ILLINOIS POLLUTION CONTROL BOARD

February

8,

1990

IN THE MATTER OF:

THE PETITION OF BORDEN CHEMICALS

AND PLASTICS OPERATING LIMITED

PARTNERSHIP

(FORMERLY BORDEN

)

R86-14

CHEMICAL COMPANY) FOR A SITE—

)

(Ruemaking)

SPECIFIC RULE CHANGE REGARDING

WASTEWATER DISCHARGES INTO AN

UNNAMED TRIBUTARY OF LONG

POINT SLOUGH

PROPOSED RULE

FIRST NOTICE

OPINION AND ORDER OF THE BOARD

(by

B.

Forcade):

This matter comes

to the Board on

a petition for site-

specific rulemaking

filed March

31,

1986.

The original petition

was filed

by Borden Chemical Company, but the petitioner’s name

was subsequently changed to Borden Chemicals and Plastics

Operating Limited Partnership.

(See Order

of August

4,

1988;

hereinafter

the petitioner

will

be

referred to as

“Borden”).

The

merit hearing was held December

10,

1986

in Springfield.

The

Department

of

Energy and Natural Resources

(“DENR’~) filed the

Economic Impact Statement (“EcIS”)

on October

17,

1988.

A

hearing was held on the EcIS on January

10, 1989.

Final comments

were filed by Borden and the Illinois Environmental Protection

Agency (“Agency”)

on February

22,

1989.

The present petition relates

to Borden’s Illiopolis, 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,

Illinois.

The plant primarily produces polyvinyl chloride

resins, polyvinyl acetate emulsions,

and polyvinyl chloride

plastic

film.

The plant presently employs approximately 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

(“NESIiAPS”)

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 approx-

imately 800,000 gallons of effluent a day.

The maximum TDS

concentration may be as high

as 2500 mg/l;

the average

is usually

below 1200 mg/l.

The average chloride concentration

is usually

less than 700 mg/l.

These concentrations

do not violate any

11)8—111

---

—2—

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 an unnamed tributary

which drains into Long Point

Slough about dne 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

is

blocked by

a levee,

but the west branch carries

flows downstream

to its confluence

with the Sangarnon

P1-icr.

The unnamed tributary

is approxirratey 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 ~

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 se-;eral meters.

The banks

along the Slough are heavily vegetated.

The primary regulation affecting

today’s proceeding

is

35

Ill. Adm. Code 302.208.

That regulation provides that

concentrations

of TDS

in the waters under consideration here

shall

not exceed 1000 mg/l and concentrations

of chloride shall

not exceed 500 mg/l.

The other regulatory provision of concern

is

35

Ill.

Adm. Code 304.105 which provides that no effluent

shall, alone or

in combination with other sources,

cause

a

violation of any applicable water quality standard.

Data

supplied by Borden show violations of both TDS and chloride water

quality standards

in the unnamed tributary downstream of Borden’s

discharge or

in Long Point Slough do-:nstream of

the confluence

with the unnamed tributary

(Petition,

Exhibit

A,

Table

1).

These

data clearly show

a conflict between

the existing water quality

and the existing water quality standards,

and show that

the

conflict

is

related to Borden’s discharges.

After

reviewing

the

situation,

Borden believes the most appropriate remedy for

this

conflict

is

to amend

the existing reouatory

language to

reflect

existing conditions.

Borden proposes the followinc regulatory language be added

to the Board’s

rules:

Section 304.211

Discharces

from Borden

Chemical

Company

into

an

unnamed

tributary

of

Long

108—i

---

—3—

a)

This

section

applies

to

effluent

from

Borden

Chemical

Company’s

Illiopolis

Plant which

is discharged

to a tributary

of

Long Point

Slough

in Sangamcn County,

Illinois.

b)

The

total

dissolved

solids

and

chloride

standards of Rule 302.208 shall

not apply

to waters of an unnamed tributary of Long

Point

Slough,

which

tributary

begins

approximately

15,050

feet

above

the

confluence

of

such

tributary

with

Long

Point

Slough

and

ends

with

said

con-

fluence,

and

in

Long

Point

Slough

from

said confluence to the confluence

of Long

Point Slough with Old River.

