ILLINOIS POLLUTION CONTROL BOARD
November 15, 2001
IN THE MATTER OF: )
)
WASTEWATER PRETREATMENT ) R02-9
UPDATE, USEPA AMENDMENTS ) (Identical-in-Substance
(October 3, 2001) ) Rulemaking - Public Water Supply)
Proposed Rule. Proposal for Public Comment.
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
The Board received a motion for expedited consideration from the Illinois Environmental
Protection Agency (Agency) and the Metropolitan Water Reclamation District of Greater
Chicago (MWRDGC) on October 31, 2001. By that motion, the Agency and the MWRDGC
requested that the Board expedite consideration of certain amendments adopted by United States
Environmental Protection Agency (USEPA) on October 3, 2001. Those federal amendments are
intended to implement the federal Project eXellence and Leadership (Project XL). The joint
motion requested that the Board incorporate the October 3, 2001 federal amendments into the
wastewater pretreatment amendments proposed by the Board in Wastewater Pretreatment
Update, USEPA Amendments (January 1, 2001 through June 30, 2001), R02-3 (October 4,
2001).
The Board has considered the joint motion for expedited consideration, and we will grant
the motion by considering the federal amendments of October 3, 2001, under this separate
docket. We will not consider the federal amendments in the pending wastewater pretreatment
update docket, R02-3. The Notice of Proposed Amendments for the R02-3 proceeding has
already appeared in the
Illinois Register
, on October 26, 2001 (at 25 Ill. Reg. 13373). The R02-3
proceeding further involves a very narrow subject matter that is distinct from the federal
amendments of October 3, 2001; R02-3 involves a single set of federal technical corrections to
the test procedures for determination of mercury in water and wastewater, adopted by USEPA on
June 18, 2001 (at 66 Fed. Reg. 32774). It will require only an update of the version of 40 C.F.R.
136 incorporated by reference in 35 Ill. Adm. Code 310.107. Opening this separate docket is the
more appropriate action under these circumstances.
Under Sections 7.2 and 13.3 of the Environmental Protection Act (Act) (415 ILCS 5/7.2
and 13.3 (2000)), the Board today proposes amendments to the Illinois regulations that are
“identical in substance” to wastewater pretreatment regulations that the USEPA adopted to
implement Sections 307(b), (c), and (d) and 402(b)(8) and (b)(9) of the federal Water Pollution
Control Act (FWPCA) (33 U.S.C. §§ 1317(b), (c), and (d) and 1342(b)(8) and (b)(9) (1994)).
The federal action that underlies this docket includes the federal wastewater pretreatment
amendments that USEPA adopted on October 3, 2001.
Sections 7.2 and 13.3 provide for quick adoption of regulations that are identical in
substance to federal wastewater pretreatment regulations that USEPA adopts to implement
2
Sections 307(b), (c), and (d) and 402(b)(8) and (b)(9) of the FWPCA. Section 13.3 also provides
that Title VII of the Act and Section 5 of the Administrative Procedure Act (APA) (5 ILCS
100/5-35 and 5-40 (2000)) do not apply to the Board’s adoption of identical-in-substance
regulations. The federal wastewater pretreatment regulations are found at 40 C.F.R. 400 through
499.
The Board will cause the proposed amendments to be published in the
Illinois Register
and will hold the docket open to receive public comments for 45 days after the date of
publication.
THE FEDERAL ACTION CONSIDERED IN THIS RULEMAKING
On October 3, 2001 (at 66 Fed. Reg. 50334), USEPA amended the federal wastewater
pretreatment regulations to facilitate its Project XL. Project XL allows the imposition of
alternative requirements to the generally applicable environmental regulations for the sake of
achieving greater environmental benefits by alternative means. The specific October 3, 2001
Project XL action incorporated a new provision in the federal wastewater pretreatment
regulations that would allow the State to issue permits that relax the generally applicable
regulations in favor of imposing alternative requirements that would confer greater
environmental benefits than would compliance with the generally applicable rules. USEPA
undertook the October 3, 2001 Project XL action for the immediate benefit of five publicly
owned treatment works (POTWs), including the MWRDGC, which is regulated under the
Illinois wastewater pretreatment program.
1
The new provision added to the federal regulations,
however, is drafted broadly enough that it would apply to other POTWs in the future.
DISCUSSION
The Board incorporated the October 3, 2001 federal amendments to the wastewater
pretreatment regulations into the Illinois wastewater pretreatment regulations with minimal
deviation from the federal text. Persons interested in the substance of the underlying federal
action should refer to the notice that appeared in the October 3, 2001 issue of the
Federal
Register
. This discussion considers only incorporating the federal Project XL provision into the
Illinois regulations. The Board has found it necessary to deviate from the text of the federal
regulations, and this discussion focuses on those deviations.
The first addition to the federal text is the addition of a definition of “Project XL” to the
Illinois regulations. We added this definition to Section 310.110, the centralized body of
definitions intended for use with the wastewater pretreatment regulations. To define “Project
XL” the Board referred to the federal “Project for eXcellence and Leadership” and facility-based
and community-based regulatory reinvention projects as described in the two
Federal Register
notices that announced initiation of the federal program. On May 23, 1995, at 60 Fed. Reg.
