ILLINOIS POLLUTION CONTROL BOARD
May 11,
1989
IN THE MATTER OF:
)
AMENDMENT TO
35
ILL.
ADM.
CODE
)
R88—22
SECTION
304.301, EXCEPTION FOR
)
AMMONIA NITROGEN HATER QUALITY
)
VIOLATIONS
ADOPTED RULE.
FINAL ORDER.
OPINION AND ORDER OF THE BOARD
(by R.
C.
Flemal):
On July
11,
1988
the Illinois Environmental Protection
Agency
(“Agencyt’)
filed
a public comment
in
a separate
proceeding,
R88—l.
Therein
the Agency proposed that 35
Ill. Adm.
Code Section 304.301(d)
be amended
to extend
the termination date
for
the exception for ammonia water quality violations
from July
1,
1988
to July
1,
1991.
In the belief that the subject matter of
the Agency’s
proposal was more properly considered
in
a dedicated docket,
the
Board
in its Augu~t 18, 1988 Opinion and Order, docketed the
Agency’s proposal~within the instant proceeding and sent the
proposal
to first
notice.
In so doing,
the Board took no
position on the substantive merits of the Agency’s proposal
at
that time.
First notice publication occurred
in the Illinois
Register Vol.
12,
Issue
38, September
16,
1988,
pp.
14509—14514.
Hearings were held on October
27,
1988
in Springfield,
and
November
4,
1988
in DeKaib;
no members of
the public were
in
attendance.
Testimony was presented by the Agency, the Illinois
Department
of Energy and Natural Resources
(“DENR”),
and Mr.
James
L.
Daugherty
on behalf of the Thorn Creek Basin
Sanitary
District and the Illinois Association
of Sanitary Districts
(“IASD”).
Comments subsequent
to first notice publication were
received from the Agency,
DENR,
the Downers Grove Sanitary
District,
and Springfield Metro Sanitary District.
On December
5,
1988 DENR determined
that
a formal Economic
Impact Study was not required in this matter,
finding that the
economic
impact of the regulation would
be difficult
to measure
such
that
a formal
study would
not generate useful information.
1 The document wherein
the Agency’s proposal
is presented,
Public
Comment
4~3
of Board Docket R88—1, was incorporated into the
instant docket as
the Agency’s Proposal
at first notice.
99—109
—2—
The Economic and Technical Advisory Committee concurred
in this
determination on December
15,
1988.
On October
4,
1988,
the
Department
of Commerce and Community Affairs filed
its Impact
Analysis which indicated that there would be
no economic effect
on small businesses
from the proposed rulemaking.
On January
5,
1989,
the Board
adopted
the amendments
for
Second Notice with changes from the First Notice proposal
as
noted below.
Several typographical errors were subsequently
found
in
the January
5,
1989 Order and on January
19,
1989,
the
Board issued
a corrected Order
of the Board.
The amendments as
corrected were subsequently submitted
to the Joint Committee on
Administrative Rules
(“JCAR”) which issued
a certification of no
objection
to the amendments on May
9,
1989.
However, JCAR made
certain recommendations
for nonsubstantive changes similar
to
those recommendations made by the Illinois Administrative Code
Unit
to provide consistency for publication of the amendments
in
the Illinois Register.
The Board accepts
the recommended
changes,
and
today adopts the amendments
as proposed
at Second
Notice with these recommended changes.
JUSTIFICATION FOR AMENDMENT
The Agency
in its proposal provided
the following argument
for adoption of the amendments:
Paragraph
(b) provides an exemption for winter
(November thru March) water quality violations.
In
adopting this rule
in PCB R77—6,
the Board noted
that
“biologic
treatment of
domestic wastewater
is virtually
universally practiced...”
(Final Order dated June
22,
1978, page 9).
The Board continued
as follows
(page
10):
“The process
of nitrification, however,
is
temperature dependent;
the
rate of
nitrification decreases
as the temperature
decreases.
It is not cost—effective
to design
biological processes capable
of removing
ammonia nitrogen
to 1.5 mg/i from very cold
domestic wastewater.
In illinois,
facilities
treating domestic wastewater utilizing
the
types of biologic processes which yield
effluent concentrations of 1.5 mg/i during the
warm months are usually incapable
of
consistently reducing ammonia nitrogen
concentrations below 4.0 mg/i during cold
weather.,”
Since adoption,
it has been evident
that
these
sa:~ie
technological limitations remain relevant.
