ILLINOIS POLLUTION CONTROL BOARD
June
21,
1990
IN THE MATTER OF:
)
PROPOSED AMENDMENTS TO TITLE
)
R88-2l,
DOCKET B
35, SUBTITLE C (TOXICS CONTROL)
)
(Rulemaking)
ADOPTED RULE.
FINAL ORDER.
OPINION AND ORDER OF TRE BOARD
(by R.
C.
Flemal)
The Board by Order of December
6,
1989
created this Docket
in the R88—21 proceeding for the purpose of allowing further
consideration of certain adjuncts
to the overal. water
toxics
control regulations
as adopted
in Docket A of R88-2l
(See Final
Opinion and Order,
January
25,
:990).
The Board
today adopts the
Docket B
amendments as final, without change
from those
amendments as proposed at Second Notice.
First Notice of Docket
B was adopted by the Board
on
December
6,
1989; publication occurred at
13
Ill.
Reg.
20230
et
seq.
The Board received five public comments during the First
Notice period.
After consideration of
all the comments, the
Board proposed the amendments
for Second Notice on April
26,
1990.
The Board’s
responses to these comments are contained
in
the April
26, 1990 Second Notice Opinion and will not be repeated
here.
The amendments were then submitted to the Joint Committee
on Administrative Rules
(“JCAR”)
for Second Notice Review
pursuant
to the Administrative Procedure Act
(Ill.
Rev.
Stat.
1989 ch.
127, pars.
1001 et seq.)
(“APA”).
On June
5,
1990 JCAR
issued Certifications of No Objection to the proposed amendments,
and made no suggestions
for changes
to the proposed amendments.
The First Notice Docket
B
proposal considered amendments
to
seven different Sections
in
five separate Parts of
the Board’s
water pollution control
regulations.
At Second Notice the Board
elected
not
to proceed
to
final adoption with
the proposed
amendments
to Parts
303,
305,
309,
and certain of
the proposed
amendments
to
Part 302.
Inasmuch as the Board stands
by
the
analysis made
in the April
26 Opinion,
that analysis will also
not be
repeated here.
The Board notes that on June
8,
1990 one Board and one staff
member
received copies
of
a letter
to the Illinois Environmental
Protection Agency (“Agency”)
from the United States Environmental
Protection Agency (“USEPA”) concerning
the Docket B amendments.
The Board
is unsure whether USEPA understands
the purpose of
the
two 45—day notice periods established by the APA,
or
the
significance of
failure
to timely iie comments during
the first
notice period.
The purpose of
the
first notice period
is
to
require
the rule—proposing agency to consider all public
112—459
—2—
comments, and to allow it
to modify proposed rules
in
response.
Any issues pertaining to the merits of
the proposal
should have been raised during the first notice period.
Pursuant
to the APA, once the second notice period
is initiated
by JCAR’S~receipt of
a proposed rule
for second notice, the
proposed rule
is “frozen”:
once JCAR has notified an agency that
no objection will be issued for
rules,
the text
of
the rule
if
filed with the Secretary of State
for final publication must
be
the text as agreed upon with JCAR.
The rules cannot be modified
in any way except by initiation of
a new rulemaking proceeding
to
amend or repeal the rules;
any such new prcceedi.ng must comply
with the procedural requirements of the APA and the Act.
The record for comment
in this matter has been closed since
May 9,
1990,
the date of JCAR’s
receipt
of
the Board’s April
26,
1990
Second Notice proposal.
As noted,
JCAR considered and voted
to issue Certifications
of
No Objection concerning
these
rules
at
its June
5 meeting.
This was three days before USEPA’s
letter
was received by the Board.
Under these circumstances,
the Board
cannot consider USEPA’s untimely letter as
a public comment
in
this docket.
ORDER
The Board hereby adopts,
as final,
the following amendments
to be filed with the Secretary of State and published in the
Illinois Register.