27282, USEPA announced the program for facility-based projects, and on November 1, 1995, at
1
The other four POTWs are the following: The Narragansett Bay Commission in Rhode Island,
the Jeffersontown Wastewater Treatment Plant in Kentucky, the City of Albuquerque, New
Mexico, and the City of Denton, Texas.
3
60 Fed. Reg. 55569, USEPA announced expansion of the program to include community-based
projects. The definition refers to both
Federal Register
notices. The Board invites comment on
our added definition of “Project XL.”
A second deviation from the federal text relates to the structural changes made in
adapting 40 C.F.R. 403 into the Illinois rules at 35 Ill. Adm. Code 310. Many of the federal
provisions have been divided into several Sections in the Illinois regulations. Often, a single
federal provision equates to a Subpart of Part 310 of the Illinois rules. In codifying the new
Project XL-related federal provision, 40 C.F.R. 403.20, the Board has modified the federal text
to make the rule conform to this existing codification scheme. We have codified new 40 C.F.R.
403.20 as a single Section, 35 Ill. Adm. Code 310.930, but we have placed it in a new Subpart L,
pertaining to federal Project XL agreements.
A less desireable alternative is to place this new Section in existing Subpart K, which
currently includes a few Sections based on 40 C.F.R. 403.18, relating to modification of
pretreatment programs. This alternative, however, would require deviation from the existing
structure of the Part 310, and it could lead to confusion of the two distinct subject matters of
existing Subpart K and Section 310.930. The Board requests comments on our creation of
Subpart L for new Section 310.930.
A third set of deviations from the federal text relates to the structure of the rule. The
Board has divided the federal text into a preamble and two subsections, (a)(1) and (a)(2). We
believe that this division enhances the clarity of the text by separating the general ability of the
Agency to issue permits based on Project XL agreements (in the preamble), the requirement for
the POTW to submit alternative requirements as a substantial program modification (in
subsection (a)(1)), and the requirement for inclusion of a reopener clause in the permit (in
subsection (a)(2)). We have designated the federally derived text as subsections (a)(1) and
(a)(2), rather than as subsections (a) and (b) because the Board has added language to this
provision to conform it to the Illinois regulatory scheme, as described below. We invite
comment on our division of the federally derived text into three segments to enhance the clarity
of the rule.
A fourth set of deviations from the text of 40 C.F.R. 403.20 relates to differences in the
federal and Illinois regulatory schemes. At the federal level, one agency, USEPA, establishes
general regulations, issues environmental permits, and grants exceptions or variances from the
generally applicable rules. In Illinois, these functions are divided between the Agency and the
Board. The Board establishes the Illinois environmental standards and grants variances or
adjusted standards from those standards. 415 ILCS 5/5 (1998). The Agency issues all
environmental permits and participates directly with USEPA to resolve issues relating to the
implementation of federal programs in Illinois. 415 ILCS 5/4 (1998). Basically, this means that
the Agency will participate with USEPA in the development of any Project XL agreement
relating to an Illinois facility, but also that the Board must grant any necessary relief from the
general rule needed to implement that Project XL agreement.
The Act establishes the mechanisms that the Board must use to grant regulatory relief.
These are by rulemaking (415 ILCS 5/27 and 28 (1998)), by an adjusted standard (415 ILCS
4
5/28.1 (1998)), or by a variance (415 ILCS 5/35 through 28 (1998)). In order for the
implementation of a Project XL agreement to occur in accordance with Illinois law, the Board
must grant one form of this relief or another from any regulation that would stand as an
impediment to that implementation. For this reason, the Board has conditioned the authority of
the Agency to authorize alternative requirements on fulfillment of the requirements of an added
subsection (b).
Subsection (b) essentially provides for prior Board approval of a Project XL agreement
before the Agency and the affected POTW may proceed to implement the agreement. In this
provision, the Board differentiates between the Project XL agreement involving the MWRDGC,
which USEPA has essentially endorsed by rule, and any subsequent Project XL agreements for
which such federal approval by rule is unlikely. In subsection (b)(1) we grant our approval
(using our identical-in-substance rulemaking authority) to the August 30, 2001 agreement among
the Agency, USEPA, and MWRDGC that prompts this action. In subsection (b)(2) we provide
for Board approval of any subsequent Project XL agreements by alternative means.
The Section 310.930(b)(1) approval of the MWRDGC Project XL agreement by rule is
appropriate under the circumstances involved here, since USEPA has essentially adopted this
Project XL agreement by rule. The MWRDGC, USEPA, and the Agency completed
negotiations and entered into the agreement prior to October 3, 2001, and in the October 3, 2001
USEPA rulemaking delegating authority to the states to modify permits consistent with Project
XL agreements, USEPA described the current MWRDGC as one of five approved in the
Federal
Register
announcement. This is similar to our experience with the waste delisting procedure of
35 Ill. Adm. Code 720.122(m), under which the Board incorporates federally granted hazardous
waste delistings into the Illinois hazardous waste regulations using the identical-in-substance
procedure.
