F E3 2 1 2006
STATE OF ILLINOIS
POLLUTION CONTROL BOARD
Pollution Control Board
1021 North Grand Ave East
Erin Conley
SPRINGFIELD, IL 62702
Dear Erin Conley
Your rules Listed below met our codification standards and have been published in
Volume 30, Issue 7 of the Illinois Register, dated 02/17/2006 .
ADOPTED RULES
Effluent Standards
35 Ill . Adm . Code 304
Point Of Contact:Erin Conley
OFFICE OF THE SECRETARY OF STATE
JESSE WHITE • Secretary of State
s
E
"'
"~~IcD
02/10/2006
If you have any questions, you may contact the Administrative Code Division at
(217) 782
- 7017 .
CLERK'S OFFICE
Page 2365
Index Department -
Administrative Code Division - 111 East Monroe Springfield, IL 62756
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
1)
Heading of the Part : Effluent Standards
2)
Code Citation : 35 111. Adm. Code 304
3)
Section Numbers :
Adopted Action :
304.123
Amend
4)
Statutory Authority : Implementing Section 9
.8 and authorized by Sections 27 and 28 of
the Environmental Protection Act [415 ILCS 5/9.8, 27 and 28]
5)
Effective Date of Amendments :
FEB
- 2 2006
6)
Does this rulemaking contain an automatic repeal date?
No
7)
Do these amendments contain incorporations by reference?
No
8)
The adopted amendments, including any material incorporated by reference, are on file in
the Board's Chicago office at the James R
. Thompson Center, 100 W . Randolph, Suite
11-500 and are available for public inspection .
9)
Notice of Proposal Published in Illinois Register
:
May 6, 2005 (29 Ill . Reg. 6200)
10)
Has JCAR issued a Statement of Objections to these amendments?
Yes
JCAR Statement of Objection published on December 30, 2005 at 29 Ill. Reg. 21175
Board response submitted to JCAR on January 26, 2006, published on February ,
11)
2006
Differences
at 30111between
. Reg. proposal
and final version
: In response to public comments
received during the first notice period, the Board added a new subsection (k) that
specifies that the averaging rules of Section 304
.104 do not apply to permit limits
established by the phosphorous effluent standards .
12)
Have all the changes agreed upon by the agency and JCAR been made as indicated in the
agreements letter issued by JCAR?
Yes
13)
Will these amendments replace emergency amendments currently in effect?
No
14)
Are there any amendments pending on this Part?
No
15) Summary and Purpose of Amendments :
RECEIVED
SOS-CODE DIV
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
A more complete description of this proposal may be found in the Board's opinion and
order of January 19, 2006, in Board docket R04-26
. The amendments in this rulemaking
adopt a monthly average limit of 1 mg/L for total phosphorous for any new or expanded
discharges into General Use waters
. This limit applies only to discharges from treatment
works with a design average flow of 1
.0 million gallons per day or more receiving
primarily municipal or domestic wastewater
; or any treatment works, other than those
treatment primarily municipal or domestic wastewater, with a total phosphorus effluent
load of 25 pounds per day or more . Dischargers may be exempt from the permit limits if
they can demonstrate that phosphorus from their treatment works is not the limiting
nutrient in the receiving water
. The amendments propose allowing the Illinois
Environmental Protection Agency to impose alternative phosphorus effluent limits where
the supporting information shows that alternative limits are warranted by the aquatic
environment in the receiving stream .
16)
Information and questions regarding these adopted amendments shall be directed to
:
John Knittle
Illinois Pollution Control Board
2125 South First St .
Champaign, 1161820
(217) 278-3111
Copies of the Board's opinions and orders may be requested from the Clerk of the Board
at the address listed in #8 above or by calling 312/814-3620
. Please refer to the Docket
number R04-26 in your request
. The Board order is also available from the Board's Web
site (www.ipcb.state.il.us)
The full text of the adopted amendments begins on the next page
:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
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
Total Ammonia Nitrogen (as N : STORET number 00610)
304.123
Phosphorus (STORET number 00665)
304.124
Additional Contaminants
304.125
pH
304.126
Mercury
304.140
Delays in Upgrading (Repealed)
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
Wastewater Treatment Plant Discharges of the Metropolitan Water
Reclamation District of Greater Chicago
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
304.210
Alton Wastewater Treatment Plant Discharges
304.211
Discharges From Borden Chemicals and Plastics Operating Limited
Partnership Into an Unnamed Tributary of Long Point Slough
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
304.212
Sanitary District of Decatur Discharges
304.213
PDV Midwest Refining, L
.L.C
. Refinery Ammonia Discharge
304.214
Mobil Oil Refinery Ammonia Discharge
304.215
City of Tuscola Wastewater Treatment Facility Discharges
304.216
Newton Station Suspended Solids Discharges
304.218
City of Pana Phosphorus Discharge
304.219
North Shore Sanitary District Phosphorus Discharges
304.220
East St. Louis Treatment Facility, Illinois-American Water Company
304.221
Ringwood Drive Manufacturing Facility in McHenry County
304.222
Intermittent Discharge of TRC
SUBPART C : TEMPORARY EFFLUENT STANDARDS
Section
304.301
Exception for Ammonia Nitrogen Water Quality Violations (Repealed)
304.302
City of Joliet East Side Wastewater Treatment Plant
304.303
Amerock Corporation, Rockford Facility
Appendix A References to Previous Rules
AUTHORITY : Implementing Section 13 and authorized by Section 27 of the Environmental
Protection Act [415 ILCS 5/13 and 27] .