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
C:
WATER POLLUTION
CHAPTER
I:
POLLUTION CONTROL BOARD
PART 302
WATER QUALITY STANDARDS
SUBPART
A:
GENERAL WATER QUALITY PROVISIONS
Section
302.100
Definitions
302.101
Scope and Applicability
302.102
Allowed Mixing, Mixing Zones and ZIDs
302.103
Stream Flows
302.104
Main River Temperatures
302.105
Nondegradation
SUBPART
B:
GENERAL USE WATER QUALITY STANDARDS
Section
302.201
Scope and Applicability
302.202
Purpose
302.203
Offensive Conditions
302.204
pH
112 -4
—3—
302.205
Phosphorus
302.206
Dissolved Oxygen
302.207
Radioactivity
302.208
Numeric Standards
for Chemical Constituents
302.209
Fecal Coliform
302.210
Other Toxic Substances
302.211
Temperature
302.212
Ammonia Nitrogen and Un—ionized
Armilonia
SUBPART
C:
PUBLIC AND FOOD PROCESSING WATER SUPPLY STANDARDS
Section
302.301
Scope and Applicability
302.302
Algicide Permits
302.303
Finished Water Standards
302.304
Chemical Constituents
302.305
Other Contaminants
302.306
Fecal Coliform
SUBPART
D:
SECONDARY CONTACT AND INDIGENOUS AQUATIC LIFE
STANDARDS
Section
302.401
Scope and Applicability
302.402
Purpose
302.403
Unnatural Sludge
302.404
pH
302.405
Dissolved Oxygen
302.406
Fecal Coliform (Repealed)
302.407
Chemical Constituents
302.408
Temperature
302.409
Cyanide
302.410
Substances Toxic to Aquatic Life
SUBPART
E:
LAKE MICHIGAN WATER QUALITY STANDARDS
Section
302.501
Scope and Applicability
302.502
Dissolved Oxygen
302.503
pH
302.504
Chemical Constituents
302.505
Fecal Coliform
302.506
Temperature
302.507
Existing Sources on January 1~ 1971
302.508
Sources under Construction But Not
in Operation
on January
1,
1971
302.509
Other Sources
SUBPART
F:
PROCEDURES FOR DETERMINING WATER QUALITY CRTERIA
Section
302.601
Scope and Applicability
302.603
Definitions
302.604
Mathematical Abbreviations
302.606
Data Requirements
112—461
—4—
302.612
Determining the Acute Aquatic Toxicity Criterion
for an Individual Substance
—
General Procedures
302.615
Determining the Acute Aquatic Toxicity Criterion
—
Toxicity Independent
off Water Chemistry
302.618
Determining the Acute Aquatic Toxicity Criterion
—
Toxicity Dependent on Water Chemistry
302.621
Determining the Acute Aquatic Toxicity Criterion
—
Procedures
for Combinations
of Substances
302.627
Determining the Chronic Aquatic Toxicity Criterion
for an Individual Substance
—
General Procedures
302.630
Determining
the Chronic Aquatic Toxicity Criterion
—
Procedure for Combination of Substances
302.633
The Wild and Domestic Animal Protection Criterion
302.642
The Human Threshold Criterion
302.645
Determining the Acceptable Daily Intake
302.648
Determining the Human Threshold Criterion
302.651
The Human Nonthreshold Criterion
302.654
Determining the Risk Associated Intake
302.657
Determining the Human Nonthreshold Criterion
302.658
Stream Flow for Application of Human Nonthreshold
Criterion
302.660
Bioconcentration Factor
302.663
Determination of Bioconcentration Factor
302.666
Utilizing the Bioconcentration Factor
302.669
Listing of
Derived Criteria
APPENDIX A
References
to Previous Rules
APPENDIX B
Sources of Codified Sections
AUTHORITY:
Implementing Section
13 and authorized
by
Section
27
of the Environmental Protection Act
(Ill.
Rev.
Stat.
1989,
oh.
111 1/2, pars.
1013 and 1027).
SOURCE:
Filed with the Secretary
of State January
1,
1978;
amended at
2
Ill.
Req.
44,
p.
151, effective November
2,
1978;
amended at
3
Ill. Rec.
20,
p.
95, effective May
17,
1979;
amended
at
3
Iii.
Req.
25,
p.
190,
effective June
21,
1979;
codified
at
6
Ill.
Req.
7818,
effective June
22,
1982;
amended at
6
Ill.
Req.
11161,
effective September
7,
1982;
amended at
6
Ill.
Req.
13750,
effective October
26,
1982;
amended at
8
Iii.
Req.
1629,
effective January
18,
1984; peremptory
amendments at
10
Ill. Req.
461,
effective December
23,
1985;
amended in R87—27
at
12
Ill.
Req.
9911,
effective May
27,
1988; amended
in R85—29
at
12
Ill.
Req.
12082,
effective July
11,
1988;
amended
in R88—l
at
13
Ill.
Req.
5998, effective April
18,
1989;
amended
in R88—2l(A)
at
14
Ill. Req.
2899,
effective February
13,
1990;
amended in R88—21(B)
at
______
Ill. Req.
_____________
effective
_____—____________
SUBPART
B:
GENERAL USE WATER QUALITY STANDARDS
112—462
—5—
Section 302.208
Numeric Standards
for Chemical Constituents
a)
The acute standard
(AS)
for the chemical constituents
listed
in subsection
(d)
shall not be exceeded at any
time except as provided
in subsection
(C)
b)
The chronic standard
(CS)
for the chemical constitutents
listed
in subsection
(d)
shall not be exceeded by the
arithmetic average of at
least
four consecutive samples
collected over any period
of at least
four days,
except
as provided
in subsection
(c).