C)

Borden’s

effluent

shall

not

cause

the

water quality

in the unnamed tributary or

in

Long

Point

Slough

to

exceed

a monthly

average concentration level

of 2,200 mg/l

for

total dissolved solids.

d)

Borden’s

effluent

shall

not

cause

the

water quality

in

the unnamed tributary or

in Long Point Slough

to exceed

a monthly

average

concentration

level

of

700 mg/l

for chloride.

e)

Borden’s

effluent

shall

not

cause

the

water quality

in the unnamed tributary or

in

Long

Point

Slough

to

exceed

a

daily

maximum concentration level of 2,500

mg,’l

for

total dissolved solids.

f)

Borden’s

effluent

shall

not

cause

the

water quality

in the unnamed tributary

or

in

Long

Point

Slough

to

exceed

a

daily

maximum

concentration

level

of

800

mg/l

for chloride.

(Borden’s Supplemental Submission,

January

30,

1987,

p.

8)

DISCUSSION

The Board must evaluate Borden’s request

to determine

whether compliance

with the existing

standards

is technically

feasible and economically reasonable.

If

it

is

not,

the Board

must

evaluate the economic,

technical and environmental factors

that would influence adopting the proposed regulatory language.

At the outset,

the Board must note that Borden,

the Agency,

and

the DENR all generally support adoption of amended regulatory

language to provide

relief

to Borden.

11)8-113

---

—4—

There

is no question that

it

is

technically feasible for

Borden

to comply with existing regulatory

standards.

Borden’s

sole assertion

is

that

such compliance

is not economically

reasonable.

According

to water quality models,

Borden would have

to reduce

their TDS and chloride concentrations

by about

28

percent

in order

to achieve compliance with the water quality

limits.

(EcIS,

p.

2).

No in—plant process changes were

identified which would allow such reductions~ however,

six “add—

on” wastewater

treatment technologies were

identified

in the

EcIS.

A summary of

those alternatives studied

in the EcIS

fol lows.

The first control alternative

is

to use reverse osmosis with

landfilling of the resulting brine.

This process

is

a membrane—

separation technique

in which a semi—permeable membrane allows

water permeation while acting

as

a highly selective barrier

to

the passage of dissolved, colloidal and particulate matter.

The

process would be most effective

if placed at the end of

the

incinerator/scrubber and zeolite regeneration.

By cleaning the

wastestream from only these two processes,

10 percent of

the

total flow would be treated while

56 percent

of the TDS and 74

percent of the chlorides would be removed from the final

effluent.

The above process would generate about 18,000 gallons

per day of brin?

waste material.

The first control alternative

involves solidification of this material followed by land—

filling.

The cost

of

this option over

a

30 year period

(capital

costs plus operation and maintenance costs)

is estimated at

$1,198,655.

The second control alternative involves the same reverse

osmosis process followed by deepwell injection of the brine

waste.

This proved to be the least expensive option considered,

with an estimated

30 year cost

of $877,483.

The third control alternative involved the same reverse

osmosis process along with electrodialysis

(one of

the most

widely used methods of

treating brackish waters).

Again,

a brine

waste would result which would have to be disposed of by some

method.

The landfilling option would have

a

total

30 year

estimated cost

of $1,486,568, making

this the most expensive

alternative considered.

The fourth control alternative

is the same as the third

(reverse osmosis along with electrodiaysis),

however,

the

resulting brine waste would be deepwell

injected.

Estimated

30

year costs are $1,305,000.

The fourth control alternative employs electrodialysis

instead

of reverse osmosis.

The resulting brine

is solidified

and landfilled for

a total

30 year estimated cost of $1,422,922.

The sixth and last control alternative involves electro—

dialysis followed by deepwell

injection of the resulting brine

waste.

This Option has

an estimated

30 year cost of $1,101,750.

1118-114

---

—5—

All

of the above

costs from the EcIS have a 20

uncertainty

factor.

For example, the least expensive control option

(#2,

reverse osmosis/deepwell injection) has a cost range

of

$701,986

—

$1,052,980,

with

a cost estimate of $877,483.

At hearing, Borden took issue with the costs developed

in

the EcIS,

claiming they were low by approximately one order

of

magnitude:

In all cases with

respect

to add—on treatment,

the costs estimates contained

in the EcIS were

found

to

be

approximately an

order

of magni-

tude

lower

than

costs

developed

by Woodward-

Clyde

and,

for

that

matter,

lower

than

the

costs developed

in

1987

by Crawford,

Murphy

&

Tilly

as

part

of

the

merit

hearing

in

this

proceeding.

