ILLINOIS POLLUTION CONTROL BOARD
    February 4, 1993
    ANEROCK CORPORATION,
    )
    Petitioner,
    v.
    )
    PCB 92—120
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter is before the Board on Amerock Corporation’s
    (Amerock) August 21, 1992 petition for variance extension. On
    October 19, 1992, in response to a Board order, Ainerock filed an
    amended petition. Amerock seeks extension of its variance from
    the effluent limitations for hexavalent chromium, total chromium,
    copper, cyanide, zinc, and total suspended solids (TSS). (35
    Il1.Adm.Code 304.124.) The Board previously granted Ainerock a
    variance for those pollutants on January 9, 1992, as modified on
    February 6, 1992. (PCB 87-133.) That variance expired on
    December 21, 1992.
    Although the Illinois Environmental Protection Agency
    (Agency) is required by the Environmental Protection Act (Act)
    and the Board’s procedural rules (415 ILCS 5/37(a) (1992); 35
    Ill.Adm.Code 104.180) to file a recommendation in all variance
    proceedings, the Board has not received any communication
    whatsoever from the Agency.
    Backc~round
    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. Amerock employs approximately 1200
    people at its Rockford facility. (Pet. at 1.)
    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. (Pet. at 2.) Amerock states
    0139-0037

    2
    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. (Pet. at 3.)
    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. Ainerock then filed a petition for
    extension of that variance. The Board granted that 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. It is that variance granted in PCB 87—131 which Arnerock
    seeks to extend.
    Compliance Plan
    As a condition of its first variance, Amerock was required
    to investigate possible means of compliance with the effluent
    standards. (PCB 84-62, September 20, 1985, p. 5.) Amerock hired
    Lancy International, Inc. to study the problem and recommend
    control options. Lancy’s report gave five alternative control
    options: collection and treatment, abatement at the source,
    sanitary sewer discharge, combination with cooling water
    discharge, and retention after collection for slow release into
    the cooling water discharge. Amerock evaluated the options, and
    determined that only two would be further investigated:
    collection and treatment of the roof run—off at Amerock’s on-site
    treatment facility, and source abatement. Amerock contends that
    the cost of these control options range from approximately $2.5
    million for collection and treatment to $7 million for source
    abatement. (Amended pet. at 2.) In addition to these options,
    Amerock prepared and filed a petition for site—specific
    rulemaking which would raise the applicable effluent limitations
    and change the limitations from concentration—based to mass—
    loading in pounds discharged per month. (Pet. at 2-3.) That
    site-specific petition, docketed as R87-33, is currently pending
    before the Board.
    Amerock seeks a variance from December 22, 1992 until
    December 22, 1995, or until the Board takes final action granting
    the site-specific rule, whichever occurs first. In the event
    that the Board denies the site-specific rulemaking request,
    Amerock will conduct a more detailed analytical evaluation of the
    two control options. (Amended pet. at 2.) Amerock states that
    01390038

    3
    it has included time in its variance request to enable such
    analyses to be conducted. (Amended pet. at 2.)
    Environmental Impact
    Aiuerock contends that there is minimal, if any, adverse
    environmental impact from its storm water discharge into North
    Kent Creek. (Amended pet. at 2.) In support of this contention,
    Ainerock has incorporated information from the record in R87—33,
    including the results of biological surveys, effluent and water
    quality data, and the Agency’s water quality report (1988-1989).
    Consistency With Federal Law
    There is no direct information in this record on whether the
    requested variance would be consistent with federal law.
    However, the Board notes that in PCB 87-131, the Agency stated
    that the Board could grant that variance consistent with federal
    regulations.
    HardshiP
    Amerock states that the cost of immediate compliance with
    the applicable effluent limits far outweighs the minimal, if any,
    adverse environmental impact of the storm water discharge.
    Additionally, Amerock points out that if the Board grants its
    requested site—specific rule, additional control expenditures
    will be unnecessary. (Amended pet. at 2.)
    Conclusions
    After a review of the record, the Board finds that immediate
    compliance with the effluent standards for hexavalent chromium,
    total chromium, copper, cyanide, zinc, and total suspended
    solids, found at 35 Ill.Adm.Code 304.124, would impose an
    arbitrary or unreasonable hardship. Although there is not a
    great deal of sampling information in the record of this
    proceeding, the Board believes that the information which does
    exist indicates that any impact of Amerock’s current discharges
    on water quality and biota is minimal. The Board finds that
    Amerock has demonstrated satisfactory progress towards
    compliance, although compliance has not yet been obtained. The
    minimal environmental impact, together with Amerock’s
    satisfactory progress towards compliance and the fact that
    compliance expenditures may not be necessary if a site-specific
    rule is granted, lead the Board to conclude that immediate
    compliance with the applicable effluent standards would result in
    an arbitrary or unreasonable hardship.
    The Board notes that it has historically been very reluctant
    to grant variance where, as here, the petitioner has not actually
    committed to a specific method of attaining compliance. The
    Board recognizes, however, that Amerock has specifically
    01390039

