ILLINOIS POLLUTION CONTROL HOARI)
    November 28,
    1P72
    )
    ENTERPRISE PAINT MANUFACTURING COMPANY
    )
    )
    )
    v.
    )
    PCB 72-435
    )
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    OPINION AND ORDER OF THE BOARD (by Mr. Dumelle)
    The Enterprise Manufacturing Company, a division of Insilco Corporation,
    (Enterprise) filed a petition with the Board on November 9, 1972 asking an
    extension
    for
    six months of its variance previously granted (PCB 71-116,
    November 8, 1971, 3 PCB :37) in order to discharge mercury into the Uticago
    sewer system in excess of The requirements of Section 702 of Chapter 3,
    Water Pollution Regulations.
    Without a hearing we grant the variance for the reasons stated below.
    The original variance of November 8, 1971 provided that Enterprise could
    discharge not more than 0. 035 mg/I (35 ppb) of mercury not to exceed 7 lbs.
    per year. Enterprise now states that it can meet 0. 005 mg/l (5 ppb) and a
    limit of 1. 5 lbs. per year. These new limits represent an 85. 7 reduction
    in concentration and a 78. 6t reduction in annual pound loading from the old
    variance limits. The Board commends Enterprise for its diligence and success
    in achieving these substantial reductions in the discharge of this toxic metal.
    Enterprise recites the steps it has followed to reduce its mercury discharge
    including complete recycling of wash water; replacing mercury in all paint
    formulations except exterior latex painis; and the checking of all raw materials
    for mercury content. The company further states that it thinks it has found a
    satisfactory substitute for merc:ury in its exterior latex paints and may
    completely eliminate mercury by January 31, 1 ~?73. That date is only two months
    from today and presumably the additional lime requested (to May 7, 1973) Is
    needed to allow mercury residues in the plani system to wash out.
    The Agency in its recommendation filed November 14, 1972 recommends
    the grant of the variance. It points out that the Enterprise has not exceeded
    6—347
    -2-
    0. 010 mg/I (10 ppb) in a
    24-hour
    composite in any of the monthly rt’porls
    previously
    submitted. The Agency has
    commendably gone
    downstre;~ni
    to
    the ultimate discharger, the West—Southwest
    ‘I’rentment
    Plant of the
    Metropolitan Sanilary District of Greater Chicago, and finds merrury ‘us-
    charges there to he below 0. 0005 mg/i (0.
    5
    ppb) which is the requirc~m(’n1uf
    Section 702.
    We grant the variance but point out to the company its own lark of
    certainty that the non-mercury formulation for exterior latex will work.
    Based upon our hearings in R70-5 we remain convinced that adequate
    substitutes are available and the Sherwin-Williams Company experience
    hears this out (PCB 72-401, November 21, 1972). The Sherwin-Willi;~ms
    case also tells us that mercury may be generated in excess of the sewer
    discharge standard even after mercury formulations are removed from
    paint. The Monsanto variance (P03 72-336. October 31, 1972) raises again
    the question of the fate of 32, 000 lbs. of mercury per year. If Enterprise
    is using chlorine or sodium hydroxide or potassium hydroxide made in
    chlor-alkali cells it may he receiving significant quantities of mercury via
    this route. In any event, should it prove impossible for Enterprise to meet
    the mercury standard at its sewer we suggest a new filing for a variance
    with this Board in ample time to allow consideration before expiration of
    the instant variance.
    ORDER
    1.
    Enterprise shall supply a verification to the Board of its petition signed
    by an officer of the company not later than December 18. 1972.
    2.
    Variance is granted for the period from November 8. 1972 to May 7, 1973
    from Section 702 of Chapter 3 to permit mercury discharges to the
    sewer not to exceed 0. 005 mg/i (5 pph) based upon a 24-hour composite
    sample and not to exceed 1. 5 lbs. of mercury per year based upon a
    3-month moving average.
    3. Monthly reports shaU be made to the Agency giving the strength and
    weight of the mercury discharged; the progress made toward full
    compliance with Rule 702; and the progress made toward eliminating
    the use of mercury in the manufacture of aU its products by .Ianuary 31.
    1973. Reports are to be made not later than 21 days after the end of
    the month to be reported on.
    8—. 348
    -3-
    4.
    Enterprise shall continue its present efforts to obtain the best
    possible degree of control over mercury discharges.
    5,
    Violation of any of the foregoing conditions shall be cause for
    cancellation of the variance.
    I, Christan L. lVloffett, Clerk of the Illinois Pollution Control Board,
    hereby certify the above Opinion and Order were adopted on the~~~~day
    of November, 1972 by a vote of
    ~3o
    Christan L. Moffett, C
    Illinois Pollution Contro Board
    6 — 349

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