ILLINOIS POLLUTION CONTROL BOARD
    May 25,
    1989
    KOPPERS INDUSTRIES,
    INC.,
    Petitioner,
    v.
    )
    PCB 88—196
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    J.A.
    CARNES
    (PLANT MANAGER) APPEARED ON BEHALF OF THE PETITIONER.
    JOHN
    J.
    BRESLIN APPEARED ON BEHALF
    OF THE RESPONDENT.
    OPINION
    AND
    ORDER OF THE BOARD
    (by 3. Marlin):
    This matter comes before the Board on
    a Petition for
    Variance which was initially
    filed
    by Koppers Industries,
    Inc.
    (Koppers)
    on December
    6,
    1988.
    By
    its Order
    of December
    15,
    1988,
    the Board found the December 6th petition deficient
    and
    ordered that Koppers file an amended petition.
    Koppers did
    so on
    January 30,
    1989.
    In the Amended Petition, Koppers states that
    it has served
    a
    copy
    on
    the Metropolitan Sanitary District
    (now called the
    Metropolitan Water Reclamation District of Greater Chicago
    (M~RD)) so that M~~RD
    could
    join
    in the variance request
    if it
    so
    desired.
    MWRD receives Koppers’
    discharge.
    Koppers
    is seeking variance from 35
    Ill. Adm.
    307.1102 which
    prescribes effluent limitations
    for mercury
    in discharges
    to
    a
    publicly owned or publicly regulated
    sewer system.
    Koppers
    requests that
    it be granted
    a variance until November
    5,
    1990
    in
    order
    to allow construction
    of
    a wastewater treatment facility.
    According
    to Koppers,
    such
    a facility will enable
    its discharge
    to the
    MWRD
    system
    to achieve compliance with
    the mercury monthly
    average standard
    of 0.003
    mg/i.
    Koppers proposes
    interim limits,
    which would
    be
    in force during the requested variance period,
    of
    0.030 mg/i for
    a daily composite and 0.010 mg/l
    for
    a monthly
    average.
    Koppers waived
    its right to
    a hearing on its petition,
    and
    no one filed
    a timely objection to the petition.
    No hearing was
    held
    in this matter.
    On April
    6, 1989,
    the Board granted the Illinois
    Environmental Protection Agency’s
    (Agency) motion
    to file the
    Agency Recommendation instanter.
    In its Recommendation,
    the
    gency recommends that the Board grant Koppers
    a variance
    as
    requested.
    99—273

    2
    The discharge which
    is the subject
    of this variance
    is the
    wastewater discharge
    from Koppers’ manufacturing facility located
    at 3900 South
    Laramie Avenue, Cicero, Cook County.
    The Cicero
    facility employs 205 persons and
    is involved in the following
    processes:
    1)
    coal tar distillation;
    2) phthalic anhydride
    production;
    and
    3) polyester resin manufacture.
    Currently,
    the
    wastewater generated from these processes
    is pre—treated
    by pH
    adjustment,
    API separation,
    and dissolved air flotation and
    discharged to MWRD.
    A M~~JRDtreatment plant
    is located adjacent
    to the Koppers facility.
    (Pet.
    P.
    3—4).
    Koppers’ discharge rate
    is approximately 0.250 million gallons per day (MGD).
    (Pet.
    p.
    8).
    According
    to the Agency,
    the MWRD plant which receives
    Koppers discharge,
    the Stickney Water Reclamation Plant,
    in turn
    discharges
    to the Chicago Sanitary and Ship Canal.
    The MWRD
    plant has
    a design average flow of 1200 MGD.
    The Stickney
    facility provides secondary treatment and actually consists of
    two district plants.
    The West Plant
    is an Imhoff system and
    discharges
    to the Southwest Plant which
    is
    an activated sludge
    treatment works.
    (Ag. Rec.
    p.3).
    Koppers
    asserts
    that
    discharges
    which
    exceed
    the
    mercury
    standard
    are
    intermittent.
    The
    petition
    indicates
    that
    Koppers
    encountered discharges exceeding the monthly mercury standard
    in
    1981,
    1984 and
    1987.
    In recent years MWRD has “conducted one or
    two sampling campaigns per year
    to determine compliance”,
    according
    to Koppers.
    (Pet.,
    p.8).
    MWRD has the same monthly
    mercury standard as the Board.
    (Attachment
    2
    to Pet.).
    Sampling by MWRD in 1987 showed some violations of the daily
    composite and monthly standards
    for mercury.
    As
    a
    result Notices
    of Violation were
    issued by M~~RD
    (Attachments
    4 and
    5 to Pet.).
    Koppers entered
    into
    a Conciliation Agreement with
    MURD.
    That
    a~recmeiitcalLed
    iou
    a
    three phase sampling
    proy
    ram.
    I~oppers
    asserts
    that
    the
    results
    of
    the
    sampling
    program
    show
    that
    “~of
    the
    28
    days
    of
    sampling
    conducted
    in
    19881
    only
    2
    were
    out
    of
    compliance with the daily composite limitation”.
    According
    to Koppers,
    the sampling
    results also indicate
    that more than 90
    of the mercury
    is
    in an insoluble form and
    less than 10
    is
    in
    a soluble
    form.
    (Pet.,
    p.8).
    Koppers states that the sampling program results also
    indicate that the mercury content of the coal
    tars that it
    receives
    (as a
    raw material)
    is responsible
    for the mercury in
    Koppers’
    discharge.
    Koppers purchases its coal
    tars from various
    coke plant
    operators.
    At the Koppers plant,
    coal
    tar
    is refined
    into
    a number of products.
    The most important product
    is coal
    tar pitch which
    is used
    as a binder for carbon electrodes
    in the
    aluminum industry.
    The Petition states:
    99—274

