ILLINOIS POLLUTION CONTROL BOARD
June
10,
1981
TRAVENOL LABORATORIES,
INC.,,
)
Petitioner,
)
v.
)
PCB
80—207
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Respondent.
SUPPLEMENTAL
OPINION
AND
ORDER
OF
THE
BOARD
(by
D.
Satchell):
On
April
19,
1981
Travenol
Laboratories,
Inc.
(Travenol)
filed
a
motion
for
modification
of
the
Board’s
Opinion
and
Order
of March
5, 1981 which granted Travenol a variance from Rule 702
of Chapter
3:
Water Pollution, concerning discharge of mercury
to sewers from Travenol’s pharmaceutical research and development
facility in Morton Grove.
On May 27, 1981 Travenol provided
additional irkformation in response to a Board Order entered May
14,
1981.
The Illinois Environmental Protection Agency (Agency)
has not responded to the motion for modification.
Travenol asks that the Board:
order it to monitor on the
basis of time weighted composites; require reporting on a quarter-
ly rather than a monthly basis; delete the mass discharge standard
for Sewer 2A; delete effluent limitations for grab samples; and,
change the method of interpretation of daily effluent limitations.
Travenol asks that the Board delete the requirement of moni-
toring by grab samples.
There is no requirement for monitoring
by
grab
samples.
The
petition
and
recomrnePdation
were
vague
as
to the method of monitoring,
failing to specify whether Travenol
was to take grab samples or daily composites
for each sewer.
The
Board ordered neither, but provided a method of interpreting the
effluent limitations
for each case on the assumption the parties
knew what they were doing.
Because it is now clear that grab
samples are not regularly taken, the Board will delete the efflu-
ent limitations for grab samples.
The parties are confused as to the difference between the
reporting and monitoring requirements and the effluent limitations
of the variance.
The Board will clarify the distinction.
Both
conditions are satisfied if a complying sample is properly report-
ed, both are violated if a noncomplying sample is not reported.
If a complying sample is not reported, only the monitoring require-
ment is violated.
If a noncomplying sample
is properly reported,
only the effluent limitation is violated.
42—41
—2—
The Board did not include any requirement that monitoring
be by flow weighted composite.
The specification that compliance
with daily effluent limitations be based on flow weighted compos-
ites was intended to protect Travenol from apparent violations
of
the effluent limitations based on compositing methods not reflect-
ing flow.
However, since Travenol is unconcerned, the Order will
be modified to base effluent limitations on time weighted com-
posites and to require monitoring by time weighted composite.
Travenol asks that the mass discharge limitation for Sewer 2A
be deleted as impractical.
Travenol has found that its sewer
slope is too gradual to provide the minimum velocity needed for
automatic flow measurement.
There is no explanation as to why
this was omitted from the petition or how flows were measured
during the preceding variance.
The Board will nevertheless delete
the mass discharge limitation for Sewer 2A as requested.
In connection with the motion, Travenol has prepared a statis-
tical analysis of its past data.
These indicate that it can meet
with more than 99
confidence annual averages of 0.003, 0.005,
0.001 and 0.001 for Sewers
lA, 2A, 3A and 4A, respectively.
The
Board accepts this analysis and will modify the monthly standards
accordingly.
Again
there is no explanation
as to why this
material was omitted from the petition IProcedural Rule 40l(a)(lO).
In evaluating the data attached to the original petition,
it
was assumed they represented grab samples.
Instead, they repre-
sent daily composites.
The variability exhibited in the data is
therefore more significant.
Travenolts statistical analysis pre-
dicts levels for daily composites which can be achieved with 99
confidence only 70
of the time.
Because of occasional very high
values, the distribution of composites is broad.
A daily r~taximum
which would indicate with certainty an underlying violation of
the annual average would be very large.
Travenol requests a lower
daily maximum for Sewers
lA,
3A and 4A which are to be met a least
70
of the time.
The Board will modify the variance Order to
provide this.
The Opinion of March
5, 1981 is modified by addition of the
foregoing language.
The Order is withdrawn and the following
language substituted.
This supplemental Opinion and Order, to-
gether with the Opinion of March 5, 1981, constitutes the Board’s
findings of fact and conclusions of law in this matter.
ORDER
Petitioner Travenol Laboratories, Inc.
is granted for its
pharmaceutical research and development facility in Morton Grove
a variance from Rule 702(a)
of Chapter
3:
Water Pollution, sub-
ject to the following conditions:
42—42
—3—
1.
This variance will expire March 5,
1986.
2.
Petitioner shall meet the following effluent limitations
for discharges
lA,
2A,
3A and 4A:
mg/l Mercury
Annual Average
Daily Composite
lA
.003
.006*
2A
.005
.008*
3A
.001
.002
4A
.001
.002*
*To be met at least 70
of the
time.
3.
Petitioner shall monitor the discharge from 1A,
3A and
4A once per month.
4.
Petitioner shall monitor the discharge from 2A on two
days each month.
5.
Monitoring shall be by time weighted composites consisting
of a combination of twenty-four aliquots of equal volume taken
hourly over a 24-hour period.
Composites shall, be taken during
periods representative of typical operations.
Petitioner may take
more composites than required but must report the results of all
composites made during each quarterly monitoring period.
6.
Within forty-five days of the end of each calendar quarter,
Petitioner shall forward to the Illinois Environmental Protection
Agency and the Metropolitan Sanitary District of Greater Chicago
the results of analysis of all samples taken during the previous
quarter.
The report for the fourth quarter of each calendar year
shall include
a summary of the previous year’s results, including
annual averages of all samples taken.
7.
Petitioner shall continue employee training programs for
the proper handling and disposal of mercury and mercury-containing
compounds.
8.
Petitioner shall keep abreast of released research and
development in the area of mercury control and evaluate its suit-
ability for its Morton Grove
facility.
9.
Petitioner shall enforce standard operating procedures
designed to prevent spillage and/or disposal of mercury and mercury-
containing compounds into the sanitary system, including the use of
Baker Kits or equivalent to clean future mercury spills and the use
of dry ice—acetone to freeze the mercury metal as
an aid to clean-
up.
42—43
—4—
10.
Within forty-five days of the date of this Order,
Petitioner shall execute and forward to the Illinois Environmental
Protection Agency, Variance Section, 2200 Churchill Road, Spring-
field, Illinois 62706,
a Certificate of Acceptance and Agreement
to be bound to all terms and conditions of this variance.
This
forty—five day period shall be held in abeyance for any period
this matter is being appealed.
The form of the Certificate
shall
be as follows:
CERTIFICATION
I,
(We)
,
,
having read
and fully unde~itandingthe Order in PCB 80-207, hereby accept
that Order and agree to be bound by all of tis terms and conditions.
SIGNED ________________________
TITLE
________________________
DATE
___________________________
IT
IS SO ORDERED.
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board, hereby certify that the above Suppleme~ta1
Opinion
and
Order
were
adopted
on
the
Jo
~
day
of
~
1981
by
a
vote
of
I/.~c~
.
Christan
L.
Mof~ek5~Clerk
Illinois
Pollution
Control
Board
42—44