ILLINOIS POLLUTION CONTROL BOARD

April

7,

1988

IN THE MATTER OF:

PROPOSED SITE SPECIFIC RULE

CHANGE FOR REILLY TAR AND

)

R88—9

CHEMICAL CORPORATION, GRANITE

CITY FACILITY:

35

ILL.

ADM.

CODE 307.1102

PROPOSED RULE

FIRST NOTICE

ORDER OF THE BOARD (By Michael Nardulli):

This matter comes before

the Board on

a Petition

for Site

Specific Rule Change filed on behalf of the Reilly Tar and

Chemical Corporation’s Granite City Facility.

The petition was

filed with the Board on March

8,

1988.

Presently, the

concentration

of mercury

in

the wastewater discharge

from the

Reilly Tar and Sand Chemical Corporation’s Granite City facility

is governed by the effluent standards for mercury

in

35

Ill.

Adm.

Code Section 307.1102

Section 307.1102(a)

limits the

concentration of mercury in any discharge

to a publicly owned,

or

publicly regulated,

sewer system to 0.0005 milligrams per liter,

subject

to the averaging rule contained

in 35

Ill.

Adm. Code

304.104(a).

The existing exceptions

to the standard established

by Section 307.1102(a)

are laid out in

the subsequent paragraphs

of Section 307.1102.

The Petitioner petitions the Board

to

further amend 35

Ill.

Adm.

Code Section 307.1102

to add the

paragraph

set forth below.

On January 21,

1988,

the Board adopted Resolution 88—1,

which outlined various procedures which the

Board would begin

to

utilize

in order

to expedite

the rulemaking

process.

One of

these procedures

is

for the Board

to send

a regulatory proposal

to First Notice before ruling on the merits of the proposal.

The

Board

finds that it

is appropriate

to utilize

that procedure

in

this proceeding.

As a result,

the Board hereby adopts the proposal set forth

below for

First Notice and directs

the Hearing Officer

to cause

the publication of the proposal

in

the Illinois Register.

This

action

is

in no way to be construed as

the Board’s substantive

position with regard

to

this matter.

Consistent with Res88—l,

the Board directs

the Hearing

Officer

to schedule only one merit hearing

in this matter.

No

other

hearings will

be scheduled unless

the Board

finds that the

issues of this proceeding

warrant

further investigation.

In

addition,

the Hearing Officer

is

to establish deadlines

for the

pre—filing

of testimony and exhibits for anyone who wishes to

introduce evidence at the merit hearings.

Those who do not

88—215

---

—2—

prefile

such materials will be able

to present

their evidence

only

if time permits at

the end of the hearing

process.

The Board believes that such procedures will accelerate

the

rulemaking process and at

the same time provide continued

opportunity for public participation.

ORDER

The Board directs the Clerk of

the Board

to submit the

following proposed amendments

to

the Secretary of States Office

for

First Notice publication.

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE C:

WATER

POLLUTION

CHAPTER

I:

POLLUTION CONTROL BOARD

PART

307

SEWER DISCHARGE CRITERIA

SUBPART

B:

GENERAL AND SPECIFIC PRETREATMENT REQUIREMENTS

Section

307.1101

General

and Specific Requirements

307.1102

Mercury

307.1103

Cyanide

SUBPART B:

GENERAL AND SPECIFIC PRETREATMENT REQUIREMENTS

Section 307.1102

Mercury

a)

Except

as provided

below,

no person shall

cause or allow

the concentration of mercury

in any discharge

to a

publicly owned

or publicly regulated

sewer

system to

exceed

the following level, subject to the averaging

rule contained

in 35

Iii. Mm.

Code 304.104(a):

STORET

CONCENTRATION

CONSTITUENT

NUMBER

mg/l

Mercury

71900

0.0005

b)

It

shall be

an exception

to subsection

(a)

if the

discharge

is

to

a publicly owned or publicly regulated

sewer system which

is required

to meet

a limitation less

stringent than the 0.0005 mg/l mercury concentration

in

which case the discharge limitation

shall

be

the same as

that

applicable

to

the

publicly

owned

or

regulated

sewer

system

to

which

it

discharges.

c)

It

shall

be

an

exception

to

subsection

(a)

if

all

the

following conditions are met:

88—216

---

—3—

1)

The discharger

does not use mercury; or,

the

discharger

uses mercury and this

use cannot be

eliminated; or,

the discharger uses mercury only

in

chemical analysis or

in laboratory or other

equipment and

takes reasonable care

to avoid

contamination

of

wastewater;

and,

2)

The

discharge

mercury

concentration

is

less

than

0.003 mg/l,

as determined by application of the

averaging rules of

35 Ill. Mm.

Code 304.104(a);

and,

3)

The discharger

is providing

the best degree of

treatment consistent with technological

feasibility, economic

reasonableness and sound

engineering judgment.

This may include no

treatment for mercury;

and,

4)

The discharger

has

an inspection and maintenance

program likely to reduce or

to prevent an

increase

in the level

of mercury discharges.

d)

The discharge of wastes from medicinal

or therapeutic

use

of

mercury,

exclusive

of

laboratory

use,

shall

be

exempt from

the limitations of subsection

(a)

if all the

following conditions are met:

1)

The total plant discharge

is less than 227 g (one

half pound)

as

Hg

in any year;

2)

This discharge

is to

a public

sewer system;

and

3)

The discharge does

not,

alone or

in conjunction

with other

sources, cause

the effluent

from the

sewer system or

treatment plant

to exceed 0.0005

mg/l of mercury.

e)

No person shall cause or allow any discharge of mercury

to

a

publicly

owned

or

publicly

regulated

sewer

system

which,

alone

or

in

combination

with

other

sources,

causes

a violation by the sewer

treatment plant

discharge of

the water quality standard

of

35

Ill.

Adrn.

Code 302 for mercury applicable

in the receiving stream.

f)

For purposes of permit issuance the Agency may consider

application

of

the

exception

of

subsection

(b)

or

Cc)

to

determine

compliance

with

this

Section.

The

Agency

may

impose

permit

conditions

necessary

or

required

to

assure

continued application of the exception.

When

subsection

(b)

or

(c)

applies,

the

Agency

may

impose

an

effluent

limitation

in the permit which allows the discharge of

a

concentration

of

mercury greater than 0.0005 mg/I but

not more

than 0.003

mg/l.

88—2 17

---

—4—

~ft

The mercury standards of

Section

307.1102 shall

not

apply to any coal

tar refinery located

in Granite City

which discharges

to any publicly—owned

treatment works

which receives such

a manufacturing

facilities

wastewater.

The amount of mercury discharged

by any

such manufacturing facility shall

not exceed

a monthly

average of 0.025

mg/l nor

a maximum of 0.035 mg/i during

any one day.

Any publicly—owned treatment works which

directly or

indirectly, receives such

a manufacturing

facilities wastewater

shall

be entitled

to discharge

mercury

in excess of the levels provided

in Section

304.126

to the extent that said discharge exceeds those

levels because of such a manufacturing

facilities

discharge.

IT SO ORDERED.

I,

Dorothy M Gunn, Clerk of the Illinois Pollution Control

Board,

hereby certify that

the ~above Order

was adopted on

the

____________

day of ________________________

,

1988,

by

a vote of

Dorothy

M.

C nn, Clerk,

Illinois Pollution Control

Board

88—2 18