Biological
processes are still
the only cost—effective
and
99—110
—3—
environmentally acceptable means of ammonia nitrogen
reduction;
and the efficiency of these processes
is
s~i11greatly affected by cold temperatures.
Attachment
A
provides an analysis of the performance of
74
municipal wastewater
treatment facilities designed
for
nitrification
in Illinois.
Each facility represents
‘tstate—of—the art” nitrification and has a record of
good operation.
The overall performance of these
facilities falls within
the expected range.
It
is clear
that application of the most stringent effluent
standard, 1.5 mg/i, during
the winter months would
result
in unacceptably high violation rates on
a monthly
basis
for
these
facilities.
Water quality based permit
limits, however,
are established
as daily maxima, rather
than monthly averages.
The violation rate for
the
facilities
in Attachment A would be significantly higher
if
calculated on a daily maximum basis.
In addition,
nearly 300 other municipal sources are
regulated for
ammonia discharges.
Many of
these sources perform
significantly worse with regard
to ammonia
removal.
Typically this is due
to organic or
hydraulic
overloading or operational problems.
As
indicated
in
Attachment
B, many of
those 300
facilities are currently
designing
or constructing nitrification equipment.
Each
of
these facilities
is designed
in accordance with the
same stringent design standards as
the facilities
in
Attachment
A.
The Agency believes that the prudent
course of action would
be
to extend
the exception
for
winter months (Paragraph
b)
an additional
3 years.
This
will allow time
for completion and performance
evaluation of most of these
facilities.
At that time,
the Agency will be
in
a better position
to assess
the
need
for
a permanent rule change.
The Agency’s testimony at hearing basically reiterated
its
position as
stated
in
the proposal and quoted above.
The
comments
of
the Springfield
Metro Sanitary District,
the Downers
Grove Sanitary District and the testimony provided
by Thorn
Creek
Basin Sanitary District and the IASD are supportive
of
the
amendments,
emphasizing
the sensitivity of biological
2 Board
note:
Attachments A and
B,
as referenced
in
this quote,
refer
to attachments
to the Agency’s Proposal
in the instant
docket
(see
footnote
1).
Attachment A consists of
a two—page
tabulation of
ammonia, effluent concentrations
for various sewage
treatment plants
in Illinois.
Attachment
B consists of
a one—
page list of sewage treatment facilities
in Illinois which are
currently proposing nitrification of effluents.
The attachments
were later received into the record at hearing
as Agency Exhibits
2 and
3,
respectively.
99—111
—4—
nitrification processes and their slow recovery during
the winter
months.
Water Quality Impact
The Agency in response
to questioning at hearing submitted
data with its comments which indicates that the winter violation
rate
for ammonia was 0.29 percent from 1983 to the most recent
data available.
The Agency emphasizes that this information was
obtained from the ambient water quality monitoring network.
The
data
is therefore indicative
of background levels rather
than of
the water quality in the vicinity of
a point source discharger
(R.
at
18,
102; Agency Comment at
3).
Water quality data from
the vicinity of point source dischargers is not available.
However, DENR believes that “it
is likely
that such data would
show a low water quality violation rate” because,
as the Agency
testified, municipal effluents are usually near neutral
(DENR
comment at
2;
R.
at
18).
This follo’~sbecause
the un—ionized
ammonia standard
is the standard most likely to
be exceeded, and
at neutral conditions
relatively little of the ammonia exists
in
the un—ionized
form.
The Agency further testified that the data on point sources
is presently being gathered through the NPDES permitting system
and that the three year extension of the exemption would provide
time with which
to evaluate that information
(R.
at
103).
In
fact,
the Agency further
noted
its commitment
to review the
situation
as part of
its next triennial water quality standard
review to
be submitted to USEPA
(Id).
USEPA also indicated that
it concurs with “the proposed changes
to WQS
for ammonia—N”
(Agency Exh. 4).
DENR has also provided the Board with certain tables and
graphs which have aided
the Board
in
its analysis of the
potential for winter water
quality violations due
to ammonia.
In
its final analysis,
DENR concludes that “the water quality
impact
of continuing
the winter exception
is probably minimal since,
even with the exception
in place, very few water quality
violations are expected”
(DENR comments at
2).
Based on the record
in
this proceeding and
in light of the
low rate of water quality violations and the efforts which will
be made
to study the necessity
for
a future winter exemption,
the
Board believes
it
is
reasonable
to extend the exemption contained
in Section 304.301 for an additional three years, until July 1,
1991.
