PROPOSED RULES
Sewer Discharge Criteria
35 III. Adm. Code 307
Point Of Contact:Erin Conley
Pretreatment Programs
35 111. Adm. Code 310
Point Of Contact: Erin Conley
If you have any questions, you may contact the Administrative Code Division at
(217) 782 - 7017
.
JESSE WHITE
•
Secretary of State
08/11/2006
POLLUTION CONTROL BOARD
James R. Thompson Center 100 W. Randolph St., Ste 11-500
Dorothy Gunn
CHICAGO, IL
60601
Dear Dorothy Gunn
Your rules Listed below met our codification standards and have been published in
Volume 30, Issue 33 of the Illinois Register, dated
08/18/2006
.
NOTICES REQUIRED BY LAW TO BE PUBLISHED IN THE ILLINOIS REGISTER
Notice of Public Information Pursuant to 415 II-CS 5/28 .1(d)(3)
Ill. Adm. Code
Page 13934
Point Of Contact: Erin Conley
ORIGINAL
OFFICE OF THE SECRETARY OF STATE
Permits and General Provisions (Withdrawal of Proposed)
35 III. Adm. Code 201
Page 13933
Point Of Contact:Erin Conley
Page 13645
Page 13681
Index Department
- Administrative Code Division
- 111 East Monroe Springfield, IL 62756
RECEIVED
CLERK'S OFFICE
AUG 1
, 2006
STATE OF ILLINOIS
Pollution Control Board
4)
Statutory Authority
: 415 ILCS 5/7.2, 13, 13.3, and 27
5)
Complete Description of the Subjects and Issues Involved
: The following briefly
describes the subjects and issues involved in the docket R06-13 rulemaking of which the
amendments to Part 307 are a single segment . Also affected is 35 Ill. Adm. Code 310,
which is covered by a separate notice in this issue of the Illinois Register . A
comprehensive description is contained in the Board's opinion and order of August 4,
2006, proposing amendments in docket R06-13, which opinion and order is available
from the address below .
This proceeding updates the Illinois wastewater pretreatment rules to correspond with
amendments adopted by the United States Environmental Protection Agency (USEPA)
that appeared in the Federal Register during a single update period : July 1, 2005 through
December 31, 2005. The R06-13 docket amends rules in Parts 307 and 310. The
amendments to the two Parts are inter-related . The following table briefly summarizes
the federal actions in the update period
:
70 Fed. Reg. 59848 (October 13, 2005)
ILLINOIS REGISTER
1
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
06
1)
Heading of the Part: Sewer Discharge Criteria
2)
RECEIVED
CLERK'S OFFICE
Code Citation: 35 Ill. Adm. Code 307
AUG
1 ] 2006
3)
Section Numbers
:
Proposed Action :
307.1001
Amend
STATE OF ILLINOIS
307.1005
Amend
Pollution Control Board
307.1006
New Section
307.1101
Amend
307.2003
Amend
307.2400
Amend
307.2410
Amend
307.3001
Amend
307.3002
Amend
307.3121
Amend
307.3404
Amend
307.6503
Amend
307.6505
Amend
307.7401
Amend
NOTICE OF PROPOSED AMENDMENTS
USEPA adopted requirements for electronic filing of required documents, such as
permit applications and reports, under the various federal programs, including
federally authorized state programs . The Cross-Media Electronic Reporting Rule
(CROMERR) affects,
inter alia,
the wastewater pretreatment regulations
.
70 Fed. ReQ. 60134 (October 14, 2005)
USEPA adopted streamlining amendments to the general wastewater pretreatment
requirements. USEPA stated that the amendments were intended to make the
wastewater requirements more consistent with those applicable to direct
dischargers. USEPA intends that the amendments will decrease the regulatory
burden on industrial users without adverse effects on environmental protection
and that the amendments will allow a greater focus of oversight resources on
industrial users that have the greatest potential to affect POTW operations
.
