ILLINOIS
    POLLUTION
    CONTROL BOARD
    January
    6, 1972
    In the Matter of
    )
    EFFLUENT
    CRITERIA
    )
    R70-8
    In the
    Matter
    of
    WATER
    QUALITY STANDARDS
    )
    R71-14
    REVISIONS
    In
    the Matter
    of
    WATER
    QUALITYSTANDARDS
    )
    R71-20
    REVISIONS
    FOR
    INTRASTATE
    )
    WATERS
    (SWB-14)
    )
    Supplemental
    Statement
    (by
    Mr.
    Dumelle)
    This
    is
    a belated
    filing
    of
    my
    comments
    on
    this extremely
    important
    set
    of
    effluent
    standards
    which I heartily
    endorse.
    Mr.
    Curri&s
    excellent
    opinion
    deals
    well with the reasons
    for effluent
    standards
    and the status
    of reasonable
    technology
    for
    achieving those
    standards.
    My remarks
    which follow
    cover
    these
    topics:
    1.
    Certain
    effluent
    standards,
    which
    as
    adopted,
    could
    have
    and
    should
    have been tighter
    based
    on the record
    in this proceeding
    or
    on
    the
    exercise
    of prudence.
    2.
    The
    effluent
    standards
    in some
    cases
    were
    adjusted
    to
    an
    individual industry’s
    need which
    could
    have been better
    left
    to the
    variance
    procedure
    for
    solution.
    3.
    Effluent
    standards
    should be
    revised
    soon after
    two major
    Federal
    documents
    are
    issued this
    year.
    4.
    A possible
    conflict
    exists
    with ORSANCO
    standards.
    3
    429

    GENERAL
    The
    publication
    ‘~ToxicSubstances’t
    by the
    Council
    on
    Environmental
    Quality
    (April 1971)
    capsules
    the difficulty
    in
    standards-setting
    with this
    pass age
    The
    Chemical
    Abstracts
    Service
    Registry
    Number
    System
    has registered
    some
    1. 8
    million
    chemical
    compounds,
    and the list
    is
    growing by
    the
    addition
    of
    250, 000
    chemicals
    each
    year.
    Approximately
    300 to
    500 new
    chemical
    compounds
    are
    introduced
    annually
    into
    commercial
    use.
    (p.
    3)
    It would
    be unrealistic
    to expect
    the Board
    to
    enact
    standards
    (either
    effluent
    or
    water
    quality)
    on
    every
    chemical
    and for various
    combinations
    with others.
    For
    this
    reason,
    narrative
    standards
    which
    proscribe
    materials
    causing
    harm
    are
    always
    necessary
    and are
    the first
    and most
    general
    line
    of
    defense
    of our water
    environment.
    Second
    come
    water
    quality
    standards
    which gear
    amounts
    of
    chemicals
    to
    known effects
    or
    to
    qualities
    which
    are
    desired
    or
    are
    set to
    prevent
    degrada-
    tion.
    Water
    quality
    standards
    are
    difficult
    to
    enforce
    if multiple
    sources
    are
    present.
    The third
    line then becomes
    effluent
    standards
    which are
    relatively
    easy
    to enforce
    and ideally are
    geared
    to
    achieving water
    quality
    standards.
    But time
    consuming
    and expensive
    river
    basin
    studies
    are
    needed to relate
    effluent standards
    exactly to
    water
    quality
    standards.
    A base
    level
    of treatment
    is
    desirable
    as
    a first
    cut toward
    cleaning
    the
    waters
    of Illinois.
    The
    Council
    on Environmental
    Quality
    in its
    report
    cited
    above
    gives
    an
    excellent
    example
    of the
    complications
    caused
    by
    synergism.
    Synergism
    is
    another
    complicating
    interaction.
    Two or
    more
    compounds
    acting together
    may
    have
    an
    effect
    on
    organisms
    greater
    than the
    sum
    of their
    separate
    effects.