SOURCE : Filed with the Secretary of State January 1, 1978 ; amended at 2111 . Reg. 30, p. 343,
effective July 27, 1978 ; amended at 2111 . 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 8 111 . Reg
. 1600, effective January 18, 1984 ; amended at 8 Ill .
Reg
. 3687, effective March 14, 1984
; amended at 8 Ill . Reg. 8237, effective June 8, 1984 ;
amended at 9 Ill . Reg. 1379, effective January 21, 1985
; amended at 9 Ill . Reg. 4510, effective
March 22, 1985 ; peremptory amendment at 10 Ill . Reg. 456, effective December 23, 1985 ;
amended at 11 111 . Reg. 3117, effective January 28, 1987 ; amended in R84-13 at 11 Ill . Reg.
7291, effective April 3, 1987; amended in R86-17(A) at I 1111
. Reg. 14748, effective August 24,
1987; amended in R84-16 at 12 Ill. Reg. 2445, effective January 15, 1988 ; amended in R83-23 at
12 Ill. Reg. 8658, effective May 10, 1988 ; amended in R87-27 at 12 Ill . Reg. 9905, effective
May 27, 1988 ; amended in R82-7 at 12 Ill . Reg
. 10712, effective June 9, 1988 ; amended in R85-
29 at 12 Ill. Reg. 12064, effective July 12, 1988; amended in R87-22 at 12111 . Reg
. 13966,
effective August 23, 1988 ; amended in R86-3 at 12 Ill . Reg. 20126, effective November 16,
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
1988
; amended in R84-20 at 13 Ill . Reg
. 851, effective January 9, 1989 ; amended in R85-11 at
13 Ill
. Reg. 2060, effective February 6, 1989
; amended in R88-1 at 13 Ill . Reg. 5976, effective
April 18, 1989
; amended in R86-17(B) at 13 Ill . Reg
. 7754, effective May 4,1989
; amended in
R88-22 at 13 Ill. Reg
. 8880, effective May 26, 1989
; amended in R87-6 at 14111
. Reg. 6777,
effective April 24, 1990
; amended in R87-36 at 14 Ill
. Reg
. 9437, effective May 31, 1990 ;
amended in R88-21(B) at 14111 . Reg
. 12538, effective July 18, 1990
; amended in R84-44 at 14
Ill
. Reg. 20719, effective December 11, 1990
; amended in R86-14 at 15 Ill . Reg
. 241, effective
December 18, 1990
; amended in R93-8 at 18 Ill
. Reg
. 267, effective December 23, 1993 ;
amended in R87-33 at 18 Ill . Reg
. 11574, effective July 7, 1994
; amended in R95-14 at 20 Ill
.
Reg. 3528, effective February 8, 1996
; amended in R94-1(B) at 21111 . Reg. 364, effective
December 23, 1996
; expedited correction in R94-1(B) at 21111
. Reg. 6269,
effective December
23, 1996
; amended in R97-25 at 22 Ill . Reg
. 1351, effective December 24, 1997
; amended in
R97-28 at 23 111
. Reg. 3512, effective February 3, 1998
; amended in R98-14 at 23 III . Reg.687,
effective December 31, 1998
; amended in R02-19 at 26 111
. Reg. 16948, effective November 8,
2002; amended in R02-11 at 27 Ill
. Reg
. 194, effective December 20, 2002
; amended in R04-26
at 30 Ill . Reg
. SUBPART
A
,
effective
: GENERAL
EFFLUENT
STANDARDS
Section 304
.123
Phosphorus (STORET number 00665)
a)
No effluent discharge within the Lake Michigan Basin shall contain more than 1
.0
mg/1 of phosphorus as 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 whose untreated waste load is 2500 or more population equivalents, and
which does not utilize a third-stage lagoon treatment system as specified in
subsections 304 .120(a) and
(c), shall exceed 1
.0 mg/1 of phosphorus as P
;
however, this subsection shall not apply where the lake or reservoir, including any
side channel reservoir or other portion thereof, on an annual basis exhibits a mean
hydraulic retention time of 0.05
years (18 days) or less
.
c)
Pursuant to Section 28
.1 of the Environmental Protection Act (Act) [415 ILCS
5/28 .1 ],
the owner or operator of any source subject to subsection (b) of this
Section may apply for an adjusted standard
. In addition to the proofs specified in
Section 28
.1(c) of the Act 415 ILCS 5/28
.1(c), such application shall, at a
minimum, contain adequate proof that the effluent resulting from grant of the
adjusted standard will not contribute to cultural eutrophication, unnatural plant or
algal growth or dissolved oxygen deficiencies in the receiving lake or reservoir
.
