ILLINOIS POLLUTION CONTROL BOARD
    January
    8,
    1976
    REPUBLIC STEEL CORPORATION,
    )
    Petitioner,
    v.
    )
    PCB 74—481
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Respondent.
    Mr. George
    E. Buliwinkel,
    and Mr. Charles E. Miller, Attorneys,
    appeared for the Petitioner;
    Mr. Jeffrey S.
    Herden, Assistant Attorney General, appeared
    for
    the Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Zeitlin):
    This
    matter comes before us on a Petition for Variance filed
    by Republic Steel Corporation,
    (Republic), on December 18,
    1974.
    Objections to the Variance requested
    in Republic’s Petition were
    filed by the Environmental Protection Agency,
    (Agency),
    on
    December
    27,
    1974,
    and by an interested citizen on January
    6, 1975.
    An Agency Recommendation was filed on January 27,
    1975.
    An
    Amended
    Agency Recommendation was filed on April
    7, 1975, after Republic
    filed
    its Amended Petition on March
    10,
    1975..
    Republic’s Motion,
    on June
    25,
    1975,
    that this matter be decided without hearing, was
    denied by the Board in an Interim Order dated July
    1.0,
    1975, and a
    hearing was subsequently held on September
    10,
    1975,
    in Chicago.
    On October 30,
    1975,
    the Board entered a further Interim Order,
    finding the record inadequate in that the issue of environmental
    effect of Republic’s cyanide discharges into the Calumet River had
    not been addressed.
    Additional information on this point was submitted
    by Republic on December 11,
    1975.
    At various times since the filing
    of
    its original Variance Petition on December 18,
    1974, Republic has
    waived its statutory right to a decision on the matter within
    90 days.
    This matter concerns Republic’s integrated steel mill
    facilities in Chicago,
    located on the Calumet River approximately
    three miles upstream of Lake Michigan.
    Republic and its
    predecessors have operated
    a steel manufacturing facility on
    that site since 1899.
    Republic states that approximately 6,000
    Illinois residents are employed at this plant.
    19—547
    —2—
    Republic’s original Petition concerned wastewater discharges
    from the Republic plant at two locations.
    These were:
    1.
    Outfall No.
    7
    to the Calumet River,
    having a volume of approximately 20,000
    gallons per minute
    (gpm), and
    2.
    A sewer discharge to a City of
    Chicago sewer, tributary to an interceptor
    sewer of the Metropolitan Sanitary District
    (MSD), and the MSD’s Calumet Treatment Plant.
    Both of those discharges contain various cyanide compounds.
    Republic claimed in its
    original Petition that the cyanide
    discharge. from its plant
    (at both points) was the result of basic
    steelmaking processes.
    Cyanide is formed in the coking process
    at the steel mill,
    and enters various wastewater streams at
    several points.
    Substantial quantities of water,
    (approximately
    7,000 gpm), are used in the blast furnace for indirect cooling.
    Of that volume, approximately 3,000 gpm are presently reused in
    a scrubber, a gas cooler,
    and an electrostatic precipitator.
    During that process, cyanide
    in various forms enters that flow,
    which is then directed to Republic’s
    “No.
    3 Clarifier,” where
    it is treated with polymers,
    lime and chlorine prior to discharge
    through the No.
    7 Outfall.
    The cyanide concentrations,
    (total),
    in the discharge through No.
    7 Outfall, range from less than
    0.01 mg/i to 0.8 mg/i.
    Petitioner seeks a Variance from Rules
    402 and 408(a) of
    Chapter
    3: Water Pollution,
    of the Pollution Control Board,
    (Board),
    Rules and Regulations as they pertain to cyanide
    discharges into the Calumet River from Outfall No.
    7.
    Rule 402
    prohibits discharges causing violation of water quality standards,
    which in the case of cyanide are 0.025 mg/i.
    Rule 408(a)
    sets an
    effluent standard of 0.025 rng/l for cyanide.
    Republic’s original Petition also sought a Variance from
    Rule 703 for its cyanide sewer discharges.
