ILLINOIS POLLUTION COt~TROLBOARD
September 22, 1988
IN THE MATTER OF:
PRETREATMENT UPDATE
)
R88-18
(1/1/88 through 6/30/88)
)
PROPOSAL FOR PUBLIC COMMENT
PROPOSED OPINION OF
THE BOARD
(by J.
Marlin):
The Board
is
proposing to amend the pretreatment
regulations pursuant to
Section
13.3 of the Environmental
Protection Act
(Act).
The text of the
proposal
is
contained
in
a separate Order
of this same day.
Section
13.3 of the Act requires the Board
to adopt regulations which are
“identical
in
substance” with federal
regulations promulgated
by the United
States Environmental Protection Agency (USEPA)
to
implement the pretreatment
requirements of Sections 307 and 402 of
the Clean Water Act, which was
previously known
as the Federal Water
Pollution Control Act.
Section
13.3
provides that Title VII of
the Act and Sections
5 and 6.02 of
the
Administrative Procedure Act (APA)
do not apply
to identical
in
substance
regulations
adopted
to establish the pretreatment program.
However, Section
13.3 of the Act does require theBoard to provide
for notice and public
coninent before rules
are filed with the Secretary of State.
S.B. 1834 enacted
in the recent Session includes
a definition
of
“identical
in
substance.~’ This legislation
largely codifies the Board’s past
interpretation of its mandate under Section 13.3 of the Act.
This rulemaking updates the pretreatment rules
to
cover USEPA rules
adopted from January
1 through June 30,
1988
The following Federal Registers
are included:
53 Fed.
Reg. 1704
January 21, 1988
53 Fed.
Reg. 9176
March
21, 1988
The Agency filed
a public
conziient
in R88—1 which
included
a
list of
typographical
errors
in the rules
adopted
in R86—44.
The Board
has made this
coment
a
public
coniiient
in this Docket,
in order
to address errors
made
in
an
identical
in substance rulemaking
in
the same procedural
context.
The pretreatment rules
govern discharges by industrial
users
to publicly
owned
treatment works
(POTWs).
The rules are intended to
prevent industrial
discharges from passing through POTW treatment plants without adequate
treatment to waters
of
the State,
and to prevent
industrial discharges
from
interfering with the operation of
the treatment plant.
The Illinois pretreatment rules are contained
in
35
Ill.
Adm.
Code
307
and 310.
Part
307 includes the categorical
pretreatment standards, which are
incorporated
by
reference from the USEPA rules.
Part 310.specifies how
a POTW
~)2—6O3
-2-
sets up
a pretreatment program,
and how industrial
users get pretreatment
permits
or authorizations to discharge.
The Illinois pretreatment
rules were adopted
in R86—44, Opinion and Order
of the Board of December 3,
1987.
The rules
appeared on January
29,
1988 at
12 Iii. Reg. 2502.
They were filed with the Secretary of State
on January
13,
1988.
The pretreatment rules were amended
in the following update rulemaking:
R88—11
June 14, 1988;
12
Ill.
Reg. 13094, effective July 29,
1988.
The specific amendments derived from the USEPA actions
affect only the
categorical pretreatment standards reflected
in Part 307;
there
are no
amendments
to the program requirements
of Part 310.
The following
is
a
summary
of the amendments:
January
21
Modifications for the Primary Tungsten Subcategory.
March
21
Modifications for Leather Tanning Subcategory.
Both
of these represent minor modifications to
the USEPA rules resulting
from litigation.
The changes
are mainly updated incorporations by
reference.
Most of the changes
in the proposal
are corrections
of minor
typographical
errors which occurred
in
adoption of the rules
in R86-44.
Many
of these were pointed
out
by the Agency
in
its
public
comment
in R88-1,
as
discussed above.
DETAILED DISCUSSION
Section 307.1508
This Section corrects the spelling of 1’sherbet”, and corrects the
incorporation by
reference of 40 CFR 405.86.
“Sherbet”
is misspelled
in the
USEPA rule,
but the Board
has proposed to correct
it here~
The Board has not proposed to correct the spelling of
“buttermilk”
or
“butter
milk”
It
is unlikely that this would mislead
anyone.
