ADMINISTRATIVE LAW JUDGE ISSUES DECISION ON CHAMPION INTERNATIONAL'S CANTON, N.C. WASTEWATER PERMIT
ADMINISTRATIVE LAW JUDGE ISSUES DECISION
ON CHAMPION INTERNATIONAL'S CANTON, N.C. WASTEWATER PERMIT
ATLANTA, Feb. 18 /PRNewswire/ -- The U.S. Environmental Protection Agency, Region IV, has received the decision of Administrative Law Judge Thomas B. Yost concerning issues raised during an evidentiary hearing regarding Champion International's Canton, N.C. wastewater permit.
The decision by the judge rejects or dismisses all of the issues raised by Champion and the Dead Pigeon River Council in response to the National Pollutant Discharge Elimination System (NPDES) permit that EPA issued to Champion on Sept. 25, 1989.
EPA Regional Administrator Greer C. Tidwell said: "We are pleased that we are one step closer to having a fully approved permit that is protective of water quality in the Pigeon River. The permit contains strict limits and much progress in the cleanup of the river has been made since its issuance. We will continue to monitor water quality and ensure the permit requirements are met."
The following issues were presented for hearing by the Dead Pigeon River Council:
(1) Whether the effluent limits in the permit assure compliance with the Tennessee Water Quality Standard for color. This issue was rejected.
(2) Whether the compliance schedule for meeting the color limitations should be shortened and should contain more definite interim requirements. This issue had been resolved and was dismissed.
(3) Whether Champion has satisfied the requirements of the law to properly allow the use of the in-stream oxygen addition as a means of compliance with the biochemical oxygen demand and dissolved oxygen provisions. This issue was rejected.
(4) Whether EPA improperly failed to include a water-quality based effluent limit for total suspended solids. This issue was dismissed.
The following issues were presented for hearing by Champion:
(1) Whether the permit provisions for chlorine and effluent suspended solids minimization impose an unreasonable timetable and efforts duplicative of previously reported studies. This issue was withdrawn by Champion and formally rejected in the decision.
(2) Whether the color limitation is an unlawful and unreasonable interpretation of Tennessee's narrative water quality standards. This issue was rejected.
(3) Whether EPA Method 8290 for measurement of dioxin is a legal, scientifically valid and appropriate method for determining dioxin concentrations for regulatory purposes. This issue was voluntarily withdrawn by Champion and formally rejected in the decision.
(4) Whether the color limitation unlawfully imposes a Tennessee water quality standard which was never adopted, submitted, or approved. This issue was rejected.
(5) Whether the color limitation unlawfully imposes requirements more stringent than required by North Carolina water quality standards. This issue was struck by the court in its prehearing order.
The Feb. 12, 1992 decision can be appealed to the EPA administrator within 30 days.
/CONTACT: Charlis Thompson of the United States Environmental Protection Agency Region IV, 404-347-3004/ CO: United States Environmental Protection Agency; Champion International ST: North Carolina, Tennessee IN: SU: EXE
BR-TG -- AT007 -- 0079 02/18/92 15:34 EST