    For
    example,
    the
    toxic
    effects
    of mercuric
    salts
    are
    accen-
    tuated
    by
    the presence
    of trace
    amounts
    of
    copper.
    Cadmium
    acts
    as
    a synergist
    with
    zinc
    and
    cyanide
    in the
    aquatic
    environment
    to
    increase
    toxicity.
    (pp.
    8-9)
    3
    430

    To
    me,
    what
    is extremely
    important,
    is that
    “good treatment”
    may keep
    out of Illinois water substances about whose synergistic effects we know
    little and in all probability will never
    know.
    Prevention is a better
    remedy than a costly cure
    or a cure which is never applied because the
    problem is not recognized.
    Thus where a choice in this proceeding has to be made between two
    levels of treatment, both reasonable in cost,
    I would lean toward the tighter
    standard on the ground that we ought to keep out of the environment all sub-
    stances
    that
    may be harmful.
    1.
    Harmful
    Substances
    The
    majority
    opinion,
    in which
    I join,
    dealt at length with the
    testimony
    of Dr.
    Wesley
    Pipes
    of Northwestern
    University
    (pp.
    9-10).
    Dr.
    Pipes listed
    seven
    elements
    which function
    only as
    toxic
    agents
    (and)
    should be eliminated
    from the water as much as possible.”
    He
    goes on to list barium, cadmium, lead, chromium, mercury, selenium
    and
    silver
    as
    examples
    of these
    toxic
    agents.
    The
    regulation
    adopts
    2. 0 mg/l
    as
    a
    standard
    for
    barium.
    Weston
    stated that
    barium
    is
    readily
    reduced to levels
    of
    1. to
    2 mg/I
    (see
    Currie
    opinion,
    p.
    12).
    I
    would have
    set
    a
    standard
    of
    1. 0 mg/I.
    This
    would also
    have made
    low
    flow
    streams
    with
    high barium
    flows
    usable
    for
    drinking
    water
    supplies
    without
    dilution.
    The
    effluent
    standard
    for
    cadmium
    as
    adopted was
    0.
    15 mg/I.
    Cadmium
    is
    highly toxic
    as
    the
    Currie
    opinion
    points
    out
    (p.
    13).
    The
    Council
    on
    Environmental
    Quality
    report
    mentioned
    above
    states
    Some
    preliminary
    studies
    indicate
    that
    exposure
    to
    low levels
    of
    cadmium
    from
    sources
    present
    in the
    environment
    may lead to hypertension
    and
    heart
    disease
    and perhaps
    to
    cancer.
    (p.
    11)
    The
    synergism
    of
    cadmium
    with
    zinc
    and cyanide
    in the
    aquatic
    environment
    resulting
    in increased
    toxicity
    has been
    mentioned
    earlier.
    All
    of the
    known effects
    of
    cadmium,
    in my opinion,
    place
    it
    in
    a category
    very
    similar
    to that
    of mercury.
    It appears
    to
    be a highly
    dangerous
    metal that
    ought
    to be kept
    out
    of the
    environment
    to
    the greatest
    extent
    possible.
    I would have opted for the
    level
    of
    0.
    01
    mg/l
    as
    a cadmium
    effluent
    standard
    as
    suggested
    by
    Dodge
    in this
    record.
    Again since
    the
    0.
    01
    mg/l
    level
    is
    the
    drinking
    water
    supply
    standard
    it
    would
    make
    possible
    this use for
    low flow streams
    into
    which high volumes
    of cadmium-
    bearing
    effluents
    are
    discharged.
    Prudence
    calls
    for
    cadmium
    control.
    3

    The
    regulation
    adopts
    1.
    0 mg/l
    for trivalent
    chromium
    and
    0.
    3 mg/i
    for
    hexavalent
    chromium.
    I would have
    adopted
    0.
    1 mg/i
    for
    each
    type of
    chromium
    based
    upon
    the
    clear
    statement
    in the record
    by
    Dr.
    James
    W.
    Patterson
    and Dr.
    Roger
    A.
