ILLINOIS POLLUTION CONTROL BOARD
    November
    29,
    1990
    IN THE MATTER OF:
    THE PETITION OF BORDEN CHEMICALS
    AND PLASTICS OPERATING LIMITED
    )
    R86-14
    PARTNERSHIP
    (FORMERLY BORDEN
    )
    (Rulemaking)
    CHEMICAL COMPANY) FOR A SITE-
    SPECIFIC RULE CHANGE REGARDING
    )
    WASTEWATER DISCHARGES INTO AN
    )
    UNNAMED TRIBUTARY OF LONG
    )
    POINT SLOUGH
    )
    ADOPTED RULE
    FINAL ORDER
    OPINION AND ORDER OF THE BOARD
    (by B.
    Forcade):
    This matter
    comes before the Board on a petition filed March
    31,
    1986 by Borden Chemicals Company, now before the Board as
    Borden Chemicals and Plastics Operating Limited Partnership
    (“Borden”).
    (See Order of August
    4,
    1988.)
    Borden seeks
    site—
    specific relief from the Board’s effluent limitations
    for total
    dissolved solids
    (“TDS”) and for chloride and from the require-
    ment that no effluent
    shall cause a violation of applicable water
    quality standards.
    35
    Ill.
    Adm. Code 302.208 and 304.105.
    Borden’s discharges originate at its Illiopolis,
    Illinois plant
    and are primarily attributable to wastewater from the air
    pollution control equipment which Borden began operating
    in 1978.
    Procedural History
    The merit hearing was held on December 10,
    1986
    in
    Springfield,
    Illinois.
    The Economic Impact Study
    (“EcIS”) was
    filed by the Department
    of Energy and Natural Resources
    (“DENR”)
    on October
    17,
    1988.
    The hearing on the EcIS was held on January
    10,
    1989.
    On February 22,
    1989,
    the Illinois Environmental
    Protection Agency
    (“Agency”)
    filed its comments and Borden filed
    its Response to Hearing Officer’s Request for Information.
    The Board’s First Notice Opinion and Order was issued on
    February
    8,
    1990.
    Notice was published in the
    Illinois Register
    as Part 304.211 at Ill.
    Reg.
    2999 on March
    2,
    1990.
    On April
    12,
    1990,
    the Agency submitted comments
    to the Board’s First Notice
    Opinion and Order.
    On April
    18,
    1990,
    Borden filed
    its Response
    to the Agency Comments
    to First
    Notice.
    The Board wishes
    to acknowledge the contributions of
    Margaret
    A.
    Dolan Fuss, who acted as hearing officer and
    participated
    in drafting these site—specific rules,
    and Elizabeth
    Schroer Harvey and Lorilyn Chamberlin, who acted as hearing
    officers.
    116—343