CHANGES
FROM FIRST NOTICE
The Board sent this proposal
to second notice with certain
changes which were made
in response to comments received
subsequent
to
first notice publication and
as discussed
at
99—112
—5—
hearing
(R.
at
88—89, Agency Comments
at 3).
The changes made
relate mainly to clarification of the rules
to better effectuate
the
intent as indicated
in the proposal.
The proposed language,
as published
for
first notice,
could
be read as possibly extending the exemption contained
in
subsection
(a)
of 304.301
in addition
to that contained in
subsection
(b)
of 304.301.
This was not the intention of
the
Agency
(Id).
Subsection
(a)
provided an exemption
for small
dischargers which allowed such small dischargers
to defer
ammonia
reduction projects
in order
to coordinate these efforts with
other planned
improvements.
The Agency now believes
that ample
time has been given
to
these
small dischargers and that the
ammonia water quality standard should now apply to both large and
small dischargers
(R.
at
10—li; Agency comment at
3).
At hearing
and
in its post—hearing comments,
the Agency
suggested
modification of
the language
as proposed
for
first notice to
include deletion of subsection
(a), with other nonsubstantive
modifications
to provide consistency with
the deletion.
The
Board concurred with the Agency’s suggestions
and incorporated
the changes into the proposal
at Second Notice.
99—113
—6—
ORDER
The Clerk of
the Pollution Control Board
is directed
to
submit the following
adopted rule to the Secretary of State
for
final notice.
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
C:
WATER POLLUTION
CHAPTER
I:
POLLUTION CONTROL BOARD
PART 304
EFFLUENT STANDARDS
SUBPART
A:
GENERAL EFFLUENT STANDARDS
Section
304. 101
304.102
304.103
304. 104
304.105
304.106
304.120
304.121
304.122
304.123
304. 124
304.125
304.126
304
.
140
304.141
304.142
Preamble
Dilution
Background Concentrations
Averaging
Violation of Water Quality Standards
Offensive Discharges
Deoxygenating Wastes
Bacteria
Nitrogen
(STORET number
00610)
Phosphorus
(STORET number
00665)
Additional Contaminants
pH
Mercury
Delays
in
Upgrading
(Repealed)
NPDES Effluent Standards
New Source Performance Standards
(Repealed)
SUBPART
B:
SITE SPECIFIC RULES AND EXCEPTIONS
NOT
OF GENERAL APPLICABILITY
Section
304. 201
304. 202
304. 203
304. 204
304.205
304. 206
304.207
304.208
304.209
304.210
304.212
304. 213
Wastewater Treatment Plant Discharges of the
Metropolitan Sanitary District of Greater Chicago
Chior—alkali Mercury Discharges in St.
Clair County
Copper Discharges by Olin Corporation
Schoenberger Creek: Groundwater Discharges
John Deere Foundry Discharges
Alton Water Company Treatment Plant Discharges
Galesburg Sanitary District Deoxygenating Wastes
Discharges
City of Lockport Treatment Plant Discharges
Wood
River
Station
Total
Suspended
Solid.~
Discharges
Alton
Wastewater
Treatment
Plant
Discharges
Sanitary District of Decatur Discharges
Union Oil Refinery Ammonia Discharge
99—114
—7—
304.214
Mobil Oil Refinery Ammonia Discharge
304.215
City of Tuscola Wastewater Treatment Facility
Discharges
304.216
Newton Station Suspended Solids Discharges
304.219
North Shore Sanitary District Phosphorus Discharges
304.220
East St.
Louis Treatment Facility, Illinois—
American Water Company
SUBPART
C:
TEMPORARY EFFLUENT STANDARDS
Section
304.301
Exception for Ammonia Nitrogen Water Quality
Violations
304.302
City of Joliet East Side Wastewater Treatment Plant
APPENDIX A
References to Previous Rules
AUTHORITY:
Implementing Section
13 and authorized
•by Section
27
of the Environmental Protection Act
(Ill.
Rev.
Stat.
1987,
ch.
111
1/2 pars.
1013 and 1027).
SOURCE:
Filed with the Secretary of State January
1,
1978;
amended
at
2 Iii.
Reg.
30,
p.
343, effective July
27,
1978;
amended
at
2 Ill.
Beg. 44,
p.
151, effective November
2,
1978;
amended
at
3
Ill.
Reg.
20,
p.
