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ILLINOIS POLLUTION CONTROL BOARD

April 15, 2004

IN THE MATTER OF: )

)

WASTEWATER PRETREATMENT ) R04-18

UPDATE, USEPA AMENDMENTS ) (Identical-in-Substance

(July 1, 2003 through December 31, 2003) ) Rulemaking - Water)

Proposed Rule. Proposal for Public Comment.

OPINION AND ORDER OF THE BOARD (by N.J. Melas):

This identical-in-substance rulemaking proposes updating the Illinois wastewater

pretreatment regulations to incorporate revisions to the federal regulations. The United States

Environmental Protection Agency (USEPA) made the amendments that prompted this action

during the period of July 1, 2003 through December 31, 2003. This proceeding proposes

amendments to 35 Ill. Adm. Code 307 and 310.

Sections 7.2 and 13.3 of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and

13.3 (2002)) require that the Board adopt regulations that are “identical in substance” to federal

wastewater pretreatment regulations. These are rules adopted by the USEPA pursuant to

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)). 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 (2002)) 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 Board presently intends to adopt final amendments based on this proposal by

July 8, 2004.

FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING

The following listing briefly summarizes the federal actions considered in this

wastewater pretreatment update rulemaking:

Docket R04-18: July 1, 2003 through December 31, 2003,

Wastewater Pretreatment Amendments

USEPA amended the federal wastewater pretreatment regulations on one occasion during

the period July 1, 2003 through December 31, 2003. That action is summarized below:

December 22, 2003 (68 Fed. Reg. 71014)

USEPA amended the effluent limitations and pretreatment standards for the centralized

waste treatment category.

No Later Wastewater Pretreatment Amendments of Interest to Date

The Board engages in ongoing monitoring of federal actions. As of the date of this

opinion and accompanying order, the Board has identified no other USEPA actions since

January 1, 2004 that further amend the wastewater pretreatment rules in a way that would require

immediate Board attention.

When the Board observes an action outside the nominal timeframe of a docket that would

require expedited consideration in the pending docket, the Board will expedite consideration of

those amendments. Federal actions that could warrant expedited consideration include those that

directly affect the amendments involved in this docket, those for which compelling reasons

would warrant consideration as soon as possible, and those for which the Board has received a

request for expedited consideration. If the Board identifies any additional federal actions that

fulfill these criteria prior to final action, the Board may include those amendments in the present

update docket R04-18.

Other Federal Actions Having a Direct Impact on the

Illinois Wastewater Pretreatment Regulations

In addition to the amendments to the federal wastewater pretreatment regulations,

amendments to other federal regulations occasionally affect the Illinois wastewater pretreatment

rules. Most notably, 35 Ill. Adm. Code 310.107 includes incorporations of federal regulations by

reference. The incorporated regulations include segments of various USEPA environmental

regulations, most notably 40 C.F.R. 136, which sets forth methods for analysis of water and

wastewater.

As of the date of this proposal for public comment, the Board found two sets of

amendments to the incorporated materials. Those amendments are listed as follows:

July 21, 2003 (68 Fed. Reg. 43272)

USEPA approved new methods for microbiological analysis of water and wastewater in

40 C.F.R. 136.

September 19, 2003 (68 Fed. Reg. 54934)

USEPA corrected its July 21, 2003 approval of new methods for microbiological analysis

of water and wastewater.

Summary Listing of the Federal Actions Forming the Basis of

the Board’s Actions in These Consolidated Dockets

Based on the foregoing, the federal actions that form the basis for Board action in this

update docket are the following, listed in chronological order:

July 21, 2003 (68 Fed. Reg. 43272) New methods for microbiological analysis of

water and wastewater.

September 19, 2003 (68 Fed. Reg. 54934) Corrections to the July 21, 2003 approval of new

methods.

December 22, 2003 (68 Fed. Reg. 71014) Amended standards for the centralized waste

treatment category.

PUBLIC COMMENTS

The Board will receive public comments on this proposal for a period of 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 in response to public

comments.

TIMETABLE FOR COMPLETION OF THIS RULEMAKING

Under Section 7.2 of the Act (415 ILCS 5/7.2(b) (2002)), the Board must complete this

rulemaking within one year of the date of the earliest set of federal amendments considered in

this docket. USEPA adopted the earliest federal amendments that required Board attention on

July 21, 2003, so that the deadline for Board adoption of these amendments is July 21, 2004.

The Board scheduled adoption of this proposal for public comment for the Board meeting of

April 15, 2004, to allow for timely adoption of the rule by July 8, 2004. This will allow filing of

these amendments before the July 21, 2004 deadline.

