ILLINOIS POLLUTION CONTROL BOARD

January

21, 1988

IN THE MATTER OF:

MISCELLANEOUS AMENDMENTS TO

)

 R88-l

 ILL. ADM. CODE

PROPOSED

AMENDMENTS:

REQUEST

FOR

PUBLIC

COMMENT

OPINION AND ORDER OF THE BOARD

 (by R.

Flemal):

From time to time the Board, as well as practitioners before

the Board, encounter aspects

 in the Board’s rules and regulations

which warrant correction, but which are not of the nature to

Justify the time and expense associated with conducting an

individual rulemaking

 to address each.

 The Board proposes today

to gather together these materials and address them within a

single proceeding.

In

 so doing, the Board borrows a page from

the Illinois General Assembly, which often addresses

 a group of

housekeeping matters

 in an “omnibus bill”.

 In this sense,

the

instant matter

 is meant to be the Board’s version of

 an omnibus

rulemaking.

At this stage,

 the Board invites comment on two aspects of

this proceeding:

 (1) merits of the example amendments identified

herein, and

(2)

 suggestions for and merits of additional

amendments suitable for inclusion

 in an omnibus rulemaking

 Proceeding.

 The comment period will extend until

 April

30,

 1988.

Based upon the responses

 it receives, the Board will gather

the appropriate amendments into a formal proposal(s)

 and proceed

thereafter with normal rulemaking

 steps.

 Inclusion of a

suggested amendment within the proposal will be based at the

minimum on

 (1) desirability of the amendment,

(2)

 likelihood that

the amendment will be non—contentious,

and

 (3) likelihood that

the amendment will not require an Economic Impact Statement.

The following consists of some examples which the Board

believes may be appropriate materials for inclusion in the

omnibus rulemaking.

SECTION 301.200:

 INTRODUCTION TO

DEFINITIONS, WATER POLLUTION

This proposed change would amend Section 301.200 by adding a

qualifying

clause

preceeding

the

existing

language,

thusly

85—337

—2—

t~se~

~iI~Except

otherwise

provided

within

individual Parts

 of this Chapter,

 the following terms

defined by Section 301.200 et seq.

 shall have the

meanings specified.

Over

time

various

definitions

have

been

added

the

water

pollution

regulations

Parts

other

than

Part

301.

some

cases

these

new

 definitions are possibly not consistent with the

definitions presented in Section 301.200

et.

 seq.

 This amendment

to 301.200

 is intended to specify that,

 should conflict arise,

the definition

 in the Part in question prevails.

 An example

where conflict might exist

 is provided by the definitions of

Publicly Owned Treatment Works

 found at 301.365 and in Part

310.

 Although this specific example

 is proposed to be rectified

as part of this omnibus rulemaking (see following),

 the Board

believes

that

advisable

adopt

the

proposed

301.200

amendment to forestall other possibly existing inconsistencies

and/or

 future inconsistencies.

SECTION 301.360:

 DEFINITION OF PUBLIC

AND FOOD PROCESSING ~JATERSUPPLY

This proposed change would delete the word “surface” from

the phrase “withdrawn from surface waters of the State”,

in

Section 301.360,

 as follows:

Public and Food Processing Water Supply: Any water use

in which water

 is withdrawn from si~tf~aeewaters of the

 State

 for human consumption

 or for processing of food

products intended for human consumption.

The affect would

 to be clarify that any water

 of the State

is

considered a public and food processing water supply if the water

is withdrawn for human consumption or

 for processing of food

products intended for human consumption.

The desirability of this change was brought out

 in testimony

received

 in hearings conducted in R86—8, A Plan for Protecting

Illinois Groundwater.

 There

 it was noted that the definition

found at 301.360 was a

 source of confusion,

 in that

 it allowed

a

reading that public and food processing water

 supply standards

are to apply only to surface waters,

 at the exclusion of

under9round waters.

