LLL:NO1S
    POLL.U ‘I’ION
    CONTROL
    HOARD
    Nevember
    21,
    lPfl
    SHERWIN-w:LL:AMS
    COMPANY
    )
    )
    v.
    )
    PCB
    72-401
    )
    )
    ENVIRONMENTAL PROTECTION
    AGENCY
    )
    )
    OPINION
    AND ORDER OF THE
    BOARD
    (by
    Mr.
    Dumeile);
    The
    Sherwin-WiLliams Company on October
    10.
    1972 filed
    a petition
    asking
    that
    its earlier
    variance
    to
    discharge
    mercury
    into two
    City of
    Chicago sewers
    be extended for an additional
    year
    with tighter
    limits.
    We grant the variance
    without hearing.
    The earlier
    variance ranted
    November 8,
    1971
    (PCB
    71-111,
    3PCB 37)
    permitted
    Sherwin-Williams
    to discharge
    mercury not in excess
    of 0. 005
    mg/I
    ‘compared
    to the standard of 0. 0003 mg/l)
    not to exceed
    10
    lbs.
    per
    year.
    The
    instant petition
    asks that
    the
    0. 005
    mg!1
    variance
    level
    be
    retained for
    discharges
    to the
    113th
    Street sewer
    and that
    discharges
    to the
    Kensington
    Avenue sewer
    be tightened
    to
    0. 002
    mg/I
    with
    total mercury
    releases
    not
    to exceed
    5
    Lbs.
    per
    year.
    Sherwin-Williams
    in the
    past year has thus
    reduced by
    50
    its discharge
    of this
    toxic
    metal to the environment
    and is
    to be
    commended.
    The verified
    petition
    describes
    Sherwin-Williams
    past
    actions
    in
    (a) substituting
    non-mercuric
    materials
    for phenyl mercuric
    acetate
    and similar
    compounds formerly used
    as
    fungicides
    and
    bactericides
    in
    Jatex pdnts;
    lh) testing
    and
    analyzing raw
    materials
    for mercury
    content;
    (ci switc:hing
    from
    mercury
    cell caustic
    (85)
    to
    diaphragm
    made caustic
    (85°t)
    to avoid
    mercury
    contamination;
    (d) instituted
    strict
    handling practices
    for
    metallic
    mercury
    instruments;
    anti
    (e) practiced
    a
    high
    degree of good housekeeping
    in order
    to minimize
    mercury
    discharges.
    Furthermore
    the Sherwin-Williams
    Company has
    retained the well -known
    consulting
    firm of Roy
    F.
    Weston,
    Tn’:.
    to
    study
    its metal
    discharges
    (including
    mercury)
    and
    to
    recommend
    further
    improvements
    which the Company is
    embarking
    upon.
    6-.

    —2—
    The
    Agency,
    in
    its
    recommendation
    filed
    November
    6,
    1972
    recommends
    the
    grant
    of
    the
    variance
    for
    an
    additional
    year
    with
    whfch
    we
    concur.
    We
    feel
    that
    the
    Sherwin-Williams
    Company
    has
    done
    an
    excellent
    and
    outstanding
    ~ob
    in
    studying
    and
    correctjng
    its
    mercury
    discharge
    problem
    in the
    short
    period
    since
    the
    grant
    of
    the
    initial
    variance.
    ORDER
    1.
    A
    variance
    is
    granted
    until
    November
    6,
    1973
    from
    Rule
    702
    of the
    Water
    Regulations
    (Chapter
    3) to
    permit
    discharges
    of
    mercury
    on
    a
    24-hour
    composite
    basis
    not
    to
    exceed
    0. 005
    mg/I
    into
    the
    115th
    Street
    sewer
    and
    not
    to
    exceed
    0.
    002
    mg/l
    into
    the
    Kensington
    Avenue
    sewer;
    and
    not
    in
    excess
    of
    5
    lbs.
    per
    year
    as
    a total
    from
    all
    plant
    discharges.
    2.
    Preliminary
    engineering
    plans
    and
    drawings
    for further
    mercury
    control
    shall
    be
    submitted
    to
    the
    Agency
    by
    December
    18,
    1972.
    3.
    Detail,
    design
    drawings
    and
    plans
    for
    further
    mercury
    control
    shall
    he
    submitted
    to
    the
    Agency
    by
    June
    4~ 1973.
    4.
    Quarterly
    reports
    shall
    he
    submitted
    to
    the
    Agency
    setting
    forth
    progress
    being
    made
    toward
    full
    compliance
    with
    Rule
    702
    of
    Chapter
    3
    (Water
    Regulations).
    5,
    Present
    efforts
    be
    continued
    to
    obtain
    the
    best
    possible
    control
    over
    mercury
    discharges.
    6.
    Application
    for
    further
    extension
    of
    this
    variance
    shall
    be
    made
    at
    least
    90
    days
    prior
    to its
    expiration.
    1,
    Christan
    L.
    Vloffett,
    Clerk
    of
    the
    Illinois
    Pollution
    Control B~rd,
    hereby
    certify
    the
    above
    Opinion
    and Order
    were
    adopted
    on the~1~__day
    of
    November,
    1972
    by
    a
    vote
    of
    ________________________
    Christan
    L.
    JVloffett,
    ~~yk
    Illinois
    Pollution
    Control
    Board
    6
    286

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