Considering the proposal of these amendments on this date, the Board projects the

following will occur in the progress towards completion of these amendments:

Due date: July 21, 2004

Date of Board vote to propose amendments: April 15, 2004

Submission for

Illinois Register

publication: April 26, 2004

Probable

Illinois Register

publication date: May 7, 2004

End of 45-day public comment period: June 21, 2004

Date of Board vote to adopt amendments: July 8, 2004

Probable filing and effective date: July 19, 2004

Probable

Illinois Register

publication date: July 30, 2004

DISCUSSION

The following discussion begins with a description of the various 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

In the course of completing the two previous updates to the wastewater pretreatment

regulations of 35 Ill. Adm. Code 307 and 310, the Board extensively reviewed and corrected the

text of the rules.

See

Wastewater Pretreatment Update, USEPA Amendments (July 1, 2002

through December 31, 2002), R03-13 (Sept. 4, 2003) and Wastewater Pretreatment Update,

USEPA Amendments (January 1, 2003 through June 30, 2003), R04-1 (Jan. 22, 2004). As a

result, only two additional corrective amendments were found necessary at this time. The two

amendments are limited to updating the version of federal statutes incorporated by reference in

Section 310.107. Those two corrective amendments are listed in the table on page 7 of this

opinion.

Discussion of the Particular Federal Actions Involved in This Docket

Amended Standards for the Centralized Waste Treatment Point Source Category--Sections

307.4701 through 307.4704

The USEPA action of December 22, 2003 (68 Fed. Reg. 71014), related to discharges

from facilities in the centralized waste treatment point source category. USEPA deleted certain

effluent limitations and pretreatment standards. USEPA deleted the selenium limitations and

standards from certain segments of 40 C.F.R. 437, Subpart A, which applies to the metals

treatment and recovery subcategory. USEPA further deleted the barium, molybdenum,

antimony, and titanium limitations and standards from certain segments of 40 C.F.R. 437,

Subpart B, which applies to the oils treatment and recovery subcategory. USEPA deleted the

molybdenum, antimony, aniline, and 2,3-dicholoroaniline limitations and standards from certain

segments of 40 C.F.R. 437, Subpart C, which applies to the organics treatment and recovery

subcategory. Finally, USEPA amended segments of 40 C.F.R. 437, Subpart D, which applies to

the multiple wastestream subcategory, to reflect the amendments to the amendments to Subparts

A through C. Other USEPA amendments related only to direct dischargers, and not to

wastewater pretreatment.

The Board proposes to incorporate the wastewater pretreatment segments of the federal

centralized waste treatment point source category amendments without deviation from the

corresponding federal text. The structure of the Illinois wastewater pretreatment regulations is

such that the primary means of incorporating federal requirements is by use of incorporation of

the federal rules by reference. Generally, the Illinois regulations set forth the text of shorter

general provisions, like applicability statements, and incorporate the more lengthy federal

substantive requirements by reference. Following this general pattern, incorporation of the

December 22, 2003 federal amendments appears to require the following amendments to the

Illinois rules:

Federal Action Proposed Board Action

Amendment to 437.11 None; not applicable to wastewater pretreatment

Amendment to 437.13 None; not applicable to wastewater pretreatment

Amendment to 437.15 Update incorporation by reference at Section

307.4701(c)(1)

Amendment to 437.16 Update incorporation by reference at Section

307.4701(d)(1)

Amendment to 437.21 None; not applicable to wastewater pretreatment

Amendment to 437.23 None; not applicable to wastewater pretreatment

Amendment to 437.24 None; not applicable to wastewater pretreatment

Amendment to 437.25 Update incorporation by reference at Section

307.4702(c)(1)

Amendment to 437.26 Update incorporation by reference at Section

307.4702(d)(1)

Amendment to 437.31 None; not applicable to wastewater pretreatment

Amendment to 437.33 None; not applicable to wastewater pretreatment

Amendment to 437.34 None; not applicable to wastewater pretreatment

Amendment to 437.35 Update incorporation by reference at Section

307.4703(c)(1)

Amendment to 437.36 Update incorporation by reference at Section

307.4703(d)(1)

Amendment to 437.42 None; not applicable to wastewater pretreatment

Amendment to 437.44 None; not applicable to wastewater pretreatment

Amendment to 437.45 None; not applicable to wastewater pretreatment

Amendment to 437.46 Update incorporation by reference at Section

307.4704(c)(1)

Amendment to 437.47 Update incorporation by reference at Section

307.4704(d)(1)

There are essentially no deviations from the literal text of the federal amendments, since

the federal amendments are incorporated in their entirety by incorporation by reference.

The Board requests public comment on the proposed incorporation of the December 22,

2003 federal amendments affecting the centralized waste treatment point source category.

Amended Methods for Analysis of Biological Pollutants in Water--Section 310.107

On July 21, 2003 (68 Fed. Reg. 43272), USEPA adopted amendments to the methods for

analysis of water and wastewater. The amendments incorporated new methods for analysis of

microbiological contaminants:

Escherichia coli

Cryptosporidium

, and

Giardia

in fresh water

and for enterococci in marine waters. The methods are published by a variety of sources, but all

are listed in 40 C.F.R. 136.3. USEPA corrected the July 21, 2003 amendments on September 19,

2003 (68 Fed. Reg. 54934).

