RECE WED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY
1
L~
2004
STATE OF ILLINOIS
Pollution Control Board
IN THE MATTER OF:
PROPOSED
35
111.
Adm. Code 304.123(g),
)
R04-
304.123(h), 304.123(i),
304.123(j), and 304.123(k)
)
(Rulemaking
-
Water)
NOTICE OF
ELLING
Dorothy Gunn, Clerk
Legal Service
Pollution Control Board
Illinois Department ofNatural Resources
100 West Randolph Street
One Natural Resources Way
Suite 11-500
Springfield, Illinois 62702-1271
Chicago, Illinois
60601
Mathew Dunn
illinois AttorneyGeneral’s Office
Environmental Control Division
James R. Thompson Center
100 West Randolph Street
Chicago, illinois 60601
PLEASE TAKE NOTICE that Ihave today filed with the Office ofthe Clerkofthe Pollution Control
Board
the
AGENCY REGULATORY
PROPOSAL,
MOTION
FOR
ACCEPTANCE,
AND
APPEARANCE ofthe Illinois Environmental ProtectionAgency, a copy ofwhich is herewith served
upon you.
ILLINOIS ENVII~ONMENTAL
PROTECTION AGENCY
By:_______________________
SanjayK Sofat
Assistant Counsel
Division ofLegal Counsel
Dated:
May 12, 2004
Illinois Environmental Protection Agency
1021
North Grand Avenue East
Springfield, Illinois 62794-9276
(217)782-5544
TillS
FILING
PRINTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL ~
MAY
1
It
2004
IN THE MATTER OF:
p~~roIBoard
PROPOSED
35 Ill. Adm.
Code 304.123(g),
)
R04-
304.123(h), 304.123(i), 304.123(j), and 304.123(k)
)
(Rulemaking
-
Water)
APPEARANCE
The undersigned,
as
one
of its
attorneys,
hereby enters
his
APPERANCE
on
behalf of
Respondent, illinois Environmental Protection Agency.
ILLINOIS ENVIRONMENTALPROTECTION AGENCY
By:
SanjayK Sofat
Assistant Counsel
Division ofLegal Counsel
DATED:
May 7, 2004
Illinois Environmental Protection Agency
1021 North GrandAvenue East
P.O.Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
TIllS
FILING
PRINTED ON RECYCLED PAPER
2
RECEIVED
BEFORE ITHE
ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
MAY
142004
STATE OF lLLl1~JOlS
IN THE MATTER OF:
Pollution
Control Board
PROPOSED
35111. Adm.
Code 304.123(g),
)
R04-
304.123(h), 304.123(i), 304.123(j), and 304.123(k)
)
(Rulemaking
-
Water)
MOTION FOR ACCEPTANCE
NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA”), by and
through its attorney, SanjayK. Sofat, and pursuant to 35 ill.
Adm. Code
102.106,
102.200, and
102.202, moves that the illinois Pollution Control Board (“Board”) accept forhearing the Illinois
EPA’s proposal for amendments to 35 Ill.
Adm. Code Part 304.
This regulatory proposal includes:
1.
Notice ofFiling;
2.
Appearance ofAttorney for the Illinois Environmental Protection Agency;
3.
Director Cipriano’s Statement ofSubmittal;
4.
Certification of Origination;
5.
Statement ofReasons and Exhibits;
6.
Agency Analysis ofEconomic and BudgetaryEffects ofProposed Rulemaking;
7.
Notice ofProposal and Proposed Amendments;
8.
Computer disc containing Notice ofProposal and Proposed Amendments; and
9.
Proof ofService.
3
DATED:
May 7, 2004
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:
Sanjay K Sofat
Assistant Counsel
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021 North Grand AvenueEast
P.O. Box 19276
Springfield, Illinois 62794-9276
(217)782-5544
TillS FILING PRINTED ON RECYCLED PAPER
4
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
PROPOSED 35111. Adm. Code 304.123(g),
)
R04-
304.123(h), 304.123(i), 304.123(j), and 304.123(k)
)
(Rulemaking
-
Water)
AGENCY PROPOSAL OF REGULATIONS
Pursuant to Section 27 ofthe Illinois Environmental Protection Act (415 ILCS 5/27), the
Illinois Environmental Protection Agency hereby moves the Illinois Pollution ControlBoard to
adopt the attached proposedregulations.
Respectfully Submitted,
Renee Cipriano
Director
DATED:
May 7, 2004
illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box ~19276
Springfield,
Illinois 62794-9276
(217) 782-5544
TillS FILING PRINTED
ON RECYCLED PAPER
5
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
PROPOSED
35111. Adm. Code 304.123(g),
)
R04-
304.123(h), 304.123(i), 304.123(j), and 304.123(k)
)
(Rulemaking
-
Water)
CERTWLCATION
OF
ORIGINATION
NOW COMES the Illinois Environmental Protection Agency to certify in accordance with
35111. Adm. Code
102.202(h) that this proposal amends the most recent version ofthe Table of
Contents ofthe Part 304 as published on the Pollution Control Board’s web site.