Section 310.930(b)(2) provides for Board approval of subsequent Project XL agreements
by means that require substantive review by the Board. This is because we do not anticipate that
USEPA will similarly adopt rules when approving a Project XL agreement in the future. Rather,
the Board expects a situation similar to that currently surrounding hazardous waste delistings.
After USEPA authorized the State to grant hazardous waste delistings, USEPA essentially
ceased granting hazardous waste delistings for Illinois facilities by rule. As a result, the Board
began substantive review of petitions for delisting using the adjusted standard procedure. For
these reasons, the means provided for approval of future agreements are the rulemaking authority
of Sections 27 and 28 of the Act, the adjusted standard authority of Section 28.1 of the Act, and
in the variance authority of Title IX of the Act. We omit a reference to our identical-in-
substance authority under Sections 7.2 and 13.3 of the Act. The Board invites comment on
Section 310.930(b)(1) and (b)(2). We request comment on the mechanisms provided under
subsection (b)(2) for Board approval of future Project XL agreements.
PUBLIC COMMENTS
The Board will receive public comments on this proposal for 45 days following its
publication in the
Illinois Register
. After that time, the Board will immediately consider
adoption of the amendments, making any necessary changes made evident through the public
5
comments. The Board will file any adopted rules with the Secretary of State immediately after
adoption.
The following discussion begins with a description of the types of deviations the Board
makes from the literal text of federal regulations in adopting identical-in-substance rules. It is
followed by a discussion of the amendments and actions undertaken in direct response to the
federal actions involved in this proceeding. This first series of discussions is organized by
federal subject matter, generally appearing in chronological order of the relevant
Federal
Register
notices involved. Finally, this discussion closes with a description of the amendments
and actions that are not directly derived from the federal actions.
General Revisions and Deviations from the Federal Text
In incorporating the federal rules into the Illinois system, some deviation from the federal
text is unavoidable. This deviation arises primarily through differences between the federal and
state regulatory structure and systems. Some deviation also arises through errors in and
problems with the federal text itself. The Board conforms the federal text to the Illinois rules
and regulatory scheme and corrects errors that we see in the text as we engage in these routine
update rulemakings.
In addition to the amendments derived from federal amendments, the Board often finds it
necessary to alter the text of various passages of the existing rules as provisions are opened for
update in response to USEPA actions. This involves correcting deficiencies, clarifying
provisions, and making other changes that are necessary to establish a clear set of rules that
closely parallel the corresponding federal requirements within the codification scheme of the
Illinois Administrative Code.
The Board updates the citations to the
Code of Federal Regulations
to the most recent
version available. As of the date of this opinion, the most recent version of the
Code of Federal
Regulations
available to the Board is the July 1, 2000 version. Thus, we have updated all
citations to the 2000 version, adding references to later amendments using their appropriate
Federal Register
citation, where necessary.
The Board has assembled a table to aid in the location of these alterations and to briefly
outline their intended purpose. The table sets forth the miscellaneous corrections to the pre-
amended base text of the rules in detail. The table is set forth and explained beginning on the
next page of this opinion and order. There is no further discussion of most of the deviations and
revisions elsewhere in this opinion.
Discussion of Miscellaneous Housekeeping Amendments
The tables below list numerous corrections and amendments that are not based on current
federal amendments. The first table (beginning immediately below) includes deviations made in
this Proposal for Public Comment from the verbatim text of the federal amendments. The
second table (beginning below at page 7) contains corrections and clarifications that the Board
made in the base text involved in this proposal. The amendments listed in this second table are
6
not directly derived from the current federal amendments. Some of the entries in these tables are
discussed further in appropriate segments of the general discussion beginning at page 4 of this
opinion.