The Board proposes to incorporate the federal July 21, 2003 amendments and September

19, 2003 corrections to 40 C.F.R. 136.3. This is done by updating the incorporation of 40 C.F.R.

136 by reference in Section 307.107(b) to included the July 21, 2003 amendments and the

September 19, 2003 corrections. The Board updates the incorporation despite uncertainty that

any of the new methods relate to implementation of the federal wastewater pretreatment

standards.

The Board requests public comment on the proposed incorporation of the federal July 21,

2003 amendments and September 19, 2003 corrections to 40 C.F.R. 136.3.

Discussion of Corrective Amendments

The Board has traditionally used the occasion of these identical-in-substance updates to

correct segments of the base text of the Illinois regulations. The Board has added to this

proceeding two corrective amendments to sections of the rules not affected by the underlying

federal amendments. These corrections are exclusively non-substantive in effect.

Review of the references in Section 310.107(c) to federal statutes revealed that two are

outdated. The most recent version of the

United States Code

available was published in 2000.

The citations to the federal Clean Water Act and the Resource Conservation and Recovery Act

referred to the 1994 edition of the

Code

. The examination further revealed the existence of

amendments to the Clean Water Act dated November 7, 2000, which post-date the 2000 version

of the

Code

. The Board has amended the incorporations of these two federal statutes by

reference to reflect these later editions of the two statutes. These amendments are listed in the

table that appears in the following segment of this opinion.

The Board requests public comment on the proposed update to the incorporations of the

federal Clean Water Act and the Resource Conservation and Recovery Act by reference.

Discussion of Miscellaneous Housekeeping Amendments

The table below lists corrections and amendments that are not based on current federal

amendments. The table (beginning immediately below) includes corrections and clarifications

that the Board made in the base text involved in this proposal.

Table:

Board Housekeeping Amendments

Section Source Revision(s)

310.107(c)(2) Board Updated the citation to the federal Clean Water Act in

the

United States Code

to the most recent edition

310.107(c)(3) Board Updated the citation to the federal Resource

Conservation and Recovery Act in the

United States

Code

to the most recent edition

ORDER

The Board proposes the following amendments for public comment:

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE C: WATER POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