Respectfully Submitted,
ILLINOIS ENVIRONMENTALPROTECTION AGENCY
By:__________________
Sanjay K. Sofat
Assistant
Counsel
Division ofLegal Counsel
DATED:
May 7, 2004
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O.
Box 19276
springfield, Illinois 62794-9276
(217) 782-5544
THIS
FILING PRINTED ON RECYCLED PAPER
6
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN
THE MATTER OF:
PROPOSED 35111.
Adm. Code 304.123(g),
)
R04-
304.123(h), 304.123(i), 304.123(j), and 304.123(k)
)
(Rulemaking
-
Water)
STATEMENT
OF
REASONS
The Illinois Environmental Protection Agency (“Illinois EPA”) herebysubmits its Statement
ofReasons forthe above captionedproceeding to the illinois Pollution Control Board (“Board”)
pursuant to Section 27 ofthe Illinois Environmental Protection Act (“Act”), 415 ILCS 5/27 (2002),
and 35 Ill. Adm. Code 102.106,
102.200, and 102.202.
I.
Statutory Basis
Pursuant to the Federal Water Pollution Control Act, 33 U.S.C. §~1251-1387
(1987), also
known as the Clean Water Act (“CWA”)
§ §
101-607, states are required to revise and update their
water quality standards to ensure that standards are protective ofpublic health and welfare, enhance
the quality ofwater and promote the purposes ofthe CWA.
33 U.S.C.
§1313(c)(2)(A).
In
establishing new and revised standards, the State must consider the waters use and value forpublic
water supplies, propagation offish and wildlife, recreational purposes, and agricultural, industrial,
and navigational purposes.
33 U.S.C. §1313(c)(2)(A).
The process ofreviewing a state’s standards
is commonlyknow as a “triennial water quality standards” review.
33 U.S.C.
§1313(c)(1).
The Illinois EPA is in the process ofdeveloping the State numeric nutrient standards based
upon scientifically defensible cause-effect relationships.
Earlyin the process, the Illinois EPA
realized that there was a shortage ofsound scientific information available to examine relationships
7
betweennutrient concentrations, biological parameters, and dissolved oxygen in the receiving
waters.
To understand the scientific relationship among these various variables, the illinois EPA is
currently progressing through a comprehensive multi-year nutrient standards development effort in
cooperationwith other State agencies, USEPA, stakeholder groups, and individual citizens.
(Illinois
EPA’s Numeric Nutrient Water Quality StandardDevelopmentApproach) (SeeExhibitA).
To
establish these relationships, the Illinois EPA along with other State entities funded four research
studies through the illinois Council on Food and Agricultural Research (C-FAR) program.
These
studies began in 2003
and will proved the scientific information that will become the basis ofthe
illinois’ nutrient standards.
The Illinois EPA expects to file a nutrient standards petition to the
illinois Pollution Control Board earlyin 2007.
in the interim, however, the Illinois EPA is proposing an effluent standard forphosphorus to
limit higher concentrations ofphosphorus that mayresult in detrimental levels ofplant and algae
growth.
The Board has the authority under the Act to
adopt such regulations.
According to Section
27(a) ofthe Act, the Board “maymake different provisions as requiredby circumstances for
different contaminant
sources.”
415 ILCS
5/27(a)
(2002).
Inpromulgatingthe regulations under
this
section, the Board is required to
consider, “the existing physical conditions
...
the nature of the
existing air quality, orreceiving body ofwater, as the casemaybe, and the technical feasibility and
economic reasonableness ofmeasuring orreducing the particular type ofpollution.”
Id.
II.
Introduction
This proposal contains the Illinois EPA’s interim effluent standard forphosphorus.
The
illinois EPApurposes the effluent limit sunset with thô Board’s adoption ofa numeric phosphorus
water quality standard.
8
A.
Problem Statement
The macronutrients nitrogen, phosphorus, and potassium are necessary fundamental building
blocks ofall plant life on earth, both terrestrial and aquatiè.
All three are criticallynecessary for
both economical agricultural production and urbaii landscape~management.Each of thesenutrients
are found naturally; potassium and phosphorus are present in rocks, minerals, sediments,
and biota,
while nitrogen comprises 78 percent of the earth’s atmosphere and is a critical biological
component.
These threenutrients
are applied to the land surface as inorganic fertilizers and are
present in domestic and industrial wastewaters.
However, only nitrogen and phosphorus havebeen
found to be present in problematic levels in aquatic waterbodies.
Thenatural and anthropogenically
modified cycling ofnitrogen and phosphorus in the environment is quite complex because the
concentrations ofthese elements, which promote adverse conditions, vary temporally and spatially
and are not consistent among waterbodies.
Nitrogen exists in many forms in the environment and is present in the atmosphere,
hydrosphere, and plant and animal tissues.
The movement ofnitrogenwithin and among these
varied environments results in nitrogen existing in numerous compounds and oxidation states and in
forms having various degrees ofmobilitywithin the environment.
Nitrogen and phosphorus are
typically the two key targets for the control ofeutrophication problems in water bodies.
(United
States Environmental Protection Agency,
1993,
Nitrogen Control Manual,
EPA
625-R-93-010)
(IJSEPA 1993)
(See ExhibitB).
Nitrogen is typically present in concentrations sufficient to support
aquatic algal and plant
growth, but maybe a limiting nutrient, the nutrient in shortest supply, in
certaincircumstances, such-as low flow periods.
The presence and behavior ofphosphorus in the environment, both terrestrial and aquatic, is
complex and variable.
Phosphorus can be present in organic and inorganic forms, in plant and
animal matter, bound to particulate material, sequestered in benthic
sediments, or in the water
9
column in particulate or dissolved forms.
Typicallypoint sources ofphosphorus are attributable to
municipal wastewater (sanitary sewage) although certain types ofindustrial waste (food processing)
may also contain significantphosphorus levels.
Large quantities ofphosphorus are introduced into
the environment through the application of agricultural and residential fertilizer to
crops and turf
grass.
Phosphorus is continually being transformed and cycled through the processes of
decomposition and synthesis betweenorganically bound forms and oxidized inorganic forms.
Phosphorus occurs in natural water and wastewaters primarily as phosphates.
(American Public
HealthAssociation,
1998,
Standard Methods for the Examination of Water and Wastewater,
2Oh1~
Edition,
Washington,
D.C.)
(American Public Health Association,
1998)
(See Exhibit C).
There are
multiple phosphate forms; the most prevalent in freshwaters ofnormal pH are H2P04
and HP042.
(Hem, J.D.,
1985, Study and Interpretation ofthe Chemical Characteristics ofNatural
Water,
U.S.
Geological Survey Water-Supply Paper 2254, 263 p.) (Hem, 1985)
(SeeExhibit D).
Ortho-
phosphorus is the form most readily available for incorporation by organic life forms.
However,
because ofthe continual transformation ofphosphorus and the important inorganic and organic
components ofphosphorus in the aquatic ecosystem, analysis ofonly the ortho-phosphorus form
would not provide an accurate and complete assessment ofphosphorus in a particular aquatic
environment.
An analysis oftotal phosphorus provides a more comprehensive assessment ofthe
potential effects from phosphorus as itincorporates phosphorus presentin the water colunm in the
dissolved, particulate, and biological forms.
Phosphorus is typically thought to be the primary limiting nutrient in most freshwater
environments.
Whennitrogen is present in sufficient amounts, an elevated level ofphosphorus can
result in excessive and problematic plant and algal growth, a condition known as eutrophication.
Eutrophic conditions can limit the use and appeal ofa waterbody for swimming, boating, and water
supply uses.
Excessive algal growth can change the composition ofthe aquatic biota, generally
10
resulting in the reduction ofmore sensitive and often more desirable organisms.
The mast
concerning effect of eutrophication maybe the alteration and depression ofdissolved oxygen levels
iii,
the water body.
Through photosynthesis and respiration, aquaticplants produce and consume
oxygen from the water column, respectively.
Oxygen is produced during the daylight hours’and
consumed during night.
Increase in the amounts ofalgae and other plant lifewill increase the
magnitude ofoxygen production and consumption.
This could sometimes make it difficult for fish,
insects, and other aquatic biota to adjust to availability ofoxygen in the waters.
The most
detrimental impact to the water body is when the abundantplant life dies and the subsequent
decompositionofthe organic matter consumes oxygen from the water.
This process can depress
dissolved oxygen levels to harmful and even fatal levels for fish and other aquatic organisms.
Some
research has indicated that phosphorus concentrations above 0.1 mg/h can result in excessive algal
growth affecting municipal, industrial, recreational uses in North American fresh water
environments.
(McNeely, R.N., Neimanis, V.P., and Dwyer, L.,
1979,
Water Quality Sourcebook, A
Guide to
Water Quality Parameters,
Environment Canada, Ottawa, 88 p.) (McNeely et. al, 1979)
(See ExhibitE).
Prevention ofdetrimental responses to an overlyfertile aquatic environment is a basic goal
ofillinois’ water quality program.
The fundamental objectiveto phosphorus
management in
streams and lakes is the allowance ofphosphorus concentrations necessaryto ensure desirable
biological activity, but limitation ofhigher concentrations that result in detrimental levels ofplant
and algae growth.
The classic approach to reach this goal is the determination ofthe upper limit of
beneficial nutrient concentrations upon which source permitting and other water quality
management programs canbe implemented.
B.
Current Regulatory Framework
Currently, illinois nutrient water quality standards are limited to
a phosphorus numeric
11
concentration applicable to lakes and reservoirs of20 acres or greater in size,
35 Iii. Adm.
Code
302.205, and a narrative standard,
35 Ill. Adm. Code 302.203, applicable to all general use waters.
This narrative standardprohibits “plant or algal growth, color or turbidity ofotherthan natural
origin”. The narrative standard obviously recognizes the inherent presence ofplant and
algal growth
in Illinois surface waters and furthermore recognizes that such growth can exceed natural (or
healthy) conditions
and
concentrations.
This
was
and to a great extent remains the norm for state
water quality standards throughout the country.
HistoricallyUSEPA water quality standards criteria
and guidance has required this type
ofnarrative standard.
Illinois’ dissolved oxygen (“DO”)
standard
requires that it
“shall not be less than 6.0 mg/h during
at least 16 hours ofany 24 hour
period, nor less than
5.0
mg/i at any
time.”
35111.
Adm.
Code 302.206.
C.
Proposed
Interim
Approach Pending Development of Illinois Nutrient
Standards
Unfortunatelythereis no clear line ofdemarcation between natural
and
excessivelevels of
algal
orplant activity that could result in adissolved oxygen violation oran
overall—decline
in
their tegrity:of
the aquatic
ecosystem.
While the narrative standard regarding offensive condition and the numeric
dissolved
oxygen
standard
are
adequate
to
address eutrophic
degradation, they provide little or no
practicalguidance to the Agency in establishing preventive orprotectivepermit limits.
Further, as the
existing Board regulations at 35 Ill. Adm. Code 302.203, 304.105,
and 309.141
require permit limits
that
are
sufficient to avoid stream degradation, the Illinois EPAneeds an
interim
approachthat assures
point sourcesdo not cause
detrimental
trophic conditions orexacerbateaireadyproblematicconditions~.
Until the science is further understood and numeric nutrient water quality standards are
adopted and
federally approved,the Agencyis proposing an
interim
effluent phosphorus
standard-
cif
1 mg/h for major
sources.
The
Agency believes that the proposed
standard
meets
“technical
feasibility,
economic
12
reasonableness and fairness” concepts ofSection 304.105 for point source discharges ofphosphorus.
III.
Implications to NPDES
Permitting
Practices
-
Currently, there are
10
to
12
NPDES
permits
for
new
or
expanded wastewater treatment
facilitiesthat areaffected by phosphorus limituncertainty.
On an annualbasis itis projected that about
20 permits willbe impacted.
Most ofthese are in areas
ofthe State undergoing rapid
urbanization, e.g.,
Lake, McHenryand northern Will Counties.
The environmental advocacy communityhas consistently
requested informationhearings on draftpermits
for these facilities.
One
permit, NewLennox, is in the
midst
ofa
third party
appealbefore the
Board that is at leastpartially due to the lackofpermit limits for
nutrients.
This situation
places a
strain
on
an already overburdened NPDES permitting process.
Agency
attendance
at numerous public
hearings drains resources from otherpermirngand~star.dards:activities.
Essentiallythe same debate emerges in eachofthese permitting instances: whetherphosphorus limits
may be placed in the NPDES
permit
for the new or expanded discharge prior to an adopted numeric
water quality standard for phosphorus.
IV.
Water Treatment Technology
Reducing levels ofphosphorus in wastewatertreatment plant effluent canbe accomplished either
by reducing influent loading or achieving greater phosphorus removal during
the treatment process.
Reducinglevels ofphosphorus in domestic wastewaterinfluentis generallynot practical.
Infact, there
is increasing usage ofpolyphosphates and orthophosphates to prevent corrosion and control levels of
metals
in
water treatment
and
distribution
systems,
and
this
practice
might
result
in
increased
phosphorus
loadings
to
wastewater
treatment
plants.
(Ohio
Environmental
Protection
Agency,
Phosphorus
Control
Strategies,
Point
Source
Component,
12/13/2000
Draft)
(Ohio
EPA
Draft
13
Phosphorus Control Strategy)
(SeeExhibitF).
Phosphorus reduction in wastewater is typically achieved using biological removal, chemical
removal,
or -a
combination
of the
two
techniques.
Other
types of processes
including
ammonia
stripping, ion exchange,
and reverse osmosis have been tried, but have been found to be
costly and
unreliable. (Zeriz, David R.,
Technical Feasibility and Cost to MeetNutrient Standards in the State of
Illinois,
2003, Reportcommissioned by the Illinois AssociationofWastewaterAgencies) (Zenz, 2003)
(See Exhibit
C).
Biological removal
entails the incorporation ofphosphorus
into microorganisms
through biomass synthesis.
Chemical removal involves addition ofmetal salts or lime, precipitation,
and settling.
Resultant particulate removal,.biosolids or flocculants, is
generallyrequired with either
method, and filtration is often, but not always, needed to achieve phosphorus levels below
1.0 mg/l.
(United States Environmental Protection Agency,
1987,
Phosphorus RemovalDesign Manual,
EPA
625-1-87-001) (EPA 625-1-87-001)
(See°ExhibitH).
Chemical treatment using metal salt or
lime can
increase sludge production significantly, typically 20-40percent or more. Landapplication ordisposal
of
the
resultant increased
quantities of biosolids may present additional
environmental
concerns.
Biological removal technologies are often preferred over chemical procedures because oflower long-
term costs and less sludge production.
Several investigationsregarding thepracticality, feasibility, and economics oftreatingmunicipal
wastewaters to low levels ofphosphorus have been or are being conducted, including
studies by the
illinois
Association
of Wastewater
Agencies
(“IAWA”)
and
the
Water
Environment
Research
Foundation (“WERF”).
Areport commissioned by theJAWA,
“Technical Feasibility and Cost to Meet
Nutrient
Standards in
the State of Illinois”(Zenz
2003)
(See Exhibit
U),
states that most
existing
treatment
facilities in
Illinois
could be
retrofitted or augmented with
biological
or biological
and
chemical processes to achievemonthly average effiuerflotal;pho&phoruscc’ncentrations of
0.5
mg/i on a
reliable and
consistent basis.
Most existing wastewater treatment facilities would need to construct
14
additional tanks to incorporate anaerobic and anoxic-systemsinto-the treatment process forthepurpose
of increasing phosphorus removal.
Zenz
concludes that two processes would generally be used in
a
treatment plant to achieve low phosphorus concentrations, including;
1) filtration to remove insoluble
phosphorus, and 2) chemical addition to enhance phosphorus removal.
Inaddition, a suspended
growth
system would likely be retrofittedwith,an anaerobic/anoxic selector with chemical precipitation, while
an existing fixed film system would likely need to be retrofitted with chemical phosphorus removal.
V.
Public Participation
OnApril
15,
2004, the illinois EPA sent the draft proposal to several organizations for their
comments and suggestions.
The recipients included the illinois Association ofWastewater
Agencies, the illinois Environmental Regulatory Group, the Chemical Industry Council, US
Environmental Proteôtion Agency, the Environmental Law & Policy, the Sierra Club, and the
MWRDGC.
VI.
Technical Feasibility and EconomicJustification
-
Zenz
(2003) estimated costs associated with upgrading 814 existing municipal treatment
plants in illinois to achieve nutrient removal.
Cost estimates were calculated using a regression
analysis technique developed by Reardon (1994) and data supplied by treatment facilities and the
Illinois EPA.
Regression equations were developed for five different treatment processes and
included capital costs for construction as well as operational and maintenance costs for chemicals,
labor, power, and other miscellaneous expenses.
Costs were calculated fortreatment facilities in
seven different capacity categories.
Zenz estimatedthe total costs ofupgrading and operating the
814
existing municipal wastewatertreatment plants in Illinois to
remove nutrients to be $5.3 billion
in
capital construction-or modification costs and
$500
million annually for operation and
15
maintenance expenditures.
These estimates are only formunicipal treatment facilities and do not’
include costs for industrial treatment facilities or the nearly400 small semi-private treatment plants
in the State.
The Agency believes that proven and readily available technology to remove phosphorus can
consistently and reliably reduce effluent phosphorus concentrations to
1.0 mg/l or less.
TheAgency
is proposing
1.0 mg/i
as the enforceablemonthly average limit and a conservative measure of
sustained performance.
The Agency fullyexpects actual performance levels to be incrementally
better and even in the 0.5 mg/l range for extended periods.
A monthly average
limit
of 1.0 mg/i will
not put properly operating treatment systems at undue risk ofpermit violations resulting
from
normal operational and performance variability.
VII.
Synopsis of Testimony
During the Board’s proceedings in this matter, the Illinois EPA will present three witnesses
in support ofthe proposed rulemaking:
TobyFrevert is the Manager ofthe Division of Water
Pollution within the BureauofWater ofthe Illinois Environmental Protection Agency.
Mr. Frevert
has been with the Illinois EPA in excess of 30 years.
Bob Mosher is the Supervisor ofthe Water Quality Standards Unit within the Division of
Water Pollution Control.
The duties include: the development ofwater quality standards and the
implementation ofthese standards in the Agency programs including the NPDES permit process.
Mr. Mosherhas been with the Agency for nearly 16 years.
He is
an aquaticbiologist by training.
Paul Terrio is the Water Quality Specialist for the Illinois District ofthe U.S. Geological
Survey (USGS).
Mr. Terrio is working with the Agency to develop numeric nutrient standards for
the State through a 2-year intergovernmental cooperative agreement.
Mr. Terrio has been a
Hydrologist with theUSGS foralmost 20 years and has worked on various water quality research
16
and data collection projects throughout the State.
He has a B.S. degree in Hydrology from the
University ofArizona.
VIII.
Supporting Documents
-
33 USC
§
1313
Exhibit A:
illinois EPA’s Nutrient Numeric Water Quality Standard Development
Approach.
Exhibit B:
United States Environmental Protection Agency, 1993,
Nitrogen Control
Manual,
EPA
625-R-93-010.
Exhibit C:
American Public Health Association, 1998,
Standard
Methodsfor the
Examination of Water and Wastewater,
20th
Edition,
Washington,
D.C.,
variously paged.
Exhibit D:
Hem,
J.D.,
1985, Study and Interpretation ofthe Chemical Characteristics of
Natural Water,
U.S.
Geological Survey Water-Supply Paper 2254, 263
p.
Exhibit E:
McNeely, R.N., Neimanis, V.P., and Dwyer, L.,
1979,
Water Quality
Sourcebook, A
Guide to
Water Quality Parameters,
Environment Canada,
Ottawa, 88p.
Exhibit F:
Ohio Environmental Protection Agency,
Phosphorus control Strategies,
Point Source Component,
12/13/2000 Draft.
-
-
Exhibit G:
Zenz,
David R.,
Technical Feasibility and Cost to MeetNutrient Standards in
the State ofilhinois,
2003, Report commissioned by the Illinois Association of
Wastewater Agencies.
Exhibit H:
United States Environmental Protection Agency,
1987,
Phosphorus Removal
Design Manual,
EPA 625-1-87-001.
THIS
FILING
PRINTED ON RECYCLED PAPER
17
)
STATE OF
ILLINOIS
COUNTY
OF SANGAMON
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached AGENCY REGULATORY
PROPOSAL,
MOTION FOR ACCEPTANCE, AND
APPEARANCE upon the person to whom
it is directed, by placing a copy in an envelop addressed to:
DorothyGunn, Clerk
Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, illinois 60601
(First Class)
Mathew Dunn
Illinois Attorney General’s Office
Environmental Control Division
James R.
Thompson Center
100 West Randolph Street
Chicago, Illinois 60601
(First Class)
Legal Service
illinois Department ofNatural Resources
One Natural Resources Way
Springfield, illinois 62702-1271
(First Class)
and mailing it from Springfield, illinois on May 12, 2004, with sufficient postage affixed as
indicated above.
OFFICIAL
SEAL
~•
CYNTHIA L WOLFE
~
~.
NOTARY
PUSUC,
STATE OF
ILLINOIS
$
MY
COMMISSION
EXPIRES
3•20.2007
•i:
SUBSCRIBED
AND
SWORN TO
BEFORE ME
)
)
SS
)
)
this day ofMay 12, 2004.
THIS FILING PRINTED ON RECYCLED
PAPER
18
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED
AMENDMENTS
1)
Heading ofPart:
Effluent Standards
2)
Code Citation:
35 Ill. Adm. Code 304
3)
Section Number:
Proposed Action:
304.123(g)
New subsection
304.123(h)
New subsection
304.123(i)
New subsection
304.120(j)
New subsection
304.123(k)
New subsection
4)
Statutory Authority
415
JLCS 5/13
and 27
5)
A Complete Description ofthe Subjects and Issues Involved:
The proposed amendments provide the Illinois EPA’s interim approach for regulating
phosphorus in National Pollutant Discharge Elimination System (“NPDES”) permits of
certain categories of dischargers.
Underthis interim
approach,
certain discharges are
requiredto meet phosphorus effluent
limit
of
1
mg/l.
The proposal also outlines the
discharges that are not subject to this requirement.
Further, the compliance with the
proposed requirement satisfies the requirements ofSections 304.105 and 302.203 ofthe
illinois Pollution Control Board’s (“Board”) regulations.
6)
Will this proposed amendment replace an emergency amendment currently
in effect?
___Yes
XNO
7)
Does this rulemaking contain an automatic repeal date?
-
____Yes
XNo
8)
Does this proposed amendment contain incorporatiQns-by reference?
___Yes
XN0
9)
Are there any other proposed amendments pending on this
part?
___Yes
XNo
10)
Statement ofState wide Policy Objectives:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED
AMENDMENTS
This proposed amendments are consistent with the policy objectives set out in the
Environmental Protection Act, 415 ILCS
5/1
et seq.
11)
Time, Place and Manner in which interestedpersons may comment on this proposed
rulemaking:
The Board will accept writtenpublic
comment on this proposal fora period of45 days
afterthe date ofthis publication.
Comments should reference Docket R04-_
and be
addressed to:
Ms. Dorothy Gunn, Clerk
illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
-
100 West Randolph Street
Chicago, illinois
60601
12)
Initial Regulatory Flexibility Analysis:
A)
Types ofsmall business affected:
Anyone proposing to dischargephosphorus enriched effluent into waters ofthe
State.
B)
Reporting, book keeping orother procedures required for compliance:
No additional reporting and record keeping requirements are imposed beyond
those necessary for compliance with the existing regulations.
C)
Types ofprofessional skills necessary for compliance:
-
No additional professional skills are required beyond those necessary for
compliance with the existing regulations.
The full text ofthe Proposed Amendments begins on the next page:
-
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE C:
WATER POLLUTION
CHAPTER-I:
POLLUTION CONTROL BOARD
PART 304
EFFLUENT STANDARDS
SUBPART A:
GENERAL EFHAUENT 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)
304.14 1
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 ofthe Metropolitan Water
Reclamation District ofGreater 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
CityofLockport Treatment Plant Discharges
304.209
Wood River Station Total Suspended Solids Discharges
304.2 10
Alton Wastewater Treatment Plant Discharges
304.211
Discharges From Borden Chemicals and Plastics Operating Limited
PartnershipInto an Unnamed Tributary ofLong Point Slough
304.212
Sanitary District ofDecatur Discharges
304.213
PDV Midwest Refining, L.L.C. Refinery Ammonia Discharge
304.214
Mobil Oil Refinery Ammonia Discharge
304.215
City ofTuscola Wastewater Treatment Facility.Discharges
304.2 16
Newton Station Suspended Solids Discharges
304.218
City ofPana 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 ofTRC
SUBPART C:
TEMPORARY EFFLUENT STANDARDS
Section
3 04.301
Exception for Ammonia Nitrogen Water Quality Violations (Repealed)
304.302
City ofJoliet East Side WastewaterTreatment Plant
304.303
Amerock Corporation, Rockford Facility
Appendix A
References to Previous Rules
AUTHORITY:
Implementing Section
13 and authorizedby Section 27 ofthe
Environmental Protection Act 415
ILCS 5/13
and 27.
SOURCE:
Filed with the Secretary ofState January 1,
1978;
amended at 2 ill.
Reg. 30,
p.
343, effective July 27,
1978;
amended at 2 fll. 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
111. Reg. 20,
p. 53 effective May 7,
1980;
amended at 6 ill. Reg.
563,
effective December 24,
1981; codified at 6
111. 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
111. 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,
effective March 14,
1984; amended at
8
111.
Reg. 8237,
effective June 8,
1984; amended
at 9 Ill. Reg.
1379, effective January 21,
1985;
amended at 9
111.
Reg. 4510,
effective
March 22,
1985; peremptory amendment at 10 ill. Reg.
456,
effective December 23,
1985;
amended at 11111. 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
11
ill. 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,
effectiveMay 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 12 Ill. Reg.
13966, effective August 23,
1988;
amended in R86-3
at 12
111. Reg. 20126, effective November 16,
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
111. Reg. 7754,
effective May4,
1989;
amended in R88-22 at
13
111. Reg.
8880, effective May26, 1989; amended in R87-6 at
14
111. Reg. 6777, effective April 24,
1990;
amended in R87-36 at 14
Ill. Reg. 9437, effective
May31, 1990;
amended inR88-21(B) at 14 ill. Reg.
12538, effective July 18, 1990;
amended in R84-44 at 14111.
Reg. 20719, effective December
11, 1990; amended in R86-
14 at 15
111. Reg. 241, effectiveDecember 18,
1990; amended inR93-8 at 18
111. Reg.
267, effective December 23,
1993; amended in R87-33 at 18 ill. Reg.
11574, effective
July 7,
1994; amended in R95-14
at 20111.
Reg. 3528,
effective February 8, 1996;
amended in R94-1(B) at 21
III. Reg. 364, effective December 23,
1996; expedited
correction in R94-1(B) at 21
Iii. 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, effectiveFebruary 3,
1998;
amended inR98-14 at23 ill. Reg.687,
effective
December 31,
1998; amended in R02-19 at 26111. Reg.
16948, effective November 8,
2002;
amended in R02-l 1 at 27111. Reg.
194, effectiveDecember 20, 2002, amended in
___________
at
___________
Ill. Reg. ________________,effective
__________________
2004).
SUBPART A:
GENERAL
EFFLUENT STANDARDS
Section 304.123
Phosphorus (STORET number 00665)
a)
No effluent discharge within the Lake MichiganBasin shall contain more
than 1.0 mg/i ofphosphorus 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, orto any tributary ofsuch a
lake orreservoir whoseuntreated waste
loadis 2500 ormore population
equivalents, and which does not utilize a third-stage lagoon treatment
system as specified in Section 304.120(a) and (c),
shall exceed
1.0 mg/i of
phosphorus as P; however, this subsection shall not applywhere the lake
orreservoir, including any side channel reservoir or other portion thereof,
on an annual basis exhibits a meanhydraulic retention time of0.05 years
(18 days) or less.
c)
Pursuant to Section 28.1 ofthe Act, the owner or operator of any source
subject to subsection (b) may apply for an adjusted standard.
In addition
to the proofs specified in Section 28.1(c) of the Act, such application shall,
at a
minimum,
contain adequate proofthat the effluent resulting from grant
ofthe adjustedstandard will not contribute to cultural eutrophication,
unnatural plant or algal growthor dissolved oxygen deficiencies in the
receiving lake orreservoir.
Forpurposes ofthis subsection, such effluent
shall be deemed to contribute to such conditions if phosphorus is the
limiting nutrient forbiological growth in the lake orreservoir, taking into
account the lake orreservoir 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
ofthe point atwhich the tributary enters the lake or reservoirat normal
pool level,
such effluent shall not be deemed to contribute to such
conditions ifthe receiving lake orreservoir is eutrophic and phosphorus
from internalregeneration is not a limiting nutrient.
d)
For the purposes ofthis
Section the term “lake or reservoir” shall not
include low level pools constructed in free flowing streams or any body of.
waterwhich is an integral part ofan operation which includes the
application ofsludge on land.
e)
Compliancewiththe limitations ofsubsection (b) shall be achieved by the
following dates:
1)
Sources with the present capability to comply shall do so on the
effective date ofthis Section;
2)
All other sources shall comply as required by NPDES permit.
f)
Forpurposes ofthis Section, the following terms shallhave the meanings
specified:
1)
“Dissolved oxygen deficiencies” means the occurrence of a
violation ofthe 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 ofa lake orreservoir extending
from the water surface to a depth at which 99
ofthe surface light
has disappeared or suchlesser depth below which photosynthesis
does not occur.
3)
“Eutrophic” means a condition ofa lake orreservoir in which there
is an abundant supply ofnutrients, including phosphorus,
accounting
for a
high concentration ofBiomass.
4)
“Eutrophication” means the process ofincreasing or accumulating
plant nutrients in the water ofa lake or reservoir.
Cultural
eutrophication is eutrophication attributable to human activities.
5)
“Internal regeneration” means theprocess ofconversion of
phosphorus or othernutrients in sediments ofa lake or reservoir
from the particulate to the dissolved form and the subsequent
return ofsuch 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
oforganisms.
7)
“Unnatural plant or algal
growth”
means the occurrence ofa
violation ofthe unnatural sludge standard applicable to a lake or
reservoir with respect to such growth.
(BOARD NOTE: Unnatural sludge standards forgeneral 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
III.
Adm.
Code 302.403.)
g)
Except as provided in Section 304.123(h) below, the following new or
expanded discharges into General Use waters, not covered by subsections
(b) through (1) ofthis Section, are subject to monthly average permit limits
for total phosphorus of 1
mg/i:
-
fl
Treatment works with a DesignAverage Flow of 1.0 million
gallons per day or more receiving municipal or domestic
wastewater; or
~
Any treatment works with a total phosphorus effluent load of 25
pounds per day ormore.
Treatment works qualifying under subsections (g)(1) and (g)(2) may
demonstrate that phosphorus from treatment works is not limiting nutrient
in the receiving water or that alternative phosphorus effluent limits are
warranted by the aquatic environment in the receiving water.
The following discharges are not subject to the requirements of Section
304.123(g):
-
j.~
Existing treatment works operating at orbelow existing permitted
flowrates
2)
New or expanded treatment works with a Design Average Flow of
less than 1.0 million gallons per day; or
3)
New or expanded treatment works with a total phosphorus effluent
load ofless than 25 pounds per day.
fl
Compliance with the provisions of Section 304.123 meets the applicable
requirements ofSections 304.105 and 302.203.
ic)
The provisions ofsubsections(g), (h), (i). and (1) ofthis Section apply until
such time as the Board adopts a numeric water quality standard for
phosphorus.
(Source: Amended in R87-6 at 14111.
Reg.
6777, effective April 24,
1990, amended in
___________
at
___________
Ill. Reg.
________________,
effective
__________________
2004).)