Table 1:
Deviations from the Text of the Federal Amendments
Illinois Section 40 C.F.R. Section Revision(s)
310.930 preamble 403.20 Added the precondition “once the POTW
. . .”; changed “approval authority” to
“Agency”; added parenthetical “by a
permit. . . . the Act” offset by commas;
changed “publicly owned treatment works
(POTW)” to the defined abbreviation
“POTW”; removed the quotation marks
from the defined term, “Project XL”;
added the precondition “approved under
subsection (b)”; removed unnecessary
capitalization from pretreatment program”
310.930(a) 403.20 Subdivided the text and added the
subsection
310.930(a)(l) 403.20 Subdivided the text and added the
subsection designation; changed
“§ 403.18” to “Subpart K of this Part”;
added “before the POTW may implement
it”
310.930(a)(2) 403.20 Subdivided the text and added the
subsection designation; changed
“approval authority” to “Agency” (twice);
used lower-case “local pilot pretreatment
program”; added “embodied in the Project
XL agreement”; removed the quotation
marks from the defined term, “Project
XL”; added “pursuant to its own terms”
310.930(b) 403.20 Added a subsection relating to Board
approval of a Project XL agreement
310.930(b)(l) 403.20 Added a subsection relating to Board
approval of the October 3, 2001 Project
XL agreement
310.930(b)(2) 403.20 Added a subsection relating to prior Board
approval of any future Project XL
agreement
7
Table2 :
Board Housekeeping Amendments
Section Source Revision(s)
310. table of contents Board Added new Subpart L designation
310.110 “Act” Board Changed the Illinois Revised Statutes citation to the
Illinois Compiled Statutes citation
310.110 “Approval
Authority” Board note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “approved
POTW pretreatment
program” Board note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “approved
POTW pretreatment
program”
Board Changed “which” to “that” for a restrictive relative
clause
310.110 “authorization
to discharge”
Board Changed “which” to “that” for a restrictive relative
clause
310.110 “blowdown”
Board note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “CWA”
Board note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “indirect
discharge” Board note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “industrial
user”
Board Removed the quotation marks from the subsequent
appearance of the defined term, “industrial user”; added
“the person” to complete the sentence in each
paragraph subdivision (six times); changed the ending
periods to semicolons (five times); used lower case for
the conjunction “or” and deleted the ending comma
310.110 “industrial
user” Board note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “interference” Board Changed “which” to “that” for a restrictive relative
clause; changed “both” to “for which both of the
following is true”; added “the discharge” (three times);
changed “therefore” to “as a result of the inhibition of
disruption” as a parenthetical offset by a comma;
removed the quotation marks from the term, “sludge
requirements”
310.110 “interference”
Board note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “new source” Board Removed the quotation marks from the term, “new
source”
310.110 “new source”
Board note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
8
310.110 “noncontact
cooling water”
Board Changed “which” to “that” for a restrictive relative
clause
310.110 “noncontact
cooling water” Board
note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “noncontact
cooling water
pollutants” Board note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “NPDES
permit” Board note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “pass
through”
Board Changed “which” to “that” for a restrictive relative
clause
310.110 “pass
through” Board note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “person” Board Added a comma to separate the final element of a series
310.110 “person”
Board note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “pollutant” Board Changed commas to semicolons to separate the
elements of a series containing a sub-series (15 times);
added a semicolon to separate the final element of a
series containing a sub-series; added a comma to
separate the final element of a series
310.110 “pollutant”
Board note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “pollution” Board Added a comma to separate the final element of a series
310.110 “pollution”
Board note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “POTW
treatment plant”
Board Changed “which” to “that” for a restrictive relative
clause
310.110 “POTW
treatment plant” Board
note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110
“pretreatment”
Board Changed “which” to “that” for a restrictive relative
clause
310.110
“pretreatment” Board
note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “pretreatment
permit”
Board Changed “which” to “that” for a restrictive relative
clause
310.110 “pretreatment
requirements” Board
note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “pretreatment
standard”
Board Added a comma to separate the final element of a
series; changed “which” to “that” for a restrictive
relative clause
9
310.110 “pretreatment
standard” Board note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “process
wastewater”
Board Changed “which” to “that” for a restrictive relative
clause
310.110 “process
wastewater” Board
note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “process
wastewater pollutants”
Board note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “Project XL” Board Added the definition of the term “Project XL”
310.110 “publicly
owned treatment
works”
Board Added a comma to separate the final element of a series
(twice); changed “which” to “that” for a restrictive
relative clause (twice)
310.110 “publicly
owned treatment
works” Board note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “schedule of
compliance” Board
note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “significant