    Minear
    of
    the Illinois
    Institute
    of Technology.
    In their
    study
    “Wastewater
    Treatment
    Technology”
    published in
    August
    1971
    by
    the
    Illinois
    Institute
    for Environmental
    Quality
    and
    a part
    of this record
    they describe
    a
    1959 report
    of an industrial
    plant
    which
    discharged
    zero
    hexavalent
    and
    0. 06
    mg/i
    trivalent
    chromium
    (p.
    44).
    It seems
    reasonable
    to assume
    that technology
    would
    have improved
    chromium
    removal
    techni-
    ques
    in the past
    13 years
    so the
    0.
    1
    mg/i
    for each form
    of
    chromium
    seems
    an eminently
    justifiable
    level
    of treatment.
    And as
    before,
    the
    0.
    1 mg/l
    level
    would
    approach
    drinking
    water
    standards.
    An effluent
    standard
    of
    0.
    1 mg/i
    for lead
    has been
    adopted in this
    proceeding.
    The
    drinking
    water
    standard
    is
    50
    of this
    level
    or
    0. 05
    mg/i.
    Patterson
    and Minear
    in their
    report
    cited
    above
    state
    Little
    data
    is
    available
    on
    effluent
    lead values
    after
    treatment
    costs
    have been found.
    However,
    the
    extreme, insolubiities
    of both lead hydroxide
    and lead
    carbonate,
    the
    two most
    common preci-
    pitation
    products,
    would indicate
    that
    good
    conversion
    of
    dissolved
    lead to
    insoluble lead
    should be
    achieved.
    (p.
    133)
    My preference
    would have
    been for
    the tighter
    0. 05
    mg/i
    standard.
    The
    Council
    on
    Environmental
    Quality report
    states
    .
    .
    the
    critical
    question
    today
    is
    whether
    the total
    body
    burden
    produced
    by inhaling
    air
    polluted
    with
    lead
    and by
    drinking
    water
    containing
    small
    amounts
    of lead
    is
    sufficiently
    large
    to produce
    any adverse
    effects.
    The
    data
    are
    not
    conclusive,
    but
    in the
    opinion of at least
    one recognized
    expert,
    “There
    is
    little
    doubt that
    at the present
    rate
    of pollution,
    diseases
    due to lead toxicity
    will
    emerge
    within
    a few years.”
    The
    expert
    referred
    to above
    is
    Dr.
    Henry
    A.
    Schroeder,
    a physician
    at Dartmouth
    Medical
    College,
    who has
    done
    a great
    deal
    of research
    into trace
    metal
    toxicity.
    The
    recent
    IIEQ work
    “A
    Study of
    Environmental
    Pollution
    by
    Lead”
    (November
    1971)
    states
    Other
    authorities
    believe
    that biological
    changes
    are
    exhibited
    at
    all
    lower
    exposures
    (to lead),
    that
    no threshold
    exists
    below which
    no
    damage
    results.
    (p.
    91)
    3
    432

    One
    can
    argue
    that the
    above
    statements
    have merit
    only
    when
    applied
    to the lead
    level
    at the point
    of
    consumption,
    i. e.
    in the
    drinking
    water
    supply.
    But
    we
    do
    not
    know for
    certain the
    concentration
    mechanisms
    of biota
    on
    lead.
    Prudence
    would say that
    we ought
    to keep
    as
    much
    lead
    out
    of the
    environment
    as
    we reasonably
    can.
    The mercury
    standard
    of
    0. 0005
    mg/l
    developed
    in
    R70-5
    has been
    retained.
    It
    is
    interesting
    to
    note that
    the
    latest
    draft
    of the
    new Federal
    drinking
    water
    standards
    discussed
    later
    has
    lowered
    the
    tentative
    level
    of
    0. 005
    mg/i
    for
    mercury
    to
    0. 002
    mg/I
    and is
    thus
    now
    much
    closer
    to
    the
    year-old
    Illinois
    standard.