70 Fed. ReQ. 73618 (December 13, 2005)
USEPA adopted amendments to the effluent guidelines and wastewater
pretreatment requirements applicable to sources in the Iron and Steel
Manufacturing Point Source category. USEPA stated that the amendments shift
the focus from the discharges from an individual outfall to the overall discharges
from all outfalls for a single source. USEPA called this the "water bubble"
concept. This may require adjustment of a particular pollutant either upward or
downward for any single outfall
.
Specifically, the amendments to Part 307 implement segments of the federal amendments
of December 13, 2005 . The amendments incorporate the federal amendments to the rules
applicable to the Iron and Steel Manufacturing Point Source category . The amendments
further add a provision that renders electronic filings under Part 307 subject to the federal
October 13, 2005 CROMERR .
Tables appear in the Board's opinion and order of August 4, 2006 in docket R06-13 that
list numerous corrections and amendments that are not based on current federal
amendments. The tables contain deviations from the literal text of the federal
amendments underlying these amendments, as well as corrections and clarifications that
the Board made in the base text involved . Persons interested in the details of those
corrections and amendments should refer to the August 4, 2006 opinion and order in
docket R06-13
.
Section 13.3 of the Environmental Protection Act [415 ILCS 5/13 .31 provides that
Section 5-35 of the Administrative Procedure Act [5 ILCS 100/5-35] does not apply to
ILLINOIS REGISTER
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POLLUTION CONTROL BOARD
06
NOTICE OF PROPOSED AMENDMENTS
this rulemaking. Because this rulemaking is not subject to Section 5-35 of the APA, it is
not subject to First Notice or to Second Notice review by the Joint Committee on
Administrative Rules (JCAR)
.
6)
Published studies or reports, and sources of underlying data, used to compose this
rulemaking
: None
7)
Will this rulemaking replace any emergency amendments currently in effect?
No
8)
Does this rulemaking contain an automatic repeal date? No
9)
Does this rulemaking contain incorporations by reference?
Yes. Part 307 sets forth the
body of the federally derived categorical pretreatment standards . This Part accomplishes
this in large part by incorporation of the federal standards by reference . The present
amendments update incorporations by reference to include the pretreatment segments of
the December 13, 2005 federal amendments
:
The incorporation of 40 C .F.R. 420.16 at Section 307.3001; and
The incorporation of 40 C .F.R. 420.26 at Section 307 .3002
.
The Board has used this opportunity to add incorporations of federal provisions by
reference that were previously omitted
:
The incorporation of 40 C .F.R. 414.11 by reference at Section 307 .2410; and
The incorporation of 40 C .F.R. 464.02 by reference at Section 307 .7401 .
The Board has used this opportunity to correct three incorporations by reference :
The incorporation of 40 C.F.R. 421.131 by reference to 40 C.F.R. 421.231 at
Section 307.3121 ;
The incorporation of 40 C.F.R. 424.11 by reference to 40 C .F.R. 424.41 at Section
307.3404; and
The incorporation of 40 C .F.R. 455.46 by reference to 40 C .F.R. 455.47 at Section
307.6503; and
ILLINOIS REGISTER
3
POLLUTION CONTROL BOARD
06
NOTICE OF PROPOSED AMENDMENTS
The incorporation of 40 C .F.R. 455.56 by reference to 40 C .F.R. 455.57 at Section
307.6505 .
Finally, the amendments further generally update the incorporations of segments of the
Code of Federal Regulations to the 2005 edition, which is the latest edition available, in
all open segments of the rules
.
10)
Are there any other amendments pending on this Part? No
11)
Statement of Statewide Policy Objectives : These proposed amendments do not create or
enlarge a state mandate, as defined in Section 3(b) of the State Mandates Act. [30 ILCS
805/3(b) (2002)]
.