industrial user”
Board Added a comma to separate the final element of a
series; changed “which” to “that” for a restrictive
relative clause
310.110 “significant
industrial user” Board
note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “sludge
requirements” Board
note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “submission”
Board note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “treatment
works”
Board Added a comma to separate the final element of a series
(twice)
310.110 “treatment
works” Board note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.110 “unit of local
government”
Board Removed the quotation marks from the subsequent
appearance of the defined term, “industrial user”
310.110 “unit of local
government” Board
note
Board Updated the cited version of the
Code of Federal
Regulations
to the latest edition available
310.Subpart L Board Added the new Subpart heading
ORDER
The complete text of the proposed amendments follows:
10
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 310
PRETREATMENT PROGRAMS
SUBPART A: GENERAL PROVISIONS
Section
310.101 Applicability
310.102 Objectives
310.103 Federal Law
310.104 State Law
310.105 Confidentiality
310.107 Incorporations by Reference
310.110 Definitions
310.111 New Source
SUBPART B: PRETREATMENT STANDARDS
Section
310.201 General Prohibitions
310.202 Specific Prohibitions
310.210 Specific Limits Developed by POTW
310.211 Local Limits
310.220 Categorical Standards
310.221 Category Determination Request
310.222 Deadline for Compliance with Categorical Standards
310.230 Concentration and Mass Limits
310.232 Dilution
310.233 Combined Wastestream Formula
SUBPART C: REMOVAL CREDITS
Section
310.301 Special Definitions
310.302 Authority
310.303 Conditions for Authorization to Grant Removal Credits
310.310 Calculation of Revised Discharge Limits
310.311 Demonstration of Consistent Removal
310.312 Provisional Credits
310.320 Compensation for Overflow
310.330 Exception to POTW Pretreatment Program
310.340 Application for Removal Credits Authorization
310.341 Agency Review
310.343 Assistance of POTW
310.350 Continuation of Authorization
11
310.351 Modification or Withdrawal of Removal Credits
SUBPART D: PRETREATMENT PERMITS
Section
310.400 Preamble
310.401 Pretreatment Permits
310.402 Time to Apply
310.403 Imminent Endangerment
310.410 Application
310.411 Certification of Capacity
310.412 Signatures
310.413 Site Visit
310.414 Completeness
310.415 Time Limits
310.420 Standard for Issuance
310.421 Final Action
310.430 Conditions
310.431 Duration of Permits
310.432 Schedules of Compliance
310.441 Effect of a Permit
310.442 Modification
310.443 Revocation
310.444 Appeal
SUBPART E: POTW PRETREATMENT PROGRAMS
Section
310.501 Pretreatment Programs Required
310.502 Deadline for Program Approval
310.503 Incorporation of Approved Programs in Permits
310.504 Incorporation of Compliance Schedules in Permits
310.505 Reissuance or Modification of Permits
310.510 Pretreatment Program Requirements
310.521 Program Approval
310.522 Contents of Program Submission
310.524 Content of Removal Allowance Submission
310.531 Agency Action
310.532 Defective Submission
310.533 Water Quality Management
310.541 Deadline for Review
310.542 Public Notice and Hearing
310.543 Agency Decision
310.544 USEPA Objection
310.545 Notice of Decision
310.546 Public Access to Submission
310.547 Appeal
12
SUBPART F: REPORTING REQUIREMENTS
Section
310.601 Definition of Control Authority
310.602 Baseline Report
310.603 Compliance Schedule
310.604 Report on Compliance with Deadline
310.605 Periodic Reports on Compliance
310.606 Notice of Potential Problems
310.610 Monitoring and Analysis
310.611 Requirements for Non-Categorical Standard Users
310.612 Annual POTW Reports
310.613 Notification of Changed Discharge
310.621 Compliance Schedule for POTW’s
310.631 Signatory Requirements for Industrial User Reports
310.632 Signatory Requirements for POTW Reports
310.633 Fraud and False Statements
310.634 Recordkeeping Requirements
310.635 Notification of Discharge of Hazardous Waste
SUBPART G: FUNDAMENTALLY DIFFERENT FACTORS
Section
310.701 Definition of Requester
310.702 Purpose and Scope
310.703 Criteria
310.704 Fundamentally Different Factors
310.705 Factors which are Not Fundamentally Different
310.706 More Stringent State Law
310.711 Application Deadline
310.712 Contents of FDF Request
310.713 Deficient Requests
310.714 Public Notice
310.721 Agency Review of FDF Requests
310.722 USEPA Review of FDF Requests
SUBPART H: ADJUSTMENTS FOR POLLUTANTS IN INTAKE
Section
310.801 Net/Gross Calculation by USEPA
SUBPART I: UPSETS
Section
310.901 Definition
310.902 Effect of an Upset
310.903 Conditions Necessary for an Upset
310.904 Burden of Proof
310.905 Reviewability of Claims of Upset
310.906 User Responsibility in Case of Upset
13
SUBPART J: BYPASS
Section
310.910 Definition
310.911 Bypass Not Violating Applicable Pretreatment Standards or Requirements
310.912 Notice
310.913 Prohibition of Bypass
SUBPART K: MODIFICATION OF POTW PRETREATMENT PROGRAMS
Section
310.920 General
310.921 Substantial Modifications Defined
310.922 Approval Procedures for Substantial Modifications
310.923 Approval Procedures for Non-Substantial Modifications
310.924 Incorporation of Modifications into the Permit
310.930 Federally-Approved Pretreatment Program Reinvention Pilot Projects Under
Project XL
SUBPART L: FEDERAL PROJECT XL AGREEMENTS
Section
310.930 Federally-Approved Pretreatment Program Reinvention Pilot Projects Under
Project XL
AUTHORITY: Implementing and authorized by Sections 7.2, 13, 13.3, and 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 13, 13.3 and 27].
SOURCE: Adopted in R86-44 at 12 Ill. Reg. 2502, effective January 13, 1988; amended in R88-
18 at 13 Ill. Reg. 2463, effective January 31, 1989; amended in R89-3 at 13 Ill. Reg. 19243,
effective November 27, 1989; amended in R89-12 at 14 Ill. Reg. 7608, effective May 8, 1990;
amended in R91-5 at 16 Ill. Reg. 7346, effective April 27, 1992; amended in R95-22 at 20 Ill.
