ILLINOIS POLLUTION CONTROL BOARD
    March 25,
    1993
    IN THE MATTER OF:
    )
    THE PETITION OF BORDEN CHEMICALS
    )
    AS 93-2
    & PLASTICS OPERATING LIMITED
    )
    (Adjusted Standard)
    PARTNERSHIP FOR AN ADJUSTED
    )
    STANDARD FROM 35 ILL. ADM. CODE
    )
    302.208
    )
    ORDER OF THE BOARD
    (by B. Forcade):
    On February 26,
    1993, Borden Chemicals
    & Plastics Operating
    Limited Partnership
    (BCP)
    filed a petition for adjusted standard
    from the general use water quality standard for sulfate in 35
    Ill.
    Adm. Code 302.208.
    The Board finds that the petition does not contain
    sufficient information to comply with the requirements of Section
    28.1(c)
    of the Environmental Protection Act
    (Act) (415 ILCS
    5/28.1(c)
    (1992))1 or with 35 Iii. Adm. Code 106.705 regarding
    the contents of a petition for adjusted standard.
    Section 28.1(c)
    of the Act requires a petitioner for an
    adjusted standard to prove that:
    1.
    factors relating to that petitioner are substantially and
    significantly different from the factors relied upon by the
    Board in adopting the general regulation applicable to that
    petitioner;
    2.
    the existence of those factors justifies an adjusted
    standard;
    3.
    the requested standard will not result in environmental or
    health effects substantially and significantly more adverse
    than the effects considered by the Board in adopting the
    rule of general applicability; and
    4.
    the adjusted standard is consistent with any applicable
    federal law.
    In addition,
    35 Ill. Adm. Code 106.705 requires the petitioner to
    provide certain information in the petition to the Board.
    1
    The Act was formerly codified at 1991,
    Ill.
    Rev.
    Stat.
    oh.
    111k, par. 1001
    ~.
    ~
    01 ~O-U323
    2
    BCP states in its petition that the “factors relating to BCP
    are substantially and significantly different from the factors
    relied upon by the Board in adopting 35 Ill. Adm. Code 302.208”
    (Pet.
    at 13) because:
    A.
    The factors considered in adopting the sulfate water
    quality standard do not apply to the water receiving
    BCP’s effluent.
    1.
    Effluent discharges at levels that would be
    permitted by the proposed adjusted standard will
    have no adverse impact on fish or other biota in
    the receiving stream.
    2.
    Effluent discharges at levels that would be
    permitted by the proposed adjusted standard will
    have no adverse impact on livestock.
    3.
    Effluent discharges at levels that would be
    permitted by the proposed adjusted standard will
    have no adverse impact on human health.
    To support these assertions,
    the petitioners have cited a
    September 1981 report prepared by the Illinois State Water Survey
    for the Illinois Environmental Protection Agency titled,
    “Acute
    Toxicity of Chlorides,
    Sulfates, and Total Dissolved Solids To
    Some Fishes in Illinois” and attached the study as Exhibit
    I to
    the petition.
    The purpose of the study provides:
    Of pertinent interest to this study is the validity of
    the maximum permissible concentrations of chloride
    (500
    mg/l), sulfate (500 mg/i),
    and total dissolved solids
    (1000 mg/l) permitted in Illinois water in accordance
    with the general stream quality rule.
    (Exh.
    I at 2.)
    The petitioners also cited results from a 1984 stream survey
    performed for BCP by the Academy of Natural Sciences of
    Philadelphia (attached as Exhibit D).
    The stated object of this
    survey,
    “was to determine whether plant
    BCP
    effluent impacts
    the biota of the receiving water bodies and,
    if an impact were
    observed, whether it could be attributed to the concentration of
    ammonia, chlorides or total dissolved solids discharged by the
    plant at the time of the study.”
    (Exh.
    D at
    i.)
    Two studies of the effects of sulfates on livestock are also
    cited.
    BCP uses each of these studies as support that
    concentrations of 1000 mg/l sulfate are not harmful to livestock.
    01 L~O-Q32L~
    3
    The studies described above partially fulfill the
    requirement of Section 28.1(c) (3) of the Act in examining the
    environmental and health effects of the adjusted standard;
    however, the Board questions the use of such studies to show that
    factors relating to BCP are substantially and significantly
    different from the factors relied upon by the Board in adopting
    the general regulation applicable to the petitioner as required
    by Section 28.1(c) (1)
    of the Act.
    It is not clear that any of
    the data presented, with the exception of the 1984 stream survey
    (Exh.
    D), apply specifically to BCP’s effluent or facility.
    It
    appears the petitioners are challenging the validity of the
    generally applicable standard rather than identifying conditions
    that would make BCP unique in the application of this standard.
    This type of challenge might be appropriate in the context of a
    rulemaking but not under the procedures addressing adjusted
    standard petitions.
    Therefore, the Board finds that the petition filed by BCP is
    insufficient for Board consideration and directs BCP to file an
    amended petition with the following information:
    1.
    A statement,
    supported by pertinent documents, indicating
    that factors relating to BCP are substantially and
    significantly different than other facilities that are
    subject to the regulation of general applicability.
    For
    example, are the receiving waters for BCP’s effluent
    uniquely suited to receive a higher concentration of sulfate
    than streams that other facilities utilize?
    2.
    Data indicating that BCP’s effluent has not had a cumulative
    adverse effect on the receiving stream in the years since
    the 1984 stream study or that such an effect should not be
    expected.
    3.
    A description of the efforts necessary for BCP to achieve
    this proposed adjusted standard and the corresponding costs.
    (See 35 Ill.
    Adm. Code 106.705(f).)
    4.
    Justification for the request of specific numeric
    limitations of a daily maximuiii sulfate load limit of 8257
    lbs/day and a daily maximum sulfate concentration of 1000
    mg/i.
    5.
    A discussion of the qualitative and quantitative impact of
    BCP’s activity on the environment if BCP were to comply with
    the regulation of general applicability.
    (See 35 Ill. Adm.
    Code 106.705(g).)
    0 Li~D-D325
    4
    Nothing in today’s order shall preclude BCP from filing any
    regulatory proposal it may chose to pursue.
    If BCP does not file
    an amended petition, addressing the above issues, on or before
    June 4,
    1993,
    this matter may be subject to dismissal.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    ~‘CZ~
    day of
    ~
    ,
    1993, by a vote of
    62~4
    A.
    Dorothy N.,4unn, Clerk
    Illinois I~$illutionControl Board
    0 1400326

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