212 South Second Street

Springfield, illinois

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Phoae 217-528-2092 Fax 217-523-5191

STATE OF IWNOiS

Pollution Control Board

November 28, 2000

Dorothy Gunn

Clerk ofthe illinois Pollution

Control Board

James R.

Thompson Center

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Chicago, IL’ 60601

RE: Comments

on the Revisions to the Antidegradation Rules

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The Illinois

Coal Association (ICA) submits the following comments on the Illinois

Environmental Protection Agency’s (IEPA’s) draft antidegradation rules distributed to the

Antidegradation Workgroup under cover dated June 14, 2000. The ICA is a trade association

formed to foster, promote and defend the interests

ofthe illinois

coal industry. Our members

operate coal

mines and preparation plants in the state ofillinois, and

could be affected by the

proposed amendments as permittees

under

the national Pollutant Discharge

Elimination

System

(NPDES).

The proposed rules would revise the

existing

antidegradation standard at

35

111. Adni.

Code 302.105,

establish

a new “Outstanding Resource Waters” catergory to

the

existing

designated uses

classification in 35

ill. Adm. Code 303.205, and establish procedures for JEPA’s

application ofthe antidegradation

standard in theNPDES and Clean

Water Act

Section

401

certification

programs.

The ICA incorporates its

earlier

comments on IEPA’s antidegradation rule draft, set forth

in the letter ofTaylor Pensoneau to Toby Frevert dated November

15,

1999.

In addition, the ICA

submits that NPDES permits issued under

35 ilL

Mm.

Code Subtitle I) should be exempt from

any requirement ofantidegradation demonstrations.

IEPA,

in implementing the Clean Water Act

in Illinois, historically

has recognized the need

for

special

provisions to regulate

coal mine

discharges under the NPDES program.

This

recognition has

led

to the adoption of

35111.

Adni. Code Parts 405

and

406, governing

coalnilne

NPDES permits and permits for disposal

ofcoat

mine waste.

35

III. Adm. Code 406.202 generally incorporates the Illinois water quality standards

Of35

Ill.

Adrn. Code Parts 302

and

303 into

Part

406,

and

prohibits discharges which would

cause

violations

ofthose standards.

35 111. Mm.

Code 406.203, however,

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“sets

forth procedures by which water quality-based permit conditions fortotal

dissolved solids, chloride,

sulfate, iron and

manganese may be established by the

Agency for coal mine discharges. These procedures apply instead of

Section

406.202 whenever a permit applicant elects to proceed under this Section. A

permittee

must comply

with

water quality-based

permit

conditions for

total

dissolved solids, chloride, sulfate, iron

and manganese established pursuant

to

this

Section instead of Section 406.202.”

35 111. Adm. Code 406.203(a). Since the

antidegradation rule

is contained

within Part

303

(currently and

as proposed), section 406.203(a) by its

own terms

exempts coal

mine

NPDES

permits issued

under

that section from any

antidegradation requirement in

Part

303

(except

as to

pollutants other

than

those listed in that section). To avoid confl~sion,the ICA

suggests that

proposed 35111. Mm. Code 303 .205 be made

consistent

with section 406.203(a) by the addition

of

language

to the proposed

antidegradationru1~specifically recognizing

this

exemption. Please

note

that

the ICA is not requesting a new exemption, but only

the explicit

recognition in the new

antidegradation

rule

ofan exemption which

already exists

by virtue of

the language in section

Additional comments on the draft include:

Section 302.105, b), B)

-

“existing

site” shouldbe eliminated to include

ftrture

discharges.

Section 302.105, d)

-

should add de

minimus

discharges to

this

list

with

de mini

mus

defined

as 20 percent ofthe unused loading capacity. Antidegradation analysis applied to de

minimus

or stormwater flows is nonproductive

and

diverts the state’s

resources

from areas

can provide a more significant

environmental

benefit.

Section 354.103, c)

-

statewide benefits should be added to

this

listin order to

recognize

benefits

that

extend beyond the local

community

to the rest ofthe state.

Section 106.943

-

affected

property and mineral owners should be provided, notice.

Absentee owners would not see notice provided in local newspapers. Because the designation

can affect property

rights and

property values,

individual notice

is

critical.

Thank

you for

this

opportunity to submit comments on the draft

rules.

S

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Pensoneau

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