ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    December
    20,
    1984
    REILLY TAR & CHEMICAL
    CORPORATION
    and THE CITY OF GRANITE
    CITY,
    Petitioners,
    )
    PCB
    84~82
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    Respondent~
    OPINION
    AND
    ORDER
    OF
    THE
    BOLRD
    (by
    3.
    D,
    Dumelle):
    This
    matter
    comes
    before
    the
    Board
    upon
    a
    June
    27,
    1984
    petition
    and
    an
    August
    31,
    1984
    amended
    petition
    filed
    on
    behalf
    of
    the
    Reilly
    Tar
    & Chemical Corporation
    (Reilly)
    and
    the
    City
    of
    Granite City
    requesting variance from 35
    Ill.
    Adm. Code 307.103
    as it relates to
    Reil1y~smercury discharge to
    Granite City~s
    sewer system until
    August 31,
    1988,
    The Illinois
    Environmental
    Protection Agency
    (Agency)
    filed a recommendation
    on October 26,
    1984,
    that variance be
    granted subject to certain
    conditions.
    Hearing was waived
    and
    none was
    held,
    Reilly
    owns
    and
    operates
    a
    coal
    tar
    refinery
    in
    Granite
    City
    which
    produces
    coal
    tar
    pitch,
    creosote
    oil
    and
    pipeline
    enamel.
    It
    processes
    l2~l5
    million
    gallons
    of
    coal
    tar
    per
    year
    through
    distillation
    and discharges
    about
    25,000
    gallons
    per
    day
    (gpd)
    of
    wastewater
    with
    a
    potential discharge of 40,000 gpd. This
    water
    consists of
    storm water, water
    of decantation, and process
    water
    which was historically
    treated
    in
    an
    aerated
    lagoon on Reilly’s
    property
    to
    reduce
    the
    phenol
    content
    and
    then
    disposed of by
    spray irrigation
    on its property~ The past practice
    indicates
    that
    whatever
    mercury
    was
    in
    the
    treated
    wastewater
    is
    now
    on
    Reilly’s property
    or in its on~sitelagoons
    Groundwater
    monitoring
    of the site has
    revealed
    significant
    concentrations
    of
    contaminants
    other
    than
    mercury
    and a
    formal
    groundwater
    assessment
    is
    in
    progress.
    For several
    years,
    Rei~ly has
    been
    working
    on
    a
    system to
    treat
    its
    wastewater
    in above ground tanks to
    produce
    an
    effluent
    capable
    of meeting
    Granite
    City~spretreatment
    requirements for
    discharge
    to
    its
    sewage
    system.
    Reilly’s
    system
    consists
    of
    two
    collecting
    and
    primary/oil
    water
    separating
    tanks,
    two
    secondary
    A.P.I.
    type
    oil
    waste
    separators with surface skimmers,
    one
    equalizing
    tank,
    three 250,000 gallon digesters,
    and
    two
    clarifiers
    with
    associated
    aerators,
    pumps, piping and monitoring
    equipment.

    wastewater
    is
    collected
    and
    pumped
    to
    tanks,
    where
    the
    creosote
    oil
    is
    allowed
    to
    settle,
    and
    then
    is
    transferred through
    the
    A. P. I.
    type
    separators
    where
    residual
    traces
    of
    oil
    are
    removed.
    The water
    is then
    pumped to the equalizing
    tank
    and
    to
    the
    250,000
    gallon digesters
    for
    final
    treatment. consisting
    of
    bio—oxidation
    of the phenol.
    Discharge
    from
    the
    digesters
    flows
    through
    a
    clarifier
    tank
    which,
    if
    variance
    Is
    qranted,
    will
    be
    discharged
    to the sanitary
    sewer
    systenn.
    C~ January
    7,
    1983,
    Reilly was
    granted
    a temporary
    permit
    to
    construct
    and operate
    the
    wastewater
    pretreatment
    plant.
    In
    April
    1983
    final
    drawings
    were
    completed
    and bids
    requested
    for
    construction
    The
    first construction bids
    were
    let
    in
    April
    and
    construction
    commenced May 6,
    1983.
    On
    August
    16,
    1983,
    wastewater
    was
    intu: oduced
    into
    the
    system.
