ILLINOIS POLLUTION CONTROL BOARD
March
5,
1981
TRAVENOL LABORATORIES, INC.,
)
Petitioner,
v.
)
PCB 80—207
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
OPINION
AND
ORDER OF
THE
BOARD
(by D. Satchel?):
This matter comes before the Board upon a petition for vari-
ance filed November 10,
1980 by Travenol Laboratories, Inc.
(Travenol).
The petition requests extension of a variance pre--
viously granted by the Board
(PCB 79-47,
36 PCB 163, November
29,
1979).
The petition requests
a variance from Rule 702(a)
of
Chapter
3 which prohibits discharge to sewers of mercury at con-
centrations in excess of 0.0005 mg/i.
An amended petition was
filed December 12,
1980,
including an affidavit pursuant to Pro-
cedural Rule 401(b).
On February 2, 1981 the Illinois Environment-
al Protection Agency
(Agency)
recommended that the variance be
granted with conditions.
No hearing was held and no public comment
was received.
Travenol operates a pharmaceutical research and development
facility at 6301 Lincoln Avenue in Morton Grove, Cook County.
Additional details of the facility and processes are found in the
Board’s previous Opinion
and
Order which is incorporated by re—
ference.
Travenol discharges to four separate sewers designated 1A,
2A,
3A and 4A.
These are tributary to the North Side Treatment
Plant of the Metropolitan Sanitary District of Greater Chicago
(MSD).
The parties agreed that petitioner has complied with
conditions of the Board’s Order in PCB 79—47.
The following is
a listing of average mercury concentrations from Travenol’s dis-
charges from May,
1979 to September, 1980
(Pet.
3, Attachment
I;
Rec 2).
Mean Concentration
Discharge
mg/i as Hg
1A
0.0002
2A
0.00221
3A
0.00025
4A
0.00058
41—35
—2—
Data from the MSD discharge is also presented (Pet. Attach-
ment
I;
Rec.
2).
MSD
has monthly averages less than the 0.0005
mg/i, but some daily averages are slightly in excess of this
number tRules 401(c)
and 408(a).
Examination of the effluent data presented by Travenol leads
to the conclusion that it is capable of meeting interim limitations
more stringent than those imposed in the last
variance
or those
recommended by the Agency.
These will be set forth in the Order.
The Board finds that it would impose an arbitrary or imreasonahle
hardship if Travenol were denied extension of its variance.
Pending before the Board in R76-21 is
a proposal to modify Rule
702(a).
Several suggested amendments to the proposal are also be—
fore the Board.
Adoption of a mercury standard of 0.003 mg/i could
bring Travenol into compliance for all but discharge 2A.
If Rule
702(a)
is amended to reference the averaging rule, discharge 2A may
also be in compliance
tRule 401(c).
It is not clear at this time
whether a variance will be necessary following any modifications
pursuant to R76-2i.
Therefore, the Board will not provide for
automatic termination of this variance.
Travenol may petition for
modification within one year pursuant to Procedural Rule 334.
As has been noted in previous Board Opinions, Travenol now
has an effective program for elimination and containment of mercury
in its laboratories.
Its present discharge apparently results for
the most part from a gradual leaching of mercury which was plated
onto its plumbing in the past.
As
a condition of this variance
Travenol will be required to continue its program.
This Opinion constitutes the Board’s
findings of fact and
conclusions of law in this matter.
ORDER
Petitioner Travenol Laboratories, Inc.
is granted a variance
from Rule 702(a)
of Chapter 3:
Water Pollution,
subject to the
following conditions:
1.
This variance will expire March 5,
1986.
2.
Petitioner shall meet the following effluent limitations
for discharges
1A,
2A,
3A and 4A:
mg/i Mercury
Annual Average
Flow-weighted
Grab Sarnole
Daily Composite
1A
0.001
0.002
0.005
2A
0.003
0.006
0.015
3A
0.001
0.002
0.005
4A
0.001
0.002
0.005
4
1—36
—3--
3.
Petitioner shall also meet the following mass discharge
limitation for mercury from discharge 2A:
Annual Average
Daily Maximum
2A
1.0 g/day
2.0 g/day
4.
Petitioner shall monitor discharges from lA,
3A and 4A
once per month.
5.
Petitioner shall monitor the discharge from 2A on two
days each month.
6.
Each month Petitioner shall forward to the Illinois En-
vironmental Protection Agency and the Metropolitan Sanitary Dis-
trict of Greater Chicago the results of analysis of all samples
taken during the previous month.
In January of each year Peti-
tioner shall forward a summary of the previous year’s results
including annual averages of all grab 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 their
suitability for its Morton Grove facility.
9.
Petitioner shall enforce standard operating procedures
designed to prevent spillage and/or disposal of mercury and inercury~
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.
10.
~‘7ithinforty-five days of the date of this Order, Peti-
tioner 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 understanding the Order in PCB 80-207, hereby accept that
Order and agree to be bound by all of its terms and conditions.
4 1—37
—4--
SIGNED
IT IS
SO
ORDERED.
I, Christan L. Noffett, Clerk of the Illinois Pollution
Control Board, hereby çejtify that the above Opinion and Order
were adopted on the
~
day of
4L,e~t~i~.
,
1981 by a
vote of
~
~Th’
Christan
L. Moffett~I-Cierk
Illinois Pollution Control Board
41—38