    The
    mercury
    standard
    is
    a
    good
    example
    of this
    Board’s
    action
    on
    a
    no
    threshold”
    and
    cumulative
    pollutant.
    The
    same
    sort
    of prudence
    is
    called
    for
    in
    similar
    situations
    with other
    pollutants.
    The
    effluent
    standard
    for
    selenium
    adopted
    in this
    standard
    was
    1. 0
    mg/i.
    The
    drinking
    water
    supply
    standard
    is
    0.
    01
    mg/i
    and
    Dodge
    testified
    on
    this
    record
    that
    the
    tighter
    figure
    could be
    achieved
    as
    an
    effluent
    standard,
    Because
    of the
    toxicity
    of
    selenium
    which
    is
    recognized
    in
    the
    Currie
    opinion
    (p.
    18)
    1
    would have
    enacted
    the
    0.
    01
    mg/i
    standard
    stated
    to
    be
    attainable
    by
    Dodge.
    Again,
    this
    level
    might
    make
    certain
    streams
    usable
    directly
    as
    drinking
    water
    supplies.
    The
    standard
    for
    effluents
    in
    Illinois
    for
    silver
    is
    adopted
    here
    as
    0.
    1
    mg/i.
    The
    drinking
    water
    supply
    limit
    is
    0. 05
    mg/i
    or
    50
    as
    much
    and
    is
    the
    value
    I
    would
    have
    desired.
    The
    Patterson-Minear
    report
    states
    The
    value
    of
    silver
    makes
    recovery
    from
    process
    streams
    attractive..,
    co-precipitation
    with other
    metal
    hydroxides
    under
    alkaline
    conditions
    improves
    silver
    removal
    to
    less
    than
    0.
    1 mg/i...
    .
    Very
    low
    residual
    silver
    concentrations
    are
    possible
    with
    ion
    exchange.
    (p.
    229)
    The
    above
    indicates
    to
    me
    that
    0. 05
    mg/i
    is
    a technically
    feasible
    and
    economically
    reasonable
    effluent
    standard
    for
    silver.
    And
    since
    silver
    is
    a precious
    metal
    in
    short
    supply
    such
    a standard
    would
    directly
    follow
    the
    Illinois
    Environmental
    Protection
    Act purpose
    “to promote
    the
    development
    of technology
    for
    environmental
    protection
    and
    conservation
    of natural
    resources.
    Sect.
    2(a)4
    This
    completes
    an
    analysis
    of the
    seven
    elements
    which
    Dr.
    Pipes
    stated
    “should
    be
    eliminated
    from
    the
    water
    as
    much
    as
    possible.”
    3—433

    2.
    Standards
    or
    Variances?
    One
    of the dilemmas
    faced
    in setting
    a standard
    is
    the
    problem
    of
    how
    much
    reliance
    to place
    upon
    a single
    industry’s
    testimony.
    Are
    the
    facts
    alleged
    true
    industry-wide
    or
    a problem
    unique
    to that
    plant
    with
    its
    own
    special
    equipment
    and processes?
    In this
    proceeding
    there
    appear
    five
    effluent
    standards
    which
    were
    set
    based
    wholly or
    partly
    on
    a single
    industry’s
    testimony.
    To
    examine
    each
    in detail
    would
    require
    too
    much
    in time
    and
    space,
    I
    will
    list
    the
    parameters
    here
    and
    ask
    that
    a revision
    to these
    standards
    investigate
    more
    fully the
    individual
    plant
    question.
    If a standard
    cannot
    he
    met,
    except
    by
    unreasonable
    costs,
    at
    an individual
    plant,
    then
    a variance
    is
    the
    mechanism
    to use.
    And
    this
    variance
    could
    well
    he
    a perpetual
    variance,
    renewed
    from
    year
    to year
    until
    the
    plant
    has
    been
    retired.