PART 307

SEWER DISCHARGE CRITERIA

SUBPART A: GENERAL PROVISIONS

Section

307.101 Preamble (Renumbered)

307.102 General Requirements (Renumbered)

307.103 Mercury (Renumbered)

307.104 Cyanide (STORET number 00720) (Renumbered)

307.105 Pretreatment Requirements (Repealed)

307.1001 Preamble

307.1002 Definitions

307.1003 Test Procedures for Measurement

307.1005 Toxic Pollutants

SUBPART B: GENERAL AND SPECIFIC PRETREATMENT

REQUIREMENTS

Section

307.1101 General and Specific Requirements

307.1102 Mercury

307.1103 Cyanide

SUBPART F: DAIRY PRODUCTS PROCESSING

Section

307.1501 Receiving Stations

307.1502 Fluid Products

307.1503 Cultured Products

307.1504 Butter

307.1505 Cottage Cheese and Cultured Cream Cheese

307.1506 Natural and Processed Cheese

307.1507 Fluid Mix for Ice Cream and other Frozen Desserts

307.1508 Ice Cream, Frozen Desserts, Novelties, and Other Dairy Desserts

307.1509 Condensed Milk

307.1510 Dry Milk

307.1511 Condensed Whey

307.1512 Dry Whey

SUBPART G: GRAIN MILLS

Section

307.1601 Corn Wet Milling

307.1602 Corn Dry Milling

307.1603 Normal Wheat Flour Milling

307.1604 Bulgur Wheat Flour Milling

307.1605 Normal Rice Milling

307.1606 Parboiled Rice Milling

307.1607 Animal Feed

307.1608 Hot Cereal

307.1609 Ready-to-Eat Cereal

307.1610 Wheat Starch and Gluten

SUBPART H: CANNED AND PRESERVED FRUITS AND VEGETABLES

Section

307.1700 General Provisions

307.1701 Apple Juice

307.1702 Apple Products

307.1703 Citrus Products

307.1704 Frozen Potato Products

307.1705 Dehydrated Potato Products

307.1706 Canned and Preserved Fruits

307.1707 Canned and Preserved Vegetables

307.1708 Canned and Miscellaneous Specialties

SUBPART I: CANNED AND PRESERVED SEAFOOD

Section

307.1801 Farm-Raised Catfish

307.1815 Fish Meal Processing Subcategory

SUBPART J: SUGAR PROCESSING

Section

307.1901 Beet Sugar Processing

307.1902 Crystalline Cane Sugar Refining

307.1903 Liquid Cane Sugar Refining

SUBPART K: TEXTILE MILLS

Section

307.2000 General Provisions

307.2001 Wool Scouring

307.2002 Wool Finishing

307.2003 Low Water Use Processing

307.2004 Woven Fabric Finishing

307.2005 Knit Fabric Finishing

307.2006 Carpet Finishing

307.2007 Stock and Yarn Finishing

307.2008 Nonwoven Manufacturing

307.2009 Felted Fabric Processing

SUBPART L: CEMENT MANUFACTURING

Section

307.2101 Nonleaching

307.2102 Leaching

307.2103 Materials Storage Piles Runoff

SUBPART M: CONCENTRATED ANIMAL FEEDING OPERATIONS

Section

307.2201 General

307.2202 Ducks

SUBPART N: ELECTROPLATING

Section

307.2300 General Provisions

307.2301 Electroplating of Common Metals

307.2302 Electroplating of Precious Metals

307.2304 Anodizing

307.2305 Coatings

307.2306 Chemical Etching and Milling

307.2307 Electroless Plating

307.2308 Printed Circuit Boards

SUBPART O: ORGANIC CHEMICALS, PLASTICS, AND SYNTHETIC

FIBERS

Section

307.2400 General Provisions

307.2401 Rayon Fibers

307.2402 Other Fibers

307.2403 Thermoplastic Resins

307.2404 Thermosetting Resins

307.2405 Commodity Organic Chemicals

307.2406 Bulk Organic Chemicals

307.2407 Specialty Organic Chemicals

307.2410 Indirect Discharge Point Sources

307.2490 Non-Complexed Metal-Bearing and Cyanide-Bearing Waste Streams

307.2491 Complexed Metal-Bearing Waste Streams

SUBPART P: INORGANIC CHEMICALS MANUFACTURING

Section

307.2500 General Provisions

307.2501 Aluminum Chloride Production

307.2502 Aluminum Sulfate Production

307.2503 Calcium Carbide Production

307.2504 Calcium Chloride Production

307.2505 Calcium Oxide Production

307.2506 Chlor-Alkali Process (Chlorine and Sodium or Potassium Hydroxide Production)

307.2508 Hydrofluoric Acid Production

307.2509 Hydrogen Peroxide Production

307.2511 Potassium Metal Production

307.2512 Potassium Dichromate Production

307.2513 Potassium Sulfate Production

307.2514 Sodium Bicarbonate Production

307.2516 Sodium Chloride Production

307.2517 Sodium Dichromate and Sodium Sulfate Production

307.2520 Sodium Sulfite Production

307.2522 Titanium Dioxide Production

307.2523 Aluminum Fluoride Production

307.2524 Ammonium Chloride Production

307.2527 Borax Production

307.2528 Boric Acid Production

307.2529 Bromine Production

307.2530 Calcium Carbonate Production

307.2531 Calcium Hydroxide Production

307.2533 Carbon Monoxide and Byproduct Hydrogen Production

307.2534 Chrome Pigments Production

307.2535 Chromic Acid Production

307.2536 Copper Salts Production

307.2538 Ferric Chloride Production

307.2540 Fluorine Production

307.2541 Hydrogen Production

307.2542 Hydrogen Cyanide Production

307.2543 Iodine Production

