatment option involves collecting the
    stormwater run—off and transporting it to a new wastewater
    treatment facility on Amerock’s property.
    The run-off would be
    neutralized and any heavy metals removed, and the treated
    stormwater would be discharged either to North Kent Creek or to
    the Rockford Sanitary District sewer system.
    The cost of this
    option was estimated at $1.485 million in November 1986, with
    estimated operating costs of $300,000 per year.
    This option has
    the advantages of treating the entire storawater run-off, and an
    enclosed1 treatment facility at a single location.
    Ainerock states
    that the disadvantages of the collection and treatment option are
    high equipment maintenance costs, high capital costs to treat
    relatively clean water, increased sewer user fees,
    production of
    a hazardous waste, and additional permitting requirements.
    (Tn.
    at 20—21;
    Exh.
    5(a).)
    The source abatement option involves the installation of
    baghouses to capture zinc diecast melting furnace exhaust, and
    wet scrubbers to capture the plating and other finishing
    operation exhaust.
    The installation cost of this option was
    estimated at $1 million in November 1985, with a 1987 estimate of
    $306,000 for the baghouse only, excluding engineering,
    transportation,
    ducting, and other installation charges.
    Annual
    operating costs were estimated at $200,000.
    The source abatement
    option has the advantage of eliminating the contamination at the
    source, and is less costly than the collection and treatment
    option.
    Amerock states that the disadvantages include extensive
    equipment maintenance, the possibility that effluent produced by
    the wet scrubbers will exceed the capacity of the existing
    pretreatment facilities, the requirement that baghouse dust be
    handled as either a special waste or a hazardous waste,
    and
    additional permitting requirements.
    (Tn. at 21-23; Exh.
    5(b).)
    The EcIS also evaluated the collection and treatment option
    and the source abatement option.
    The EcIS found that the source
    abatement option would have total costs,
    over a 25-year period,
    of $1.8 million, while the collection and treatment option would
    have total costs of $1.9 million.
    The study concluded that the
    source abatement option was least costly, and that it would
    remove nearly 100 percent of the contaminants.
    By contrast,
    collection and treatment fails to achieve the same removal
    efficiency,
    especially since some particulates are blown off the
    roof and would not enter a collection system.
    (Exh.
    17 at 9-10;
    77—100.)
    Amerock,
    however, contends that the EcIS fails to adequately
    evaluate the scope and costs of both of these compliance options.
    Amerock maintains that the present value cost of the collection
    and treatment option is in excess of $2.5 million, and the
    present value cost of the ~ource abatement option is
    approximately $7 million.
    (Tr2. at 79—94,
    133—142; Exh.
    16.)

    5
    ENVIRONMENTAL
    IMPACT
    Ainerock
    contends
    that
    its
    stormwater
    discharges
    cause
    virtually
    no
    adverse
    environmental
    impact
    on
    North
    Kent
    Creek.
    Ainerock maintains that biological stream studies demonstrate that
    there are a greater number and a greater diversity of benthic
    macro—invertebrates,
    as well as a greater nupiber of fish and fish
    species, downstream of Ainerock’s discharges than upstream.
    (Tn.
    at 16-17;
    Exh.
    1, App.
    D; Exh.
    2,
    3, and 4.)
    Ainerock also states
    that macroinvertebrate biotic indices establish that the
    downstream biological integrity of North Kent Creek has not been
    adversely affected by Amerock’s discharges.
    (Exh.
    4, Table 2.)
    Amerock further contends that water quality sampling over a three
    year period showed only two marginal water quality violations,
    for zinc.
    (Exh.
    17 at 46.)
    Finally, Arnerock maintains that
    stream sediment analyses demonstrate that there is no
    accumulation of cyanide, total chromium, or hexavalent chromium
    in the sediments of North Kent Creek.
    (Exh.
    1.)
    The Agency disagrees with Ainenock’s conclusions on the
    environmental impact of Amerock’s discharges.
    The Agency argues
    that much of the evidence presented by Amerock is based upon
    flawed assumptions, so that Amerock’s conclusions are
    unsupported.
    For example, the Agency believes that the sampling
    was too limited in scope,
    in terms of the number of sampling
    events and the failure to obtain a true composite.
    The Agency
    also believes that were more than two water quality violations,
    including several upstream from Amerock’s discharges.
    The EcIS also addressed the environmental impact of
    Amerock’s stormwater discharges.
    The EcIS concluded that there
    is a potential hazard to aquatic life from copper and possibly
    zinc, even though North Kent Creek is a relatively good biotic
    resource.
    The EcIS further concluded that the metallic
    constituents are not toxic to humans or non-aquatic animals at
    concentrations found either by contact or through accidental
    ingestion.
    (Exh.
    17 at 152; see generally Exh.
    17 at 104-154.)
    In response, Amerock argues that the environmental conclusions in
    the EcIS are of very limited value,
    and contends that the
    conclusion that there is a potential hazard to aquatic life from
    copper and zinc is unfounded.
    ECONOMIC REASONABLENESS
    As noted above,
    Ainerock admits that compliance with the
    applicable effluent limitations
    is technically feasible.
    However, Amerock maintains that compliance costs must be
    evaluated in relation to the environmental benefit to be achieved
    from compliance.
    Ainerock contends that in this case, the cost of
    any technically feasible cpmpliance option far exceeds any
    conceivable environmental benefit.
    Therefore, Amerock argues
    that compliance with the existing effluent standards is

