ILLINOIS POLLUTION CONTROL BOARD

February

5,

1987

FRANTZ MANUFACTURING

COMPANY,

Petitioner,

V..

)

 PCB 86—143

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD

 (by R.

C.

 Flemal):

This matter comes before

 the Board upon an amended variance

petition filed by Frantz Manufacturing Company (~Frantz”) on

October

16,

 1986..

 Frantz seeks variance relief until July 2,

1987 from 35

 Ill.

 Adm..

 Code 304.120

as

 it relates to BOD and

304..~124(a) as it relates

 to Oils

The Illinois Environmental Protection Agency (~Agency”)

filed

 its Recommendation in this case on December

 11, 1986,

recommending that variance be granted subject

to

 conditions..

Frantz waived

 its right to hearing

 in this matter,

 and none was

held..

BACKGROUND

Frantz owns and operates

 a ball bearing manufacturing plant

located one mile west of Sterling

 in Whiteside County,

Illinois..

 The facility, which manufactures anti—friction wheels

and bearings

 for gravity

 flow conveyors,

 employs 97 employees and

does approximately $10,000,000

 in business annually..

One facet of the manufacturing work undertaken at the plant

involves the plating

 of the products produced

 there..

 Frantz

plates approximately 24,000 pounds of material per day through

the use of

 a zinc electro—plating process..

 This process consists

of an automatic barrel line with a zinc potassium chloride

bath.

 The equipment used in the plating process includes

a

650

gallon soap tank,

a

 390 gallon electro—clean soap tank,

 a 580

gallon rinse

 tank,

a

 290 gallon acid

 tank,

 a 580 gallon rinse

‘This parameter

 is referred

to

as

 “FOG”

 (Fats,

 Oils,

 and Grease)

by Frantz,

and

 as “Oil and Grease” by the Agency..

 For purpose of

consistency,

 it will

 be referred

to

 in this Opinion and Order

as

“Oils”, which

 is how it appears

in

 35 IlL

 Adm.

 Code 304.124(a)..

75.221

—2—

tank, two potassium chloride plating tanks of 1500 gallons each,

a

 290 gallon

1

 nitric acid dip tank,

 two 290 gallon chromate dip

tanks,

 a 580 gallon cold

 rinse tank, and a 290 gallon hot rinse

tank..

As

 a byproduct

 of the plating operation, approximately

17

gallons of effluent per minute emanate

 from the various rinse

tanks.

 These wastes are channeled through a DMP chemical

reduction and precipitation waste treatment system..

 Some of the

waste

 is recycled, with

 the remaining average of 4000 gallons per

day

discharged

Elkhorn

Creek

point

immediately

below

the

discharge

the

Sterling/Rock

Falls

sewage

treatment

plant..

The waste treatment system utilized by Frantz

 is designed to

reduce levels of

 heavy metals in Petitioner’s effluent, and

according

 to the Agency performs that task “well”.

 The system is

apparently not able, however,

 to adequately reduce BOD and Oils

concentrations..

Frantz first became aware of the problem with BOD and Oils

in proposed NPDES permit 1L0061859,

 dated November

14,

 1985..

The

prior permit did not require monitoring of BOD and

 oils..

Due

 to the relative recentness

 of attention to BOD and Oils

at the Frantz facility,

 the Agency has tested only a limited

number

 of samples of Petitioner’s effluent

 for these parameters,

with the following results:

Date

BOD

 (ing/l)

 Oils (mg/l)

7/15/86

111

38

2/25/86

198

84

8/26/85

50

6/10/85

25

7

2/4/85

111

11/28/84

112

 Sample not analyzed for this parameter..

 The oil was emulsified and,

 as a result, could not

be

 analyzed..

Frantz states that the BOD concentration

 in its effluent

ranges from 93 mg/i

 to 256 mg/i,

 while the Oils concentration

ranges from 13 mg/i

 to 128 mg/i..

 Frantz further acknowledges

that the average levels of BOD and Oils in its effluent are 166

ing/l

 and 69 mg/i,

 respectively..

 The effluent limitations

 for BOD

found at

35

 Ill.

 Adm..

 Code 304.120

(as

 it pertains

 to Frantz)

and

for Oils at

35

 Iii.