    —2—
    As a result of First Notice Comments,
    the Board deemed
    it
    appropriate
    to issue
    a second First Notice Opinion and Order on
    June
    7,
    1990.
    Notice was published in the Illinois Register
    as
    Part 303.431 at 14
    Ill. Reg.
    9784, effective June 22,
    1990 and
    Part 304.211 at
    14
    Ill.
    Reg.
    9700,
    also effective June 22,
    1990.
    The 45—day comment period ended on August
    6,
    1990.
    The
    Board received comments from both the Agency
    (“Agency”) and
    Borden on August
    6,
    1990.
    On August
    8, 1990,
    comments were also
    received from the Administrative Code Unit of the Office of the
    Secretary of State suggesting minor language changes.
    The Board issued its Second Notice Proposed Rule,
    Opinion
    and Order on August
    30,
    1990.
    The Second Notice period began on
    October
    9,
    1990 and ended November
    26,
    1990.
    The Joint Committee
    on Administrative (“JCAR”) issued its Letter of No Objection on
    November
    20,
    1990.
    Background
    The present petition relates
    to Borden’s Illiopolis,
    Illinois plant, which
    is one of more than 50 plants operated by
    Borden.
    The facility
    is located in a rural
    area one mile west of
    Illiopolis.
    The plant primarily produces polyvinyl chloride
    resins,
    polyvinyl acetate emulsions, and polyvinyl chloride
    plastic film.
    The plant presently employs in the range of 300
    people.
    The wastewater effluent from Borden’s plant contains
    elevated levels
    of total
    dissolved solids (“TDS”) and chloride.
    This
    is largely due to wastewater from the air pollution control
    equipment which Borden installed to comply with the National
    Emission Standards for Hazardous Air Pollutants (“NESHAPS”)
    promulgated for vinyl
    chloride pursuant
    to Section 301(a)
    of
    the
    Clean Air Act.
    The emission control system became operational on
    October
    21,
    1978,
    and was installed at
    a cost of $15 million.
    This wastewater
    is commingled with other sources of plant
    wastewater prior
    to discharge.
    The plant discharges
    approximately 800,000 gallons of effluent per day.
    The maxium
    TDS concentration has been as high as 2720 mg/u during the period
    from June,
    1989 through June,
    1990,
    during which time the average
    peaked at 2380 mg/l in November of 1989.
    During the same months,
    the chloride concentration reached
    a maximum of 760 mg/u,
    and the
    average chloride concentration peaked at 676 mg/l in November
    of
    1989.
    See Borden’s Comments, August
    6,
    1990.
    These
    concentrations do not violate any technology—based effluent
    limitations,
    but the discharge may cause water quality violations
    for TDS and chlorides
    in the receiving waters.
    Borden discharges
    its effluent into a unnamed tributary
    which drains into Long Point Slough about one and one—half miles
    downstream of
    the discharge.
    Long Point Slough
    flows into the
    west branch of the Old River less than a mile from the confluence
    with the unnamed tributary.
    The east branch
    of Old River
    :5
    blocked by a levee, but the west branch carries flows downstream
    to its confluence with the Sangamon River.
    116—344

    —3—
    The unnamed tributary is approximately four feet wide.
    It
    has been channelized
    in the past,
    and no meandering
    or natural
    movement has occurred in recent years.
    For the most part,
    the
    ditch is overgrown with grasses,
    trees,
    and other vegetation.
    During dry weather, Borden’s
    800,000 gallons per day of effluent
    constitute 90—95
    of the tributary flow.
    During wet weather,
    flows increase substantially due to agricultural
    runoff from
    pastures adjacent to the tributary.
    Like the unnamed tributary, Long Point Slough receives
    a
    majority of
    its dry weather flow from industrial wastewater.
    The
    Illiopolis sewage treatment plant also discharges
    into the Slough
    several kilometers upstream of its confluence with the unnamed
    tributary.
    The Slough ranges from
    3
    to
    5 meters wide and varies
    in depth from a few centimeters
    to several meters.
    The banks
    along the Slough are heavily vegetated.
    Borden’s effluent discharge is governed by both TDS and
    chloride water quality standards
    in the unnamed tributary
    downstream of Borden’s discharge or
    in Long Point Slough
    downstream of the confluence with the unnamed tributary
    (Petition,
    Exhibit A, Table
    1).
    The applicable regulation
    provides that concentrations of total dissolved solids
    (“TDS”)
    and of chloride shall not exceed 1000 mg/i and 500 mg/i,
    respectively.
    35
    Ill.
    Adrn.
    Code 302.208.
    Additionally, Borden’s
    discharge
    is also regulated under
    35
    Ill. Adm. Code 304.105,
    which provides that
    no effluent, alone or
    in combination with
    other sources, shall cause a violation of any water quality
    standard.
    Statutory Authority
    Proposals for site—specific regulations are governed by the
    provisions of Title VII of the Act, specifically, Section
    27
    (Ill.
    Rev. Stat.
    1987 ch.
    111—1/2, par.
    1027).
    Subsection
    (a),
    in relevant part,
    states as follows:
    a.
    The Board may adopt substantive
    regulations as
    described in this Act.
    Any such regulations may
    make different provisions as
    required by
    circumstances for different contaminant sources and
    for different geographical areas.. .and may include
    regulations specific
    to individual persons or
    sites.
    In promulgating regulations under
    this Act,
    the Board shall take into account the existing
    physical conditions,
    the character
    of the area
    involved...the nature of the...receiving body of
    water...and the technical feasibility and economic
    reasonableness of measuring or reducing the
    particular type of pollution.
    Section
    27
    (a)
    of the Act.
    (emphasis added)
    1..if~—345