307.2544 Lead Monoxide Production

307.2545 Lithium Carbonate Production

307.2547 Nickel Salts Production

307.2549 Oxygen and Nitrogen Production

307.2550 Potassium Chloride Production

307.2551 Potassium Iodide Production

307.2553 Silver Nitrate Production

307.2554 Sodium Bisulfite Production

307.2555 Sodium Fluoride Production

307.2560 Stannic Oxide Production

307.2563 Zinc Sulfate Production

307.2564 Cadmium Pigments and Salts Production

307.2565 Cobalt Salts Production

307.2566 Sodium Chlorate Production

307.2567 Zinc Chloride Production

SUBPART R: SOAP AND DETERGENTS

Section

307.2701 Soap Manufacturing by Batch Kettle

307.2702 Fatty Acid Manufacturing by Fat Splitting

307.2703 Soap Manufacturing by Fatty Acid Neutralization

307.2704 Glycerine Concentration

307.2705 Glycerine Distillation

307.2706 Manufacture of Soap Flakes and Powders

307.2707 Manufacture of Bar Soaps

307.2708 Manufacture of Liquid Soaps

307.2709 Oleum Sulfonation and Sulfation

307.2710 Air-Sulfur Trioxide Sulfation and Sulfonation

307.2711 Sulfur Trioxide Solvent and Vacuum Sulfonation

307.2712 Sulfamic Acid Sulfation

307.2713 Chlorosulfonic Acid Sulfation

307.2714 Neutralization of Sulfuric Acid Esters and Sulfonic Acids

307.2715 Manufacture of Spray Dried Detergents

307.2716 Manufacture of Liquid Detergents

307.2717 Manufacturing of Detergents by Dry Blending

307.2718 Manufacture of Drum Dried Detergents

307.2719 Manufacture of Detergent Bars and Cakes

SUBPART S: FERTILIZER MANUFACTURING

Section

307.2801 Phosphate

307.2802 Ammonia

307.2803 Urea

307.2804 Ammonium Nitrate

307.2805 Nitric Acid

307.2806 Ammonium Sulfate Production

307.2807 Mixed and Blend Fertilizer Production

SUBPART T: PETROLEUM REFINING

Section

307.2901 Topping

307.2902 Cracking

307.2903 Petrochemical

307.2904 Lube

307.2905 Integrated

SUBPART U: IRON AND STEEL MANUFACTURING

Section

307.3000 General Provisions

307.3001 Cokemaking

307.3002 Sintering

307.3003 Ironmaking

307.3004 Steelmaking

307.3005 Vacuum Degassing

307.3006 Continuous Casting

307.3007 Hot Forming

307.3008 Salt Bath Descaling

307.3009 Acid Pickling

307.3010 Cold Forming

307.3011 Alkaline Cleaning

307.3012 Hot Coating

307.3013 Other Operations

SUBPART V: NONFERROUS METALS MANUFACTURING

Section

307.3100 General Provisions

307.3101 Bauxite Refining

307.3102 Primary Aluminum Smelting

307.3103 Secondary Aluminum Smelting

307.3104 Primary Copper Smelting

307.3105 Primary Electrolytic Copper Refining

307.3106 Secondary Copper

307.3107 Primary Lead

307.3108 Primary Zinc

307.3109 Metallurgical Acid Plants

307.3110 Primary Tungsten

307.3111 Primary Columbium-Tantalum

307.3112 Secondary Silver

307.3113 Secondary Lead

307.3114 Primary Antimony

307.3115 Primary Beryllium

307.3116 Primary and Secondary Germanium and Gallium

307.3117 Secondary Indium

307.3118 Secondary Mercury

307.3119 Primary Molybdenum and Rhenium

307.3120 Secondary Molybdenum and Vanadium

307.3121 Primary Nickel and Cobalt

307.3122 Secondary Nickel

307.3123 Primary Precious Metals and Mercury

307.3124 Secondary Precious Metals

307.3125 Primary Rare Earth Metals

307.3126 Secondary Tantalum

307.3127 Secondary Tin

307.3128 Primary and Secondary Titanium

307.3129 Secondary Tungsten and Cobalt

307.3130 Secondary Uranium

307.3131 Primary Zirconium and Hafnium

SUBPART X: STEAM ELECTRIC POWER GENERATING

Section

307.3301 Steam Electric Power Generating

SUBPART Y: FERROALLOY MANUFACTURING

Section

307.3401 Open Electric Furnaces With Wet Air Pollution Control Devices

307.3402 Covered Electric Furnaces and Other Smelting Operations with Wet Air Pollution

Control Devices

307.3403 Slag Processing

307.3404 Covered Calcium Carbide Furnaces With Wet Air Pollution Control Devices

307.3405 Other Calcium Carbide Furnaces

307.3406 Electrolytic Manganese Products

307.3407 Electrolytic Chromium

SUBPART Z: LEATHER TANNING AND FINISHING

Section

307.3500 General Provisions

307.3501 Hair Pulp, Chrome Tan, Retan-Wet Finish

307.3502 Hair Save, Chrome Tan, Retan-Wet Finish

307.3503 Hair Save or Pulp, Non-Chrome Tan, Retan-Wet Finish

307.3504 Retan-Wet Finish-Sides

307.3505 No Beamhouse

307.3506 Through-the-Blue

307.3507 Shearling

307.3508 Pigskin

307.3509 Retan-Wet Finish-Splits

307.3590 Potassium Ferricyanide Titration Method

SUBPART BA: GLASS MANUFACTURING

Section

307.3601 Insulation Fiberglass

307.3602 Sheet Glass Manufacturing

307.3603 Rolled Glass Manufacturing

307.3604 Plate Glass Manufacturing

307.3605 Float Glass Manufacturing

307.3606 Automotive Glass Tempering