95, effective May
17, 1979;
amended
at
3
Ill.
Reg.
25,
p.
190, effective June
21,
1979;
amended
at
4
Ill.
Reg.
20,
p.
53, effective May 7,
1980;
amended
at
6 Ill.
Beg.
563,
effective December
24,
1981;
codified at
6
Ill. Beg.
7818; amended
at
6
Ill. Reg.
11161,
effective September
7,
1982;
amended at
6 Ill. Beg.
13750, effective October
26,
1982;
amended
at
7
Ill.
Beg.
3020,
effective March
4,
1983; amended at
7
Ill.
Beg.
8111,
effective June
23, 1983;
amended
at
7
111.
Beg.
14515,
effective October
14,
1983;
amended
at
7
Ill.
Reg.
14910,
effective November
14,
1983;
amended
at
8 Ill.
Beg.
1600,
effective January
18,
1984;
amended
at
8
Ill.
Beg.
3687,
effective March
14,
1984;
amended
at
8
Ill.
Reg.
8237, effective
June 8,
1984; amended
at
9 Ill.
Beg.
1379, effective January 21,
1985;
amended
at
9 Iii. Reg.
4510,
effective March
22,
1985;
peremptory amendment at
10
Ill. Beg. 456, effective December
23,
1985;
amended
at
11
Ill.
Beg.
3117, effective January 28, 1987;
amended
in R84—13
at
11
Ill.
Beg.
7291,
effective April
3,
1987;
amended
in R86—l7(A)
at
11
Ill.
Beg.
14748,
effective August
24,
1987;
amended
in R84—l6
at
12
Ill. Beg.
2445,
effective January
15,
1988;
amended
in R83—23
at
12
Ill. Beg.
8658, effective May
10,
1988;
amended
in R87—27 at 12
Ill.
Beg.
9905,
effective May
27,
1988; amended
in R82—7
at
12
Ill. Beg.
10712,
effective June
9,
1988; amended
in R85—29
at 12
Ill. Beg.
12064,
effective July
12,
1988;
amended
in
R87—22
at
12
Ill.
Beg.
13966,
effective
August
23,
1988; amended
in R86—3
at
12
Ill. Beg.
20126,
effective November
16,
1988; amended
in
R84—20
at
13
Ill.
Beg.
99—115
—8—
851, effective January
9,
1989;
amended
in R85—ll
at
13
Ill. Beg.
2060, effective February
6,
1989,
amended
in R88—i
at
13
Ill.
Reg.
5976,
effective April
18,
1989, amended
in R86—17(B)
at
13
Ill.
Beg.
______,
effective
_______________;
amended
in R88—22 at
13
Ill.
Reg.
_______,
effective
_____________________
SUBPART
C:
TEMPORARY EFFLUENT STANDARDS
Section 304.301
Exception for Ammonia Nitrogen Water Quality
Violations
a~
See?4eft
O4~O5
~
~te~app’y ~e
5 fl~A~n~?e~e
3~-~3~
?e~
~my
e~tie~
~fOM
~
se~t~ee~
exis~et~ieeon
~
~
~i5r~g
oi~tt~~e&ee~
~m~em4e 4nt~en~
~ooding no~exeee~~G~pet~n~pe~~y
~
no~
o~e~w~se
neeé~ng~p~ng
~e nteet ~e
~
~emen~ e~
~1’~4sep~e~
ba)
Section 304.105 shall not apply to See~on 35 Ill. Adm.
Code 302.212
for any source during the months of
November through March;
except that during
the months of
November through March no source ne~e~e~p~
undet~
pa~agfaph~
shall discharge an effluent containing a
concentration of ammonia nitrogen greater than 4.0 mg/i
if the discharge, alone or
in combination with other
discharges,
causes or contributes
to
a violation of ~
po~on o~See~en 35 Ill.
Adm. Code 302.212.
eb)
Compliance with the provisions of po’~8g1~ephsubsection
(ha)
shall
be achieved by March
31,
1979,
or such other
date as required by NPDES permit,
or
as ordered by the
Board
under Title VIII or Title
IX of the Environmental
Protection Act.
dc)
After
July
1, ~988l99l, the exemption provided
in this
sSection shall
terminate.
IT IS SO ORDERED.
I,
Dorothy
11.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on
the
//~1
day of
___________________,
1989, by a vote
of
~-p
.
Dorothy
M. ,dunn,
Clerk
Illinois
Pollution
Control
Board
99—116