    This
    procedure
    has
    the
    advantage
    of
    ensuring
    that
    new plants
    will
    be
    built
    to
    the tighter
    (and also
    feasible)
    standard,
    The
    arsenic
    standard
    of
    0. 25
    mg/I.
    is
    based
    partly
    on
    the
    Abbott
    Laboratories
    testimony
    a~dis
    500
    of the
    drinking
    water
    standard.
    The
    copper
    standard
    of
    1. 0
    mg/l
    appears
    to have
    been
    based
    largely
    upon
    the
    Olin
    Corporation
    testimony.
    The
    Currie
    opinion
    (p.
    14) quotes
    Patterson
    as
    stating
    that
    0.
    1
    to
    0,
    3
    mg/I
    are
    achievable
    and
    Weston
    as
    stating
    that
    0.
    5
    mg/l
    can be
    reached
    for
    costs
    comparable
    for
    removal
    to other
    metals
    regulated
    by this
    proceeding.
    The
    fluoride
    standard
    of
    2.
    5
    mg/i
    is
    based
    to
    a large
    extent
    upon
    Olin
    Corporation
    testimony
    for
    its
    Joliet
    fertilizer
    plant.
    Both Weston
    and
    Dodge
    stated
    that
    1,0
    mg/I
    was
    readily
    achievable
    though
    Patterson.did
    not.
    The
    manganese
    standard
    of
    1. 0
    mg/i
    seems
    to
    be
    based
    entirely
    upon
    the
    Carus
    Chemical
    Company
    testimony.
    Patterson
    and
    Weston
    indi-
    cate
    that
    0. 05
    mg/i
    can
    be
    achieved
    but
    there
    is
    some
    doubt
    as
    to
    applica-
    bility
    of this
    standard
    to
    industrial
    wastewaters.
    The
    phenol
    standard
    of 0.
    3
    mg/i
    seems
    to
    be
    based
    entirely
    upon
    the
    Monsanto
    Corporation
    testimony.
    The
    drinking
    water
    supply
    standard
    is
    0.
    001
    mg/i
    and
    consequently
    a stream
    flow
    300
    times
    that
    of
    an
    effluent
    at the
    maximum
    phenol
    standard
    is
    required
    to
    achieve
    this
    use,
    Patterson
    and
    Minear
    in their
    report
    show
    that
    high
    phenol
    concentrations
    are
    attractive
    from
    an
    economic
    standpoint
    for
    recovery
    (p.
    197-200),
    Thus
    high levels
    phenols
    (
    500
    mg/i)
    can be
    dropped
    from
    consideration
    here
    since
    their
    treatment
    pays
    for
    itself,
    And
    intermediate
    levels
    (5-500
    mg/i)
    appear
    to
    cost
    about the
    same
    as
    sewage
    to treat
    (p.
    203-4)
    which
    (at
    10
    cents
    per
    1000
    3
    434

    gallons)
    we
    would
    agree
    is
    not
    an
    excessive
    cost.
    We
    are
    thus
    left
    with
    the
    consideration
    of the
    low levels
    of
    phenolic
    wastes
    (under
    5
    mg/i).
    And
    the
    Patterson
    evidence
    seems
    to
    indicate
    costs
    of
    from.
    4
    to
    15
    cents
    per
    1000
    gallons
    (Fig.
    6,
    p.
    211)
    depending
    upon
    the
    flow,
    These
    do
    not
    seem
    to
    be
    excessive
    costs
    even
    when
    added to the
    previous
    iO
    cents
    per
    1000
    gallons
    and
    seem
    greatly
    at
    variance
    with the
    Monsanto
    figure
    of
    $1. 25
    per
    1000
    gallons
    additional
    cost
    to
    reduce
    phenols
    from
    0.
    3
    mg/i
    to
    0,1
    mg/i,
    3.
    Effluent
    Standard
    Revision
    Needed
    Two
    major
    Federal
    documents
    will
    be
    issued
    in
    1972.
    The
    revision
    of the
    1962
    Public
    Health
    Service
    Drinking
    Water
    Standards
    is
    anticipated
    in June
    1972.