    On
    August
    26,
    1983,
    the
    first
    effluent
    exited
    the
    system
    and
    testing
    commenced.
    Data
    obtained
    to
    date
    indicate
    the
    system
    is
    satisfactorily
    meeting
    all
    required
    pretreatment
    standards
    with
    the
    exception
    of
    mercury,
    and
    in
    fact
    is
    performing
    :rnore
    efficiently
    than
    pilot
    work
    indicated.
    Tests
    for
    total
    mercury
    levels
    in
    Rei1ly~s
    wastewater
    have
    been
    inconclusive
    as
    to the
    exact
    concentrations
    of
    mercury;
    however,
    data
    indicate
    :Lnfluent
    :Levels
    of
    approximately
    100
    ppb
    with
    effluent
    level
    s
    of
    approximately
    40
    ppb.
    The
    s~irce
    of
    the
    mercury
    has
    been
    traced
    to
    the
    coal
    tar,
    which
    is
    a
    by-product
    from
    the
    carbonization
    of coal,
    Mercury
    has
    been
    found
    in
    all
    sources
    of
    Reilly~s
    coal
    tar,
    and
    is
    known
    to
    occur
    naturally
    in
    coal.
    Reilly
    argues
    that
    this
    prevents
    the
    possibility
    of
    elim-
    inating
    it
    by
    using
    selective
    sources
    or
    by changing
    Reilly’
    s
    manufacturing
    process.
    Granite
    City
    discharges
    from
    6~5 to
    15
    million
    gpd
    with
    an
    estimated
    average
    of
    7.~5millios
    end
    of
    treated
    waste
    with
    a
    mercury
    content
    rar~inq
    t~urn
    C
    n
    49
    h
    pu~
    The
    to)
    lowing
    values
    have
    been
    reported
    for
    the
    Granite
    City
    discharge:
    Date
    ~er232r~fb)
    June
    14~~l5,
    1984
    Janu
    ary
    I 7~1
    8
    ,
    19 8
    4
    July
    13,
    1983
    December
    9,
    1982
    0,5
    June
    29,
    1982
    1.2
    June
    8,
    1982
    49.6
    January
    5,
    1982
    0,7
    October
    7,
    1981
    0.1
    The
    Board
    effluent
    standard
    for
    mercury
    is
    0.0005
    mg/i
    (0.5
    ppb)
    pirsuant
    to
    35
    111.
    l~dm. Code
    :304.i26~
    Under
    the
    averaging
    provisions
    of
    35
    iii,
    Adm~ Code
    3~4~:i04(a)(2)
    a
    daily
    composite
    may
    not
    exceed
    1.0
    ppb.
    The
    Board
    notes
    that
    the
    discharge
    data
    from
    the
    Granite
    City
    plant
    indinetes
    probable
    violations
    of
    the

    mercury efflue
    standard*~
    However, neither Granite City
    nor
    Reilly
    requests
    variance
    from
    that
    standard and the record
    does
    not include
    sufficient
    informatior
    for the Board to make any
    decision on that
    question
    P~I
    ~v
    and
    Granite City
    requests
    a
    variance from
    35 IlL
    Adm~ Code
    3O7~lO3in order to be
    allowed to
    discharge
    mercury at a
    concentration
    of O~O35mg/l
    (35
    ppb) to
    the Granite City sewer
    system,
    and
    that is the sole request
    that
    the
    Board
    will
    address in
    this
    riatter,
    According to
    the
    Agency,
    Reilly
    has the following
    alterna—
    tives:
    maintenance
    of
    the
    status
    ti~io
    with continual accumulation
    of mercury
    and
    er
    contamir
    t
    i
    ~ its on~-sitelagoon;
    deep
    well
    injectior
    placerre~t
    ~et scrubbers,
    or plant closure
    with attendant
    e
    of
    emplo
    However, no estimate
    of costs
    for
    these alte
    ives excep*
    sure
    has been given by
    Reilly
    Neither contin
    on-site
    lag
    ~.
    d sposal nor plant closure
    is
    recommended
    by
    Agenc~y,an
    ~tates that the feasibility
    of
    deep well
    injec
    is
    sl
    g’~.
