ILLINOIS POLLUTION CONTROL BOARD
    October
    1,
    1987
    MORTON THIOKOL,
    INC.,
    MORTON CHEMICAL DIVISION,
    Petitioner,
    vs.
    )
    PCB 86—223
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by 3. Theodore Meyer):
    This matter
    is before
    the Board on
    a verified motion to
    modify variance,
    filed September
    14,
    1987 by Morton Thiokol,
    Inc., Morton Chemical Division
    (Morton Chemical).
    Morton
    Chemical seeks
    an extension
    of three interim deadlines
    established
    in
    the Board’s May 28,
    1987 Order.
    That Order
    granted Morton Chemical
    a variance from
    35
    Ill.
    Adm.
    Code
    304.120(c)
    (BOD5 effluent limitation)
    and 304.141(a)
    for its
    plant
    located
    in Ringwood, Illinois.
    The variance
    is
    to expire
    on June
    30,
    1988.
    Morton Chemical seeks modification
    of paragraphs
    5(A)
    through 5(C)
    of
    the Board’s variance order,
    as follows:
    A.
    change the deadline
    to develop design
    criteria and complete the selection of
    the appropriate technology from June
    30,
    1987
    to November
    30,
    1987;
    B.
    change the deadline
    to complete plans
    and
    specifications
    for the needed facilities
    from July
    31, 1987
    to December
    31,
    1987;
    and
    C.
    change the deadline
    to begin construction
    of facilities
    from January 31,
    1988
    to
    April
    30,
    1988.*
    *The Board
    notes
    that although Morton Chemical states the date
    in
    paragraph
    5(C)
    to be February 29,
    1988,
    the variance sets the
    date as January 31,
    1988.
    82—35
    —2—
    Morton Chemical contends that such modification
    is necessary
    based upon evidence which could not have been discovered by due
    diligence before the issuance of
    the Board’s May 28,
    1987
    Order.
    Specifically,
    Morton Chemical
    states that an evaluation
    of previous treatability studies,
    completed June 22,
    1987,
    concluded
    that although the only technology capable
    of
    consistently achieving compliance with the BOD5 effluent
    limitation
    is ozone oxidation,
    the treatment cost of such
    technology is economically unreasonable.
    In
    its response,
    the
    Illinois Environmental Protection Agency
    (Agency) states that
    since Morton Chemical does not seek
    to modify the dates for
    completion
    of construction and attainment
    of operational
    level,
    it does not object
    to the grant of the motion.
    The motion
    for modification of
    the Board’s May 28,
    1987
    Order
    is granted.
    ORDER
    Morton Thiokol,
    Inc., Morton Chemical Division,
    is hereby
    granted variance from 35 Ill.
    Adm.
    Code 304.120(c)
    and 304,141(a)
    for its plant located
    in Ringwood,
    Illinois,
    subject
    to the
    following conditions:
    1.
    This variance shall expire on June
    30, 1988,
    2.
    This variance shall apply only to Outfall
    OOlA.
    3.
    Petitioner
    shall continue
    to monitor
    and report all
    parameters
    for Outfall OO1A
    as required by its NPDES
    permit,
    including Biochemical Oxygen Demand
    (BOD).
    4.
    Petitioner
    shall
    begin monitoring
    and reporting
    for
    mercury concentrations at Outfall
    001 and Outfall
    OOlA
    on
    a monthly
    basis.
    5.
    Petitioner
    shall comply with the following schedules:
    A.
    By November
    30,
    1987,
    develop design criteria and
    complete the selection of
    the appropriate
    technology.
    B.
    By December
    31,
    1987,
    complete plans and
    specifications
    for the needed facilities.
    C.
    By April
    30,
    1988, begin construction of
    facilities.
    D.
    By May 31,
    1988, complete construction and,
    82—3 6
    —3—
    E.
    By June
    30,
    1988,
    attain operational
    level.
    6.
    Petitioner
    shall report monthly on
    its progress
    to
    achieve compliance through
    its construction program.
    Reports
    shall
    be submitted
    to the Agency concurrently
    with its Discharge Monitoring Reports
    (DMR’s).
    7.
    Within forty—five days
    of the date of this Order,
    Petitioner
    shall execute and forward
    to Wayne
    Wiemerslage, Enforcement Programs,
    Illinois
    Environmental Protection Agency,
    2200 Churchill Road,
    Springfield,
    Illinois 62794—9276,
    a certificate
    of
    Acceptance
    and A;reement
    to be bound
    to all terms and
    conditions
    of the variance.
    Failure
    to execute
    the
    certificate within the forty—five day period renders
    this variance void.
    This forty—five day period shall
    be held
    in abeyance during any period that
    this matter
    is being appealed.
    The form of said Certification
    shall
    be
    as follows:
    CERTIFICATION
    I,
    (We), _____________________________,
    having
    read the
    Order of the Illinois Pollution Control Board in PCB 86—223,
    dated October
    1,
    1987, understand
    and accept the said Order,
    realizing
    that such acceptance
    renders all terms and conditions
    thereto binding and enforceable.
    Petitioner
    By:
    Authorized
    Agent
    Title
    Date
    IT
    IS SO ORDERED.
    82—37
    —4—
    I, Dorothy M.
    Gunn,
    Clerk
    of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted
    on
    the
    ~/~‘
    day of
    ________________,
    1987,
    by
    a vote of
    ~
    Illi
    s Pollution Control Board
    82—38

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