    4
    committed to implementing either the collection and treatment
    option or the source abatement option if the requested site-
    specific rule is denied. Because of the peculiar circumstances
    of this case, and based upon the specific commitment to achieve
    compliance by the end of this variance, the Board will grant the
    requested variance.
    The Board also points out that the conclusions it reaches
    based upon the record of this variance proceeding do not
    necessarily reflect on the merits of Amerock’s site—specific
    rulemaking proposal, currently pending before the Board in R87-
    33. The burdens of proof and the standards of review in a
    rulemaking (a quasi—legislative action) and a variance proceeding
    (a quasi—judicial action) are distinctly different.
    ~
    Titles
    VII and IX of the Act; see also Willowbrook Development v.
    Pollution Control Board (2d Dist. 1981), 92 Ill.App.3d 1074, 416
    N.E.2d 385.) The Board cannot lawfully prejudge the outcome of a
    pending regulatory proposal in considering a petition for
    variance. (City of Casey v. IEPA, 41 PCB 427, 428 (PCB 81—16,
    May 14, 1981).)
    This opinion constitutes the Board’s findings of fact and
    conclusions of law.
    ORDER
    Amerock Corporation (Ainerock) is hereby granted a variance
    from the following effluent standards located at 35 Ill.Adm.Code
    304.124: hexavalent chromium, total chromium, copper, cyanide,
    zinc, and total suspended solids. This variance applies to
    Amerock’s facility located at 4000 Auburn Street, Rockford,
    Illinois, and is subject to the following conditions:
    1. This variance begins on December 22, 1992, and expires
    on the earlier of: December 22, 1995, or the date of
    final action on any grant of Ainerock’s requested site—
    specific rule, currently pending before the Board in
    R87—33.
    2. During the period of the variance, Amerock’s discharges
    shall not exceed the following limits:
    Constituent
    Limitation (lbs/month)
    chromium (hexavalent)
    1.0
    chromium (total)
    4.0
    copper
    20.0
    cyanide (total)
    3.0
    zinc
    60.0
    total suspended solids
    300.0
    3. In addition to the sampling required by Amerock’s NPDES
    01 3Q-Q0L~0

    5
    permit, Amerock shall inspect each discharge location
    during and shortly after periods of rainfall. Amerock
    shall obtain one sample from each outfall per month.
    The samples shall be analyzed for the parameters
    required by the NPDES permit. The results of these
    analyses shall be attached to Amerock’s DMRs and
    submitted to the Agency. If no discharges occurred
    during the month, Amerock shall so indicate in its
    DMRs.
    4. Ainerock shall sample the water and sediment of North
    Kent Creek once each month at sites: (1) upstream of
    Outfall 000; (2) between Outfalls 001 and 003; (3)
    between Outfalls 004 and 007; and (4) downstream of
    Outfall 007. This sampling shall occur at a time when
    discharges are present. However, even if no discharges
    occur in a given month, Amerock shall take the monthly
    samples at the locations listed above. These samples
    shall undergo chemical analysis for the parameters
    listed in Condition 2, except that sediment samples
    need not be analyzed for total suspended solids. The
    results of the analyses shall be attached to Ainerock’s
    DMRS and submitted to the Agency.
    5. Amerock shall continue to conduct a biological survey
    of North Kent Creek to monitor any impact of its
    discharges on the biological organisms in the stream.
    These surveys shall be conducted twice a year at
    similar sampling locations to those for chemical
    analysis listed in Condition 4. The results of these
    surveys shall be submitted to the Agency’s Compliance
    Assurance Section, Water Pollution Control Division,
    2200 Churchill Road, P.O. Box 19276, Springfield,
    Illinois 62794—9276.
    6. Within forty-five days of the date of this order,
    Amerock shall execute and forward to:
    Lisa Moreno
    Division of Legal Counsel
    Illinois Environmental Protection Agency
    P.O. Box 19276
    2200 Churchill Road
    Springfield, Illinois 62794—9276
    a certificate of acceptance and agreement to be bound
    to all terms and conditions of the granted variance.
    The 45-day period shall be held in abeyance during any
    period that this matter is appealed. Failure to
    execute and forward the certificate within 45-days
    renders this variance void. The form of certificate is
    as follows.
    013900’41

    6
    Certificate of Acceptance
    I (We),
    hereby accept and agree to be bound by all terms and conditions
    of the order of the Pollution Control Board in PCB 92—120,
    February 4, 1993.
    Petitioner
    Authorized Agent
    Tit1e
    Date
    IT IS SO
    ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41
    (1992)) provides for the appeal of final Board orders. The
    Rules of the Supreme Court of Illinois establish filing
    requirements. (But see also 35 Ill.Adin.Code 101.246 “Notions for
    Reconsideration” and Castenada v. Illinois Human Rights
    Commission (1989), 132 Ill.2d 304, 547 N.E.2d 437.)
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cert~i~y.that the a~ve opinion and order was
    adopted on the .L~.Lt7~-’ day of -_eL~~4~~L..
    ,
    1993, by a vote
    of
    O
    .
    orothy M. Gi4, Clerk’
    Illinois Po~.~ion Control Board
    O139-00L~2

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