PCB 91
    -
    17
    (Permit Appeal)
    JAN
    2
    81991
    STATE
    OF
    LLft4(~”
    L~~BON~L~
    NOTICE OF FILING
    Ms. Dorothy M. Gunn,
    Clerk
    Illinois Pollution Control
    Board
    100 West Randolph Street
    Suite 11—500
    Chicago,
    IL 60601
    Bernard Killian, Director
    Illinois Environmental Protection
    Agency
    2200 Churchill Road
    P.O. Box 19276
    Springfield,
    IL 62794
    PLEASE TAKE NOTICE that on Monday, January 28,
    1991, we
    filed the attached Petition to Amend Permit Appeal with the
    Clerk of the Illinois Pollution Control Board,
    a copy of which
    is herewith served upon you.
    Richard
    J. Kissel
    Lisa Marie Anderson
    GARDNER, CARTON & DOUGLAS
    321 North Clark Street
    Suite 3100
    Chicago,
    Illinois
    60610—4795
    (312)
    644—3000
    Respectfully submitted,
    BF GOODRICH CORPORATION
    P~t ~
    BEFORE THE POLLUTION CONTROL BOARD
    OB
    THE STATE OF ILLINOIS
    BF GOODRICH CORPORATION,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    1411a
    JAN
    281991
    BEFORE THE POLLUTION CONTROL BOARD
    THE STATE OF ILLINOIS
    P~aUTION
    t~ONTROLBOARD
    BF GOODRICH CORPORATION,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 91
    -
    17
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    PETITION TO AMEND PERMIT APPEAL
    Petitioner,
    BF Goodrich Corporation,
    (“BF Goodrich”),
    by
    its attorneys,
    Gardner, Carton & Douglas, hereby petitions the
    Illinois Pollution Control Board
    (the “Board”),
    to amend its
    permit appeal
    in this matter.
    In support thereof,
    BF Goodrich
    states
    as follows:
    1.
    On Thursday, January 24,
    1991,
    BF Goodrich filed
    its
    Permit Appeal
    in this matter.
    Additional
    information has been
    discovered which prompts BF Goodrich to seek to amend that
    permit appeal
    to include the language in paragraphs 2—5 below.
    Load and Concentration Effluent Limitations
    2.
    On pages 2-5 of the permit,
    the Agency has included
    load or mass
    limitations for each of the chemical parameters
    outlined in the OCPSF regulations promulgated by the U.S. EPA.
    40 C.F.R. Section 414.90
    ~j
    ~g.
    BF Goodrich understands that
    the specific chemicals require regulation but believes that the
    duplicative limitations are unnecessary and that the
    calculations
    are erroneous.
    3.
    Essentially,
    the federal regulations require:
    Any point source subject
    to this subpart must
    achieve discharges not exceeding the quantity
    (mass) determined by multiplying the process
    wastewater flow subject to this subpart times
    concentrations in the following table.
    40 C.F.R.
    Section 414.90.
    It is clearly the intent of the regulations, and moreover,
    is
    expressly stated in the regulations,
    that the discharger must
    achieve compliance by not exceeding the “quantity (mass)
    limits.”
    The regulations clearly did not intend
    to, nor do
    they require,
    a discharger
    to comply with concentration
    limitations.
    The concentrations provided are to be used to
    calculate the mass effluent limitations and were not intended
    to be
    a limitation or standard themselves.
    BF Goodrich ques-
    tions whether the concentration effluent limitations might be
    better characterized as concentration reference values for pur-
    poses
    of reference and calculation only.
    4.
    As the regulations clearly intended the limitations to
    be mass
    and not concentration based,
    it
    is duplicative and un-
    necessary to
    require BF Goodrich to comply with two effluent
    limitations.
    While BF Goodrich recognizes that it
    is generally
    within the Agency’s discretion to include certain concentration
    limitations,
    the federal statute expressly intended only to
    require
    a mass effluent limitation for OCPSF chemicals.
    Therefore,
    the Agency’s inclusion of the concentration
    limitations
    is not necessary to accomplish the purposes of the
    Act.
    —2—
    5.
    Additionally,
    it appears that the Agency has
    calculated the daily average based on the monthly average flow
    amount.
    BF Goodrich believes that to do so ignores the daily
    flow variations and in turn could result
    in daily maximum load
    limitation excursions even when the concentration based
    limitations
    are being met.
    Thus, BF Goodrich believes that the
    calculations for the OCPSF load limits should correspond with
    the maximum daily flows and maximum thirty day average flow,
    respectively, rather than the average flow.
    WHEREFORE,
    BF Goodrich Corporation hereby requests that the
    Board amend BF Goodrich’s permit appeal and provide additional
    relief consistent with the language included in this petition.
    Respectfully submitted,
    BF GOODRICH CORPORATION
    Richa rd J.
    Kisse1
    Lisa Marie Anderson
    GARDNER, CARTON & DOUGLAS
    321 North Clark Street
    Suite 3100
    Chicago,
    Illinois
    60610—4795
    (312)
    644—3000
    141 la
    —3—
    CERTIFICATE OF SERVICE
    The undersigned, being
    sworn,
    states that copies of the
    attached Petition
    to Amend Permit Appeal, were filed with the
    Clerk of the Illinois Pollution Control Board,
    a copy of which
    is attached hereto and served upon you by U.S. Mail,
    on Monday,
    January 28,
    1991.
    __________-
    Subscribed and sworn to
    before me this 28th day
    of January,
    1991.
    Notary Public
    1411a
    ADA MARRERO
    ~
    NOTARY PUBLIC. STATE OF ILLINOS
    MY
    COMMISSION
    EXPIRES
    11/13/94

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