    This
    new
    edition,
    incorporating
    the
    latest
    findings
    on
    effects
    of pollutants
    in
    water,
    is
    .expected
    to include
    some
    parameters
    such
    as
    sodium,
    that
    have
    never
    before
    been
    listed.
    These
    effluent
    standards
    should
    be revised
    in light
    of this
    new
    information.
    Similarly,
    the
    1972
    updating
    of
    the
    1968
    Water
    Quality
    Criteria
    is
    expected
    from
    the
    Federal
    government
    in September
    1972,
    This
    document
    will
    in all
    probability,
    contain
    new
    parameters
    and
    new
    numerical
    levels,
    all
    of which
    should
    be
    considered
    in
    a revision
    to these
    effluent
    standards.
    The
    list
    of
    “Threshold
    Limit
    Values,
    which
    contains
    more
    than
    500
    pollutants,
    is
    revised
    annually
    by the
    American
    Conference
    of
    Governmental
    Industrial
    Hygienists.
    Annual
    revision
    of’
    all
    standards,
    whether
    effluent
    or
    water
    quality
    is
    a
    desirable
    goal.
    In
    this
    way
    the latest
    scientific
    knowledge
    is
    embodied
    into
    regulation.
    And
    plants
    which
    may
    be
    otherwise
    subject
    to
    costly
    retrofitting
    may
    be
    caught
    at
    the
    pre-design
    stage
    by
    frequent
    revisions.
    4.
    The
    ORSANCO
    Effluent
    Standards
    Illinois
    is
    a party
    to
    the
    Ohio
    River
    compact
    (ORSANCO)
    and is
    bound
    by the
    regulations
    issued
    by
    that
    body.
    Effluent
    standards
    have
    been promul-
    gated
    by
    ORSANCO
    which
    generally
    are
    tighter
    than
    those
    here
    enacted.
    While
    most
    of
    Illinois
    industry
    is
    not located
    along
    the
    Ohio
    River
    it
    is
    still
    a
    confusing
    situation
    to have
    two
    sets
    of
    effluent
    standards
    legally
    effective
    in the
    state.
    President
    Nixon’s
    Message
    on
    the
    Environment
    of February
    8,
    1971
    states
    I
    again
    propose
    that
    Federal-State
    water
    quality
    standards
    be
    revised
    to
    impose
    precise
    effluent
    3—435

    limitations
    on
    both
    industrial
    and
    municipal
    sources.
    If this
    power
    to
    set
    effluent
    standards,
    is
    given
    to
    the
    Federal
    government,
    then
    Illinois
    may be
    subjected
    to
    a third
    set
    of
    standards
    which
    will
    make
    simplification
    of
    standards
    all
    the
    more
    desirable.
    SUMMARY
    Effluent
    standards
    are
    a better
    tool
    for
    enforceñ~ent than
    are
    water
    quality
    standards.
    President
    Nixon’s
    Message
    on the
    Environment
    mentioned
    above
    puts
    it
    (Water
    quality
    standards)
    provide
    a poor
    basis
    for
    enforcement:
    without
    a precise
    effluent
    standard,
    it is
    often
    difficult
    to
    prove
    violations
    in
    court,
    So
    I
    am
    happy that
    this
    first
    set
    of
    State-wide
    effluent
    standards
    has
    been
    enacted.
    I hope
    the’ foregoing
    comments
    may he
    used
    in
    a
    forthcoming
    revision
    to make
    these
    standards
    an
    even better
    mechanism
    to
    clean
    up
    and protect
    our
    water
    environment.
    /
    .(~
    (~
    Jacob
    U.
    Dumelle
    I,
    Christan
    L.
    Moffett,
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    Board,
    hereby
    certify
    the
    above
    Supplemental
    Statement
    was
    submitted
    on
    the
    ____
    day
    of
    May,
    1972.
    ~
    ~:
    ~
    Christan
    L.
    Moffett,
    Cletk
    (7
    .
    Illinois
    Pollution
    Control
    Board
    3— 436

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