The difference appeared

to

be

a

result

of

low unit

cost estimates

used

in

the

EcIS

and

incomplete

costing

of

all

system

components.

Calculation

of

the

cost

of

reverse

osmosis

and

electrodialysis

add-on

technologies,

for

example,

did

not

take

into

account

the need

for

intermnediate. storage

of

73,000 gallons of wastewater

to

be

treated and

the

18,250

gallons

of

brine

from

the

reverse

osmosis

or

the electrodialysis.

Also missing

from

the

estimates was

a

full

costing

of

all

the

pretreatment

units

necessary

to

treat

Borden’s wastestream.

(January 10,

1989 Hearing,

pp.

10—11)

Borden also asserted the EcIS assumption

of 270 days cf plant

operation per year was incorrect

in that the plant operates 365

days per year,

and questioned the assumption

that

a Class V deep

well would be adequate under

the present regulatory framework

rather

than the more expensive Class

I well.

(January

10, 1989

Hearing,

pp.

12—13,

16—17;

See also

Ex.

13).

The compliance costs

reported

in the EcS

ranged from

$877,483

to $1,486,568.

Borden’s evaluation

of the costs of

the

exact

same alternatives ranged from $17,733,000

to $80,838,000.

(Ex.

14).

In addition

to the economic factors bearing on the requested

regulatory change, are the environmental factors.

Much of the

information on environmental effects comes from the following

sources;

the “984

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;

1fl8—i1~

---

—6—

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,

from the

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 minimal 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 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

character-

istics

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 down-

stream

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

nc

indication

that

the

concentrations

of

chlorides

and

total

dis-

solved

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 Stream 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

popula—

I 08—11 ~

---

—7—

tions

downstream

of

the

Borden

discharge

toward

the

more

pollution

tolerant

Chirono-

midae 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)

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 underg~ound 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.

Conclusions

The Board believes the economic information developed by

Borden presents

a more accurate estimate of the costs

of

compliance than the information presented

in the EcIS.

First,

the Borden information seemed consistent from 1987

to

1989 with

two separate consulting

firms developing similar cost infor-

mation.

Second,

the Borden information was developed

using

assumptions

(plant operational

days,

pretreatment

requirements,

temporary storage capacities,

etc.

)

that would appear

to

be

better understood

by Borden representatives

than by the EcIS

contractors.

Third,

the assumptions relied upon by Borden were

stated at

the January

10,

1989 hearing, and not refuted by

witnesses

testifying on behalf

of

the EcIS.

And lastly,

the

Agency had the opportunity to review both sets

of data and

concluded

that Borden’s estimates were more likely accurate.

(Agency final Comments,

p.

3).

Therefore,

the Board finds

that

10$ 117

---

—8—

the costs of compliance are likely to be from $17,758,000

to

$80,842,000.

The Board also believes that the information on environ-

mental effects developed by Borden and the Agency

is more

likely

to be correct

than the information presented

in the EcIS.

Both

Borden and the Agency based

their estimates

of

the effects

on

visual and scientific testing conducted

by individuals skilled

in

that craft.

The EelS contractors did not purport

to be skilled

biologists or chemists.

Further,

the LoIS described consequences

are premised on large volumes of

effluent entering the under-

ground water supply.

This conclusion

is premised on reading

elevations from one USGS topological map,

without any corrobor-

ating field work.

(January 10,

1989 Hearing,

p.

77).

The Borden

assertions are based on substantial

technical evaluation,

with

supporting field work.

The Board must conclude that substantial

Borden effluent does not

enter the underground water and that

conclusions about well contamination are not well founded.

The Board also notes

that

the EcIS assertions

about

128

fish

killed per year

from TDS and chlorides

is

at odds with the

testimony of

skilled biologists.

They concluded after field

investigations and literature

reviews, that

the “only”

demonstrable impact was a shift

in algal and macroinvertebrate

species.

That

is

in direct conflict with

the EcIS assumptions

of

25 per cent fish mortality.

The Board must conclude that the

assertion

of fish mortality

is not persuasively demonstrated.

In summary,

the Board must agree with Borden (Petition pp.

24—26),

the Agency

(Final Comments,

P.

3),

and DENR

(EelS,

p.

