2

On September 16, 2008, the Board proposed for first notice the rule as proposed by

Springfield without comment on the merits of the proposal. The Board granted the motions to

waive the signature requirement and to expedite consideration of the petition. The rule was

published in the

Illinois Register

on October 10, 2008.

See

31 Ill. Reg. 16303 (Oct. 10, 2008).

On September 18, 2009, in accordance with Section 27(b) of the Act (415 ILCS 5/27(b)

(2006)), the Board requested that the Department of Commerce and Economic Opportunity

(DCEO) conduct an economic impact study for this rulemaking. The Board received no

response from DCEO. At the public hearing held on December 16, 2008 (Tr.2), the Board

solicited comments on DCEO’s decision not to conduct an economic impact study. No

comments were offered. Tr.2 at 5-6.

The Board has conducted two public hearings, on November 3 (Tr.1) and December 16,

2008 in Springfield. At the hearings Springfield presented numerous witnesses in support of the

proposal and the Agency presented testimony.

The Board received six public comments. Three public comments were received from

Springfield (PC 1, PC 3, and PC 5), and two from the Agency (PC2 and PC 6). The Board also

received a public comment from Prairie Rivers (PC 4).

On April 2, 2009, the Board adopted the rule for second notice. On April 7, 2009,

Springfield filed PC 7 with the Board asking for corrections to the river coordinates. The Board

included that comment when filing the rule with JCAR.

On May 19, 2009, JCAR issues a certificate of no objection to the rule. JCAR did make

suggestions to the Board that certain changes be made to the rule language in response to PC 7

and for other nonsubstantive changes.

RULE

The rule establishes an alternative water quality standard for boron from the point of

discharge at Outfall 007 from the District’s Spring Creek STP to the Sangamon River, to the

confluence with the Illinois River, and in the Illinois River 100 yards downstream from the

confluence with the Sangamon River. Section 302.208(g) (35 Ill. Adm. Code 302.208(g)) of the

Board’s water quality rules sets a general use boron water quality standard of 1.0 milligrams per

liter (mg/L) and Section 304.105 (35 Ill. Adm. Code 304.105)) of the Board’s rules provides that

the District’s discharge cannot violate that standard. The Board has not adopted an effluent

standard for boron; nor has the Agency imposed an effluent limit on the District’s discharge from

Outfall 7 in the District’s National Pollutant Discharge Elimination Permit (NPDES).

The site specific rule is necessary to enable the District to accept pretreated industrial

effluent from CWLP’s power plant. CWLP’s power plant effluent causes increased boron levels

in the effluent stream and is necessary to meet the power needs for the City and surrounding

communities. The site specific rule will allow CWLP to operate the power plants in compliance

with the NPDES permits and State and Federal air regulations.

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3

At second notice, the Board discussed in detail the comments and testimony from this

proceeding. After carefully reviewing all the information in the record, the Board found that the

site specific rule is economically feasible and technically reasonable. Further, the Board found

that the site specific rule will be protective of human health and the environment. Therefore, the

Board proceeded to second notice with the rule language as follows:

Section 303.446

Boron Water Quality Standard for segments of the

Sangamon River and the Illinois River

The general use water quality standard for boron set forth in 35 Ill. Adm. Code

302.208(g) shall not apply to segments of the Sangamon River and the Illinois

River (described below) that receive discharge from Outfall 007 of the Spring

Creek Sewage Treatment Plant located at 3017 North 8th Street, Springfield,

Illinois, owned by the Springfield Metro Sanitary District. Boron levels in those

river segments must meet the following water quality standards for boron:

a)

11.0 mg/L in the Sangamon River from Outfall 007 (Latitude: 39

º

51’

37.234” North, Longitude: 89

º

38’ 30.082” West) to 182 yards

downstream from the confluence of Spring Creek with the Sangamon

River (Latitude: 39

º

51’ 42.595” North, Longitude: 89

º

38’ 30.089” West);

b)

4.5 mg/L in the Sangamon River from 182 yards downstream of the

confluence of Spring Creek with the Sangamon River (Latitude: 39

º

51’

42.595” North, Longitude: 89

º

38’ 30.089” West) to the confluence of Salt

Creek with the Sangamon River (Latitude: 40

º

7’ 33.009” North,

Longitude: 89

º

49’ 40.224” West), a distance of 39.0 river miles;

c)

1.6 mg/L in the Sangamon River from the confluence of Salt Creek with

the Sangamon River (Latitude: 40

º

7’ 33.009” North, Longitude: 89

º

49’

40.224” West) to the confluence of the Sangamon River with the Illinois

River (Latitude: 40

º

7’ 33.009” North, Longitude: 89

º

49’ 40.224” West), a

distance of 36.1 river miles; and

d)

1.3 mg/L in the Illinois River from the confluence of the Illinois River

with the Sangamon River (Latitude: 40

º

7’ 33.009” North, Longitude: 89

º

49’ 40.224” West) to 100 yards downstream of the confluence of the

Illinois River with the Sangamon River (Latitude: 40

º

1’ 20.197” North,

Longitude: 90

º

26’ 3.205” West).

