ILLINOIS POLLUTION CONTROL BOARD

November 15, 1973

)

SHERWIN-WILLIAMS COMPANY

)

)

)

v.

)

PCB 73—367

)

)

ENVIRONMENTAL PROTECTION AGENCY

)

)

JAMES

T. HARRINGTON, HACKBERT, ROOKS,

PITTS, FULLAGAR AND POUST,

appeared on behalf

of Sherwin-Williams Company

LEE

A.

CAMPBELL, ASSISTANT ATTORNEY GENERA!~, appeared on behalf

of the Environmental Protection Agency

OPINION AND ORDER OF THE BOARD

(by Mr. Dumelle):

A petition requesting variance from the mercury sewer discharge

regulation

(Rule

702 of the Water Pollution Regulations)

was filed

August

29,

1973.

The Board entered an order on September 6,

1973

requesting additional information which Sherwin-Williams submitted

in the form of an amended petition on October

1,

1973.

The Agency~srecommendation was not filed until November 13,

1973.

It recommends

a grant of the petition subject

to complete

compliance with Rule

702.

No public hearing was held.

This matter has been before the Board in PCB 71-111,

3PCB37,

November 8,

1971 and in PCB 72-401,

ÔPCB28S, November

21,

1972.

In

the initial variance, the Board granted

a mercury

release of

10 lbs.

per year and

a discharge concentration of

5 ppb

(0.005

mgIl).

In the first extension of the initial variance,

the Board granted

discharge limits of

5

lbs. per year and concentrations of

5 ppb to

the 115th Street sewer and

2 ppb to the Kensington Avenue sewer.

Sherwin-Williams

is embarked upon a program drawn up by the

Roy

F.

Weston,

Inc. consulting engineering firm to control mercury

and other heavy metals and will do so by Septembe.T

30,

1974

(Pet.

p.5).

In their amended petition

(p.

2) Sherwin-Williams states that the

Weston system will eliminate “peaks that might otherwise occur”.

However,

if feels

it

cannot accept

tighter limits than were imposed

in PCB 72-401.

10—121

---

-2-

We have many times coiimiended Sherwin-Williams on its mercury

control program.

They have met the conditions set up in our previous

variances and a new system will be operative September 30, 1974.

We do not require complete compliance with Rule

702 because it

is

not

clear at this time that such compliance is feasible.

We

grant

the

variance

for

an

additional

year until

November

6,

1974

subject

to

the

conditions in the order.

ORDER

1.

Variance

is

granted until November 6, 1974 from Rule 702 of

the

Water

Pollution

Regulations

to

permit

discharges

not

in

excess

of

five

pounds

of

mercury

per

year

in

concentrations

not

to

exceed,

on

a

24-hour

composite basis,

.005

mg/i

in

its

discharges

to

the

115th

Street

sewer,

and

.002

mg/l

in

its

discharges

to

the

Kensington

Avenue

sewer

for

a

period

of

one

year.

2.

The

mercury

and

heavy

metal

control system as outlined by

Roy

P.

Weston,

Inc.

and

modified

and

approved

by

the

Agency

shall

be

installed

and

made

operative

by

September

30,

1974.

3.

Sherwin-Williams

shall

continuously

test

the

control

system

after

its

installation

to

determine

its

effect upon concentra-

tions of mercury

and

other

heavy

metals

and

the

extent

of

control

achieved

and

such

data

shall

be

timely reported to

the

Agency.

4.

Sherwin-Williams

shall

submit

quarterly

reports

to

the

Agency

detailing

progress

achieved

toward

full compliance with Rule

702.

IT

IS

SO

ORDERED.

I,

christan

L.

Moffett,

Clerk

of

the

Illinois Pollution Control

Board,

hereby

certify

the

above

Opinion

and

Qrder

was

adopted

on

the

/S~~

day

of

November,

1973

by

a vote

of

$~.

o

Illinois Pollution’t’6ntrol Board

10—In