    6
    economically unreasonable.
    The Agency criticizes the evidence submitted by Ainerock on
    the issue of economic reasonableness,
    stating that Arnerock has
    failed to provide any evidence on the economics of the compliance
    options in the context of Aiuerock’s overall operations.
    The
    Agency contends that Amerock, as proponent, has an obligation to
    provide adequate economic information to provide a basis for cost
    comparison.
    CONCLUSIONS
    After reviewing the testimony, exhibits, and arguments of
    the participants in this case, the Board finds that site-specific
    relief is warranted.
    It is undisputed that compliance is
    technically feasible, but we agree with Ainerock that comparing
    the costs of compliance with the minimal environmental impact of
    Amenock’s stormwaten discharges leads to a conclusion that
    compliance, at this time,
    is economically unreasonable.
    We
    believe this case is analogous to the Board’s decision in
    Petition for Site-Specific Volatile Organic Material Emission
    Limitations fon National Can Corporation (January 22,
    1987), R85-
    28, where the Board found that requiring the installation and
    operation of control equipment would impose a financial hardship
    without conferring a measurable environmental impact.
    There is
    some dispute over the environmental impact of Amerock’s
    stormwater discharges,
    and some questions remain unresolved.
    However, Amerock has not requested relief from the water quality
    standards, and we reiterate that relief from the effluent
    standards does not provide a defense to any water quality
    violation.
    We believe that Amerock has presented sufficient
    information to conclude, at this time, that the environmental
    impact of Ainerock’s stormwaten discharges is minimal.
    However, the Board
    is uncertain what effect the air toxic
    provisions of the federal Clean Air Act
    (42 USC S7401 et
    seq.),
    as well as the air toxic control provisions of the state
    Environmental Protection Act (415 ILCS 5/9.5
    (1992)), may have on
    Amerock’s practice of venting its wonkspaces directly to the air,
    without add-on controls.
    Therefore, we propose to grant only a
    temporary site-specific rule, until December 31, 2000.
    This
    period will allow the impact of the air toxic programs to become
    clean,
    so that we can be fully informed before granting a
    permanent site—specific rule.
    ORDER
    The Clerk is directed to file the following proposed rule
    with the Secretary of State for first notice publication in the
    Illinois Register:
    TITLE 35:
    ENVIRONMENTAL PROTECTION

    7
    SUBTITLE
    C:
    WATER POLLUTION
    CHAPTER
    I:
    POLLUTION CONTROL BOARD
    PART
    304
    EFFLUENT
    STANDARDS
    SUBPART
    C:
    TEMPORARY
    EFFLUENT
    STANDARDS
    Section
    304.303
    Amerock
    Corporation,
    Rockford
    Facility
    a)
    This section applies only to stormwaten discharges from
    Aiuenock Corporation’s Rockford facility into North Kent
    Creek in Winnebago County,
    Illinois.
    b)
    Instead of the general effluent limitations set forth in
    Section 304.124(a)
    for the following listed parameters,
    storawaten discharges from Ainerock’s Rockford facility shall
    not exceed the following limitations:
    STORET
    LIMITATION
    CONSTITUENT
    NUMBER
    (lbsfmo~
    Chromium (total)
    01032
    4.0
    Chromium (hexavalent)
    01033
    1.0
    Copper
    01042
    20.0
    Cyanide
    00720
    3.0
    Zinc
    01092
    60.0
    Total Suspended Solids
    00530
    300.0
    c)
    This section expires on December 31,
    2000.
    (Source:
    Added at 18 Ill.Reg.
    __________,
    effective
    -
    IT IS SO ORDERED.
    N. McFawn abstained.
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the ab
    e opinion and order was
    adopted on the
    ~
    day of
    _______________,
    1994, by a vote
    of
    ~
    .
    7
    Dorothy N. G9~7h,Clerk
    /
    Illinois Pol~tionControl Board

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