 Adm.,

 Code 304.124(a)

 are 30 mg/l and 15 mg/i,

respectively

75-222

—3—

RELIEF REQUESTED AND COMPLIANCE PLAN

Frantz proposes

 to adhere to the following discharge

limitations during the period of the proposed variance:

BOlD

 (wg/l)

 Oils (mg/i)

Daily Maximum

260

100

Daily Average

165

65

The Agency believes that the requested relief

is

“excessive”, and

 instead suggests the following limitations:

BOD

 (mg/l)

 Oils (mg/i)

Daily Maximum

200

100

Monthly Average

100

60

The compliance plan proposed by Frantz entails construction

of a sewer line connecting

 the Frantz facility with the City of

Sterling sewer

 system..

 This work will allow for

 the elimination

of the present discharge

 to Eikhorn

 Creek..

 According to Frantz,

the City of Sterling has already committed

 to constructing

the

sewer line to the plant, which

 is expected

to

 be operational by

July,

 1987..

ENVIRONMENTAL IMPACT

Neither

 the Agency nor Frantz have provided any sampling

data pertaining

 to Elkhorn

 Creek..

 The Agency notes that it has

not routinely sampled

 the relevant area of

 the creek since

1974...

 Since

 that time,

 both the Sterling/Rock Falls sewage

treatment plant and Frantz have begun discharging

 to the

 stream..

The Agency does note,

 though,

 that

 it and the Illinois

Department of Conservation performed biol9gical

 studies of the

Rock River Basin,

 including Elkhorn Creek

 Those investigations

resulted

in

 the development of

 a water quality index

 (“WQI”)

 used

to compare physical and chemical water quality data with

established

 standards.

 WQI values less than 20 indicate

increasing quality while values greater than 20

 indicate criteria

have been

 exceeded..

 Three Elkhorn Creek stations were

 studied..

One station was located

 in each

 of the following areas:

headwaters; midpoint of the

 stream;

 below the Frantz discharge,

near the mouth of the

 stream..

 The WQI values calculated for

these positions were as

 follows:

2The Agency does not state when

 this work was undertaken,

but

it

was apparently done after

 the Sterling/Rock Falls sewage

treatment plant and

 Frantz had begun discharging

 to the stream..

75-223

—4—

Headwaters:

 l6..2

Midpoint:

 None Given

Below Frantz Discharge:

 40.4

Although the WQI rose downstream of the Frantz discharge,

the Agency indicates that what it finds to be of greater

significance

 is that all stations on Eikhorn Creek were

determined

 to be “full aquatic life support

 streams”..

 For this

reason, and also because the Frantz discharge would account for

only 0.02

 of the 7—day 10—year low flow of Elkhorn Creek,

the

Agency anticipates that granting of the requested variance would

cause no adverse environmental

 impact..

HARDSHIP

Frantz alleges that continued operation of its

 plating line

is critical

to

the

 company..

 Petitioner

 further indicates that

if

it were forced

 to cease operation of the plating line,

the

materials needing plating would have

 to be transported

 a minimum

of

 45 miles

 to receive the same treatment..

 Plating costs would

be expected

 to double, which Frantz contends would adversely

affect the company’s position in what it terms a highly

competitive market..

 Frantz also states that three of its plating

department personnel would be laid off

as

 a consequence of

ceasing plating

 operations.

The Agency believes that these allegations are not of

sufficient weight

 to support the position that denial of the

requested relief would

 cause arbitrary or unreasonbie hardship to

Frantz..

 The Agency admits,

 though,

 that

 in its view

a

“technical” hardship would result due

 to the inability of Frantz

to meet the BOD and Oil effluent limitations..

 Moreover, the

Agency believes that Frantz

 is proceeding

 in good

 faith by

requesting this variance even though the NPDES permit has not yet

been

 reissued..

CONCLUSION

The Board

 finds that Frantz would

 incur

 an arbitrary or

unreasonable hardship

 if required

 to comply immediately with the

regulations

 in question..

 This,

 in combination with the limited

duration of the requested relief,

 the presence of

 a commitment

to

comply,

 and the minimal environment impact expected over the

duration of

 the variance, persuade the Board

 that the requested

relief should

 be granted..