For purposes of this subsection
(c),
such effluent shall be deemed to contribute to
such conditions if phosphorus is the limiting nutrient for biological growth in the
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
lake or reservoir, taking into account the lake or reservoir limnology,
morphological, physical and chemical characteristics, and sediment transport .
However, if the effluent discharge enters a tributary at least 40.25 kilometers (25
miles) upstream of the point at which the tributary enters the lake or reservoir at
normal pool level, such effluent shall not be deemed to contribute to such
conditions if the receiving lake or reservoir is eutrophic and phosphorus from
internal regeneration is not a limiting nutrient .
For the purposes 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
integral part of an operation which includes the application of sludge on land
.
e)
Compliance with the limitations of subsection (b) of this Section shall be achieved
by the following dates :
1)
Sources with the present capability to comply shall do so on the effective
date of this Section ;
2)
All other sources shall comply as required by NPDES permit .
For purposes of this Section, the following terms shall have the meanings
specified :
1)
"Dissolved oxygen deficiencies" means the occurrence of a violation of
the dissolved oxygen standard applicable to a lake or reservoir .
(BOARD NOTE : Dissolved Oxygen standards for general use waters are
set forth at 35 Ill_ Adm . Code 302.206 ;
Dissolved Oxygen standards for
secondary contact or indigenous aquatic life waters are set forth at
35 Ill .
Adm . Code 302 .405 .)
2)
"Euphotic zone" means that region of a lake or reservoir extending from
the water surface to a depth at which 99% of the surface light has
disappeared or such lesser depth below which photosynthesis does not
occur.
3)
"Eutrophic" means a condition of a lake or reservoir in which there is an
abundant supply of nutrients, including phosphorus, accounting for a high
concentration of biomass .
4)
"Eutrophication" means the process of increasing or accumulating plant
nutrients in the water of a lake or reservoir . Cultural eutrophication is
eutrophication attributable to human activities .
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
5)
"Internal regeneration" means the process of conversion of phosphorus or
other nutrients in sediments of a lake or reservoir from the particulate to
the dissolved form and the subsequent return of such dissolved forms to
the euphotic zone.
6)
"Limiting nutrient" means a substance which is limiting to biological
growth in a lake or reservoir due to its short supply or unavailability with
respect to other substances necessary for the growth of organisms .
7)
"Unnatural plant or algal growth" means the occurrence of a violation of
the unnatural
.sludge standard applicable to a lake or reservoir with respect
to such growth .
(BOARD NOTE : Unnatural sludge standards for general use waters are
set forth at 35 Ill. Adm . Code 302 .203 ; unnatural sludge standards for
secondary and indigenous aquatic life waters are set forth at 35 Ill . Adm .
Code 302.403 .)
gI
Except as provided in subsection (h) of this Section, any new or expanded
discharges into General Use waters from the following treatment works not
covered by subsections (b) through (fl of this Section, are subject to monthly
average permit limits for total phosphorus of 1 mg/ l
:
1)
Treatment works with a Design Average Flow of 1 .0 million gallons per
day or more receiving primarily municipal or domestic wastewater ; or
2)
Any treatment works, other than those treating primarily municipal or
domestic wastewater, with a total phosphorus effluent load of 25 pounds
per day or more
.
3)
For purposes of this subsection
:
A)
A new discharge means a discharge from a treatment works
constructed after December 15, 2005
.
B)
An expanded discharge means a discharge from any existing
treatment works that would be greater than the flowrates permitted
prior to December 15, 2005 .
in
Discharges qualifying under subsections(g)(1)and(g)(2)of
this Section may not
be subject to the requirements of subsection (g) of this Section provided the
discharger demonstrate that phosphorus from treatment works is not the limiting
i)
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
nutrient in the receiving water
. The Agency may impose alternative phosphorus
effluent limits where the supporting information shows that alternative limits are
warranted by the aquatic environment in the receiving stream .
No additional phosphorus limitations are required pursuant to Sections 304
.105
and 35 111 . Adm. Code 302 .203 for the discharges that comply with the
requirements of subsection (g) or (h) of this Section
.
The provisions of subsections (g), (h),and (i) of this Section apply until such time
as the Board adopts a numeric water quality standard for phosphorus and the
adopted standard is approved by the U
.S. EPA.
k)
The averaging rules under subsections (a)(2)and(a)(3)of
Section 304 .104
do not apply to permit limits established pursuant to subsection (g) or (h)
of this Section .
(Source: Amended at 30 Ill . Reg.
, effective
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