Reg. 5533, effective April 1, 1996; amended in R96-12 at 20 Ill. Reg. 10671, effective July 24,
1996; amended in R97-7 at 21 Ill. Reg. 5163, effective April 10, 1997; amended in R98-23 at 22
Ill. Reg. 11465, effective June 22, 1998; amended in R99-17 at 23 Ill. Reg. 8412, effective July
12, 1999; amended in R00-7 at 24 Ill. Reg. 2372, effective January 26, 2000; amended in R00-15
at 24 Ill. Reg. 11633, effective July 24, 2000; amended in R01-5 at 25 Ill. Reg. 1322, effective
January 11, 2001; amended in R01-25 at 25 Ill. Reg. 10860, effective August 14, 2001; amended
in R02-3 at 26 Ill. Reg. ________, effective ______________________; amended in R02-9 at 26
Ill. Reg. ________, effective ______________________.
SUBPART A: GENERAL PROVISIONS
Section 310.110 Definitions
“Act” means the Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111 1/2,
par. 1001 et seq.) [415 ILCS 5].
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“Agency” means the Illinois Environmental Protection Agency.
“Approval Authority” means the Agency.
BOARD NOTE: Derived from 40 CFR 403.3(c) (1991) (2000).
“Approved POTW Pretreatment Program” or “Program” or “POTW Pretreatment
Program” means a program administered by a POTW which that has been
approved by the Agency in accordance with Sections 310.541 through 310.546.
BOARD NOTE: Derived from 40 CFR 403.3(d) (1991) (2000).
“Authorization to discharge” means an authorization issued to an industrial user
by a POTW which that has an approved pretreatment program. The authorization
may consist of a permit, license, ordinance or other mechanism as specified in the
approved pretreatment program.
“Blowdown” means the minimum discharge of recirculating water for the purpose
of discharging materials contained in the water, the further buildup of which
would cause concentration in amounts exceeding limits established by best
engineering practice.
BOARD NOTE: Derived from 40 CFR 401.11(p) (1991) (2000).
“Board” means the Illinois Pollution Control Board.
“CWA” means Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, incorporated by reference in Section 310.107.
BOARD NOTE: Derived from 40 CFR 403.3(b) (1991) (2000).
“Control authority” is as defined in Section 310.601.
“Indirect Discharge” or “Discharge” means the introduction of pollutants into a
POTW from any non-domestic source regulated under Section 307(b), (c) or (d)
of the CWA (33 U.S.C. 1317(b), (c) or (d)).
BOARD NOTE: Derived from 40 CFR 403.3(g) (1991) (2000).
“Industrial User” or “User” means a source of indirect discharge. As used in this
Part, an “industrial user” includes any person who meets any of the following
criteria:
Discharges The person discharges toxic pollutants as defined by 35 Ill.
Adm. Code 307.1005.;
Is The person is subject to a categorical standard adopted or incorporated
by reference in 35 Ill. Adm. Code 307.;
Discharges The person discharges more than 15% of the total hydraulic
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flow received by the POTW treatment plant.;
Discharges The person discharges more than 15% of the total biological
loading of the POTW treatment plant as measured by the 5-day
biochemical oxygen demand.;
Has The person has caused pass through or interference. Or,; or
Has The person has presented an imminent endangerment to the health or
welfare of persons.
BOARD NOTE: Derived from 40 CFR 403.3(h) (1991) (2000).
“Industrial wastewater” means waste of a liquid nature discharged by an
industrial user to a sewer tributary to a POTW.
“Interference” means a discharge which, alone or in conjunction with a discharge
or discharges from other sources, for which both of the following is true:
Inhibits The discharge inhibits or disrupts the POTW, its treatment
processes or operations, or its sludge processes, use or disposal; and
Therefore As a result of the inhibition of disruption, the discharge is a
cause of a violation of any requirement of the POTW's NPDES permit
(including an increase in the magnitude or duration of a violation) or of
the prevention of sewage sludge disposal in compliance with any “sludge
requirements.”
BOARD NOTE: Derived from 40 CFR 403.3(i) (1991) (2000).
“Municipal sewage” is sewage treated by a POTW exclusive of its industrial
component.
“Municipal sludge” is sludge produced by a POTW treatment works.
“Municipality.” See “unit of local government.”
“New source” means “new source” as defined in Section 310.111.
BOARD NOTE: Derived from 40 CFR 401.11(c) and 403.3(k) (1991) (2000).
“Noncontact cooling water” means water used for cooling which that does not
come into direct contact with any raw material, intermediate product, waste
product or finished product.
BOARD NOTE: Derived from 40 CFR 401.11(n) (1991) (2000).
“Noncontact cooling water pollutants” means pollutants present in noncontact
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cooling waters.
BOARD NOTE: Derived from 40 CFR 401.11(o) (1991) (2000).
“NPDES Permit” means a permit issued to a POTW pursuant to Section 402 of
the CWA, or Section 12(f) of the Act and 35 Ill. Adm. Code 309.Subpart A.
BOARD NOTE: Derived from 40 CFR 403.3(l) (1991) (2000).
“O and M” means operation and maintenance.
“Pass through” means a discharge of pollutants which that exits the POTW into
waters of the State in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a violation of any
requirement of the POTW's NPDES permit (including an increase in the
magnitude or duration of a violation).