DISCUSSION

As previously discussed, the Board proceeded to first notice without commenting on the

rule proposal, but at second notice the Board evaluated the comments and testimony provided in

this rulemaking. As Prairie Rivers voiced opposition to the Board’s adopting the site specific

rule proposal from Springfield, the Board addressed each of the concerns raised by Prairie Rivers

in the second notice opinion and order.

See generally

Proposed Site Specific Rule For City Of

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4

Springfield, Illinois, Office Of Public Utilities, City Water, Light And Power and Springfield

Metro Sanitary District From 35 Ill. Adm. Code 302.208(g): New 35 Ill. Adm. Code 303.446,

R09-8 (Apr. 2, 2009). Specifically, Prairie Rivers raised concerns about the technical feasibility

of alternative technologies, such as dry ash conversion and the use of a brine concentrator.

Prairie Rivers also questioned whether there were economically reasonable alternatives to the

site-specific rule. And, Prairie Rivers questioned the environmental impact of the proposed rule.

On the issue of the technical feasibility of alternative technologies, the Board found that

of all the alternatives evaluated, Springfield pumping CWLP’s FGDS wastewater to the Spring

Creek STP is the only technologically feasible and economically reasonable alternative at this

time. Thus, a site specific standard is necessary to address the exceedence of the boron water

quality standard in the affected river segments. More, specifically, on the concerns raised by

Prairie Rivers regarding the economic reasonableness of the rule, the Board found that based on

the record before the Board, the site specific rule is economically reasonable.

The Board also addressed the issues raised by Prairie Rivers concerning the

environmental impact of the proposed rule. The Board noted that the testimony from both the

Agency and Springfield indicated that the toxicological impact of boron on the stream is not

significant. The Board also noted that Mr. Mosher, from IEPA, indicated that although one

stream segment is listed as impaired with boron listed as a cause, boron was incorrectly listed as

a cause for that impairment. Therefore, the Board found that the site specific rule will be

protective of the uses of the streams and will not negatively impact human health or the

environment.

The Board also noted that:

Regarding the ongoing review of boron toxicity by IEPA and INHS, as noted by

the Agency, the review is being done to support a revision of the state-wide

general use boron water quality standard. The results of the IEPA/INHS study is

expected to bolster the scientific justification for the revision of the general use

boron standard. If the IEPA/INHS study results in new boron toxicity

information that raises any concerns with the site specific standards or renders

such standards as moot, the Board expects the Agency to address those concerns

as a part of its proposal to revise the general use standards. The Board notes that

in the past, the Board has revised existing site specific rules to make them

consistent with the adopted revisions to the rule of general applicability.

See

Proposed New and Updated Rules for Measurement and Numerical Sound

Emissions Standards Amendments to 35 Ill. Adm. Code 901 and 910, (R03-9)

March 2, 2006. R09-10, slip op at 28.

The Board received one post-second notice comment from Springfield, which the Board

forwarded to JCAR. Springfield commented that the some of the stream coordinates in

subsections 303.446(c) and (d) were incorrect and that Springfield suspected that those mistakes

were merely errors in transcription. PC 7 at 3. The Board agrees that the errors were

inadvertent. Therefore, the Board agreed with the suggestions of JCAR and the Board will

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5

correct those errors at final notice. The Board also agrees to make nonsubstantive changes

suggested by JCAR.

CONCLUSION

The Board finds that the site specific rule is economically feasible and technically

reasonable. Further, the site specific rule will be protective of human health and the

environment. Therefore, the Board finds that proceeding to final notice with this rule is

appropriate.

ORDER

The Board directs the Clerk to cause the filing of the following rule for final notice with

the Secretary of State and for publication in the

Illinois Register

.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE C: WATER POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