    c~ienan approximate cost
    of
    $1,000,000
    for
    ew
    welL
    t
    co
    s
    however,
    recommend
    that
    wet
    scrubber
    replac
    nt
    and
    storm
    water
    diversion
    should
    be
    considered
    as
    part
    of
    the
    pliance
    plan
    Reilly
    has
    eviewed
    treatment
    systems for mercury removal
    including
    biological
    systems,
    precipitation
    and
    complexation,
    ion
    exchange, activated
    carbon
    adsorption,
    solvent extraction,
    chemical
    displacement,
    electrolytic,
    reverse
    osmosis, synthetic
    polymeric
    absorbents,
    agriculture
    products
    and
    ground
    up
    rubber0
    It
    deter—
    mined,
    and
    the
    Agency
    does
    not
    disagree,
    that
    these
    methods
    are
    very
    expensive
    and
    are
    unproved
    ard
    unreliable
    at
    the
    1~ercury
    concentrations
    with
    which
    Reilly
    is
    working0
    It
    has,
    however,
    set forth
    a
    proposed
    sequential
    c
    mpliance plan which
    may
    cost
    as
    much
    as $6G,000, but whic
    Llieves will result in compliance
    by
    the
    summer
    of
    ‘988
    If Reili
    a
    ~
    to discharge 25,000
    gpd
    at
    35
    ppd (0.035 ac~
    ~t cc~1
    311.96 mg/day (0,0073
    lbs/day)
    of
    mercury
    to
    ie
    ~~rite
    ~
    t
    At
    69
    removal
    by the
    activated
    sluda
    s~a
    t it would increas~the
    mercury
    content
    I
    £
    0
    6 ~1 mg/day (0.0026
    lbs/day)
    and
    increase
    t~
    ~ar
    ~e
    sludge
    by
    2285.25
    mg/day
    (0,005
    lbs/day
    ~hi~ l026.IL
    c
    i~
    when diluted by the
    28.482
    million
    1/day
    (7.
    i!l~o~igpd
    s
    iiiated average discharge
    at
    the Granite
    City plant
    would r~su
    in
    an increase of
    the effluent
    mercury of
    0,00004 mg/I
    (0
    4 ovb
    .~*
    *The 49.6
    ppb
    fig ire
    is
    aa~.tic
    larly
    disturbing,
    especially
    since
    it is
    unexplairi
    d.
    ~
    ,
    this
    sample
    was
    taken
    at
    a
    time
    when
    Reilly was
    not
    dzscharq
    ‘~‘
    the sewer system,
    **The Boa
    te5
    tiat.
    of
    the
    Agency~s
    conversions
    in
    its recommend~
    are
    x~
    and
    corrected
    by
    the
    Board.

    4
    Based upon
    these
    discharge
    levels,
    the
    existing
    mercury
    concentration
    in
    Granite
    City’ s
    plant
    and
    its
    fluctuations,
    the
    Agency
    concludes
    that
    the
    addition
    of
    Reilly’ s
    effluent
    to
    Granite
    City’s
    sewer
    system
    would
    not
    significantly
    impact
    the
    environment.
    The
    Board
    agrees
    with
    the
    Agency
    that
    immediate
    compliance
    by
    Reilly
    would
    constitute
    an
    unreasonable
    hardship,
    given
    the
    lack
    of
    probable
    environmental
    impact
    and
    the
    necessity
    of
    pre-
    venting
    further
    groundwater
    pollution
    from
    the
    existing
    lagoon.
    In
    order
    to
    afford
    Reilly
    complete
    relief
    in
    this
    proceeding,
    Granite
    City
    ziust
    also
    be
    granted
    variance
    from
    Section
    307.103
    since
    Granite
    City
    would
    be
    in
    violation
    of
    that
    rule
    if
    it
    allowed
    Reilly
    to
    discharge
    mercury
    at
    a
    concentration
    of
    greater
    than
    5
    ppb
    to
    its
    sewer
    system.
    The
    Agency
    contends
    that
    it
    may
    be
    possible
    for
    Reilly
    to
    reduce
    or
    eliminate
    mercury
    in
    the
    wastewater
    by
    changing
    its
    manufacturing
    processes.
    It
    alleges
    that
    creosote
    oil
    particulates,
    as
    with
    most
    oily
    vapors,
    can
    be
    controlled
    without
    water
    scrubbing
    by
    means
    of
    filters
    which
    condense
    the
    vapor
    and
    still
    recwer
    the
    product.