 As was pointed out by the Board

 in its

Report

 in R86—8

 (In the Matter of:

 A Plan for Protecting

Illinois Groundwater, August 28,

 1986,

 Iv—2),

 such

 a reading

would clearly be inconsistent with Section 303.203.

 Section

303.203 specifically identifies that public and food processing

water supply standards apply to any underground waters which are

a present or potential source of water for public or food

processing supply:

85—338

Section 303.203

 Underground Waters

The underground waters

 of Illinois which are a present

or

 a potential source of water

 for public or food

processing supply shall meet the general use and

public and food processing water standards

 of Subparts

B and C, part

 302, except due

 to natural causes.

The reading that public and food processing water supply

standards do not apply

 to underground sources of water supply

is

also inconsistent with the expressed intention of the Board when

it adopted the water quality standards of Subtitle

C,

 including

Sections 301.360 and 303.203

 (then Rules

 104 and 207,

respectively).

 In particular,

 the Board noted that public and

food processing

 water supply standards are intended to “assure

that water

 is satisfactory wherever

it

is

 taken”

 (3 PCB 763,

emphasis added).

Deletion of the word

 ‘tsurface”

 from Section 301.360 would

make Section 301.360 consistent with 303.203 because “waters of

the State”,

 as defined within the Environmental Protection Act,

Section 3(oo),

 includes both surface and underground waters.

SECTION 301.365:

 DEFINITION OF

PUBLICLY OWNED TREATMENT WORKS

This proposed amendment would delete the existing definition

of Publicly Owned Treatment Works

 (“POTWs”)

 found at 301.365 and

replace

 it by reference to

 the definition found

 in Part 310,

thusly:

Publicly Owned Treatment Works:

A

 ea~me~we~s

ew~e~~y a m~ e4pa4~~y7sa~~a~ya~te~7eo~~ye~

a~a~e

e~~

 ageriey7 a~ w1~t~e~

 ~ea~e

 ~eme~~e a~

~

 wa~esee~ee~e~

 ~y a p~e~y ewi’~e~e~

fag

 a~e~sewer sy~em-~

~

 ~ea~me~

 wefks

a~ep~e~y ow~e~a~

 rtai~ee~~y bor~±a~es

e? p~~eage~e4esa~e~

~

 4~this ~e~er~

As defined

 in 35

 Ill.

 Adm. Code 310.

The Board in R86—44

 (In the Matter

 of: Pretreatment

Regulations, December

3,

 1987)

 adopted

 an extensive set of

regulations applicable to POTWs, now found in Part 310.

 This

action was initiated by

 a requirement

 for the State to adopt

regulations “identical

 in substance” with federal regulations

promulgated by the United States Environmental Protection

Agency.

 The new regulations include

 a definition

 of Publicly

Owned Treatment Works at Section 310.110.

 Although this new

definition

 is similar

to

 that also

 found at 301.365,

it

 is not

identical.

 To forestall possible conflict between the two

existing definitions,

 the Board believes that

it

 is advisable to

make the amendment as here proposed.

85—339

SECTION 301.415: DEFINITION OF TREATMENT WORKS

The proposed course of action and the rationale here are

identical to that proposed for

 th.e amendment to Section 301.365,

above.

 In particular,

it

 is proposed that 301.415 be amended as

follows:

Treatment Works:

 v~ua~y

eo

 ee~ve~ythese

eo~s~e~e~s

 ef ~ev~ees +exeep~sewefs7

at~

 exeep~

~

 ~ev~ees ~se~ fef the pfe~ea~men~

was~ewa~ef

~f±ef

~

 ~fe~ue~4oft~

~

ewrte~

feg~a~e~ea~mei~wOf4~3+~se~

?Of

ee~ee~4rtg7

pwflp±r~g7

~fea?~g7

 ~spes~g

was~ewa~efs

?Of

 the ~eeeve~y e? bypfo~e~s?fem

sue~was~ewathfAs defined

in

35

 Ill. Adm. Code 310.