PART 303

WATER USE DESIGNATIONS AND SITE-SPECIFIC WATER QUALITY STANDARDS

SUBPART A: GENERAL PROVISIONS

Section

303.100

Scope and Applicability

303.101

Multiple Designations

303.102

Rulemaking Required

SUBPART B: NONSPECIFIC WATER USE DESIGNATIONS

Section

303.200

Scope and Applicability

303.201

General Use Waters

303.202

Public and Food Processing Water Supplies

303.203

Underground Waters

303.204

Secondary Contact and Indigenous Aquatic Life Waters

303.205

Outstanding Resource Waters

303.206

List of Outstanding Resource Waters

SUBPART C: SPECIFIC USE DESIGNATIONS AND SITE

SPECIFIC WATER QUALITY STANDARDS

Section

303.300

Scope and Applicability

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6

303.301

Organization

303.311

Ohio River Temperature

303.312

Waters Receiving Fluorspar Mine Drainage

303.321

Wabash River Temperature

303.322

Unnamed Tributary of the Vermilion River

303.323

Sugar Creek and Its Unnamed Tributary

303.326

Unnamed Tributary of Salt Creek, Salt Creek, and Little Wabash River

303.331

Mississippi River North Temperature

303.341

Mississippi River North Central Temperature

303.351

Mississippi River South Central Temperature

303.352

Unnamed Tributary of Wood River Creek

303.353

Schoenberger Creek; Unnamed Tributary of Cahokia Canal

303.361

Mississippi River South Temperature

303.400

Bankline Disposal Along the Illinois Waterway/River

303.430

Unnamed Tributary to Dutch Creek

303.431

Long Point Slough and Its Unnamed Tributary

303.441

Secondary Contact Waters

303.442

Waters Not Designated for Public Water Supply

303.443

Lake Michigan Basin

303.444

Salt Creek, Higgins Creek, West Branch of the DuPage River, Des Plaines River

303.445

Total Dissolved Solids Water Quality Standard for the Lower Des Plaines River

303.446

Boron Water Quality Standard for Segments of the Sangamon River and the

Illinois River

SUBPART D: THERMAL DISCHARGES

Section

303.500

Scope and Applicability

303.502

Lake Sangchris Thermal Discharges

303.APPENDIX A

References to Previous Rules

303.APPENDIX B

Sources of Codified Sections

AUTHORITY: Implementing Section 13 and authorized by Sections 11(b) and 27 of the

Environmental Protection Act [415 ILCS 5/13, 11(b) and 27].

SOURCE: Filed with the Secretary of State January 1, 1978; amended at 2 Ill. Reg. 27, p. 221,

effective July 5, 1978; amended at 3 Ill. Reg. 20, p. 95, effective May 17, 1979; amended at 5 Ill.

Reg. 11592, effective October 19, 1981; codified at 6 Ill. Reg. 7818; amended at 6 Ill. Reg.

11161, effective September 7, 1982; amended at 7 Ill. Reg. 8111, effective June 23, 1983;

amended in R87-27 at 12 Ill. Reg. 9917, effective May 27, 1988; amended in R87-2 at 13 Ill.

Reg. 15649, effective September 22, 1989; amended in R87-36 at 14 Ill. Reg. 9460, effective

May 31, 1990; amended in R86-14 at 14 Ill. Reg. 20724, effective December 18, 1990; amended

in R89-14(C) at 16 Ill. Reg. 14684, effective September 10, 1992; amended in R92-17 at 18 Ill.

Reg. 2981, effective February 14, 1994; amended in R91-23 at 18 Ill. Reg. 13457, effective

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7

August 19, 1994; amended in R93-13 at 19 Ill. Reg. 1310, effective January 30, 1995; amended

in R95-14 at 20 Ill. Reg. 3534, effective February 8, 1996; amended in R97-25 at 22 Ill. Reg.

1403, effective December 24, 1997; amended in R01-13 at 26 Ill. Reg. 3517, effective February

22, 2002; amended in R03-11 at 28 Ill. Reg. 3071, effective February 4, 2004; amended in R06-

24 at 31 Ill. Reg. 4440, effective February 27, 2007; amended in R09-8 at ____ Ill. Reg. ______,

effective _______________.

SUBPART C: SPECIFIC USE DESIGNATIONS AND SITE SPECIFIC WATER QUALITY

STANDARDS

Section 303.446

Boron Water Quality Standard for Segments of the Sangamon River and

the Illinois River

The general use water quality standard for boron set forth in 35 Ill. Adm. Code 302.208(g) shall

not apply to segments of the Sangamon River and the Illinois River (described below) that

receive discharge from Outfall 007 of the Spring Creek Sewage Treatment Plant located at 3017

North 8th Street, Springfield, Illinois, owned by the Springfield Metro Sanitary District. Boron

levels in those river segments must meet the following water quality standards for boron:

a)

11.0 mg/L in the Sangamon River from Outfall 007 (Latitude: 39

º

51’ 37.234” North,

Longitude: 89

º

38’ 30.082” West) to 182 yards downstream from the confluence of

Spring Creek with the Sangamon River (Latitude: 39

º

51’ 42.595” North, Longitude: 89

º

38’ 30.089” West);

b)

4.5 mg/L in the Sangamon River from 182 yards downstream of the confluence of Spring

Creek with the Sangamon River (Latitude: 39

º

51’ 42.595” North, Longitude: 89

º

38’

30.089” West) to the confluence of Salt Creek with the Sangamon River (Latitude: 40

º

7’

33.009” North, Longitude: 89

º

49’ 40.224” West), a distance of 39.0 river miles;

c)

1.6 mg/L in the Sangamon River from the confluence of Salt Creek with the Sangamon

River (Latitude: 40

º

7’ 33.009” North, Longitude: 89

º

49’ 40.224” West) to the

confluence of the Sangamon River with the Illinois River (Latitude: 40

º

1’ 20.995” North,

Longitude: 90

º

25’ 59.451” West), a distance of 36.1 river miles; and

d)

1.3 mg/L in the Illinois River from the confluence of the Illinois River with the

Sangamon River (Latitude: 40

º

1’ 20.995” North, Longitude: 90

º

25’ 59.451” West) to

100 yards downstream of the confluence of the Illinois River with the Sangamon River

(Latitude: 40

º

1’ 20.197” North, Longitude: 90

º

26’ 3.205” West).

IT IS SO ORDERED.

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8

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the

Board adopted the above opinion and order on May 21, 2009, by a vote of 5-0.

___________________________________

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board