    —4—
    Technical Feasibility and Economic Reasonableness
    As more fully described in the Board’s First Notice Opinion
    and Order
    of February
    8,
    1990,
    Borden’s compliance with existing
    standards may be technically feasible, but compliance would not
    be economically reasonable in this case.
    The EcIS reports
    compliance costs ranging from $877,483 to $1,486,568.
    Borden’s
    estimation of the cost to comply was much greater,
    ranging from
    $17,733,000
    to $80,838,000 for
    the same compliance alternatives
    evaluated by DENR.
    The Board found that Borden’s cost estimates
    more accurately depicted the costs to comply.
    The Agency’s
    comments also concluded that Borden’s figure appeared more
    realistic.
    Environmental
    Impact
    The environmental benefit from compliance would be minimal
    according to reliable information from both Borden and the
    Agency.
    The Board concluded in its First Notice Opinion and
    Order
    of February 8,
    1990 that under these circumstances, the
    costs of compliance outweigh any environmental benefit presented
    in the record.
    This same conclusion was also reached
    by Borden,
    the Agency,
    and DENR.
    The Board found that based on the record
    before
    it, site—specific regulatory relief should be granted.
    The Board’s First Notice Opinion and Order summarized the
    environmental impact
    as follows:
    ....Much of the information on environmental effects
    comes from the following sources;
    the “1984 Survey of
    Unnamed Ditch and Long Point Slough for the Borden
    Chemical Company” by the Academy of Natural Sciences of
    Philadelphia (Petition; Attachment A);
    the “Water
    Quality Assessment of
    a Major Portion of the Sangamon
    River Basin” Volume
    II, March 31,
    1983 by the Agency
    (Ex.
    2); various effluent and water quality sampling
    done by Borden
    (Petition; Attachments C and D);
    two
    stream assessment surveys by the Agency
    (Exs.
    5
    &
    6) and
    hearing testimony concerning these documents.
    The above materials support,
    and the participants
    agree,
    that the impacted areas of concern extend,
    at
    most, fromthe point of discharge at the unnamed
    tributary
    to the point
    of confluence with the Sangamon
    River.
    Further,
    the stretch of the Old River
    included
    in
    this segment
    is so distant as
    to receive only rniminal
    impact and then only during very
    low flow conditions.
    Clearly the primary areas of concern for the elevated
    TDS and chloride levels are the unnamed tributary and
    Long Point Slough.
    The Academy of Natural Sciences
    of Philadelphia
    conducted a study of the impacted area
    in July and
    September of
    1984.
    That study evaluated the chemical,
    physical and biological factors
    of
    significance at
    six
    sampling stations.
    The study evaluated the impact of
    116—346

    —5—
    more than just TDS and chlorides.
    The results
    of the
    Academy of Natural Sciences were cogently summarized as
    follows:
    Results of
    the studies
    indicate that
    the
    chemical
    composition
    and
    physical
    characteristics
    of
    the
    water
    of
    the
    unnamed ditch and Lont
    sic
    Point slough
    are
    altered
    by
    the discharged
    effluent.
    Biological
    impacts,
    however,
    were
    most
    evident
    immediately
    downstream
    of
    the
    Borden
    plant
    outfall
    on
    the
    unnamed
    ditch,
    especially
    during
    the
    low—flow
    survey
    conducted
    in
    September.
    The
    low
    diversity
    of
    available
    habitat
    and
    the
    seasonal
    (intermittent)
    nature
    of
    the
    flow
    of
    water
    in
    the
    ditch
    strongly
    influenced
    the
    chemical,
    physical
    and
    biological
    character
    of
    the
    receiving
    bodies.
    The only demonstrable impacts on
    the
    biota
    of
    Long
    Point
    Slough
    were
    subtle
    changes
    in
    algal
    species
    composition
    and
    increased
    algal
    growth
    downstream
    of
    the
    unnamed
    ditch.
    The
    impacts observed during this study appear
    to
    result
    primarily
    from
    nutrient
    enrichment
    and
    toxicity
    of
    un-ionized
    ammonia.
    There
    is no
    indication that the
    concentrations
    of
    chlorides
    and
    total
    dissolved solids observed
    at
    the
    time of
    the
    study
    would
    alter
    the
    biota
    of
    the
    receiving streams.
    (Pet., Attachment A, p.i)
    The Agency’s 1985 Streams Assessment Survey reached
    similar conclusions:
    The data from the present survey compared
    well
    with
    the
    results
    reported
    by
    ANSP.
    There
    was
    a
    definite
    shift
    in
    macroinvertebrate
    populations
    downstream
    of
    the Borden
    discharge
    toward
    the more
    pollution
    tolerant
    Chironomidae
    and
    Oligochata.
    From the Agency data
    it also
    appeared
    that
    the
    major
    impact
    upon
    the
    stream
    occurred
    in
    the
    vicinity
    of
    Station
    C—2,
    approximately
    1.0
    mile
    downstream.
    The ANSP did
    not
    collect
    a
    sample
    in
    this
    area.
    At
    Station
    C—3,
    approximately
    2.8
    miles
    downstream,
    the
    stream
    had
    almost
    returned
    to
    upstream
    conditions.
    There appeared
    to
    be
    little
    or
    no
    impact
    on
    Long
    Point
    Slough.
    (Ex.
    5,
    p.
    2)
    116—347