REPEAL OF SECTION 304.140

Section 304.140 deals with

 the conditions under which delays

in upgrading

 of effluent discharges are allowable.

 The proposal

is

 to repeal

 the entirety of the Section,

or,

 in the alternative,

to replace

 it with

 a shortened version.

 Section 304.140 appears

to apply

 to actions and possible actions now entirely past, and

therefore may be surplusage.

 If so, removal of

it

 from the

regulations would be justified as

 a matter of clarity and

efficiency.

 However, the Board does request that interested

parties closely review this Section

 to ascertain whether

the

entirety of the rule

is

 indeed superfluous,

 and alternatively

whether some of

 it may be beneficially retained.

REPEAL OF SECTION 304.301

Section 304.301 deals with exceptions for ammonia nitrogen

water quality violations.

 All of the provisions of the Section

terminate after July 1,

 1988.

 Therefore,

 after that date

the

entire Section may become superfluous.

 The proposal

 is therefore

to initiate repealing of this Section now, such that

 at. some date

after July

1,

 1988, when the instant omnibus rulemaking is

completed,

 the surplusage may be removed from the regulations.

SECTION 305.102:

 REPORTING REQUIREMENTS

FOR PRETREAMENT WORKS

This proposed amendment would

 remove the references to

pretreatment works and operations found

 in existing Section

305.102,

 and add

 a new subsection pertaining

 to pretreatment

operations~

 The proposed changes are as follows:

85—340

—5—

a)

 Every person within this State operating a

pfe~fea~me~?

 wet~k~ytreatment works7 or

wastewater source shall submit operating reports

to the Agency.

 Such reports

 shall contain

information regarding

the

 quantity

 of influent

and of effluent discharged,

 or wastes bypassed

and

 of combined sewer overflows;

the

concentrations of those physical, chemical,

bacteriological

 and radiological parameters which

shall

 be specified by the Agency;

 and any

additional

 information the Agency may reasonably

require.

 This ~epof~±ng fequifemen~fef

pfe~efea~meft~

 wofks sha~?ten~yapp’y ~e thes

pfe~fee~men~

 wethe wh~e~

 W4sehafge ~e~e

U~8ft~57

as defined 4~r~

See~4:en5O~+

of

the

~WA7 ot~pe~ante

wh4eh may in~ef?efewith

the

 t~ea~men~

pfeeess7 4~e the feee±

 rtg ~ea~mert~ wefks

a~esub~ee~th ~egt~a~ens

 pfOffl~ga~ed

ur~defGee~en~

of

the

 ~ean

 Wathf Ae?

;~

s~-e~-

~

 e~seq7~~

 B4sebafge 15

 mere of

the

 ~o~a1 hydfae1~e

flew feee4ved by the

~e&emen~

 wefke~

 B4sebefge 15

ffl8f~

the

~o~al

b~eleg~ealleading feee4ved by the ~ea~men~

wefks

meas~fed by

5—day

b~eebem~eal

exyge~demand7

b)

 Every holder

of

 an NPDES Permit

 is required

to

comply with the monitoring,

 sampling, recording

and reporting requirements set forth

in

the

permit and this eChapter.

 Persons operating pretreatment works may be

Subject

 to reporting requirements specified

in

35

ill.

Adrn.

 Code 310.

The purpose of

 this proposed amendment is eliminate

duplication and possible inconsistencies between the reporting

requirements found

 at 305.102 and the new reporting requirements

found

 in Part 310,

 as adopted by

 the Board in R86—44

 (In the

Matter of: Pretreatment Regulations, December

3,

 1987).

SECTION 309.281:

 EFFECTIVE DATE OF

 PART 309

 (PERMITS),

 SUBPART

8

 (OThER PERMITS)

The present language

 in Section 309.281, which determines

the

 effective date of

 Subpart B, does not reference the calendar

85—34 1

—6—

date upon which Subpart

 B became effective.

