ILLINOIS POLLUTION CONTROL BOARD
    June
    22, 2979
    BORDEN CHEMICAL COMPANY,
    Petitioner,
    PCB 78—269
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr.
    Satchell):
    This matter comes before
    the
    Board
    upon
    a petition
    for
    a
    variance filed by Petitioner Borden Chemical Company
    (Borden)
    on October
    20, 1978.
    Borden operates a chemical plant near
    Illiopolis
    in Sangamon County.
    It requests a five year variance
    from effluent and water quality standards, contained in Board
    Rules
    203 and 402 of Chapter
    3:
    Water Pollution,
    as they relate
    to total dissolved solids
    (TDS)
    and chloride.
    The Agency filed
    a
    recommendation to which Borden responded.
    The response
    (Res.)
    requested different relief from the petition and was deemed an
    amended petition by Order of the Board on April
    26,
    1979.
    The
    Agency filed an amended recommendation.
    No hearings were held.
    In a related proceeding
    (R78—13) Borden seeks a site specific
    regulation.
    The plant is located in a rural area
    one mile west of Illiop—
    ohs.
    It employs about 170 people and produces polyvinyl chloride
    (PVC)
    resin, PVC latex emulsions, styrene-butadiene emulsions,
    polyvinyl acetate emulsions and PVC plastic film and moulding
    compounds
    (Pet.
    3).
    Vinyl chloride emission control is provided
    by combustion in an incinerator followed by scrubbing
    (Pet.
    5).
    The
    emission control system cost $15,000,000 and became operational
    on October
    21, 1978
    (Res.
    3).
    The scrubbing operation produces a
    water solution of hydrochloric
    acid
    which
    is neutralized with
    caustic or soda ash to produce a neutral effluent containing salt.
    The neutralized stream is added to the plant~sother wastewater
    prior to discharge
    (Pet.
    5).
    The plant discharges about 400,000 GPD into an unnamed ditch
    which has a seven—day,
    ten—year low flow of zero
    (Pet.
    3,
    4),
    Prior to start—up of the scrubber it was calculated that the com-
    bined effluent could reach a maximum TDS of 2200 mg/l
    (Pet.
    5).
    Subsequent to the filing of the variance petition Borden conducted
    actual
    sampling
    of the ditch during periods when the scrubber was
    not in operation
    (December,
    1978)
    ,
    and when the scrubber
    was in
    operation
    (January,
    1979).
    The data are presented below
    (Res.
    6):
    34—7 1

    —2—
    DATE
    TOTAL DISSOLVED SOLIDS
    Upstream
    Discharge
    Downstream
    December,
    1978
    661 mg/h
    1415 mg/i
    1238 mg/h
    January,
    1979
    525 mg/h
    1755 mg/h
    1390 mg/l
    CHLORIDE
    December,
    1978
    72 mg/h
    301 mg/h
    248 mg/l
    January,
    1979
    28 mg/h
    495 mg/i
    362 mg/l
    Rule
    203 water quality standards are
    1000 mg/i for TDS and
    500 mg/i for
    chloride.
    Borden believes its discharge constitutes 90—95
    of the flow
    of the ditch
    (Pet.
    4),
    Upstream are located two other dischargers,
    a municipal water treatment
    plant which discharges filter back wash
    and a chicken hatchery which
    discharges cage and crate washings
    (Pet,
    3).
    Borden claims that the ditch is not used for recreation-
    al
    purposes and
    that chloride and TDS concentrations will not
    detract from
    whatever aesthetic value the ditch might have
    (Pet.
    6).
    The ditch runs
    about one and one—half miles before joining a
    drainage area known as Long Point Slough, which flows into the
    Sangamon River about one-half mile past the ditch
    (Pet.
    4).
    Borden
    believes
    no water
    is withdrawn from the ditch prior to confluence
    with the S~ngamonRiver
    and that there will be no significant
    environmental impact on Long Point Slough
    (Pet.
    4,
    6).
    Water
    quality of the Sangamon River is cited as less than
    600 mg/i TDS
    and 200 mg/i chloride
    (Pet.
    Ex.
    A;
    Rec.
    4).
    There will be no water
    quality violation in the Sangamon River
    (Pet.
    7;
    Rec.
    4).
    Borden admits
    that the data do not demonstrate a water quality
    violation for chloride
    in the ditch
    (Res,
    7).
    The Agency recom-
    mends that the variance be
    denied for chloride for this reason
    (Am, Rec.
    3).
    During the sampling, the plant
    was not in full
    production and water flow was high because
    of melting snow
    (Res.
    7),
    Borden believes the concentration of chloride in the ditch
    will
    increase as production is increased and the weather becomes
    drier
    (Res.
    8).
    Although
    Borden did not violate the ditch water
    quality of 500 mg/i chloride, the effluent averaged 495 mg/l
    during the month the
    scrubber was in operation.
    If the discharge
    were the sole
    source of water
    in the ditch, there would have been
    violations on six days out of the thirteen
    sampled
    (Res,
    6; Ex.
    A).
    Considering this the Board
    concludes that Borden ha~established
    the
    need
    for a chloride variance during periods of low flow.
    The original petition was vague about whether a water quality
    or effluent variance was requested.
    Borden now requests that the
    plant be granted a variance which would exempt the plant from the
    34—72

