ILLINOIS POLLUTION CONTROL
    BOARD
    October 31, 1974
    SHERWIN-WILLIAMS COMPANY
    v.
    PCB 74-275
    )
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    OPINION OP
    THE
    BOARD (by Mr. Dumelle):
    This Opinion js in support of an Order granting the
    variance on October 10,
    1974.
    Petitioner filed on July 18,
    1974 for an extension
    of the variance granted in PCB 73-367 on November 15,
    1973.
    Public hearings were held in Chicago on September 13 and
    September 19,
    1974.
    The plant is located in Chicago and
    employs about 2100 persons.
    The variance requested was twofold:
    to change the
    date for completion of a heavy metal control system from
    September 30,
    1974 as set in
    PCB
    73-367 to December 15,
    1974 or
    2-1/2 months after.a concrete truck drivers strike ends,
    whichever is later;
    and, a further extension, until November
    6,
    1975,
    of a variance from Rule
    702 of the Water Pollution Regula-
    tions to disch~rgenot more than 5 lbs.
    of mercury per year with
    concentrations not to exceed 0.005 mg/i to the 115th Street
    sewer and 0.002 mg/i to the Kensington Avenue sewer on a 24-hour
    composite basis.
    The hardship alleged by the petitioner is that it cannot
    comply with the regulation for mercury in its effluent
    (0.0005 mg/i)
    and
    “continue to operate its plant for the manufacture of products
    which are useful and necessary to the consuming publicv.
    The Agency filed its recommendation on August 29,
    1974.
    It
    recommended that the additional time be given as requested for
    the PCB 73-367 order but oniy recommended a 6-month rather
    than a 12-month variance for the effluent concentrations.
    The
    Agency recommended 4.0 lbs.
    of mercury to be discharged
    (on an
    annual basis) with the same concentrations
    in the effluent as
    in the petitioner’s request.
    14—335
    -
    On September
    4,
    1974 the petitioner responded to the
    Agency recommendation and asked for
    a grant of its original
    petition
    without
    hearing.
    The Agency answered on September 9
    and reaffirmed
    its recommendation.
    On September 12
    the Board
    denied
    the motion to
    grant without
    a hearing, feeling that
    since
    it
    was
    the fourth consecutive variance it ought
    to be
    fully
    re-examined
    at
    a public hearing.
    On September
    20
    the petitioner
    asked f~’an immediate grant of
    its request for extension of
    dates
    from
    the order in PCB
    73-367.
    The Board decided to take
    this
    motion with
    the case and did in its decision on October
    10,
    19 ~4.
    The September
    13 hearing established the average water
    use
    of the plant
    at about 90,000,000 gallons
    a month with
    93~of this being discharged to the Kensington Avenue sewer
    (R.
    13-16).
    The range
    in flows
    is from 80-100 million gallons
    per month
    (R.
    32).
    Testimony pointed out that neutralization
    would be done with lime instead of 50
    caustic
    (sodium hydroxid~
    and
    that less mercury would probably be introduced
    into the
    process after this change
    (R.
    57-8).
    The possibility of mercury
    in Sherwin-Williams effluent
    being
    caused by urban air pollution was discussed.
    A figure
    of
    5
    lbs.
    of mercury per day
    as an emission from the
    700 MW
    coal burning electric power plant was cited
    (R.
    77).
    The
    heavy metal
    control system being installed by Sherwin-Williams
    will also control pH and will cost about
    $1,500,000
    (R.
    89).
    But no assurance
    can be given that this new system will meet
    Rule
    702 limits for mercury because of the random nature
    of mercury occurrence
    (R.
    111-2).
    Thus
    a period of experimentation
    of
    at least
    six months
    seems necessary after completion of this
    heavy metal control system
    (R.
    114).
    The operating cost of the
    system will
    be $330,000 per year
    (R.
    157).
    The Board grants
    this variance as to
    the effluent for the
    full
    year
    reauested
    by
    the petitioner since
    time
    is necessary
    for experimentation with the new heavy metal control system.
    The additional time for the system completion
    is justified
    in view of the strike and late deliveries
    of equipment.
    The
    compliance
    date
    is
    set at January 15, 1975 should other delays
    occur.
    Sherwin-Williams good faith efforts and strict adherence
    to prior variance conditions are noted and commended.
    This Opinion constitutes
    the Board’s findings of facts
    and conclusions
    of law.
    I, Christan L.
    Moffett,
    Clerk of the Illinois Pollution Co~~rol
    Board,
    here y certify
    the above Opinion was adopted
    on the
    Z~f
    day of _______________________
    ,
    1974 by
    a vote of
    ___________________
    ~stanL.~~
    Illinois Pollution
    ontrol Board
    14—336

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