BOARD NOTE: Derived from 40 CFR 403.3(n) (1991) (2000).
“Person” means an individual, corporation, partnership, association, State, “unit
of local government” or any interstate body. This term includes the United States
government, the State of Illinois, and their political subdivisions.
BOARD NOTE: Derived from 40 CFR 401.11(m) (1991) (2000) and 33 U.S.C.
1362(5).
“Pollutant” means dredged spoil,; solid waste,; incinerator residue,; sewage,;
garbage,; sewage sludge,; munitions,; chemical wastes,; biological materials,;
radioactive materials,; heat,; wrecked or discarded equipment,; rock,; sand,; cellar
dirt; and industrial, municipal, and agricultural waste discharged into a sewer.
BOARD NOTE: Derived from 40 CFR 401.11(f) (1991) (2000).
“Pollution” means the man-made or man-induced alteration of the chemical,
physical, biological, and radiological integrity of water.
BOARD NOTE: Derived from 40 CFR 401.11(g) (1991) (2000).
“POTW” means “Publicly Owned Treatment Works,” which is defined below.
“POTW Treatment Plant” means that portion of the POTW which that is designed
to provide treatment (including recycling and reclamation) of municipal sewage
and industrial wastewater.
BOARD NOTE: Derived from 40 CFR 403.3(p) (1991) (2000).
“Pretreatment” means the reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties in wastewater
prior to or in lieu of discharging or otherwise introducing such pollutants into a
POTW. The reduction or alteration may be obtained by physical, chemical or
biological processes, process changes or by other means, except as prohibited by
Section 310.232. Appropriate pretreatment technology includes control
equipment, such as equalization tanks or facilities, for protection against surges or
17
slug loadings which that might interfere with or otherwise be incompatible with
the POTW. However, where wastewater from a regulated process is mixed in an
equalization facility with unregulated wastewater or with wastewater from
another regulated process, the effluent from the equalization facility must meet an
adjusted pretreatment limit calculated in accordance with Section 310.233.
BOARD NOTE: Derived from 40 CFR 403.3(q) (1991) (2000).
“Pretreatment permit” means an authorization to discharge to a sewer which that
is issued by the Agency as the control authority.
“Pretreatment requirements” means any substantive or procedural requirement
related to pretreatment, other than a pretreatment standard, imposed on an
industrial user.
BOARD NOTE: Derived from 40 CFR 403.3(r) (1991) (2000).
“Pretreatment standard,” or “standard” means any regulation containing pollutant
discharge limits promulgated by USEPA, and incorporated by reference in 35 Ill.
Adm. Code 307. This term includes prohibitive discharge limits established
pursuant to Section 310.201 through 310.213 or 35 Ill. Adm. Code 307.1101.
This term also includes more stringent prohibitions and standards adopted by the
Board in this Part or 35 Ill. Adm. Code 307, including 35 Ill. Adm. Code
307.1101, 307.1102, and 307.1103. The term also includes local limits pursuant
to Section 310.211 which that are a part of an approved pretreatment program.
BOARD NOTE: Derived from 40 CFR 403.3(j) (1991) (2000).
“Process wastewater” means any water which that, during manufacturing or
processing, comes into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product or waste
product.
BOARD NOTE: Derived from 40 CFR 401.11(q) (1991) (2000).
“Process wastewater pollutants” means pollutants present in process wastewater.
BOARD NOTE: Derived from 40 CFR 401.11(r) (1991) (2000).
“Project XL” means the federal Project for eXcellence and Leadership or a
federally approved facility- or community-based regulatory reinvention (XL) pilot
project, as such are described in the Federal Register notices of May 23, 1995 (60
Fed. Reg. 27282) and November 1, 1995 (60 Fed. Reg. 55569).
“Publicly owned treatment works” or “POTW” means a “treatment works” which
that is owned by the State of Illinois or a “unit of local government.” This
definition includes any devices and systems used in the storage, treatment,
recycling, and reclamation of municipal sewage or industrial wastewater. It also
includes sewers, pipes, and other conveyances only if they convey wastewater to
a POTW treatment plant. The term also means the “unit of local government”
which that has jurisdiction over the indirect discharges to and the discharges from
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such a treatment works.
BOARD NOTE: Derived from 40 CFR 403.3(o) (1991) (2000).
“Schedule of compliance” means a schedule of remedial measures included in an
authorization to discharge or a pretreatment permit, or an NPDES permit,
including an enforceable sequence of interim requirements (for example, actions,
operations or milestone events) leading to compliance with this Part and 35 Ill.
Adm. Code 307. A schedule of compliance does not protect an industrial user or
POTW from enforcement.
BOARD NOTE: Derived from 40 CFR 401.11(m) (1991) (2000) and 33 U.S.C.
1362(17).