    —6—
    The EcIS evaluated several environmental impacts.
    First,
    the report estimated that the levels of chloride
    and TDS would impact
    25
    of the spawning fish each year,
    killing a total of 128 fish for each of
    30 years.
    The
    report stated that contamination from the waterways
    would enter underground water and contaminate six
    private wells associated with homesteads near the
    unnamed tributary and Long Point
    Slough.
    The report
    calculated 87.6 person—hours per year of discomfort from
    drinking contaminated water.
    The
    report also calculated
    that contamination of the Illiopolis public water supply
    with dissolved solids would result
    in $37,278 of
    corrosion to metallic surfaces due to dissolved solids
    levels.
    The connection of chlorides in the drinking
    water
    to high blood pressure and cardiac disease was
    considered too tenuous to evaluate.
    There was substantial testimony at hearing that the
    ditch would be a discharge point
    for the groundwater
    rather than the other way around.
    (January 10,
    1989
    Hearing,
    p.
    17—21,
    73—91).
    Woodward—Clyde Consultants
    prepared a short geology and hydrogeology report which
    concluded that Borden effluent
    is not entering local
    groundwater wells.
    (Ex.
    13,
    pp.
    23—27).
    The Agency did
    not embrace the concept of groundwater contamination
    from Borden’s effluent.
    R86—l4, Opinion and Order,
    Feb.
    8,
    1990 pp.5—7.
    First Notice Proposed Rule
    In its First Notice Opinion and Order,
    the Board proposed
    site—specific relief
    in the form of an amendment to 35
    Ill.
    Adm.
    Code,
    Subtitle C:
    Water Pollution, Chapter
    I, Pollution Control
    Board, Part
    304, Effluent Standards.
    At First Notice,
    the Board
    proposed
    to add a new section
    to Subpart
    B:
    Site-Specific Rules
    and Exceptions Not of General Applicability.
    The proposed new
    section,
    35
    Ill. Adm. Code 304.211, would be entitled:
    Discharges from Borden Chemicals and Plastics Operating Limited
    Partnership Into An Unnamed Tributary of Long Point Slough.
    The
    language of
    the new section limited relief to Borden’s
    Illiopolis
    Plant and provided relief from Section 304.105 as
    it applies to
    water quality standards for total dissolved solids and chlorides
    limitations of Section 302.208.
    The relief would be effective
    so
    long as total dissolved solids and chloride concentrations do not
    exceed 2,500 mg/l and 800 mg/i,
    respectively.
    The new section as initially proposed stated:
    Section 304.211
    Discharges From Borden Chemicals and
    Plastics Operating Limited
    Partnership Into an Unnamed
    Tributary of Long Point Slough
    116—348