307.3607 Automotive Glass Laminating

307.3608 Glass Container Manufacturing

307.3610 Glass Tubing (Danner) Manufacturing

307.3611 Television Picture Tube Envelope Manufacturing

307.3612 Incandescent Lamp Envelope Manufacturing

307.3613 Hand Pressed and Blown Glass Manufacturing

SUBPART BB: ASBESTOS MANUFACTURING

Section

307.3701 Asbestos-Cement Pipe

307.3702 Asbestos-Cement Sheet

307.3703 Asbestos Paper (Starch Binder)

307.3704 Asbestos Paper (Elastomeric Binder)

307.3705 Asbestos Millboard

307.3706 Asbestos Roofing

307.3707 Asbestos Floor Tile

307.3708 Coating or Finishing of Asbestos Textiles

307.3709 Solvent Recovery

307.3710 Vapor Absorption

307.3711 Wet Dust Collection

SUBPART BC: RUBBER MANUFACTURING

Section

307.3801 Tire and Inner Tube Plants

307.3802 Emulsion Crumb Rubber

307.3803 Solution Crumb Rubber

307.3804 Latex Rubber

307.3805 Small-Sized General Molded, Extruded, and Fabricated Rubber Plants

307.3806 Medium-Sized General Molded, Extruded, and Fabricated Rubber Plants

307.3807 Large-Sized General Molded, Extruded, and Fabricated Rubber Plants

307.3808 Wet Digestion Reclaimed Rubber

307.3809 Pan, Dry Digestion, and Mechanical Reclaimed Rubber

307.3810 Latex-Dipped, Latex-Extruded, and Latex-Molded Rubber

307.3811 Latex Foam

SUBPART BD: TIMBER PRODUCTS PROCESSING

Section

307.3900 General Provisions

307.3901 Barking

307.3902 Veneer

307.3903 Plywood

307.3904 Dry Process Hardboard

307.3905 Wet Process Hardboard

307.3906 Wood Preserving-Water Borne or Nonpressure

307.3907 Wood Preserving-Steam

307.3908 Wood Preserving-Boulton

307.3909 Wet Storage

307.3910 Log Washing

307.3911 Sawmills and Planing Mills

307.3912 Finishing

307.3913 Particleboard Manufacturing

307.3914 Insulation Board

307.3915 Wood Furniture and Fixture Production without Water Wash Spray Booths or

without Laundry Facilities

307.3916 Wood Furniture and Fixture Production with Water Wash Spray Booths or with

Laundry Facilities

SUBPART BE: PULP, PAPER, AND PAPERBOARD

Section

307.4000 General Provisions

307.4001 Dissolving Kraft

307.4002 Bleached Papergrade Kraft and Soda

307.4003 Unbleached Kraft

307.4004 Dissolving Sulfite

307.4005 Papergrade Sulfite

307.4006 Semi-Chemical

307.4007 Mechanical Pulp

307.4008 Non-Wood Chemical Pulp

307.4009 Secondary Fiber Deink

307.4010 Secondary Fiber Non-Deink

307.4011 Fine and Lightweight Papers from Purchased Pulp

307.4012 Tissue, Filter, Non-Woven, and Paperboard from Purchased Pulp

307.4013 Groundwood-Thermo-Mechanical (Repealed)

307.4014 Groundwood-CMN Papers (Repealed)

307.4015 Groundwood-Fine Papers (Repealed)

307.4016 Soda (Repealed)

307.4017 Deink (Repealed)

307.4018 Nonintegrated-Fine Papers (Repealed)

307.4019 Nonintegrated-Tissue Papers (Repealed)

307.4020 Tissue From Wastepaper (Repealed)

307.4021 Papergrade Sulfite (Drum Wash) (Repealed)

307.4022 Unbleached Kraft and Semi-Chemical (Repealed)

307.4023 Wastepaper-Molded Products (Repealed)

307.4024 Nonintegrated-Lightweight Papers (Repealed)

307.4025 Nonintegrated-Filter and Nonwoven Papers (Repealed)

307.4026 Nonintegrated-Paperboard (Repealed)

SUBPART BF: BUILDERS’ PAPER AND BOARD MILLS

Section

307.4101 Builder’s Paper and Roofing Felt (Repealed)

SUBPART BG: MEAT PRODUCTS

Section

307.4201 Simple Slaughterhouse

307.4202 Complex Slaughterhouse

307.4203 Low-Processing Packinghouse

307.4204 High-Processing Packinghouse

307.4205 Small Processor

307.4206 Meat Cutter

307.4207 Sausage and Luncheon Meats Processor

307.4208 Ham Processor

307.4209 Canned Meats Processor

307.4210 Renderer

SUBPART BH: METAL FINISHING

Section

307.4300 General Provisions

307.4301 Metal Finishing

SUBPART BL: CENTRALIZED WASTE TREATMENT

Section

307.4700 General Provisions

307.4701 Metals Treatment and Recovery

307.4702 Oils Treatment and Recovery

307.4703 Organics Treatment and Recovery

307.4704 Multiple Waste Streams

SUBPART BN: PHARMACEUTICAL MANUFACTURING

Section

307.4900 General Provisions

307.4901 Fermentation Products

307.4902 Extraction Products

307.4903 Chemical Synthesis Products

307.4904 Mixing/Compounding and Formulation

307.4905 Research (Repealed)

SUBPART BQ: TRANSPORTATION EQUIPMENT CLEANING

Section

307.5200 General Provisions

307.5201 Tank Trucks and Intermodal Tank Containers Transporting Chemical and

Petroleum Cargos

307.5202 Rail Tank Cars Transporting Chemical and Petroleum Cargos

307.5203 Tank Barges and Ocean/Sea Tankers Transporting Chemical and Petroleum

Cargos

307.5204 Tanks Transporting Food Grade Cargos

SUBPART BR: PAVING AND ROOFING MATERIALS (TARS AND

ASPHALT)