    Likewise,
    storm
    water
    can
    be
    diverted
    if
    it
    is
    not
    contaminated.
    The
    Board
    will,
    therefore,
    include
    as
    a condition
    of
    variance
    that
    Reily
    consider
    these
    possibilities.
    The
    Board
    will
    also
    regaire
    Reilly
    to
    apply
    for
    renewal
    of
    its
    operating
    permit,
    to
    proceed
    with
    its
    proposed
    program
    to
    reduce
    mercury
    concentrations
    in
    its
    discharge,
    and to
    sibmit
    qaarterly
    progress
    reports,
    all
    as
    recommended
    by
    the
    Agency.
    This
    Opinion
    constitutes
    the
    Board’ s
    findings
    of
    tact
    and
    conclusions
    of
    law
    in
    this
    matter.
    ORDER
    Reilly Tar and
    Chemical
    Corporation
    and
    Granite
    City
    is
    hereby
    granted
    variance
    from
    35
    Ill.
    Mm.
    Code
    307.103,
    as
    it
    applies
    to
    Reilly’s
    discharge,
    until
    August
    31,
    1988,
    aibject
    to
    the
    following
    conditions:
    1.
    Reilly
    Tar
    and
    Chemical
    shall
    not
    discharge
    mercury
    at a concentration greater than 0.035 mg/l,
    sibject to
    the averaging rule of 35
    Ill.
    Adm.
    Code 304.104(a), to
    the
    Granite
    City
    sewer
    system, nor shall Granite City
    allow
    Reilly
    Tar
    and Chemical
    to
    discharge
    mercury
    at
    a
    concentration
    greater
    than
    that
    level.
    2.
    Reilly
    Tar
    and
    Chemical
    shall
    make
    prompt
    application
    for
    renewal of its Operating Permit No. 1984-EO-0557;
    3.
    Reilly Tar and Chemical
    shall conduct a
    program
    to
    reduce
    the
    mercury
    concentration
    in
    its
    effluent
    as
    outlined
    in
    paragraph
    10
    (pp.
    14—19)
    of
    its
    amended
    petition:
    62-10

    5
    4.
    Reilly
    Tar
    and
    Chemical
    shall
    submit
    quarterly
    progress
    reports
    (on
    the
    last day of December, March,
    June and
    September)
    during
    each
    year
    of
    the
    variance
    period
    to
    the:
    Illinois Environmental Protection Agency
    Division
    of
    Water
    Pollution
    Control
    Compliance Assurance Section
    2200 Chirchill Road
    Springfield,
    Illinois 62706;
    5.
    Reilly
    Tar
    and Chemical
    shall
    include in the March
    1985
    progress
    report an analysis of the quantity of
    wastewater
    p:~::nduced
    by its wet scrubber(s),
    stormwater,
    and
    decanta-
    tiun;
    the
    mercury concentration
    in each wastewater
    source
    and
    the approximate cost to replace
    scrubber
    equipment
    or
    divert storm water
    to reduce wastewater
    production;
    and
    6.
    Reilly Tar
    and
    Chemical
    and
    Granite City shall execute
    a Certificate of Acceptance
    in the following
    form
    and
    submit it to the Agency
    at the address in condition
    (4),
    above:
    CERTIFICATION
    We, Reilly Tar and Chemical
    and City of Granite City,
    hereby
    accept and agree to be bound by all
    terms and conditions of the
    Order
    of the
    Pollution
    Control Board
    in PCB 84—82,
    dated December
    20,
    1984.
    Reilly
    Tar
    and
    Chemical
    City
    of
    Granite
    City
    Authorized Agent
    Authorized Agent
    Title
    Title
    Date
    Date
    6241

    6
    IT
    IS
    SO
    ORDERED~.
    I,
    Dorothy
    M.
    Gunri,
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    Board,
    hereby
    certif~
    that
    the
    above
    Order was adopted on the
    ~rQ
    day
    of
    ~
    ,
    1984
    by
    a
    vote of
    4-~
    7,
    Dorothy ~4,Gu/in,
    Clerk
    Illinois Pollution Control
    Board
    8242

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