    —7—
    a)
    This Section applies to effluent from Borden
    Chemicals and Plastics Operating Limited
    Partnership’s Illiopolis
    Plant which
    is discharged
    to an unnamed tributary of Long Point Slough
    in
    Sangamon County,
    Illinois.
    b)
    Such discharges shall
    not be subject to Section
    304.105 as
    it applies
    to the water quality
    standards for total dissolved solids and chlorides
    of Section 302.208
    in the unnamed tributary and
    Long Point Slough
    to the confluence with the
    Sangamon River
    so long as
    the concentration of
    total
    dissolved solids does not exceed 2,500 mg/i
    and so long as the concentration of chloride does
    not exceed 800 mg/i in those waters.
    First Notice Comments
    Although the First Notice Opinion and Order provided for
    regulatory relief
    for Borden by the addition of
    a new Section
    304.211,
    in response to the Agency’s comments filed April
    12,
    1990, the Board proposed to restructure
    the relief
    to be
    granted.
    The Agency’s comments highlighted two issues:
    (1)
    the
    need to fashion relief
    in Part 303, rather than
    in Part
    304 as
    had been proposed at First Notice; and
    (2)
    the need for
    numeric limits
    for total dissolved solids and chloride
    concentrations which specify monthly average effluent
    limitations,
    as well as the maximum daily concentrations
    designated by the Board at First Notice.
    The Agency referred the Board to USEPA’s position
    in
    reviewing the John Deere site—specific rulemaking
    in R8l-26,
    that
    USEPA considered that the kind of relief proposed
    at First Notice
    amounted to de facto revision of
    the water quality standards for
    the receiving stream.
    According to the Agency,
    to
    be approvable
    under
    federal law, the relief
    for Borden should be included
    in
    Part 303, Water Use Designations and Site—Specific Water Quality
    Standards,
    Subpart
    C:
    Site—Specific Designations and Site—
    Specific Water Quality Standards.
    Second First Notice Proposed Rule
    The second First Notice proposal specifically incorporated
    the Agency’s suggestions
    in First Notice Comments filed April
    12,
    1990 that:
    (1)
    relief should be structured
    in the form of
    amendments to both Part 303 and Part 304; and
    (2) monthly average
    effluent limitations
    should be established
    in addition
    to the
    specified maximum daily concentrations.
    (See R86—l4, Second
    First Notice Opinion and Order,
    pp.
    2—4, May
    24,
    1990.)
    The
    second First Notice proposal provided
    new
    Section 303.431 and
    304.211 as follows:
    116—349

    —8—
    Section 303.431
    Long Point Slough and Its Unnamed
    Tributary
    The general use water quality standards
    for total
    dissolved solids and for chloride contained
    in Section
    302.208 shall not apply to Long Point Slough and its
    unnamed tributary, which receive discharges from the
    Illiopolis,
    Illinois facility of Borden Chemicals and
    Plastics Operating Limited Partnership,
    from the outfall
    of that facility
    to the point
    of the confluence of the
    unnamed tributary downstream with the Sangamon River.
    Instead this water shall comply with a total dissolved
    solids standard of 2,500 mg/l and a chloride standard of
    800 mg/I.
    Section 304.211
    Discharges From Borden Chemicals and
    Plastics Operating Limited
    Partnership Into an Unnamed
    Tributary of Long Point Slough
    The effluent standards
    for total dissolved solids and
    chloride discharged from the Illiopolis,
    Illinois
    facility of Borden Chemicals and Plastics Operating
    Limited Partnership into an unnamed tributary of Long
    Point Slough shall comply with the following effluent
    limitations
    as measured at the point of discharge to the
    unnamed tributary:
    Total Dissolved
    2,500 mg/l daily maximum
    Solids
    2,200 mg/l monthly average
    Chloride
    800 mg/i
    daily maximum
    700 mg/i
    monthly average
    Second First Notice Comments
    In separate comments filed on August
    6,
    1990,
    the Agency and
    Borden remained in agreement that site—specific relief should be
    granted.
    Three principal issues were raised
    in the second First
    Notice comments:
    (1)
    the particular sections(s)
    of the Board’s
    regulations which should be amended to provide site—specific
    relief;
    (2)
    the specific numeric limitations
    for chloride and
    total dissolved solids
    (“TDS”);
    and
    (3)
    the use of average
    monthly limitations for these discharges.
    1.
    Form of Regulatory Relief
    In the second First Notice Opinion and Order dated May 24,
    1990,
    the Board proposed amendments
    to the water quality
    provisions
    of
    35
    Ill. Adm. Code
    303 and to the effluent standards
    of
    35
    Ill.
    Adm. Code 304.
    This represented a change from the
    Board’s First Notice Opinion and Order
    of February
    8,
    1990, which
    provided regulatory relief by amending only Part
    304 Effluent
    Standards.
    116—350