Section

307.5301 Asphalt Emulsion

307.5302 Asphalt Concrete

307.5303 Asphalt Roofing

307.5304 Linoleum and Printed Asphalt Felt

SUBPART BS: WASTE COMBUSTORS

Section

307.5401 Commercial Hazardous Waste Combustor

SUBPART BT: LANDFILLS

Section

307.5500 General Provisions

307.5501 RCRA Subtitle C Hazardous Waste Landfill

307.5502 RCRA Subtitle D Non-Hazardous Waste Landfill

SUBPART BU: PAINT FORMULATING

Section

307.5601 Oil-Base Solvent Wash Paint

SUBPART BV: INK FORMULATING

Section

307.5701 Oil-Base Solvent Wash Ink

SUBPART CD: PESTICIDE CHEMICALS

Section

307.6500 General Provisions

307.6501 Organic Pesticide Chemicals Manufacturing

307.6502 Metallo-Organic Pesticides Chemicals Manufacturing

307.6503 Pesticide Chemicals Formulating and Packaging

307.6505 Repackaging of Agricultural Pesticides Performed at Refilling Establishments

SUBPART CG: CARBON BLACK MANUFACTURING

Section

307.6801 Carbon Black Furnace Process

307.6802 Carbon Black Thermal Process

307.6803 Carbon Black Channel Process

307.6804 Carbon Black Lamp Process

SUBPART CJ: BATTERY MANUFACTURING

Section

307.7100 General Provisions

307.7101 Cadmium

307.7102 Calcium

307.7103 Lead

307.7104 Leclanche

307.7105 Lithium

307.7106 Magnesium

307.7107 Zinc

SUBPART CL: PLASTICS MOLDING AND FORMING

Section

307.7300 General Provisions

307.7301 Contact Cooling and Heating Water

307.7302 Cleaning Water

307.7303 Finishing Water

SUBPART CM: METAL MOLDING AND CASTING

Section

307.7400 General Provisions

307.7401 Aluminum Casting

307.7402 Copper Casting

307.7403 Ferrous Casting

307.7404 Zinc Casting

SUBPART CN: COIL COATING

Section

307.7500 General Provisions

307.7501 Steel Basis Material

307.7502 Galvanized Basis Material

307.7503 Aluminum Basis Material

307.7504 Canmaking

SUBPART CO: PORCELAIN ENAMELING

Section

307.7600 General Provisions

307.7601 Steel Basis Material

307.7602 Cast Iron Basis Material

307.7603 Aluminum Basis Material

307.7604 Copper Basis Material

SUBPART CP: ALUMINUM FORMING

Section

307.7700 General Provisions

307.7701 Rolling With Neat Oils

307.7702 Rolling With Emulsions

307.7703 Extrusion

307.7704 Forging

307.7705 Drawing With Neat Oils

307.7706 Drawing With Emulsions or Soaps

SUBPART CQ: COPPER FORMING

Section

307.7800 General Provisions

307.7801 Copper Forming

307.7802 Beryllium Copper Forming

SUBPART CR: ELECTRICAL AND ELECTRONIC COMPONENTS

Section

307.7901 Semiconductor

307.7902 Electronic Crystals

307.7903 Cathode Ray Tube

307.7904 Luminescent Materials

SUBPART CT: NONFERROUS METALS FORMING AND METAL

POWDERS

Section

307.8100 General Provisions

307.8101 Lead-Tin-Bismuth Forming

307.8102 Magnesium Forming

307.8103 Nickel-Cobalt Forming

307.8104 Precious Metals Forming

307.8105 Refractory Metals Forming

307.8106 Titanium Forming

307.8107 Uranium Forming

307.8108 Zinc Forming

307.8109 Zirconium-Hafnium Forming

307.8110 Metal Powders

307.Appendix A References to Previous Rules (Repealed)

AUTHORITY: Implementing Sections 7.2, 13, and 13.3 and authorized by Section 27 of the

Environmental Protection Act [415 ILCS 5/7.2, 13, 13.3, and 27].

SOURCE: Adopted in R70-5, at 1 PCB 426, March 31, 1971; amended in R71-14, at 4 PCB 3,

March 7, 1972; amended in R74-3, at 19 PCB 182, October 30, 1975; amended in R74-15, 16, at

31 PCB 405, at 2 Ill. Reg. 44, p. 151, effective November 2, 1978; amended in R76-17, at 31

PCB 713, at 2 Ill. Reg. 45, p. 101, effective November 5, 1978; amended in R76-21, at 44 PCB

203, at 6 Ill. Reg. 563, effective December 24, 1981; codified at 6 Ill. Reg. 7818; amended in

R82-5, 10, at 54 PCB 411, at 8 Ill. Reg. 1625, effective January 18, 1984; amended in R86-44 at

12 Ill. Reg. 2592, effective January 13, 1988; amended in R88-11 at 12 Ill. Reg. 13094, effective

July 29, 1988; amended in R88-18 at 13 Ill. Reg. 1794, effective January 31, 1989; amended in

R89-3 at 13 Ill. Reg. 19288, effective November 17, 1989; amended in R88-9 at 14 Ill. Reg.