    However, in its
    Amended Petition filed March 10,
    1975, Republic withdrew that
    portion of its original Variance Petition.
    The only issues
    remaining before us concern the cyanide discharge from No.
    7
    Outfall, described above.
    As part of a civil action in the Circuit Court of Cook
    County,
    People of the State
    of Illinois ex rel. William
    3.
    Scott
    v.
    RepubLic Steel Corporation,
    69 CR 3675,
    (consolidated
    with Metropolitan Sanitary District v. Republic Steel,
    69 CR 3532),
    Republic
    is committed to terminate its blast furnace process
    wastewater discharges
    into the Calurnet River through the No.
    7
    Outfall by December
    31,
    1975.
    Republic is committed to install
    and operate a recycle system for those waste waters, so that the
    19—.548
    —3—
    discharge from the No.
    3 Clarifier will be recycled to the
    gas-cleaning systems of the blast furnace.
    These actions have
    been designated by Republic as its compliance plan in this matter,
    and both Republic and the Agency indicate that Republic’s recycle
    system should be operating on or ahead of schedule.
    Republic’s Amended Petition asks that it be allowed
    to
    continue its cyanide—containing wastewater discharges into the
    Calumet River for a period of one year from the filing of its
    Variance Petition, or until completion of its recycle system,
    whichever comes
    first.
    During that time,
    Republic proposes
    that it be permitted to continue its discharges into the Calumet
    River
    in such volumes and concentration as those experienced
    over the six months preceding the filing of the Petition, with
    an absolute limit of 0.8 rng/l of cyanide.
    Data submitted by Republic on December 11, 1975, pursuant to
    the Board’s InterimOrder of October 30,
    1975,
    indicates that
    Republic
    is achieving compliance with that “interim standard.”
    Although all results for 1975 were not available at the time the
    information was submitted,
    it appears that the effluent cyanide
    concentration from Outfall No.
    7 has generally been low,
    (Ex.
    Fl,
    Attachment
    42).
    The other weekly readings were generally lower
    than 0.01 mg/i.
    There remains however, considerable question as
    to the accuracy of any individual test for cyanide concentration,
    (e.g.,
    Ex.
    G).
    Republic also submitted considerable material on the toxicity
    of its effluent, and the effect of that effluent on the cyanide
    water quality of the Calumet River.
    Much of this material,
    taken
    for the most part from the currently pending regulatory matter,
    R74—15,
    -16,
    “CYANIDE,” concerns scientific testimony to the effect
    that cyanide concentrations in the range of the Board’s current
    cyanide water quality standard is not toxic
    to the marine life in
    Illinois waterways,
    (e.g.,
    Ex.
    C, D,E,
    F).
    Other material indicates
    that the levels of cyanide generally found in the Calumet River would
    fall within the levels which would be permissible if that scientific
    testimony is accepted,
    (Ex.
    F,
    G.
    H).
    There
    is sufficient evidence
    to show that while some analyses of Calumet River water show cyanide
    levels exceeding the present water quality standard of 0.025 mg/i,
    (Ex.
    G,
    p.
    6), cyanide levels
    in the River are generally within the
    present water quality standard,
    (Ex.
    F,
    pp.
    IV-5 toIV-10;
    Ex.
    H,
    Attachments 1-42).
    Weighing the likelihood of harm from Republic’s
    cyanide effluent against the period of time
    in question and the
    effects of any requirement of immediate compliance with the present
    effluent standards,
    we find Republic’s showing concerning the
    environmental effects of its discharges during the Variance period
    to be adequate and the degree of environmental harm to be minimal.
    19— 549
    —4—
    The Agency’s original Recommendation
    in this matter
    recommended that Variances from Rules 402 and
    408(a)
    be granted
    for Republic’s No.
    7 Outfall,
    but asked that the requested
    Variance relating to Republic’s sewer discharges be denied.
    The Agency’s Amended Recommendation,
    filed after Republic with-
    drew
    its
    Petition for Variance concerning
    the sewer discharges,
    again recommended that this Variance be granted.