Attempting to
correct minor typographical errors carries
a risk of making
a major error.
The
Board has noted many of the Agency’s suggestions,
and will
propose
to
correct them as
these Sections come
up
for
review.
In R86—44 the Board generally referenced the 1986 edition of the Code of
Federal Regulations.
The Board
has proposed
to update the
references
in
all
Sections
up
for review to the
1987 edition.
Section 307.1704
“Onto”
has been corrected to
read “into”.
Section 307.2101
“Contracted”
has been corrected to read “contacted”.
‘)2—60 4
—3-
Section 307.2903
“Of”
has been corrected to
read
“or”.
In Section 307.2904,
the Board
cannot find
the error.
In Section
307.3100, there
is
no rule which prohibits omission of subsection
labels.
Section 307.3100(b)
is
reserved for
a
reserved USEPA Section.
There
is
a rule
against placing
a “reserved”
in the subsection.
Section 307.3110
The pretreatment standards for primary tungsten manufacture were amended
at
53 Fed. Reg.
1711, January 21,
1988.
Section 307.3129
The spelling of
“tungsten”
has
been corrected,
and
an extra
“or”
dropped.
Several minor errors
noted by the Agency
in ensuing Sections have
been noted,
but no changes
proposed.
In Section 307.4301, the applicability
statement
is absent,
reflecting the unique structure of
40 CFR 433, which was
discussed
in R86-44.
Section 307.3500 et
seq.
Several
introductory
rules and pretreatment
standards relating to Leather
Tanning and Finishing were amended
at
53 Fed. Reg. 9181,
March
21, 1988.
Section 307.4004
The
Board
has
proposed to correct
a reference to
a USEPA rule
in this
Section.
Section 307.8100
This has
been corrected by insertion of
“alloys”. ~JheBo~ardhas
considered the Agency’s suggestions as
to rewording the
USEPA language and
grammer,
but declines to do
so,
since the USEPA language is understandable.
Section 310.107
The Board
has
proposed to update the references
to the Code of Federal
Regulations
to reflect the 1987 edition.
The
Board solicits comment
as
to
whether any of the remaining references
need updating.
Section 310.110
In R86—44 the Board adopted definitions of
“treatment works”,
“unit
of
local
government” and “POTW”.
The federal
text had
to
be changed,
in part to
accommodate constitutional
and statutory definitions
of
“unit of
local
government” and “municipality”, and
in part to avoid
relying on
a
reference to
a
federal
statutory definition.
In
crafting these definitions, the Board
inadvertently omitted the State of Illinois
as
an entity which
becomes
a POTW
when
it
operates
a treatment works
under
40 CFR 403.3(o).
The Board
has
92—605
proposed
to correct this
error.
The Board
addressed the similar definition of Section
iui.365
in R88—1.
As was discussed
in Scott Air Force Base
v.
IPCB,
PCB
88-69, August
10, 1988,
federal
facilities within
Illinois
are not
“POTW’s” within
the meaning of the
NPDES
program.
This appears
also to
be USEPA’s intent with respect
to
the
pretreatment
program.
The main effect
of this
is
that federal
facilities are
not required
to develop pretreatment programs.
In Section 310.311(a)
the Board
cannot find
the problems noted
by the
Agency.
The
forms
of reference between portions
of the Administrative Code
are mandated
1
Ill.
Adm. Code 100.370.
The remaining typographical errors
in
Part 310 have been noted,
and will
be
corrected
as
the Sections come up
for
review.
The text
of the proposal
is
contained
in
a separate Proposed Order.
The
Board will
accept
public comment
for
a
period of 45 days after the date of
publication
in the Illinois Register.
IT
IS
SO ORDERED.
I,
Dorothy
NI.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby
certify that the above Opinion was adopted
on
the~&d
day of
_____________
1988,
by
a vote of
7.y~
4~I~
~
.
Dorothy M.c~3unn,Clerk
Illinois Pollution Control
Board
92—606