12)
Time, Place and Manner in which interested persons may comment on this proposed
rulemaking
: The Board will accept written public comment on this proposal for a period
of 45 days after the date of this publication . Comments should reference docket R06-13
and be addressed to :
Ms. Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center, Suite 11-500
100 W. Randolph St.
Chicago, IL 60601
Please direct inquiries to the following person and reference docket R06-13
:
Michael J. McCambridge
Staff Attorney
Illinois Pollution Control Board
100 W. Randolph 11-500
Chicago, IL 60601
Phone: 312-814-6924
E-mail: mccambm@ipcb.state .il.us
Request copies of the Board's opinion and order at 312-814-3620, or download a copy
from the Board's Website at http
: \\www.ipcb.state .il.us
.
13)
Initial Regulatory Flexibility Analysis :
ILLINOIS REGISTER
4
POLLUTION CONTROL BOARD
06
NOTICE OF PROPOSED AMENDMENTS
A)
Types of small businesses, small municipalities, and not-for-profit corporations
affected
: This rulemaking may affect those small businesses, small
municipalities, and not-for-profit corporations disposing of industrial wastewaters
into the sewage collection system of a publicly owned treatment works
.
B)
Reporting, bookkeeping or other procedures required for compliance
: The
existing rules and proposed amendments require extensive reporting, bookkeeping
and other procedures, including the preparation of manifests and annual reports,
waste analyses and maintenance of operating records .
C)
Types of professional skills necessary for compliance
: Compliance with the
existing rules and proposed amendments may require the services of an attorney,
certified public accountant, chemist and registered professional engineer
.
14)
Regulatory agenda on which this rulemaking was summarized : December 2005
The full text of the Proposed Amendments begins on the next page :
ILLINOIS REGISTER
5
POLLUTION CONTROL BOARD
06
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
1)
Heading of the Part
: Pretreatment Programs
2)
Code citation
:
35 III. Adm. Code 310
3)
Section numbers :
310.106
310.107
310.110
310.111
310.112
310.202
310.210
310.211
310.220
310.221
310.222
310.230
310.232
310.233
310.301
310.303
310.320
310.510
310.511
310.601
310.602
310.605
310.610
310.611
310.612
310.613
310.621
310.631
310.632
310.633
310.634
310.636
310.637
310.705
Proposed action :
New Section
Amend
Amend
Amend
New Section
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
New Section
Repeal
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
New Section
New Section
Amend
RECEIVED
CLERK'S
OFFICE
AUG
I
:5 2006
STATE OF ILLINOIS
Pollution Control Soarri
RECEIVED
AUG
- 7 2006
SOS-CODE DIV .
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
310.711
Amend
310.801
Amend
310.912
Amend
4)
Statutory authority
:
415 ILCS 5/7.2, 13, 13 .3, and 27 .
5)
A complete description of the subjects and issues involved
:
The amendments to Part 310 are a single segment of the docket R06-13 rulemaking that
also affects 35 111. Adm. Code 307, which is covered by a separate notice in this issue of
the Illinois Register. To save space, a more detailed description of the subjects and issues
involved in the docket R06-13 rulemaking in this Illinois Register only in the answer to
question 5 in the Notice of Adopted Amendments for 35 III . Adm. Code 307. A
comprehensive description is contained in the Board's opinion and order of August 4,
2006, proposing amendments in docket R06-13, which opinion and order is available
from the address below .
Specifically, the amendments to Part 310 implement segments of the October 13, 2005
federal Cross-Media Electronic Reporting Rule (CROMERR) . The amendments also
incorporate the October 14, 2005 streamlining amendments to the general wastewater
pretreatment requirements
.
Tables appear in the Board's opinion and order of August 4, 2006 in docket R06-13 that
list numerous corrections and amendments that are not based on current federal
amendments. The tables contain deviations from the literal text of the federal
amendments underlying these amendments, as well as corrections and clarifications that
the Board made in the base text involved. Persons interested in the details of those
corrections and amendments should refer to the August 4, 2006 opinion and order in
docket R06-13
.