    —3—
    application of Rules
    203(f)
    and 402 for TDS and chloride,
    so
    long as the plant remains
    in compliance with the 3500 mg/i
    effluent limitations for TDS contained
    in Rule 408(b).
    Borden
    claims that mere modification of water quality standards would
    give it no relief because compliance would be based not upon the
    plant’s discharge, but upon such discharge together with a variety
    of other factors over which the plant would have no control
    (Res.
    9,
    11).
    On the other hand the Agency recommends that the variance
    be denied until Borden proposes a water quality standard for the
    ditch
    (Am.
    Rec.
    3),
    Rule 402 provides that no effluent alone or in combination
    with other sources
    shall cause a violation of any applicable
    water quality standard.
    In this proceeding Borden seeks
    a var-
    iance from the water quality standard.
    Borden refers to the
    effluent standard found
    in Rule 408(b) which provides that
    effluents shall not increase TDS by more than 750 mg/i above
    background unless caused by recycling or other pollution abate-
    ment practices, but in no event are TDS effluents to exceed 3500
    mg/h.
    Borden believes that the increases beyond 750 mg/i above
    background limitation are attributable to the plant’s pollution
    abatement practices which it says include softening, deionization
    and filtration of influent water and treatment of wastewater with
    lime and ferric sulfate to enhance settling of suspended solids
    and with activated sludge to eliminate organics
    (Res.
    8).
    There
    is no evidence that softening of the influent water is a pollution
    abatement practice.
    The pleadings do discuss the relative con-
    tributions of these processes to the total waste load.
    It has
    therefore not been established that the 3500 mg/i discharge level
    for TDS
    is applicable.
    Rule 408(b)
    also sets
    a
    750 mg/i above
    background level limit for TDS discharges not caused by pollution
    abatement practices.
    Borden does not draw water from the ditch
    and has not established the TDS level in its influent water.
    The
    record
    is therefore insufficient to determine whether Borden is
    in compliance with this discharge limit.
    The Board rejects Borden’s claim of hardship because it cannot
    control water quality upstream.
    Borden estimates that its dis-
    charge accounts for 90—95
    of the flow in the stream
    (Pet.
    4).
    The upstream discharges should probably therefore not have
    a
    significant effect on the water aualit~Borden must maintain.
    Borden quotes the Illinois Effluent Standards Advisory Group
    in support of its contention that there is no proved conventional
    technology for control of TDS in waste waters
    (Pet.
    6).
    The
    Agency
    is aware that treating for TDS and chloride is not econom-
    ically feasible
    (Rec.
    4).
    The Board finds that it would impose
    an arbitrary and unreasonable hardship to require the application
    34-73

    —4—
    of non-conventional technology at this time.
    The Board will
    set an
    interim standard sufficiently high to permit Borden to
    operate while collecting data
    to propose water quality standards
    for the ditch in the pending site specific regulation R78-13.
    This should include continued monitoring of discharge levels
    and biological surveys which include counts of salt tolerant
    and sensitive species as
    low flow conditions develop this summer.
    No water is drawn from the ditch prior to confluence with
    the Sangamon River and
    it appears that the use
    is limited to
    secondary contact.
    There is adequate dilution in the Sangamon
    River.
    There
    is no evidence before the Board about the effects
    these levels could have on the
    environment around the ditch.
    The Board notes that
    chloride and TDS are relatively innocuous
    pollutants.
    No permanent build-up
    of
    pollutants or damage to
    the environment is likely to occur during pendency of the
    reg-
    ulatory proceeding.
    The Agency recommends
    a discharge limit of 2200 mg/i for
    TDS if the variance is granted
    (Am. Rec.
    3).
    This is the figure
    Borden originally requested
    (Pet.
    2).
    The effluent monitoring
    data averaged 1755 mg/i TDS with the scrubber in operation, with
    a maximum of 2172 mg/h.
    The petition requested a limit of 1500
    mg/i for chloride.
    The Agency does not recommend a chloride
    level.
    The chloride effluent monitoring data averaged 495 mg/i
    with a
    maximum of 635 mg/i during the period when the scrubber
    was in
    operation.
    Maintenance of
    a water quality level in the
    ditch not to exceed 2200 mg/h TDS and 700 mg/h chloride would
    appear adequate to prevent significant environmental damage and
    still not interfere with
    Borden’s operation.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    It
    is the
    Order of
    the Pollution Control Board that:
    1.
    Petitioner,
    Borden Chemical Company,
    is granted a
    variance from Rules
    203 and 402
    of
    Chapter
    3:
    Water
    Pollution
    as these apply to TDS and chloride.
    2.
    Borden’s discharge shall not cause the water in the
    unnamed ditch to exceed the following levels:
    Total Dissolved Solids
    2200 mg/h
    Chloride
    700 mg/i
    34—74

    —5—
    3.
    This variance will expire three years from the date
    of this Order or upon the adoption by the Board of
    a final Order in the site specific regulation for
    the unnamed ditch, R78-l3, whichever comes
    first.
    4,
    Borden shall monitor the chloride and TDS levels in
    its effluent and in the ditch above and below its
    discharge.
    5.
    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, Springfield,
    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 78-269,
    hereby
    accept that Order and agree to be bound by all of its
    terms and conditions,
    SIGNED ______________________
    TITLE
    _______________________
    DATE
    __________________________
    I, Christan
    L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, herelj certify the above Opinion and Order w~re
    adopted on the
    ~
    day of
    ~
    ,
    1979 by a vote of
    ~SO
    Illinois Pohiuti
    Board
    3/~_75

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