    —9—
    In comments filed on August
    6,
    1990,
    the Agency suggested
    that,
    in lieu of new Sections 303.431 and 304.211 above,
    amendment
    of Part 303 alone “adequately addresses the changes
    in
    both water quality and effluent standards applicable
    to Borden’s
    Illiopolis
    facility.”
    Agency Recommendation,
    p.
    3.
    The Agency
    recommended structuring the requested relief
    in Section 303.431
    alone,
    as follows:
    Section 303.431
    *
    Long Point Slough and Its
    Unnamed Tributary
    a.
    This second applies only to Long Point Slough and its
    unnamed tributary from the point of Borden Chemicals and
    Plastics Operating Limited Partnership’s Illiopolis
    Plant’s discharge to the confluence of Long Point Slough
    and Old River.
    b.
    The General Use water quality standards for total
    dissolved solids and for chloride contained in Section
    302.208 shall not apply to Long Point
    Slough and its
    unnamed tributary as described above
    in subsection
    (a).
    Instead, this water
    shall comply
    with
    a total
    dissolved solids standard of 3000 mg/i and
    a chloride
    standard of
    900 mg/i.
    c.
    Section 304.105 shall not apply to total dissolved
    solids and chloride discharge by Borden Chemicals and
    Plastics Operating Limited Partnership as described in
    subsection
    (a),
    so long as effluent discharged from the
    facility complies with the following effluent
    limitations as measured at the point of discharge to
    the
    unnamed tributary:
    Daily Maximum
    Total Dissolved Solids
    3000 mg/i
    Chloride
    900 mg/i
    The Agency’s proposed Section 303.431(c) would impact the
    regulatory provision found
    in Section 304.105 that effluent
    discharges shall not cause a violation of an applicable water
    quality standard.
    The Agency’s proposed subparagraph
    (c)
    would
    provide relief for Borden from this requirement governing
    effluent discharges as an amendment
    to Part 303, Water Use
    Designations and Site—Specific Water Quality Standards,
    rather
    than within Part 304, Effluent Standards.
    The Board noted
    that the regulatory structure proposed by
    the Agency was used in the past in the case of Marathon Petroleum
    Company, R87—2 Opinion and Order,
    Sept.
    13,
    1989.
    However,
    the
    The Agency’s August
    6,
    1990 filing referred
    to
    Section
    303.341 which the Board concluded was
    a typographical error.
    116—35 1

    —10—
    Board was persuaded that the format used in the second First
    Notice proposal would be more appropriate,
    and
    it would
    be
    consistent with the relief fashioned in the Board’s more recent
    rulemaking, Site—Specific Limitation for the Modine Manufacturing
    Company Facility, Ringwood, Illinois, R87—36, Opinion and Order,
    May 24, 1990.
    The Board noted that
    to restructure the relief
    might require a third First Notice and consequent delays for
    procedural objectives only.
    As stated in the Board’s May
    24,
    1990 Opinion and Order
    (p.
    3)
    in this matter,
    the Agency had also
    indicated that USEPA might also find acceptable the regulatory
    structure proposed at second First Notice,
    and, therefore,
    further language revisions appeared unnecessary.
    2.
    Numeric Limitations on Effluent Discharges
    The separate comments received from both the Agency and
    Borden supported a modest increase
    in the numeric limitations for
    TDS and chloride concentrations.
    Rather than the initially
    proposed daily maximums of 2,500 mg/l and 800 mg/l for TDS and
    chloride, respectively,
    the participants strongly recommended
    that the limitations be set at 3,000 mg/l for TDS and 900 mg/i
    for chloride.
    The Board previously found that absence of
    significant environmental harm and the extreme costs of
    compliance supported the permanent relief requested.
    Furthermore, Borden provided historical data showing that the
    initially proposed numeric limitations would be exceeded
    periodically, resulting in violations of the newly established
    standards.
    The Board thus
    found that the numeric limitations
    should be
    increased as
    requested by the participants.
    3.
    Monthly
    Average Limitations
    At second First Notice,
    the Board imposed monthly average
    effluent limitations
    in direct response to the Agency’s comments
    filed on April 12,
    1990.
    The Board stated in its second First
    Notice Opinion and Order that “some
    level of monthly average
    limitations are ordinarily appropriate in conjunction with daily
    maximum limitations
    to regulate the total effluents received into
    waters of the State.”
    Opinion and Order, May
    24,
    1990
    (p.
    4).
    However,
    the participants later agreed that the lack of
    environmental harm supported
    a Einding that monthly average
    limitations should not be required.
    Since the Agency asserted
    that
    the daily maximum discharge
    “does not impair the water
    quality of the receiving stream,” the Board concurred with the
    Agency’s revised position
    in this limited factual setting, and
    the Board eliminated the monthly average limitations
    in the
    Second Notice Proposed Rule.
    (See Agency Comments, August
    6,
    1990,
    p.2)
    As
    a result of second First Notice Comments discussed above,
    the Board found that the Agency and Borden provided sufficient
    support for increasing the numeric limitations
    for TDS and
    chloride discharges and for deleting the monthly average
    limitations.
    The Board therefore proposed for Second Notice
    116—352

