ILLINOIS POLLUTION CONTROL
    bOARjJ
    October 9, 1975
    CHRYSLER CORPORATION,
    )
    Petitioner,
    v.
    )
    PCB
    75—341
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD (by Mr. Dumelle):
    The
    Motion to Appear As Counsel filed by Petitioner is
    granted.
    Petitioner is seeking to appeal a denial of an operating
    permit by Respondent and a redefinition of its point of discharge
    as “exiting to the Kishwaukee River rather than to the drainage
    ditch which has been designated as an ‘unnamed tributary~ of the
    Kishwaukee River”.
    Petitioner has twice been before the Board in regard to its
    effluent and the appropriate standards to be applied to its dis-
    charge. Because of this the Board feels that some guidance is
    needed to focus the parties on the correct issues which the
    Board can decide. In Chrysler Corporation v. EPA, PCB 74-366
    (October 17, 1974), the Board dismissed a petition for a variance
    from the National Pollutant Discharge Elimination System (NPDES)
    permit requirements because of a lack of jurisdiction until the
    State of Illinois had been delegated the authority to administer
    the NPDES permit program by the Administer of the U.S. Environmental
    Protection Agency (U.S. EPA).
    Subsequently, Petitioner filed a permit appeal and a request
    to redefine its points of discharge on December 12, 1974. A
    hearing was held. Three issues were presented in this case.
    First, whether Petitioner had filed for an Illinois permit pursuant
    to
    Rule
    952 of the Water Pollution Regulations (formerly Rule 902)
    We determined that Petitioner had not filed for a state permit
    (Chrysler Corporation v. EPA, PCB 74-466 (June 6, 1975)). In so
    holding, we rejected a claim that an application to the Army Corps
    of Engineers for a 1899 Refuse Act discharge permit, which by
    operation of Section 402(a) of the Federal Water Pollution Control
    Act (FWPCA) is deemed to be
    a~licaticn for an NPDES permit, did
    19
    6E~

    (2)
    not constitute an application for a state operating permit
    (supra at page 3).
    The second issue was whether the action of Respondent in
    drafting an NPDES permit for the U.S. EPA and a letter from
    Respondent to Petitioner dated November 6, 1973, amounted to
    a denial by Respondent of a prior approval of other limitations
    in a previous permit which would give cause for a permit appeal
    to the Board? We held that no permit was in existence that could
    have been the basis for a permit appeal (supra).
    The third issue was the request for a redefinition of
    Petitioner’s point of discharge. We held that:
    The Board agrees with the Agency that a permit appeal,
    even if a proper appeal, is not the type of case to
    seek such a change. For example, Petitioner has the
    regulatory amendment process to seek such a permanent
    change. Much of the testimony at the hearing dealt
    with
    the lack of necessity of meeting the 4-5 standard
    when the present quality of effluent adequately protects
    the tributary in Petitioner’s opinion. If Petitioner
    could demonstrate the required circumstances in a
    variance request, Petitioner could be granted a variance
    while it came into compliance with the requirements
    (supra at 4).
    Pursuant to our previous holding in PCB 74-466 we dismiss
    the request for a redefinition. In so holding, we find that a
    request for redefinition of stream would be a regulatory matter,
    inasmuch as the very term implies that the present classification
    is correct. This does not mean that Petitioner cannot challenge
    the denial of a permit application by the Respondent with respect
    to what standards are applicable to Petitioners discharge.
    Therefore remaining is the allegation that Respondent has
    improperly denied Petitioners application for an operating permit
    pursuant to Rule 952 of the Water Pollution Regulations.
    The Motion to Dismiss filed by Respondent is denied.
    Mr. HenSs dissents.
    IT IS SO ORDERED.
    I,
    Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereb certify the above Order was adopted on the
    ____
    day of
    _____________,
    1975 by a vote of
    J../
    lil~no~sPollution
    trol Board
    19
    66

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