“Significant industrial user” means as follows:
All industrial users subject to categorical pretreatment standards under
Section 310.220 through 310.233 and 35 Ill. Adm. Code 307, and
Any other industrial user that discharges an average of 25,000 gallons per
day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling, and boiler blowdown wastewater); contributes a
process wastestream which that makes up five percent or more of the
average dry weather hydraulic or organic capacity of the POTW treatment
plant; or is designated as such by the control authority, as defined in
Section 310.601, on the basis that the industrial user has a reasonable
potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement (in accordance with Section
310.510(f)); except, upon a finding that an industrial user meeting the
criteria of this second subsection of this definition has no reasonable
potential for adversely affecting the POTW's operation of for violating any
pretreatment standard or requirement, the control authority, as defined in
Section 310.601, may at any time, on its own initiative or in response to a
petition received from an industrial user or POTW may determine in
accordance with Section 310.510(f) that such industrial user is not a
significant industrial user.
BOARD NOTE: Derived from 40 CFR 403.3(t) (1991) (2000).
“Sludge requirements” means any of the following permits or regulations: 35 Ill.
Adm. Code 309.155 (NPDES Permits), 309.208 (Permits for Sites Receiving
Sludge for Land Application), 703.121 (RCRA Permits), 807.202 (Solid Waste
Permits), the Toxic Substances Control Act (15 U.S.C. 2601) or the Marine
Protection, Research and Sanctuaries Act (33 U.S.C. 1401), Section 39(b) of the
Act (NPDES Permits), and Section 405(b) of the Clean Water Act (federally-
imposed sludge use and management requirements).
BOARD NOTE: Derived from 40 CFR 403.3(i) and 403.7(a) (1991) (2000).
19
“Submission” means a request to the Agency by a POTW for approval of a
pretreatment program, or for authorization to grant removal credits.
BOARD NOTE: Derived from 40 CFR 403.3(t) (1991) (2000).
“Treatment works” is as defined in 33 U.S.C. 1292(2) (1987). It includes any
devices and systems used in the storage, treatment, recycling, and reclamation of
municipal or industrial wastewater to implement 33 U.S.C. 1281, or necessary to
recycle or reuse water at the most economical cost over the estimated life of the
works, including intercepting sewers, outfall sewers, sewage collection systems,
pumping, power, and other equipment.
BOARD NOTE: Derived from 40 CFR 403.3(o) (1991) (2000) and 33 U.S.C.
1292(2).
“Unit of local government” means a unit of local government, as defined by Art.
7, Sec. 1 of the Illinois Constitution, having jurisdiction over disposal of sewage.
“Unit of local government” includes, but is not limited to, municipalities and
sanitary districts.
BOARD NOTE: Derived from 40 CFR 401.11(m) (1991) (2000) and 33 U.S.C.
1362(4).
“USEPA” means the United States Environmental Protection Agency.
(Source: Amended at 26 Ill. Reg. ________, effective ______________________)
SUBPART L: FEDERAL PROJECT XL AGREEMENTS
Section 310.930 Federally-Approved Pretreatment Program Reinvention Pilot Projects
Under Project XL
Once the POTW has fulfilled the requirements of subsection (b) of this Section, the Agency may,
by a permit issued pursuant to Section 39 of the Act, allow any POTW that has a final Project
XL agreement approved under subsection (b) to implement a pretreatment program that includes
legal authorities and requirements that are different than the administrative requirements
otherwise applicable under this Part.
a) Incorporating the Project XL agreement into the POTW’s NPDES permit.
1)
The POTW must submit any such alternative requirements as a substantial
program modification in accordance with the procedures outlined in
Subpart K of this Part. The approved modified program must be
incorporated as an enforceable part of the POTW’s NPDES permit before
the POTW may implement it.
2)
The Agency must include a reopener clause in the POTW’s NPDES
permit that directs the POTW to discontinue implementing the approved
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alternative requirements and resume implementation of its previously
approved pretreatment program if the Agency determines that the primary
objectives of the local pilot pretreatment program embodied in the Project
XL agreement are not being met or the Project XL agreement expires or is
otherwise terminated pursuant to its own terms.
b) Board approval of a Project XL agreement.
1) The Board approves the Project XL agreement among the Metropolitan
Water Reclamation District of Greater Chicago, the Agency, and USEPA
and described at 66 Fed. Reg. 50336 (October 3, 2001) that received final
approval by USEPA and the Agency on August 30, 2001.
2) For any Project XL agreement that did not receive final USEPA and
Agency approval by October 3, 2001, the Board must approve the
alternative requirements in a rulemaking, adjusted standard, or variance
proceeding before the Board pursuant to Sections 27 and 28, 28.1, or 35
through 38 of the Act [415 ILCS 5/27 and 28, 28.1, or 35 through 38], as
appropriate. To obtain Board approval of a Project XL agreement, the
POTW must submit a petition before the Board that complies with the
applicable provisions of the Act and the Board’s procedural rules at 35 Ill.
Adm. Code: Subtitle A, as appropriate for the type of Board approval
sought.
(Source: Added at 26 Ill. Reg. ________, effective ______________________)
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do certify that the
Board adopted the above opinion and order on November 15, 2001, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board