ILLINOIS POLLUTION CONTROL BOARD
November 15,
1979
ALLIED
CHEMICAL
CORPORATION,
Petitioner,
v.
)
PCB
79—149
ENVIRONMENTAL
PROTECTION
AGENCY,
)
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by Dr.
Satchell):
This matter comes before the Board upon a variance petition
filed by Allied Chemical Corporation on July 25,
1979 and amended
on August
9,
1979.
The Environmental Protection Agency (Agency)
filed a recommendation on October 30,
1979.
Petitioner requests
a variance for its Spivey Mine and Ninerva Mill in Hardin County,
Illinois from Rules
203(f)
and 402 of Chapter
3:
Water Pollution
(Chapter
3)
as applied to ammonia nitrogen.
The site in question
has been the subject of two previous Board variances, PCB 75—111
and
PCI3
77-203.
The requested variance for ammonia nitrogen
would be
a continuation of PCB 77-203.
For more detailed facts
than reported in this Opinion, reference should be made to Allied
Chemical Corporation v. EPA, PCB 77-203;
30 PCB 493
(June 22,
1978)
At the two subject sites Petitioner has fluorspar mining and
milling operations.
The Board had previously given Petitioner
one year variances concerning copper,
cyanide and ammonia nitrogen,
PCB 77-203.
During the year Petitioner has achieved compliance
for copper and cyanide.
Petitioner has explored several possi-
bilities with the ammonia nitrogen level and although the levels
of ammonia nitrogen have been reduced, compliance has not been
achieved.
During the past year Petitioner has explored the following
possibilities:
(a)
Alternative ammonium nitrate dynamite combinations
have been tested and found wanting;
(b)
Alternative animonium nitrate products for improved
packaging to reduce spillage and improve housekeeping
methods;
36—12 1
—2—
(c)
Alternative ammonium nitrate products to reduce
leaching from the hole and improve preignition
handling.
According to the Agency recommendation at the Spivey Mine
during the first nine months of 1979 the average effluent concen-
tration of ammonia nitrogen was
3.3 mg/l.
For the same period in
1978, the average ammonia nitrogen concentration was 5.3 mg/l..
At Minerva Mill the average concentration of ammonia nitrogen
in
the effluent for January through September, 1979 was 3.0 mg/i
whereas for the same period in 1978 it was 3.6 mg/i.
The Agency
recommends granting Petitioner a variance to encourage further
reductions
in ammonia nitrogen concentrations.
Petitioner has
requested the variance be granted with a 6.0 mg/i interim standard.
The Agency notes that the twelve month running average from Oct-
ober,
1978 througn September,
1979 was
3.7 rng/l for Spivey Mine
and 3.1 mg/i at the Minerva Mill.
The Agency recommends a 4.0
mg/l
interim standard on
a twelve month running average.
The
Agency also recommends quarterly progress reports.
The Board finds that Petitioner has been diligent in its
pursuit of a solution to the excess ammonia nitrogen problem.
Petitoner has made progress in reducing the concentration of its
effluent.To deny Petitioner
this variance would impose an arbi-
trary and unreasonable hardship.
Granting a variance will allow
Petitioner time to pursue
a final solution.
The Board will
grant the requested variance subject to the Agency’s recommended
conditions.
The 4.0 mg/l standard as
a twelve month running
average should be sufficient to allow Petitioner to continue
research.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
it is the Order of the Pollution Control Board that Allied
Chemical Corporation is granted a variance for its Spivey Mine
and Minerva Mill in Hardin County,
Illinois from Rules
203(f)
and 402 of Chapter
3:
Water Pollution as they apply to ammonia
nitrogen until June 21,
1983, subject to the following conditions:
1.
The concentration of ammonia nitrogen, based on a twelve
month running average, shall not exceed 4.0 mg/l.
36—12 2
—3—
2.
Petitioner shall submit quarterly reports to the Agency
describing its past efforts and future plans to achieve
compliance.
Unless otherwise notified by the Agency,
these reports should be addressed as follows:
Illinois
Environmental Protection Agency, Division of Water
Pollution Control, Variance Unit,
2200 Churchill Road,
Springfield, Illinois 62706.
3.
Within forty-five days of the date of this Order,
Petitioner shall execute and forward to the Illinois
Environmental Protection Agency, Variance Section,
2200 Churchill Road, Springfield, Illinois 62706,
a
Certificate of Acceptance and Agreement to be bound
to all terms and conditions of this variance.
This
forty-five day period shall be held in abeyance for
any period this matter is being appealed.
The form
of the Certificate
shall be as follows:
CERTIFICATION
I,
(We), _______________________,
having
read and fully understanding the Order in PCB 79—149,
hereby accept that Order and agree to be bound by all
of its terms and conditions.
SIGNED
___________________________
TITLE
_________________________
DATE
_____________________________
4.
The Agency, pursuant to Rule 914 of Chapter 3, shall
modify Allied Chemical Corporation’s NPDES permit
consistent with the conditions set forth
in this Order.
I,
Christan
L. Moffett, Clerk of the Illinois Pollution Control
Board, ~reby
certify the
bove Opinion and Order we
e adopted on
the
/Z~”
day
of
__________
1979
by
a
vote
of
—o
Q~a4~oui?~~rk
Illinois Polluti
ontrol Board
36—123