    3
    In
    the
    last
    few
    years
    aluminum
    production
    has
    increased
    substantially.
    Because
    of
    the
    supply
    demand
    situation
    coal
    tar
    processors
    cannot
    afford
    to
    forego
    reasonable
    coal
    tar
    streams
    if
    they
    expect
    to
    satisfy
    customer
    demand.
    (Pet.,
    p.6).
    Koppers states that
    it
    is the largest manufacturer of coal
    tar—derived
    products
    in
    the
    United
    States;
    the
    plant
    at
    issue
    has
    the
    largest
    capacity
    of
    all
    Koppers’
    plants.
    Koppers
    asserts
    that
    all
    the
    coal
    tars
    from
    the
    available suppliers
    it
    uses
    have
    mercury contamination.
    Apparently,
    alternate supplies are not
    a
    possibility due
    to transportation costs.
    (Pet.
    p.6).
    As
    a result
    of recently promulgated pretreatment standards
    of the U.S. EPA which apply to Organic Chemicals,
    Plastics
    and
    Synthetic Fibers industries,
    Koppers
    is planning to construct a
    wastewater
    treatment plant.
    It
    is Koppers’ position that the
    wastewater treatment plant will enable Koppers
    to comply with the
    mercury standard
    of 307.1102.
    Koppers states
    that the new
    wastewater treatment plant combined with the existing pre-
    treatment will likely provide:
    1.
    pH control
    2.
    API
    separation
    3.
    Dissolved Air Flotation
    4.
    Equalization
    5.
    Biological
    treatment
    a.
    Aeration
    b.
    Nutrient addition
    c.
    Activated
    Carbon
    addition
    (if
    required)
    d.
    Clarification
    (Pet.
    p.7).
    The equalization process
    of the new plant will allow
    a
    minimum total equalization time of
    five—days.
    Such equalization
    will limit quality fluctuations and variations
    in Koppers
    discharge.
    Since Koppers only has intermittent periods of non-
    compliance, Koppers asserts that such equalization will
    even out
    the flow and reduce
    the likelihood
    of exceeding the standard.
    Secondly, Koppers expects the biomass of the activated
    sludge,
    biological treatment system to trap the insoluble portion
    of the mercury
    in the wastewater.
    However,
    soluble portions
    of
    the mercury content
    of the wastewater
    will continue to
    flow
    through the plant untreated.
    As
    a result,
    the soluble portion
    will ultimately be discharged.
    (Pet., p.10).
    Koppers claims that technologies which actually remove
    mercury,
    such as hydroxide precipitation and sulfide
    99—275