 Rather, reference

is

to “the date of filing with the Secretary of State” and to “such

time as the Agency adopts criteria to administer the permit

program”.

 Thus,

 to identify the calendar date,

 an interested

party must go outside of the regulations, which

 is an unnecessary

inconvenience.

 Accordingly,

it

 is proposed to amend

 the Section

with the inclusion

 of the specific calendar dates

 in question,

as

follows:

a)

 The effective date of

th4s

 Subpart

 B shall be

the

date of f~l4ngwith

the

 Seefe~afyof S~a~een an

eme~geneybasis

is

March

7,

 1972.

b)

 Nothwithstanding

(a)

 above,

 Section 309.208

 shall

~eeeme effee~4~ea~s~eh~me

 as the Ageney

~de~s

 ef~ef±a~e ad

 is~e~

the

 pe~m±~

 ~~eg~am

eon~a4nedthefe~nbecame effective with adoption

 by the Agency of

35

 Ill.

 Adm. Code 391 on

December 14,

 1983.

SECTION 601.105:

 DEFINITION OF GROUND WATER

This proposed change would amend the definition of ground

water found

 at 601.105

 in the following manner:

“Ground Water means all nathfal ef af~f±eally

tn~fod~eedwa~e~s?et~ndhelew the gfoend s~r’feee7

e3~d~ngwa~ef?fem dt~g7df~lled7befed

wells7 ~n?~l~fa~en

 l~nes7and sp~~ngsunderground

water which occurs within the saturated zone and

geologic materials where the fluid pressure

 in the

pore space is equal

 to or greater

 than atmospheric

pressure.

The amendment is occasioned by testimony received by the

Board during hearings

 in R86—8,

 A Plan for Protecting IllinoiS

Groundwater, which noted

 the inconsistency between the existing

definition and other definitions of the same term.

 In response

the Board noted

(p.

 1—4):

The

...

 definition

 is not only inconsistent with

the

conventional definition of groundwater,

 but also

appears

 to be inconsistent with use and definitions

found elsewhere within Illinois statutes

 Ill.

 Rev.

Stat.

ch.

 1111/2, par.

1003

and

 the Board’s regulations

34

 Ill. Adm. Code 301.420.

 In particular, the

Section 601.105 definition appears to establish an

identity between “ground water”

 and “underground

water”,

 whereas conventional use considers groundwater

to be

 a subset of underground water

(R.

 at 1531).

Since these differences

 in definition appear to be the

85—342

—7—

source of some confusion, the Board will propose

to

amend these definitions

 in the earliest possible

regulatory proceeding.

The replacement definition proposed here

 is that definition

recently adopted by the Illinois General Assembly in the Illinois

Groundwater Protection Act, P.A. 85—863.

 Although the Board

realizes that there are several possible definitions of

groundwater, each of some individual merit,

 the Board believes

that utilization of this particular definition

 is preferable due

to the consistency

 it provides between statutes and the Board’s

regulations.

The Board also notes

 that throughout the Public Water

Supplies

(Subtitle

portion

 the Board’s rules and

regulations

the

term

 “ground water”

 is spelled as two words.

In

contrast, within the Environmental Protection Act and most other

state statutes, as well as elsewhere within the Board’s rules and

regulations,

the

spelling

the

commonly

encountered

form of

 a single word,

 “groundwater”.

 Given that both spellings

occur

 in technical literature,

 and that

it

commonly

understood

that there

 is no distinction between the two terms other than in

the spelling, the Board does

not

believe

that

changing

the

spelling within Subtitle F

 is justified.

ORDER

A comment period extending until April 30,

 1988, on the

Board’s proposed rulemaking,

 R88—l,

 is hereby opened.

IT IS SO ORDERED.

I, Dorothy M.

 Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby certify that

 the above

 inion and Order was

adopted on the

~/‘~-~

 day of

___________________,

 1988,

 by a

vote of

 7—O

/L~I

Dorothy M. Gunn,

 Clerk

Illinois Pollution Control Board

85—343