ILLINOIS POLLUTION CONTROL BOARD

March 2, 1978

BFGOODRICH CHEMICAL COMPANY,

(CHEMICAL DIVISION),

Petitioner,

v.

)

PCB 77—227

ENVIRONMENTAL PROTECTION AGENCY,

Respondent,

OPINION AND ORDER OF THE BOARD (by Dr. Satchell):

On September 8, 1977 BFGoodrich Company (Chemical Division)

(hereinafter Goodrich) filed a request for variance from the

limitations of Chapter 3, Rule 408(b) from July 1, 1977 until

June 30, 1982, or until the Board accepts the proposal made in

R76—2l to delete Rule 408(b) as it applies to discharges in

the Illinois River, whichever is earlier. On October

21, 1977

the Illinois Environmental Protection Agency (Agency) filed a

recommendation to grant the variance from July 1, 1977 until

June 20, 1982 or until the Board takes final action in R76-2l

subject to several conditions. On January 27, 1978 the parties

filed a joint stipulation of fact in lieu of a hearing as a

basis for the Board’s decision.

The facility in question is operated by Goodrich at Henry,

Illinois and produces polymer chemicals and polyvinyl chloride.

The plant employs 345 persons with an annual payroll of $7.0

million. Annual

production of the

polymer chemicals facility

is 21

million pounds and of the polyvinyl

chloride facility is

200

million pounds. These products are used in numerous goods

and industries. Of particular concern is an accelerator used to

cure properly the rubber used in motor vehicle tires. The

accelerator is a special delayed action variety. Goodrich rep-

resents that this type of accelerator is produced by only one

other manufacturer but is used by other tire manufacturers and

by Goodrich. Goodrich states that if the Henry plant were unable

to produce this accelerator that there would he a measurable

effect upon the motor vehicle tire industry.

Wastewater from the plant is processed through

a Primary

Waste Treatment System and a Secondary Waste Treatment System.

The end result is a sludge and a clarified effluent, the latter is

discharged to the Illinois River.

Presently, the effluent TDS concentration of the Henry plant

discharge is generally more than 3,500 ppm, but less than 6,000 ppm.

The maximum rate of discharge is 1.89 cubic feet per second, which

29

—

291

---

—2—

is

0.015 percent of the normal

Illinois River flow past the Henry

plant of

12,550 cubic feet per

second or 0,054 percent of the 7

day, 10 year low

flow in the

Illinois River (P.. 74,

P.75-6, Sept.

23,

1975)

The water

quality sampling

station on the Illinois River

record levels

of TDS from 260 to

660 ppm. The water quality

standard is 1000 ppm. The Henry plant contribution of dissolved

solids is calculated at .56 ppm (P.. 74, R75~~6,Sept. 23, 1975).

The contribution

to these levels

of TDS in the Illinois River by

industries in

general is minimal.

This statement is supported by

the findings of the Illinois Institute for Environmental Quality

in IIEQ No. 76/17 and by the conclusions of Gretchen Van Meer,

a doctoral

candidate

at Northwestern University, in a study en-

titled, “A Mathematical Model of Conservative Substances in the

Illinois River Waterway,” (Exhibit F to exhibit 41 in P.76-21).

Construction of facilities to reduce the TDS concentration

at the Henry plant’s discharge would be extremely costly.

Capital costs

would be at least

$800,000 (not including capital

costs for removal of the resulting brine other than construction

of an earthen pond

to contain

the waste brine stream) and operating

costs would be at least $200,000 annually,

There is no applicable demonstrated technology for TDS re~

moval on a large

scale from complex

wastewaters such as those

at the Henry plant. Control systems for removal of dissolved

solids are very energy intensive. The removal systems generate

another problem, the disposal of the brine generated by those

processes.

Goodrich believes

that the costs of TDS removal far

outweigh any benefits from such efforts.

Goodrich could

conceivably

achieve compliance by curtailing

certain parts of

plant

production, most likely the accelerator

processes. If this

were

to

be the result, annual wage losses

exceeding $350,000 could occur. Production losses from this

action would result in the loss of operating income in excess of

$1,250,000

annually to the Henry

plant. Further, the lack of

these accelerators would affect Goodrich~s tire and other rub-

ber manufacturing operations at a cost that is presently undefined.

Goodrich believes it has acted in good faith to comply with

applicable regulations and statutes. Efforts for TDS control

were begun prior to December 31, 1973. When production activities

increased at the Henry plant increasing TDS concentrations,

Goodrich sought relief by participating in R75-6 and P.76-21.

Interim standards are suggested as follows:

Weekly maximum TDS concentrations: 9,000 ppm

Monthly average TDS concentrations: 6,000 ppm.

The Agency does not dispute these facts. Both the Agency and

the Institute support the deletion of Rule 408(b) in P.76-21.

29

—

292

---

—3,-

The

Board

does find that Goodrich h~s demonstrated the

existence of

an

arbitrary and

unreasonable hardship if Goodrich

were required to comply with Rule 408(h) of Chapter 3.~ The high

cost of

compliance

balanced against the fact there :is no

significant effect

on the water

quality of the Illinois River

(Limnetics,

Inc. study, Ex,

3) warrants the grant of a variance.

The variance will

be granted subject to

the proposed interim

standards until June

30,

1982 or until the Board takes final

action in R76-21 as it pertains to TDS. Should the final action

taken not alleviate Goodrich’s problem, Goodrich shall have 90

days to file for additional relief,

rfhis Opinion constitutes the Board s findings

of fact

and

conclusions of law

in this matter.

It

is

the

order of the

Pollution Control

i3oard

that BFGoodrich

Company (Chemical Division) is

granted a

variance from Rule 408(b)

Chapter 3: Water Pollution Regulations for rts Henry, Illinois

facility from July 1, 1977 until June 30, 1982 or unt:~J.

this

Board takes

final action

on R76~21 as

it

pertains to TES,

Should

the final

action

taken not

alleviate

BFGoodrich s TUE problem,

BFGoodrich shall have 90 days to

file

for additional relief,

This variance is subject to interim standards as follows:

Weekly maximum TDS concentrations:;

Monthly average TDS

concentrations;; 6

~00U

pm.

CERT IF ICATI ON

Within 45 days of the adoption of this Order, the

BFGoodrich

Company (Chemical Division) shall execute and forward to both

the Illinois Environmental Protection Agency, 2200 Churchill

Road,

Springfield, Illinois 62706

and the :pollution

Control Board

a Certification of Acceptance and Agreement to he nound to all

terms and conditions of this Order.

The 45 day period

shall be

held in abeyance during any period

this

matter is be:Lng appealed.

The form of said certification

shall

be as

foL1ows~

I

(We)

, _____________

_______

haviog read and fully uider~

standing the

Order of the Illinois Pollution Cc~v:rof Board

~n

PCB 77~227 hereby accept said Order and agree to he bound by

all

of the terms and conditions

thereof~

SIGNED

T LTn~

_______

DATE

29 — 293

---

—4--

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control ~rd, hereby ce tify the above Order was ~dopted on

the

~$

day of

__________,

1978 by a vote of

~ 0

Illinois Polluti

29

—