    We agree with the Agency that Republic has undertaken
    in
    good faith,
    and should by now have completed,
    an adequate program
    of compliance.
    In addition,
    we feel
    that
    it would impose a
    significant hardship were we to deny
    this
    Variance.
    Republic’s
    good faith reliance on the compliance program resulting from
    the earlier Circuit Court action, and its expenditure of
    significant sums to implement that program, provide us with
    sufficient hardship to allow the grant of this Variance.
    We
    feel that the requested Variances from Rules 402 and 408(a),
    for Republic’s No.
    7 Outfall have 1~eenjustified;
    it would
    serve no purpose to deny the Variances for the final months of
    the compliance program.
    Before concluding this matter,
    however,
    we must take note
    of Republic’s cyanide sewer discharges, and Republic’s withdrawn
    request for Variance concerning those discharges.
    In an Agreement
    submitted by the parties at hearing, Republic agreed to withdraw
    that Variance request, and the Agency agreed that
    it would submit
    a favorable Recommendation in the remaining matters.
    Normally,
    this procedure would have been unacceptable to the Board in reaching
    a final conclusion on the merits of this case.
    However,
    the parties
    in this matter have pointed out that the Board has currently pending
    before it an enforcement case alleging violations of Rule 703 by
    Republic.
    EPA v.
    Republic, PCB 75-li
    (filed Jan.
    8,
    1975).
    Consideration of that enforcement case has been stayed by the Board
    pending resolution of a Regulatory Petition filed by Republic which,
    if enacted by the Board, would significantly relax the standards
    of Rule
    703.
    That regulatory matter, R74-l5,
    -16,
    (consolidated),
    is still pending before the Board.
    Since it appears that the
    procedure adopted by the parties in this matter will, through
    the mechanism of the pending regulatory and enforcement matters,
    resolve all the issues of Republic’s cyanide discharges, we feel
    that,
    in this limited instance,
    the procedure is acceptable.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board in this matter.
    19—550
    —5—
    ORDER
    IT IS THE
    ORDER
    OF THE
    POLLUTION CONTROL BOARD THAT
    Petitioner, Republic Steel Corporation, be granted a Variance
    from December 18,
    1974, until December 31,
    1975, from Rules 402
    and 408(a), as they relate to cyanide discharges from Petitioner’s
    No.
    7 Outfall into the Calumet River, subject to the following
    conditions:
    1.
    Petitioner’s cyanide discharges
    from No.
    7 Outfall into the Calumet River
    during the Variance period shall not exceed,
    in volume or concentration,
    substantially
    the same amounts as were discharged in the
    twelve month period immediately preceding
    the filing of the Petition for Variance in
    this matter.
    2.
    Petitioner’s cyanide discharges
    from its No.
    7 Outfall
    into the Calumet
    River shall not exceed 0.8 mg/i at any
    time.
    3.
    Petitioner shall file
    a complete
    report concerning completion of the
    compliance plan described in the foregoing
    Opinion,
    such report to be filed with the
    Environmental Protection Agency within
    30
    days of the date
    of this Order,
    to:
    Illinois Environmental Protection Agency
    Manager, Variance Section
    Division of Water Pollution Control
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    4.
    Within thirty
    (30) days of the date
    of this Order,
    Petitioner
    shall execute and
    forward to the Environmental Protection
    Agency, and this Board,
    a Certificate of
    Acceptance
    in the following form:
    19—551
    —6—
    I,
    (We),
    _____________________,
    having
    read the Order of the Illinois Pollution
    Control Board
    in Case No. PCB 74—481,
    understand and accept said Order, realizing
    that such acceptance renders all terms and
    conditions thereto binding and enforceable.
    SIGNED
    TITLE
    DATE
    Mr. James Young abstained;
    Dr. Donald Satchell abstained.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board,
    hereby certify the above Opinion and Order were adopted on
    the
    _____
    day of January,
    1976,
    by a vote of
    ,3—o
    ~~MOf~rk
    Illinois Pollutio
    ontrol Board
    19—
    552

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