 The Board will therefore grant Frantz

variance from Sections 304.120

 and 304..l24(a),

 subject

 to certain

conditions discussed

 below..

As already noted,

 the Agency has indicated

 its belief that

the interim effluent limitations requested by Frantz are

excessive..

 Establishing interim limitations

 in this case is a

somewhat difficult task because

it

 is hard

 to do

 so when not a

75.224

—5-.

great deal

 of effluent data exists.

 Nevertheless,

 the Board

believes the limitations suggested by Frantz are most applicable

in

 this case,

 and will

 impose them as

 a condition of the variance

relief granted

 today,

 for the following

 reasons..

Frantz has submitted

 the ranges and averages of

 BOlD and Oils

concentrations it has observed

 in its discharges..

 These values

are significantly higher than those shown by the Agency’s data,

but the Agency itself admits that its data

 are limited..

Moreover,

 the limitations suggested by Frantz are reasonable

in

light of its data.

 Frantz admitted that it could reduce its

discharge of Oils during

 the variance period through the use of

surface skimming or capture elements,

 but that

 it could not

significantly reduce

 its BOD levels

 under

 the existing

conditions..

 These factors are reflected

 in the numerical

limitations Frantz suggests.

Finally,

 the Agency raised

 the point that since construction

of the sewer line

 is the responsibility of the City

 of Sterling

(and

 thus out of the hands of Frantz),

 the length of the variance

period requested by Frantz may not be sufficient.

 The Agency

believes

 it would

 be more prudent

 to add

 an additional

60

 days

to

the variance period..

 The Board concurs,

 and will so indicate

in

its Order..

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter..

ORDER

Frantz Manufacturing Company (“Frantz”), Bearing Division,

is hereby granted variance

 from 35 Ill.

 Adm. Code 304.120

(as

it

relates

 to HOD) and 304.124(a)

(as

 it related

 to Oils)

 for the

discharges from the plating operations at its Sterling,

 Illinois

facility,

 subject

 to the

 following conditions:

1..

 The variance shall terminate upon the completion of the

sewer

 line connecting

 the Frantz plant with the City of

Sterling wastewater

 system,

 or on September

1,

 1987,

whichever occurs

 first..

2..

 During

 the variance period Frantz shall meet the

following interim effluent limitations:

HOD

 (mg/i)

 Oils

 (mg/l)

Daily Maximum

260

100

Monthly Average

165

65

75-225

—6—

3..

 Frantz shall perform all actions necessary to complete

its connection

 to the City of Sterling wastewater

system, and shall

 report to the Illinois Environmental

Protection Agency (“Agency”) on June

 1, 1987,

 regarding

 the status of the project..

 Frantz shall

 also report to

the Agency upon the completion of the

 project..

4..

 Frantz shall make timely application to the Agency for

any necessary permits,

 including but not limited

to

construction and pretreatment permits.

5..

 Within 45 days after the date of this Opinion and Order,

Frantz

 shall

 excecute and send to:

Illi’-ois Environmental Protection Agency

Attention:

 James

 Frost

Division of Water Pollution Control

Compliance Assurance Section

2200 Churchill Road

Springfield,

 Illinois

62706

a certificate of acceptance of this variance by which it

agrees

to

 be bound

 by the terms and conditions contained

herein..

 This

 45 day period

 shall

 be held

 in abeyance

for any period during which this matter

 is appealed.

The

 form of the certification shall be as

 follows:

CERTIFICATION

I,

 (We), ___________________________,

 having read the

Opinion and Order

 of the Illinois Pollution Control Board,

 in PCB

86—143, dated February

 5, 1987,

 understand

 and accept the said

Opinion

 and Order, realizing that such acceptance renders all

terms and conditions thereto binding and enforceable..

Petitioner

By:

 Authorized Agent

Title

Date

75.226

—7—

IT

 IS SO ORDERED..

Dorothy

M..

Gunn,

Clerk

the

Illinois

Pollution

Control

Board,

hereby

certify

that

the

above

 Opinion and Order was

adopted

the

day

-~-t-ø-~,

1987,

vote

___________.

(

~7.

Dorothy

M..

 dunn, Clerk

Illinois Pollution Control Board

75.227