    —11—
    the following amendments
    to Parts
    303 and
    304:
    Section 303.431
    Long Point Slough and Its Unnamed
    Tributary
    The general use water quality standards
    for
    total dissolved solids and for chloride
    contained in Section 302.208 shall not apply
    to Long Point Slough and its unnamed trib-
    utary,
    which receive discharges from the
    Illiopolis,
    Illinois facility of Borden
    Chemicals and Plastics Operating Limited
    Partnership, from the outfall of that facility
    to the point of the confluence of the unnamed
    tributary downstream with the Sangamon
    River.
    Instead this water
    shall comply with a
    total dissolved solids standard of 3,000 mg/l
    and a chloride standard of 900 mg/i.
    Section 304.211
    Discharges From Borden Chemicals and
    Plastics Operating Limited Partnership
    Into an Unnamed Tributary of
    Long
    Point Slough
    The effluent standards
    for total dissolved
    solids and chloride discharged from the
    Iiliopolis,
    Illinois facility of Borden
    Chemicals and Plastics Operating Limited
    Partnership into an unnamed tributary
    of
    Long
    Point Slough shall comply with the following
    effluent limitations
    as measured at the point
    of discharge to the unnamed tributary:
    Total Dissolved
    3,000 mg/l daily maximum
    Solids
    Chloride
    900 mg/l daily maximum
    Final Adopted Rule
    Having received from JCAR its Letter
    of No Objection based
    on the above rule proposed for Second Notice,
    the Board
    finds
    that no other changes are necessary
    to the proposed rule.
    116—353

    —12—
    ORDER
    The Board hereby adopts the following amendments
    to 35
    Ill.
    Adm. Code 303 and 304 and directs the Clerk
    to file these
    amendments with the Secretary of State.
    Part 303
    Water Use Designations and Site Specific Water
    Quality Standards
    Section 303.431
    Long Point Slough and Its Unnamed
    Tributary
    The general use water quality
    standards for total dissolved solids and for
    chloride contained in Section 302.208 shall
    not apply
    to Long Point Slough and its unnamed
    tributary, which receive discharges from the
    Illiopolis,
    Illinois facility of Borden
    Chemicals and Plastics Operating Limited
    Partnership, from the outfall of that facility
    to the point of the confluence of
    the unnamed
    tributary downstream with the Sangamon
    River.
    Instead this water
    shall comply with a
    total dissolved solids standard of 3,000 mg/l
    and
    a
    chloride standard of 900 mg/l.
    Part 304
    Effluent Standards
    Section 304.211
    Discharges From Borden Chemicals and
    Plastics Operating Limited
    Partnership Into an Unnamed Tributary
    of Long Point Slough
    The effluent standards for total dissolved
    solids and chloride discharged from the
    Illiopolis,
    Illinois facility of
    Borden
    Chemicals and Plastics Operating Limited
    Partnership into an unnamed tributary of Long
    Point Slough shall comply with the following
    effluent limitations as measured at the point
    of discharge to the unnamed tributary:
    Total Dissolved
    3,000 mg/i daily maximum
    Solids
    Chloride
    900 mg/l daily maximum
    IT
    IS SO ORDERED.
    116—354

    -13—
    I, Dorothy M. Gunn,
    Clerk of the
    Illinois Pollution Control
    Board, hereby certify that the abo
    e
    _______
    ____________________
    ,
    1990, by a
    adopted on the
    c~7~
    day of
    ~
    and Order was
    vote of
    ‘7—o
    4 ~
    Dorothy M
    ,Gjinn, Clerk
    Illinois P~X1utionControl Board
    116—355

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