ILLINOIS POLLUTION CONTROL BOARD
April
7,
1988
IN THEMATTER
OF:
PROPOSED AMENDMENTS TO
)
R87—6
PHOSPHORUS EFFLUENT STANDARD,
35
ILL.
ADM. CODE 304.123
PROPOSED RULE.
FIRST NOTICE.
ORDER OF THE BOARD
(by J.
Anderson):
This matter comes before
the Board
on
a rulemaking petition
filed by the Illinois Environmental Protection Agency
(Agency)
on
March
20,
1987 for amendment of the effluent standards
for
phosphorus contained
in
35
Ill.
Adm.
Code 304.123.
The proposed amendments do not affect current rules
for
discharges into the Lake Michigan Basin.
The proposed amendments
would, however, establish an effluent standard of 1.0 mg/l
of
phosphorus
as
P
for any source which discharges
to lake or
reservoir with a surface area of 8.1 hectares
(20 acres)
or more,
or
to any tributary of such
a lake or reservoir within 40.25
kilometers
(25 miles)
of the point where the tributary enters the
lake or reservoir,
whose untreated waste load
is 2500 or more
population equivalents, and which does not utilize
a third—stage
lagoon
treatment system as specified
in Sections 304.120(a)
and
Cc).
The proposed amendments would affect
21 wastewater treatment
plants which discharge
into Crab Orchard
Lake,
Pistakee Lake,
Lake Charleston, Lake
Shelbyville and Lake Carlisle.
On July 13,
1987, the Agency amended
its proposal
to exclude discharges
into
Lake Decatur
from
the effluent phosphorus limitation on the
grounds
that the exclusion would then be consistent with the
Agency’s proposal
in the R83—20 Sangamon River
Basin proceeding,
which was established pursuant
to an Agency proposal
for review
of all discharge parameters
in
the Sangamon River
Basin.
(The
Agency has since moved
to withdraw the R83—20 proposal).
Merit hearings were held on this proposal
on May
18 and July
21,
1987.
On March
31,
1988,
the Department of
Energy and
Natural Resources
(DENR)
filed with the Board
its “Economic
Analysis
of Proposed Amendments To Water Pollution Regulations
Phosphorus Discharges R87—6”
(Blaser,
Zeni and Co.,
March
25,
1988).
If the Board’s
fiscal
resources permit,
the Board would
prefer
to schedule the two required economic
impact hearings
concerning
this proposal before this fiscal
year ends on June
30,
1988.
88—209
—1—
On January
21,
1988,
the Board adopted
Resolution 88—1,
which outlined various procedures
which
the Board would begin
to
utilize
in order
to expedite
the rulemaking process.
One of
these
procedures
is
for
the Board
to send
a regulatory proposal
to
First Notice before ruling
on
the merits of the proposal.
The
Board finds that
it
is appropriate
to utilize
that procedure
in
this proceeding.
As
a
result,
the Board hereby adopts the proposal set
forth
below
for First Notice and directs the Hearing Officer
to cause
the publication of the proposal
in the Illinois Register.
This
action
is
in no way to be construed as
the Board’s substantive
position with regard
to this matter.
Consistent with RES 88—1,
the Hearing Officer
is
to
establish deadlines
for
the submittal o~questions and comments
to DENR
in advance of hearing
and
for
th~
pre—filing
of testimony
and exhibits by anyone who wishes to testify at hearing.
Those
who do not prefile such materials will
be
able to present
testimony to
the extent that time permits.
The Board believes that
these procedures
will
accelerate the
rulemaking process and
at the same time provide continued
opportunity
for public participation.
ORDER
The Board directs that the following proposed amendments be
submitted
for First Notice publication
in the Illinois Register.
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
Preamble
304.102
Dilution
304.103
Background Concentrations
304.104
Averaging
304.105
Violation of Water Quality Standards
304.106
Offensive Discharges
304.120
Deoxygenating Wastes
304.121
Bacteria
304.122
Nitrogen
(STORET number
00610)
304.123
Phosphorus
(STORET number 00665)
304.124
Additional Contaminants
88— 210
—3—
304.125
pH
304.126
Mercury
304.14()
Delays in Upgrading
304.141
NPDES Effluent Standards
304.142
New Source Performance Standards
(repealed)
SUBPART
B:
SITE SPECIFIC RULES AND EXCEPTIONS
NOT OF GENERAL APPLICABILITY
Section
304.201
Calumet Treatment Plant Cyanide Discharges
304.202
Chlor—alkali Mercury Discharges
in St.
Clair County
304.203
Copper Discharges by Olin Corporation
304.204
Schoenberger Creek:
Groundwater Discharges
304.205
John Deere
Foundry Discharges
304.206
Alton Water Company Treatment Plant Discharges
304.207
Galesburg Sanitary District Deoxygenating Wastes
Discharges
304.208
City of Lockport Treatment Plant Discharges
304.209
Wood River
Station Total Suspended Solids
Discharges
304.212
Sanitary District of Decatur Discharges
304.213
Union Oil Refinery Ammonia Discharge
304.214
Mobil
Oil Refinery Ammonia Discharge
SUBPART C:
TEMPORARY EFFLUENT STANDARDS
Section
304.301
Exception
for Ammonia Nitrogen Water Quality
Violations
Appendix A
References
to Previous Rules
AUTHORITY:
Implementing Section 13
and authorized by Section
27
of the Environmental Protection Act (Ill.
Rev.
Stat.
1981,
ch.
111—1/2, pars 1013 and 1027)
SOURCE:
Filed with the Secretary of State January
1,
1978;
amended
at
2
Ill.
Reg.