    4
    precipitation, are infeasible and expensive as applied
    to Koppers
    due
    to the relatively low concentration
    of mercury in the
    wastewater.
    (Pet., p.lO).
    The Agency agrees with Koppers’ assertion that granting a
    variance will have
    “no measurable impact on human,
    plant or
    animal life”.
    (Pet.,
    p.
    8).
    The bases for such
    a conclusion
    are:
    1)
    the relatively small amount of mercury discharged per day
    by Koppers (0.0069
    lbs per day);
    2)
    the types of dilution
    afforded
    by MWRD’s çffluent (ratio
    of Koppers’ flow
    to the M~RD’s
    flow
    is
    1
    to
    31265)i;
    and
    3)
    the intermittent nature of the
    mercury problem.
    (Ag. Rec.,
    p.
    3).
    As to consistency with
    federal
    law,
    the Agency states that
    there
    is no federal law or
    regulation specifically limiting
    mercury discharges
    by Koppers.
    (Ag. Rec.,
    p.
    5).
    The Agency recommends that Koppers
    be granted. a variance
    subject
    to the conditions which are set forth
    in the Agency
    Recommendation.
    According
    to the Agency,
    on
    December 13,
    1988,
    Richard Lanyon of MWRD verbally informed the Agency that
    the District supports
    Koppers’l
    Variance request”.
    However,
    despite
    a request,
    the Agency never received any written comment
    from MWRD.
    (Ag.
    Rec., p.5—6).
    Given the circumstances
    of this case,
    including the apparent
    minimal environmental impact which would result from the
    requested variance,
    the Board
    finds that compliance with Section
    307.1102, during the time period
    of the requested variance, would
    impose
    an arbitrary or unreasonable hardship upon Koppers.
    Consequently,
    the Board will grant Koppers
    a variance from
    Section
    307.1102 subject
    to conditions.
    As one of its recommended conditions,
    the Agency accepts the
    interim limits requested
    by
    Koppers.
    Koppers
    has requested
    eCfiuent limits
    of 0.030
    r.iy/i
    for d.~iiy composite and 0.010
    my/i
    tot monthly composite.
    According to Koppers,
    such values are consistent
    with recent
    data which showed non-compliance
    and the “worst—case”
    situation.
    (Pet.,
    p.
    11).
    The Board will accept
    the interim
    limitations
    and
    will
    impose
    them
    as
    a
    condition
    of
    the
    variance.
    Also,
    the
    Agency
    states that Koppers has agreed
    to comply
    with the schedule
    of implementing
    its compliance plan
    as set
    forth by Attachment
    #13
    to the Petition.
    (Ag.
    Rec..,
    p. 4).
    That
    schedule provides
    for completion of the wastewater treatment
    1 Koppers facility has
    a flow of 0.250
    and the Stickney plant has
    a design average flow of 1200 MGD.
    However,
    the average flow
    during the period of 10/87
    to 9/88 was 816.3 MGD.
    (Ag. Rec., p.4)
    99—276

    5
    facility and compliance
    by November
    5,
    1990.
    Koppers itself
    states that the time schedule
    is being maintained.
    Finally,
    although Koppers requests
    a variance from Section
    307.1102 and 304.104,
    the Board finds that
    a variance from
    Section 307.1102
    is sufficient
    to
    address Koppers’
    needs.
    This Opinion constitutes the Board’s finding
    of fact and
    conclusions of
    law.
    ORDER
    Koppers Industries,
    Inc.
    (Koppers)
    is hereby granted
    variance from Section 307.1102 with respect
    to the discharges
    to
    the Metropolitan Water Reclamation District of Greater Chicago
    (MWRD) system by Koppers’ plant located at 3900 South Laramie
    Avenue, Cicero.
    This variance
    is subject
    to
    the following
    conditions:
    1.
    This variance shall begin on May 25,
    1989 and expire
    November
    5,
    1990 or when Koppers achieves compliance,
    whichever occurs first.
    2)
    During the period of this variance Koppers’ discharge
    shall not exceed the following limitations
    for
    mercury:
    0.030 milligrams per liter
    (mg/l) measured as
    a daily composite and 0.010 mg/i measured
    as
    a monthly
    average.
    For the purpose of
    this variance, the terms
    “daily composite”
    and “monthly average”
    shall have the
    meanings
    as set forth
    in
    35
    Ill. Adm. Code 304.104(b).
    3)
    This variance does
    not provide relief from compliance
    with any local limits
    and
    does not affect any compliance
    agreement or order between Koppers and
    MWRD.
    4)
    Within 45 days
    after the date of this Order,
    Koppers
    shall execute and send to the Agency a Certificate
    of
    Acceptance
    of this variance by which
    it agrees
    to be
    bound
    by the terms
    and conditions contained herein.
    The
    executed Certificate
    shall
    be sent
    to:
    Illinois Environmental Protection Agency
    Attention:
    John 3.
    Breslin
    Enforcement Programs
    P.O. Box 19276
    2200 Churchill Road
    Springfield,
    IL
    62794—9276
    The 45—day period shall be held in abeyance
    for any
    period during which
    this matter
    is appealed.
    Failure
    to
    execute
    and forward
    the Certificate within 45 days
    renders this Variance void and
    of
    no force and effect.
    The form of the certification shall
    be
    as follows:
    99—277

    6
    CERTIFICATION
    I,
    (We)
    ,
    having read
    the Order of the Illinois Pollution Control Board
    in PCB 88—196,
    dated May
    25,
    1989, understand and accept the Order,
    realizing
    that such acceptance renders all terms and conditions thereto
    binding and enforceable.
    Petitioner
    Authorized Agent
    Title
    Date
    Section 41
    of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1987 ch. ~
    l,i~ par.
    1041, provides for appeal
    of final
    Orders
    of the Board within 35 days.
    The Rules
    of the Supreme
    Court
    of Illinois establish filing requirements.
    J.D. Dumelle concurred.
    IT
    IS SO ORDERED.
    I,
    Dorothy
    M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that
    the above Opinion and Order was
    adopted
    on the
    day of
    ~79)
    ,
    1989,
    by
    a
    vote
    of
    7
    -0
    -.
    2
    /
    .
    /
    2.
    ~
    ..-
    Dorothy
    M. ç~nn,Clerk
    Illinois Po~lutionControl Board
    99—278

    Back to top