The samples used
to
demonstrate compliance
or lack of compliance with a CS
must be collected
in a manner which assures an average
representative of the sampling period.
c)
In waters where mixing
is allowed pursuant
to Section
302.102,
the following apply:
1)
The AS shall not be exceeded
in any waters except
for those waters for which the Agency has approved
a ZID pursuant to Section 302.102;
2)
The CS shall
not be exceeded outside
of waters
in
which mixing
is allowed pursuant
to Section
302.102.
d)
STORET
AS
CS
Constituent
Number
(ug/L)
(ug/L)
Cadmium
(total)
01027
expA
+
Bln(H),
but not
to exceed
50
ug,/L, where
A
=
-2.918 and
Chromium
01032
(total
hexavalent)
Copper
(total)
B
=
1.128
Arsenic
(total)
01002
360
Chromium
(total)
trivalent)
190
+
Bln(H),
A
=
—3.490
=
0.7852
11
+
Bln(H),
A
=
1.561
=
0.8190
+
Bln(H),
A
=
—1.465
=
0.8545
expEA
where
and B
expA
;i
here
and B
expA
where
and B
16
+
Bln(H),
A
=
3.688
=
0.8190
+
Bln(H)~,
A
—1.464
=
0.9422
01033
expA
where
and B
01042
explA
where
and
B
112—463
—6—
Cyanide
00718
22
5.2
Lead
01051
expA
+
Bln(H),
Not Applied
(total)
but not to exceed
100 ug/L, where
A
=
—1.460 and
B
=
1.273
Mercury
71900
0.5
Not Applied
TRC
50060
19
11
where:
ug/L
=
microgram per liter,
expx
base
of natural logarithms
raised
to the x—power, and
ln(H)
=
natural logarithm of Hardness
(STORET
00900).
e)
Concentrations
of the following chemical constituents
shall
not be exceeded except
in waters for which mixing
is allowed pursuant to Section 302.102.
STORET
Constituent
Units
Number
Standard
Barium
(total)
mg/L
01007
5.0
Boron
(total)
mg/L
01022
1.0
Chloride
(total)
mg/L
00940
500.
Fluoride
mg/L
00951
1.4
Iron (dissolved)
Manganese
(total)
mQ/L
mq/L
01046
01055
1.0
1.0
Nickel
(total)
mq/L
01067
1.0
Phenols
mg/L
32730
0.1
Selenium
(total)
mg/L
01147
1.0
Silver
(total)
ug/L
01077
5.0
Sulfate
mq/L
00945
500.
Total Dissolved
mq/L
70300
1000.
Solids
Zinc
(total)
mg/L
01092
1.0
where:
mg/L
=
milligram per liter and
ug/L
=
microgram per liter
Source:
Amended at
Ill.
Req.
effective
________________
~22—464
—7—
Section 302.304
SUBPART
C:
PUBLIC AND FOOD PROCESSING
WATER SUPPLY STANDARDS
Chemical Constituents
The following levels
of chemical constituents shall not be
exceeded:
STORET
CONCENTRATION
CONSTITUENT
NUMBER
(mg/l)
Arsenic
(total)
Barium (total)
Cadmium
(total)
Chloride
Chromium
Iron
(dissolved)
Lead
(total)
Manganese (total)
Nitrate—Nitrogen
Oil (hexane—solubles
or equivalent)
Organics
Pesticides
Chlorinated Hydro-
carbon Insecticides
Aldrin
Chlordane
DDT
Dieldrin
Endrin
Heptachlor
Heptachlor Epoxide
Lindane
Methoxychlor
Toxaphene
Orqanophosphate
:nsecticides
Parathion
Chloro~henoxyHerbicides
2, 4-Dichlorophenoxy—
acetic acid
(2,4—D)
2— (2,4, 5—Tr ichloro—
phenoxy
) -propionic
acid
(2,4,5—Tp
or
Silvex)
Phenols
Selenium (total)
Sulphates
Total Dissolved Solids
01002
01007
01027
00940
01034
01046
r~ir~c.’
U
—
U
J J~
01055
00620
00550,
00556
or 00560
39330
39350
39370
39380
39390
39410
39420
39782
39480
39400
39540
39730
39760
32730
01147
00945
70300
0.05
1.0
0.010
250.
0.05
0.3
0.05
0.15
10.
0.1
0.001
0.003
0.05
0.001
0.0002
0.0001
0.0001
0.004
0.1
0.005
0.1
0.1
0.01
0.001
0.01
250.
500.
112—465
—8—
(Source:
Amended at
effective
)
Ill.
Req.