30,
p.
343, effective July 27,
1978;
amended at
2 Ill.
Reg.
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.
Reg.
563,
effective December
24,
1981;
codified at
6
Ill.
Reg.
7818,
amended
at
6 Ill.
Reg.
11161, effective September
7,
1982;
amended
at
6 Ill.
Reg.
13750 effective October
26,
1982;
amended
at
7
Ill.
Reg.
3020, effective March
4,
1983;
amended at
7
Ill.
Reg.
8111,
effective June
23,
1983; amended
at
7
Ill.
Reg.
14515,
effective October
14,
1983;
amended at
7
Ill.
Reg.
14910,
effective November
14,
1983;
amended
at
8
Ill.
Reg.
1600,
effective January
18, 1984;
amended at
8
Ill.
Reg.
3687,
88—211
—4—
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—13 at
11
Ill.
Req.
7291,
effective April
3,
1987;
amended
in R86—l7(A)
at
11
Ill.
Req.
14748, effective August
24,
1987;
amended
in R84—l6
at
12
Ill.
Req.
2445, effective January
15,
1988;
amended
in R87—6
at
______
Ill.
Req.
______
effective
________________
Section 304.123
Phosphorus
(STORET number 00665)
a)
No effluent discharge within the Lake
Michigan Basin
shall
contain more
than 1.0 mg/i
of phosphorus
as
P.
~
Ne ef
~
~fOffl
ai~y
aett~eewh4~hd4sehat~esw~
~he
Fo~R~vefBas~ abe~eaad 4~e4u~~P4s~a3~~ee
i~eI~eead
w~ese
t~~ea~ed
waste
~ead
4s
~SG~
Of
~efe
pep a~e~
e~er~s
sha~ eei~a4t’imere
~ia~
~-9
~
phepho~s ~s P~
e+
Me e ~1tte~ f~e~iat~yeet~feewh~eh
se~a~es~e a ‘ake
ei~~ese~ve±f w4k~a s~faee a~ea
ef
B~
~a
-~2~
aefes-~
Of
i~e~ee~~.eany ~
~c
s~eh
a
~ake
Of
feae~fve4~
and
w~ese
~ea~ed
w~s~e4ead
-~
~&~9
et”
met’e
pep
a~4en
e4e~en~s sha~Ieen~a-~n
ffiOfC
then
~
~/-1 e?
pèep~eft~as P-
d-~
No
t~en~
~
any so~ee w~eh d~se~a~e~o
a ~ake et~
~e~efvo±-t’
w4~ a
s~t’-faee
etea
e-f
8~-~
ha ~9
aetes-~ot
~ofe wh4e~does ne~eet~p-~yw4~hSee~4en39~-~95e~~o
any
~
~o st~eha fake
Of
fese1~ve4~
and
whe~e
~ea~ed
wes~e-‘ead 4s ~
o~
fflOf~ pept~a~4on
ea~en~s
and wh-4eh -~sne~~evet’ned ~y Se~-~ons
44~+a+
Of
304
-?e-~s~a~eon~-a4n~e~e than 1~-0
m~4 of p~esphef~sas P-
b)
No effluent
from any source which discharges
to
a lake
or reservoir with
a surface
area of 8.1 hectares
(20
acres)
or more,
or
to any tributary of
such
a lake
or
reservoir within
10.25 kilometers
(25 miles)
of
the
point where
the tributary enters the lake
or
reservoir,
whose untreated waste
load
is
2500
or more population
equivalents, and which does not utilize
a ~hird—stag~
lagoon treatment system as specified
in
Sections
304.120(a)
3nd
(C),
shall exceed 1.0 mg/l
of phosphorus
as
P.
e-~
(c)
For the purpose
of this Section
the
term “lake
or
reservoir”
shall not include low level pools constructed
in free flowing
streams or any body of water which
is
an
88—212
—5—
integral part of an operation which includes the
application of
sludge on land.
.?+
eo~~ee
w~h ~l~te~4ei~
of
~afe~faph
-(-e+ ~he~I
~e
ae1~eved
~y ~I~efe~ow4~g~a~es--
H-
New eeu~ees~aH
eemp~y
et~t ~he
effee~4ve
~a~e of
~th4~feg a~±o~y
en~
2+
Es~ng
so~ees sheI~Ieo~p~y~y Beeem~ef3H- ~9B~r
Of
s~eh
e~1~ef~e~e
~s
feg~4fe~
~y
NPBBS pefft~7
Of
~s of~efed~y ~he Beaf~tindef P~~e~
0-f
P~He
i~of ~I~e~
~
eo~p~4aneew~h khe
m4~a~efleof pafagfa~h~
~e eel~4eve~~y Beeem~e-~3~
~9~5y
&f
s~e~ie~hef
~a~e
~s
fe~e~ ~y NPBBS pem-±~-7
Of
as e~ee~ ~y ~te Bea~
~
P4~e ~
e~P4~e f4
of
~1’te
Ae~
d)
Compliance with the limitations of paragraph
(b)
shall
be achieved by the following dates:
1)
Sources with the present capability
to comply shall
do so on the effective date of this regulation
2)
All other
sources shall comply as required by NPDES
permit but
in no case later than July
1,
1988.
e)
Paragraph
(b)
shall not apply to effluent from any
source which discharges
to Lake Decatur
or its
tributaries.
(SOURCE:
Amended
at
_____
Ill.
Reg.
_______________
effective
_________________
IT IS SO ORDERED.
I,
Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certif
that the above Order was adopted
on
the
7ZZ
day of
______________,
1988,
by
a vote of
7-0
Ill
s Pollut
Control Board
88—213