ILLINOIS POLLUTION CONTROL BOARD
May
25, 1978
OHIO POWER COMPANY,
Petitioner,
vs.
)
PCB 78—95
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by
Dr. Satchell):
On March 27, 1978 Petitioner,
Ohio Power,
filed a petition
to seek an extension of the variance granted to Petitioner by
the Board in PCB 77-93,
26 PCB 69
(1977).
The Board hereby
incorporates the record of the PCB 77-93 proceeding herein.
Petitioner seeks variance from Rule 408(a)
of Chapter
3:
Water
Pollution Control until adoption by the Board of R77-10 or,
if such rule change is denied,
for a period extending one
year from such denial.
Petitioner operates a coal transfer terminal
(the Cook
Coal Terminal)
in Massac County,
Illinois,
Petitioner’s
facilities
at its Cook Coal Terminal constitute
a “waste water
source”
as defined
in Rule 104 of Chapter
3 and thus would be
required to meet the effluent standards of Rule 408(a)
of
Chapter
3.
On June
28, 1977 this Board granted Petitioner
a variance
from the total iron and total suspended solids limitations of
Rule 408 of Chapter
3 for one year or until conclusion of the
proceedings in R77~10whichever would occur first.
R77-lO
is
a rule change proposed by the Environmental Protection Agency
which
would
exemp
L
Petitioner’
s
Coal Tra
ris For
rp,~rIni1uI1
from
the
effluent
limiLations
of
ChapLer
3
and
would
subject
runoff
from
the
Terminal
instead
to
the
limitations
of
Chapter
4,
treating
the
Terminal
like
a
coal
storage
pile
located
at
a
mine.
The variance
is needed for surface runoff from the coal
storage area.
Under Federal Regulations adopted pursuant to
the Federal Water Pollution Control Act, Petitioner’s facility
is defined as
a
“coal preparation plant”
(40 CFR 434.ll(e)).
Therefore, Petitioner’s facility is required to apply the best
practicable control technology currently available
(BPT)
in
order to merit certain effluent limitations set by the
Administrator.
The BPT lirnitation~set
toi
Petitioner’s facility,
as given
in 40 CFR 434,22(b) a~eas
foil iws:
Effluent Limitations
(m9j1)
___
Effluent characteristic
Iiaxrmum for any 1 day
Average of daily
values for
30
consecutive days
shall not exceed
Iron, total
3.5
TSS
70,0
35.0
pH
Within the range
6
0 to
9
0
Petitioner holds NPDES P~ ut No.
1L0042773, which subjects
it to effluent limits for susp~ndedsolids of 15 mg/i and for iron
of
2 mg/i.
Petitioner alleges arbrtrary and unreasonable hardship if
forced to attain compliance with Rule 408 of Chapter
3, after
the expiration of its current variance on June 28,
1978, and
before the conclusion of the proceedings
in R77~lU, The Agency
agrees and recommends grant of the v~r~ancesubject to several
conditions.
The Board agrees thatrequLrng
oupliance with Chapter
3
after the current variance has iun bat bc~oreR77—lO has been
decided would cause Petitioner
an arbitrary and unreasonable
hardship.
The Board will grant the variance subject to con-
ditions until the R77-~l0proceeding ha~been terminated or,
if
such rule change is denied,
fo
a period of one year from such
denial;
however, such time shall not exsei
five years from the
date of this order.
The Boara will dire ~ the Agency to issue
a modified NPDES permit to Petitions
~istent with this order
pursuant to Rule 914 of Chapter
3.
This Opinion constiLutes
tr.~
Bodrd ~ tindings of fact
and conclusions of law in this matter
It is the order ot tue Pollution
I
~itxol Board that Ohio
Power Company shall be ~r~~nted a varlan e ~or its Cook Coal
Terminal
in Massac County,
~i~inoas
until the proceeding
in
R77—1O is terminated or,
it such rule change
is denied,
for a
period of one year from such denial; however,
such time shall
not exceed five years from the date of tn~aorder.
The
variance is subject to the rollowlng conditions:
1.
Discharge trom Petirioiier~s fat.
i~ity
not exceed
a concentration for suspended aolids of
35
mg/l
and for iron
of
3.~mg/~
30
~22
—3—
2.
Within
45
days
after
the
date
of the Board herein
the
Petitioner
shall
execute
and
forward
to
the
Illinois
Environmental
Protection
Agency,
Variance
Section,
2200
Churchill
Road,
Springfield,
Illinois
62706,
a
Certification
of
Acceptance
and
Agreement
to
be
bound
to
all
terms
and
conditions
of
the
variance.
This
45
day
period
shall
be
held
in
abeyance
for
any
period
during
which
this
matter
is
appealed.
The
form
of
said
Certification
shall be as follows:
CERTIFICATION
I
(We),
,
having read
and fully un~~andrn~heOrde~6TheIl1inois
Pollution Control Board in PCB 78-95 hereby accept said
Order and agree to be bound by all terms and conditions
thereof.
Title
Date
The Agency, pursuant to Rule 914 of Chapter
3,
shall modify
NPDES permit No. 1L0042773 consistent with the conditions
set
forth in this order including such interim effluent limitations
as may reasonably be achieved through thi~application of best
practicable operation and maintainance
~~tices
in the
existing facility.
I,
ChrisLari L. Moffett, Clerk of
the Illinois Pollution
Control Board, hereby cqr~ify the above Opinion and Order
were adopted on the
~,3”
day of
~,
1978
byavoteof
~
.
Christan L. Moffe~
lerk
Illinois Pollution
ontrol Board
30
—
323