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
C:
t~ATERPOLLUTION
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
Wastewater Treatment Plant Discharges of the
Metropolitan Sanitary District of Greater Chicago
Chlor—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 Zockport Treatment Plant Discharges
Wood River Station Total Suspended Solids
Discharges
Alton Wastewater Treatment
Plant Discharges
Sanitary District
of Decatur Discharges
Union Oil Refinery Ammonia Discharge
Mobil Oil Refinery
Arnrrtonia
Discharge
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
304.214
112—466
—9—
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
304.221
Ringwood Drive Manufacturing Facility
in McHenry
County
304.222
Intermittent Discharge of TRC
SUBPART C:
TEMPORARY EFFLUENT STANDARDS
Sect ion
304.301
Exception for Ammonia Nitroqen 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.
1989,
ch.
111
1,72 pars.
1013 and 1027).
SOURCE:
Filed with the Secretary of State January
1,
1978;
amended at
2
Ill. Req.
30, p.
343, effective
uly
27,
1978;
amended at
2
Ill. Reg.
44,
p.
151, effective November
2,
1978;
amended at
3
Ill.
Req.
20,
p.
95, effective May 17,
1979;
amended
at
3
Ill.
Req.
25,
p.
190, effective June
21,
1979;
amended at
4
Ill. Reg.
20,
p.
53, effective May 7,
1980; amended
at
6
Ill.
Reg.
563, effective December
24,
1981; codified at
6
Ill.
Req.
7818; amended
at
6
Ill.
Req.
11161,
effective September
7,
1982;
amended at
6
Ill. Req.
13750, effective October
26,
1982; amended
at
7
Ill.
Reg.
3020,
effective March
4,
1983;
amended
at
7
Ill.
Req.
8111,
effective June
23,
1983;
amended at
7
Ill.
Req.
14515,
effective October
14,
1983; amended at
7
Ill. Req.
14910,
effective November
14,
1983; amended at
B
Ill.
Req.
1600,
effective January
18,
1984; amended at
8
Ill.
Req.
3687,
effective March
14,
1984; amended at
8
Ill.
Req.
8237,
effective
June
8,
1984; amended
at
9 ill.
Req.
1379, effective January 21,
1985;
amended at
9
Ill.
Req.
4510,
effective March
22,
1985;
peremptory amendment
at
10
Ill.
Req.
456, effective December
23,
1985;
amended at
11
Ill. Req.
3117,
effective January
28,
1987;
amended
in R84—l3 at
11
:11.
Rea.
7291, effective April
3,
1987;
amended in R86—l7(A)
at
11
Ill.
Req.
14738, effective Auqust
24,
1987; amended
in R84—l6
at
12
Ill.
Req.
2445,
effective January
15,
1988;
amended
in R83—23 at
12
Ill.
Req.
8658,
effective May
10,
1988;
amended
i
R87—27
at
12
Ill.
Req.
9905,
effective May
27,
1988;
amended
in R82—7
at
12
Ill.
Rec.
10712, effective June
9,
1988;
amended
in R85—29 at
12
Ill.
Req.
12064,
effective July
12,
1988;
amended
in R87—22
at
2
Ill.
Req.
13966, effective
August
23,
1988;
amended
in R86—3 at
12
ll.
Req.
20126,
effective November
16,
1988;
amended
in R84—20
at
13
Ill.
Req.
112—4 67
—10—
851,
effective January
9,
1989;
amended
in R85—ll at
13
Ill. Req.
2060,
effective February
6,
1989;
amended in R88-l at
13
Ill.
Req.
5976, effective April
18,
1989;
amended
in R86—17(B)
at
13
Ill.
Reg.
7754,
effective May
4,
1989, amended
in R88—22 at
13
Ill. Reg.
8880,
effective May 26,
1989;
amended
in R87—36 at
14
Ill. Req.
XXXXX, effective May 31,
1990; amended in R88—21(B)
at
____
111. Req.
___________
,
effective
_____________________
SUBPART
B:
SITE-SPECIFIC RULES AND
EXCEPTIONS NOT OF GENERAL APPLICABILITY
Section 304.222
Intermittent Discharge of TRC
The acute TRC water quality standard of
35 Ill. Adm.
Code 302.208
by operation of Section
304.105 shall
not apply to any discharge
which contains TRC solely as the result
of intermittent usage
for
antifoulinq purposes related
to the operation
of condensers and
cooling systems.
For the Durposes
of
this Section usage
of
chlorine or
related substances measureable as TRC shall
be deemed
to be
intermittent
if usage
is restricted
to
a maximum of two
hours per day per condenser
or cooling system unit.
Discharge
concentration of TRC averaged or composited over the discharge
period shall
not exceed 0.2 mg,/l
nor shall
the TRC concentration
exceed 0.5 mg/l
at any time.
(Source:
Added at
_________
Ill. Req.
_____
effective
_____________________
IT IS SO ORDERED
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board,
hereby certif,y that the a~cveOpinion and Order was
adopted on the
,-2/il~ day of
~
,
1990,
by a vote
of
7-~
//~.
Dorothy M. ~Inn,
Clerk
Illinois Pollution Control Board
112—463