ILLINOIS POLLUTION CONTROL
BOARD
December 20,
1990
ALLIED-SIGNAL INC.,
)
Petitioner,
)
v.
)
PCB 88—172
(Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD (by N. Nardulli):
This matter comes before the Board on a two separate motions
entitled
“Joint
Motion
for
Modification
of Variance”
filed
on
November
19,
1990
and November
28,
1990 by petitioner Allied-
Signal
Inc.
(Allied)
and
respondent
Illinois
Environmental
Protection Agency
(Agency).
By the November 19,
1990 motion, the parties seek to modify
conditions 2 and Sb of the Board’s order granting Allied a variance
from the arsenic effluent limitation set forth at 35 Ill. Adm. Code
304.124 until February
17,
1991.
The parties are not seeking an
extension of
the
termination date
of the
variance.
In their
motion,
the parties seek to extend the due—date for submittal of
an engineering evaluation of the treatability of hexafluoroarsenate
from November 17,
1990 as required by condition 2
of the variance
order to November 28, 1990.
This report was filed on November 28,
1990.
The Board accepts the filing of this report and the variance
condition is modified accordingly.
The parties also seek modification
of condition Sb of the
variance which provides:
If the LCSO of hexafluoroarsenate is less than
25
times higher than the LC5O of pentavalent
arsenic oxide as determined under
(a)
above,
petitioner shall perform a Phase II early life
stage
(28
days
post-hatch)
bioassay
of the
chronic
toxicity
and
bioaccumulations
potential
of
hexafluoroarsenate.
The
test
shall be performed as a single, combined test
of
both
the
chronic
and
bioaccumulative
effects
of
a
prepared
effluent
sample
on
minnows.
The prepared effluent sample should
be
made
up
of
concentrations
of
potassium
hexafluoroarsenate
and
pentavalent
arsenic
oxide
in
a ratio that is consistent with the
ratio
of hexafluoroarsenate and conventional
arsenic
forms
in the effluent from Allied’s
final
outfall
002.
These
samples
should
117—55
2
include one at the arsenic levels found in the
actual
effluent
002,
and
at
5
times
that
level, and one at 10 times that level.
The parties ask that condition 5b be modified to provide for
a
“seven day static test” rather than
a 28 day test and that Allied
be required to test concentrations of hexafluoroarsenate alone,
rather
than
testing
of
both
hexafluoroarsenate
and
more
conventional
arsenic
forms
in
the
same
ratio
as
found
in the
effluent in Allied’s facility.
The parties propose the following
modification to condition 5b:
If the LC5O of hexafluoroarsenate is less than
25 times higher than the LC5O of pentavalent
arsenic oxide
as determined under
(a)
above,
petitioner shall perform a Phase II seven day
static
test
of
chronic
toxicity
of
hexafluoroarsenate
to
minnows,
this
test
should be performed be evaluating the chronic
effects on minnows of hexafluoroarsenate at a
dilution series based on known acute toxicity
levels.
The
results
shall
be expressed as
Maximum
Acceptable
Toxicant
Concentration
(MACT)
*
The
Board
finds
that
the
“seven—day
static
test”
is
an
acceptable replacement to the 28-day test currently provided for
in the variance.
The Board notes that the correct terminology of
this test is a “seven—day static renewal test” because the toxicant
concentration is renewed each day of the test so that the fish are
exposed to the
same amount of toxicant over the seven—day test
period.
Regarding the proposed deletion of the bioaccumulative
test,
the Board believes that
such testing using the seven-day
static
renewal test would not be able to provide information on
bioaccuiaulative potential.
The record indicates that the chemical
nature of potassium hexafluoroarsenate is such that it is unlikely
to bioaccumulate and
is different from organic contaminants that
accumulate fatty tissue.
(R. 26-27.)
The Board believes that, in
lieu
of
testing,
the
bioaccumulation
potential
of
hexafluoroarsenate
should
be estimated by using the regression
equation
based
on
the
compound’s
octanol—water
partition
coefficient prescribed at 35111. Adm. Code 302.663(c).
Therefore,
condition Sb is modified as follows:
If the LC5O of hexafluoroarsenate is less than
25 times higher than the LC5O of pentavalent
arsenic oxide
as determined under
(a)
above,
petitioner shall perform a Phase
II bioassay
using
a seven—day static renewal test of the
chronic
toxicity
of
hexafluoroarsenate
to
minnows.
This
test should
be performed by
evaluating the chronic effects on minnows of
117—56
3
hexafluoroarsenate
using
a
dilution
series
based
on
final
effluent
concentrations
and
known
acute
toxicity
levels,
the
results
shall
be
expressed
as
Maximum
Acceptable
toxicant
Concentrations
(MACT).
The
bioaccumulation
potential
of
hexafluoroarsenate shall be estimated
by calculating the bioconcentration factor in
accordance with 35
Ill. Adm. Code 302.663 (c).
The Board now addresses the parties motion for modification
filed
November
28,
1990.
By
this
motion,
the
parties
seek
modification of condition
3 of the variance order requiring that
Allied submit its petition for an extension of variance no later
than October 20,
1990.
The parties seek to modify that condition
to extend the deadline for filing the petition for extension of
variance to and including December
31,
1990.
The parties state
that such an extension is needed to allow the Agency to review the
engineering evaluation report discussed above.
The Agency expects
to complete this review and provide guidance to Allied by December
21,
1990.
The requested extension will allow Allied ten days to
file its petition for extension if needed.
The Board
finds
that the parties have presented adequate
support for their request
for modification of the deadline for
filing any petition
for extension of
variance.
Condition
3
is
modified to allow Allied
to
file
its petition for extension of
variance no later than December 31,
1990.
Lastly,
the
Board
must
address
Allied’s
claim
that
its
engineering evaluation report is a trade secret under 35 Ill. Adin.
Code 120.201(a).
In accordance with 35 Ill.
Adin.
Code 120.203,
Allied submitted a limited waiver of statutory deadline.
The Board
is unsure as to what statutory deadline Allied is waiving since
this
is
a motion for modification to which no deadline applies.
The Board will proceed to treat Allied’s engineering evaluation
report as confidential in accordance with the procedures found at
35 Ill. Adm.
Code Part 120, Subpart C pending Allied’s submittal
of a statement of justification as set forth at 35 Ill. Adm. Code
120.202.
Allied is directed to file its statement of justification
with the Board no later than January
7,
1991.
IT IS SO ORDERED.
I, Dorothy N.
Gunn,
Clerk of the illinois Pollution Control
Board hereby ce tify that the above Order was adopted on the
cZO~
day of
________________
,
1990 by a vote of
7C
~
A.
~
Dorothy M.~unn, Clerk
Illinois Pollution Control Board
117—5 7