70)

that the costs

of compliance outweigh any environmental benefit

presented in the record.

Further,

the Board must conclude that

it

is technically

feasible, •but not economically

reasonable

for Borden

to comply

with the existing standards.

Therefore,

the Board, will propose

alternative regulatory language

to provide relief

to Borden.

The Board believes that the most appropriate character-

ization and placement of the regulatory language would be

to

style it as

a Section

in Part

304;

Subpart

B,

and to characterize

it

as an exclusion from the applicability of the water quality

violation provisions of Section

304.105 as

it pertains

to

the TDS

and chloride standards

of Section

302.208,

so long

as the

alternative standards are met.

The language has been modified to

address

“Borden Chemicals and Plastics Operating Limited

Partnership”,

rather than Borden Chemical Company.

The Board

L~lieves the most appropriate limitations are the never—to—exceed

values

of 2,500 mg/l for TDS and 800

mg,/l

for chloride as

suggested

by Borden and supported by the Agency.

The Board will

not include monthly average water quality standard values;

no

other water quality standards adopted by the Board are set

to

monthly averages,

and monitoring and enforcement techniques would

seem tenuous at

best.

11)8—118

---

—9—

Today’s regulatory proposal

is

intended

to apply from the

point of Borden’s discharge

in the unnamed tributary,

downstream

to the confluence with the Sangamon River.

It

is intended to

insulate Borden only while the water quality

for TDS and chloride

in that stretch

of water

remains below

2,500 mg/l and 800 mg/l

respectively.

If either one of those values is exceeded,

Borden

would be subject

to enforcement,

or additional permit controls.

ORDER

The Board hereby proposes

for First

Notice the following

amendments

to

35

Ill.

Adm.

Code,

Subtitle

C:

Water Pollution,

Chapter

I,

Pollution Control

Board,

Section

304.211, Discharges

from Borden Chemicals and Plastics Operating Limited Partnership

into an unnamed tributary

of Long Point Slough.

The Clerk of

the

Board

is directed

to file these proposed amendments with the

Secretary of State.

Section

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

C:

WATER POLLUTION

CHAPTER

I:

POLLUTION CONTROL BOARD

PART 304

EFFLUENT STANDARDS

SUBPART

B:

SITE SPECIFIC RULES AND EXCEPTIONS

NOT OF GENERAL APPLICABILITY

304.201

304.202

304.203

304.204

304.205

304 .206

304.207

304.208

304. 209

304.210

304.211

304.212

304.213

304.214

Wastewater Treatment Plant Discharges of the

Metropolitan Sanitary District of Greater Chicago

Chlor—alkali Mercury Discharges

in

St.

Clair County

Copper Discharges by Olin Corporation

Schoenberger

Creek: Groundwater Discharges

John Deere Foundry Discharges

Altoi-t Water Company Treatment Plant Discharges

Galesburg Sanitary District Deoxygenating Wastes

Discharges

City of Lockport Treatment Plant Discharges

Wood River Station Total Suspended Solids

Discharges

Alton Wastewater Treatment Plant Discharges

Discharges From Borden Chemicals and Plastics

Operating Limited Partnership

Into An Unnamed

Tributary of Long Point Slough

Sanitary District

of Decatur

Discharges

Union Oil Refinery Ammonia Discharge

Mobil Oil Refinery Ammonia Discharge

City of Tuscola Wastewater Treatment

Facility

Discharges

Newton Station Suspended Solids Discharges

North Shore Sanitary District Phosphorus Discharges

304.215

304.216

304.219

los—11~

---

—10—

304.220

East

St. Louis Treatment Facility,

Illinois—

American Water Company

Section 304.211

Discharges from Borden Chemicals and Plastics

Operating Limited Partnership into an unnamed

tributary of Long Point Slough

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 chloride of Section 302.208

in the

unnamed tributary and Long Point Slough

to the con-

fluence with the Sangamon River

so long as

the concen-

tration of

total dissolved solids does not exceed 2,500

mg/l and so

long as the concentration of chloride does

not exceed 800 mg/l

in those waters.

IT IS SO ORDERED

I,

Dorothy M. Gunn,

Clerk of

the Illinois Pollution Control

Board,

hereby ce~~f~y

that the abo e Opinion and Order was

adopted on the

~

day of

__________________,

1990,

by

a

vote of

7—c)

Illino

Control Board

108— 121