Section 13 .3 of the Environmental Protection Act [415 ILCS 5/13 .3] provides that
Section 5-35 of the Administrative Procedure Act [5 ILCS 100/5-35] does not apply to
this rulemaking. Because this rulemaking is not subject to Section 5-35 of the APA, it is
not subject to First Notice or to Second Notice review by the Joint Committee on
Administrative Rules (JCAR)
.
6)
Published studies or reports, and sources of underlying data, used to compose this
rulemaking
: None
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
7)
Will these proposed amendments replace emergency amendments currently in effect?
No .
8)
Does this rulemaking contain an automatic repeal date?
: No .
9)
Do these proposed amendments contain incorporations by reference?
Yes. Section 310 .107 is the centralized location of all documents incorporated by
reference for the purposes of Part 310. It is also the centralized location of all documents
incorporated by reference for the purposes of Part 307, except for the categorical
pretreatment standards of 40 C .F.R. 405 through 499. The categorical standards are the
only pretreatment standards incorporated by reference in appropriate segments of Part
307, rather than in Section 310.107
.
The present amendments make the following changes to the centralized incorporations by
reference in Section 310.107
:
The amendments add an incorporation of the USEPA document, "Confined Sewer
Overflow (CSO) Control Policy (1994)," by reference to accommodate the federal
amendments
;
The amendments add incorporations of segments of the federal CROMERR by
reference, as codified in 40 C .F.R. 3, to accommodate the federal amendments ;
The amendments include the incorporation of specific provisions of the federal
Clean Water Act by reference where only a general incorporation of the entire
Clean Water Act by reference existed in the past ;
The amendments correct the citation to the federal Resource Conservation and
Recovery Act to the specific provisions incorporated by reference ;
The amendments update the version of each federal statute or regulation
incorporated by reference to the latest edition available, including
a
Federal
Register citation to later amendments where necessary
;
The amendments standardize the format and add the title of each of the federal
regulations incorporated by reference ; and
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
The amendments add to each incorporation by reference a citation or citations to
the Illinois wastewater pretreatment rules for which the incorporation is made
.
10)
Are there any other amendments pending on this Part? No
.
11)
Statement of statewide policy objectives :
These proposed amendments do not create or enlarge a state mandate, as defined in
Section 3(b) of the State Mandates Act . [30 ILCS 805/3(b) (2002)] .
12)
Time, Place and manner in which interested persons may comment on this proposed
rulemaking
:
The Board will accept written public comment on this proposal for a period of 45 days
after the date of this publication. Comments should reference docket R06-13 and be
addressed to
:
Ms. Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center, Suite 11-500
100 W. Randolph St .
Chicago, IL 60601
Please direct inquiries to the following person and reference docket R06-13 :
Michael J. McCambridge
Staff Attorney
Illinois Pollution Control Board
100 W. Randolph 11-500
Chicago, IL 60601
Phone: 312-814-6924
E-mail: mccambm@ipcb .state .il.us
Request copies of the Board's opinion and order at 312-814-3620, or download a copy
from the Board's Website at http :\\www.ipcb .state.il .us .
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
13)
Initial regulatory flexibility analysis
:
A)
Types of small businesses, small municipalities, and not-for-profit corporations
affected
:
This rulemaking may affect those small businesses, small municipalities, and not-
for-profit corporations disposing of industrial wastewaters into the sewage
collection system of a publicly owned treatment works
.
B)
Reporting, bookkeeping or other procedures required for compliance
:
The existing rules and proposed amendments require extensive reporting,
bookkeeping and other procedures, including the preparation of manifests and
annual reports, waste analyses and maintenance of operating records
.
C)
Types of professional skills necessary for compliance :
Compliance with the existing rules and proposed amendments may require the
services of an attorney, certified public accountant, chemist and registered
professional engineer
.
14)
Regulatory agenda on which this rulemaking was summarized :
December 30, 2005, at 29111. Reg. 21103, 21125
The full text of the proposed amendments begins on the next page
:
