ILLINOIS POLLUTION

CONTROL BOARD

April

18,

1996

IN MATTER OF:

)

96-12

)

(Rulemaking

Identical in

PRETREATMENT UPDATE USEPA

)

Substance Rules

-Water)

REGULATION (JULY

1995

THROUGH

)

DECEMBER 31,

1995)

)

PROPOSAL FOR PUBLIC COMMENT

PROPOSED OPINION AND ORDER OF THE BOARD

(by E.

Dunham):

The Board

amending the pretreatment regulations pursuant

to Section

13.3

ofthe

Environmental Protection Act (Act)

(415

ILCS

5/13.3

(1994)).

Section

13.3 of the Act requires the Board

to adopt regulations which are

“identical in

substance” with

federal regulations promulgated

the United States Environmental Protection

Agency (USEPA) to implement the pretreatment requirements of Sections 307 and

402 of the

Clean Water Act,

previOusly known as the Federal Water

Pollution Control Act.

Section

13.3

provides that

Title VII of the Act and

Sections 5

and 6.02 ofthe Administrative Procedure Act

(APA) shall not apply to

identical in substance regulations adopted to

establish the

pretreatment program.

However, Section

13.3

of the Act does require the Board to provide

for notice and public comment before rules are filed with the Secretary of State.

This rulemaking updates the pretreatment rules to

cover USEPA rules adopted from

July

through December 31,

1995.

The following Federal Registers are included:

60 Fed.

Reg.

39586

August 2,

1995

Fed.

Reg.

44670

August 28,

1995

Fed.

Reg.

53529

October

16,

1995

The pretreatment rules govern discharges by industrial users to publicly

owned

treatment

works

(POTWs).

The rules are intended to prevent pollutants from

industrial

discharges from passing

through POTWs,

without adequate treatment,

to waters ofthe State,

and to prevent industrial

discharges from interfering with the operation of the treatment plant.

Effluent

discharges are regulated pursuant to

Iii. Adm.

Code 304

and 309.

The Illinois

pretreatment rules are contained in 35

Ill. Adm.

Code

307,

309

and

310.

Part 307

includes the categorical pretreatment standards,

which are incorporated by reference

from the USEPA rules.

Part 309 sets forth

the NPDES

requirements.

Although

Part 309 does

not pertain directly to sewer users and industrial wastewater pretreatment, it includes

requirements at Section 309.103 that pertain to NPDES permittees required to have an

approved pretreatment program.

Part 310

specifies how a POTW sets up

a pretreatment

program,

and how industrial users get pretreatment permits

or authorizations to discharge.

PUBLIC COMMENTS

The Board proposes amendments to

35 Iii. Adm.

Code

310,

in this proposed opinion

and

order.

The proposed amendments

will soon be published in the Illinois

comment.

The public comment period will end 45

days after the date of publication

in the Illinois

The Board

stresses the importance that commenters make their submissions

promptly and directly to the Clerk of the Board referencing Docket R96-12,

so the Board can

obtain the benefit of the commenters input.

The discussion that follows

indicates each topic on which the Board especially invites

public

comment.

In any

event, the Board construes

silence as no objection to the Board’s

approach to each topic.

DISCUSSION

The USEPA amended

40 CFR Part

136 to

add additional

testing procedures

three

separate rulemakings.

This

rulemaking updates the incorporation of 40 CFR

136

in Section

310.107

include the additional testing

procedures.

Use of approved analytical techniques is

required whenever the waste constituent specified

required to

be measured for an NPDES

permit application; discharge monitoring reports; state certification;

and other requests from

the permitting

authority for quantitative or qualitative effluent data.

Use of approved test

procedures

is also required for the expression of pollutant amounts, characteristics, or

properties in effluent limitations

guidelines and

standards of performance

and pretreatment

standards, unless otherwise specified.

The USEPA

approved the use of an additional procedure for the determination of

chlorinated pesticides

and polychiorinated biphenyls (PCBS)

in wasetewater at 60

Fed.

Reg.

39586

on August 2,

1995.

This

method differs

from other approved methods in

that it

incorporates

a disk of octadecyl-bonded silica enmeshed in a matrix of inert

polyteterafluoretylene (PTFE) fibrils

for extraction of the analytes.

The USEPA approved the use of three additional

test procedures for the determination

of Total Kjeldahl Nitrogen (TKN) at

Fed.

Reg.

44670 on

August 28,

1996.

The USEPA

approved the Perstrop titrimetric,

colorimetric and FIA gas diffusion methods for TKN as

acceptable alternative procedures for nationwide use.

The USEPA amended 40 CFR

136 at 60 Fed.

Reg.

53529

on October

16,

1996 to add

whole effluent toxicity (WET) testing methods to the list of Agency approved methods.

This

action amends 40

CFR 136.3

by adding methods for measuring the acute and short-term

chronic toxicity of effluents and receiving waters.

This rulemaking will reduce cost and

eliminate the confusion caused by

the multiple

versions of any

one test method

in use.

HISTORICAL OUTLINE OF

BOARD PRETREATMENT REGULATION

The Illinois pretreatment

rules

were adopted in

R86-44,

84 PCB

89,

December 3,

1987.

The rules appeared at

Ill. Reg.

2502

(January

29,

1988), effective January

13,

1988.

The Board has updated the pretreatment rules in the following update rulemakings:

R88-11

90 PCB 411,

June 14.

1988;

12 Ill. Reg.

13094,

effective July 29,

1988

(USEPA amendments through December

31,

1987).

R88-18

94 PCB 237,

December

17,

1988;

13 Ill.

Reg.

1794,

effective January

31,

1989 (USEPA amendments January

1988 through June 30,

1988).

R89-3

103

PCB 609,

September

28,

1989;

13 Ill. Reg.

19243,

effective

November

17,

1989

(Part 307) and November 27,

1989 (Part 310)

(USEPA

amendments July

1988

through December 31,

1988).

R89-12

110

PCB

119,

April

12,

1990;

Ill. Reg.

7608,

effective May 8,

1990

(USEPA

amendments January

1989 through June 30,

1989).

R90-6

Dismissed,

109

PCB 629,

March 22,

1990

(No USEPA amendments

July

1989

through December 31,

1989).

R90-15

Dismissed,

June 20,

1991

(No USEPA amendments January

11990

through June 28,

1990).

R91-5

129 PCB 395,

January

23,

1992;

16 Ill.

Reg.

7377

(Part 307);

7337

(Part 309);

7346

(Part 310);

effective April 27,

1992.

(USEPA

amendments June 29,

1990 through December

31,

1990).

R91-17

Dismissed,

December 6,

1991

(No USEPA amendments January

1991

through June 30,

1991).

R92-5

Dismissed,

April

1992

(No USEPA amendments July

1991

through

December

31,

1991).

R92-14

Dismissed,

August

13,

1992

(No USEPA amendments January

1992

through June 30,

1992).

R93-2

September 9,

1993,

Iii.

Reg.

19483 effective October 29,

1993

(USEPA amendments July

1992 through December 31,

1992).

R93-20

Dismissed April 9,

1992

(No USEPA amendments January

1993

through June 30,

1993).

R94-10

May

18,

1995,

III. Reg.

9142

effective June 23,

1995 (USEPA

amendments July

1993

through December 31,

1993).

R94-28

Dismissed

October 6,

1994

(No USEPA

amendments January

1994

through June

30,

1994).

R95-8

Dismissed February

16,

1994

(USEPA amendments July

1994

through December 31,

1994).

R95-22

March 21,

1995,

20 Ill.

Reg.

5533,

effective April

1995

(USEPA

amendments January

1995

through June 30,

1995).

R96-12

This docket.

ORDER

The Board hereby proposes the following amendments to the Illinois

wastewater

treatment

regulations at Section 310.107:

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE C:

WATER POLLUTION

CHAPTER

POLLUTION CONTROL BOARD

PART 310

PRETREATMENT PROGRAMS

SUBPART A:

GENERAL PROVISIONS

Section 310.107

Incorporations by

Reference

The following publications are incorporated by

reference:

The consent decree

NRDC v.

Costle,

12 Environment Reporter Cases

1833 (D.C. Cir. August 16, 1978).

2)

 Standard Industrial Classification Manual (1972), and 1977

Supplement,

republished in

1983,

available from the Superintendent of Documents,

U.S.

Government Printing Office,

Washington, D.C.

20401.

The following provisions of the Code of Federal Regulations

are incorporated

by reference:

40 CFR 2.302 (1994)

40CFR 25 (1994)

40 CFR

122,

Appendix D, Tables II and III (1994)

40 CFR 128.140(b) (1977)

40 CFR

136 (1994~),as amended

60 Fed.

Reg.

17160,

April 4,

199539586, August 2. 1995, 60Fed. Reg.

44670.

August 28.

1995

and

60 Fed. Reg. 53529. October 16, 1995

CFR 403

(1994k), a~

amended

60 Fed.

Reg.

33926

effective June

29,

1995

40CFR

403,

Appendix

 (1994)

The following federal

statutes

are incorporated by

reference:

Section

1001 of the Criminal Code

(18 U.S.C.

1001) as ofJuly

1988

Clean Water Act

(33 U.S.C.

1251

et seq) as of July

1988

Subtitles

and D of the Resource Conservation and Recovery Act (42

U.S.C.

6901

et seq.) as of July

1988

This Part

incorporates no future editions or amendments.

(Source:

Amended at 20 Ill.

Reg.

__________,

effective

_____________________)

IT IS SO ORDERED.

I, Dorothy M.

Gunn, Clerk of the Illinois

Pollution Control Board,

hereby certify that

the above opinion and order was adopted on the

day of

_____________,

1996,

vote of

_____________.

Dorothy M. Gunjz7Clerk

Illinois PolIutio~ontrolBoard