3100, effective February 20, 1990; amended in R89-12 at 14 Ill. Reg. 7620, effective May 8,

1990; amended in R91-5 at 16 Ill. Reg. 7377, effective April 27, 1992; amended in R93-2 at 17

Ill. Reg. 19483, effective October 29, 1993; amended in R94-10 at 19 Ill. Reg. 9142, effective

June 23, 1995; amended in R95-22 at 20 Ill. Reg. 5549, effective April 1, 1996; amended in

R97-23 at 21 Ill. Reg. 11930, effective August 12, 1997; amended in R99-4 at 23 Ill. Reg. 4413,

effective March 31, 1999; amended in R99-17 at 23 Ill. Reg. 8421, effective July 12, 1999;

amended in R00-15 at 24 Ill. Reg. 11640, effective July 24, 2000; amended in R01-5 at 25 Ill.

Reg. 1735, effective January 11, 2001; amended in R01-25 at 25 Ill. Reg. 10867, effective

August 14, 2001; amended in R03-13 at 27 Ill. Reg. 15095, effective September 10, 2003;

amended in R04-1 at 28 Ill. Reg. 3076, effective February 6, 2004; amended in R04-18 at 28 Ill.

Reg. ________, effective ______________________.

SUBPART BL: CENTRALIZED WASTE TREATMENT

Section 307.4701 Metals Treatment and Recovery

a) Applicability. This Section applies to that portion of the discharge of wastewater

from a centralized waste treatment facility that results from the treatment of, or

recovery of metals from, both metal-bearing wastes received from off-site and

other centralized waste treatment wastewater associated with the treatment of, or

recovery of metal-bearing wastes. The Board incorporates by reference 40 CFR

437.10 (2003). This incorporation includes no later amendments or editions.

b) Specialized definitions. None.

c) Existing sources.

1) The Board incorporates by reference 40 CFR 437.15 (2003), as amended

at 68 Fed. Reg. 71014 (December 22, 2003). This incorporation includes

no later amendments or editions.

2) No person subject to the pretreatment standards incorporated by reference

in subsection (c)(1) of this Section may cause, threaten, or allow the

discharge of any contaminant to a POTW in violation of such standards.

d) New sources.

1) The Board incorporates by reference 40 CFR 437.16 (2003), as amended

at 68 Fed. Reg. 71014 (December 22, 2003). This incorporation includes

no later amendments or editions.

2) No person subject to the pretreatment standards incorporated by reference

in subsection (d)(1) of this Section may cause, threaten, or allow the

discharge of any contaminant to a POTW in violation of such standards.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

Section 307.4702 Oils Treatment and Recovery

a) Applicability. This Section applies to that portion of the discharge of wastewater

from a centralized waste treatment facility that results from the treatment of, or

recovery of oil from both oily wastes received from, off-site and other centralized

waste treatment wastewater associated with the treatment of, or recovery of, oily

wastes. The Board incorporates by reference 40 CFR 437.20 (2003). This

incorporation includes no later amendments or editions.

b) Specialized definitions. None.

c) Existing sources.

1) The Board incorporates by reference 40 CFR 437.25 (2003), as amended

at 68 Fed. Reg. 71014 (December 22, 2003). This incorporation includes

no later amendments or editions.

2) No person subject to the pretreatment standards incorporated by reference

in subsection (c)(1) of this Section may cause, threaten, or allow the

discharge of any contaminant to a POTW in violation of such standards.

d) New sources.

1) The Board incorporates by reference 40 CFR 437.26 (2003), as amended

at 68 Fed. Reg. 71014 (December 22, 2003). This incorporation includes

no later amendments or editions.

2) No person subject to the pretreatment standards incorporated by reference

in subsection (d)(1) of this Section may cause, threaten, or allow the

discharge of any contaminant to a POTW in violation of such standards.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

Section 307.4703 Organics Treatment and Recovery

a) Applicability. This Section applies to that portion of the discharge of wastewater

from a centralized waste treatment facility that results from the treatment of, or

recovery of organic material from both organic wastes received from, off-site and

other centralized waste treatment wastewater associated with the treatment of, or

recovery of, organic wastes. The Board incorporates by reference 40 CFR 437.30

(2003). This incorporation includes no later amendments or editions.

b) Specialized definitions. None.

c) Existing sources.

1) The Board incorporates by reference 40 CFR 437.35 (2003), as amended

at 68 Fed. Reg. 71014 (December 22, 2003). This incorporation includes

no later amendments or editions.

2) No person subject to the pretreatment standards incorporated by reference

in subsection (c)(1) of this Section may cause, threaten, or allow the

discharge of any contaminant to a POTW in violation of such standards.

d) New sources.

1) The Board incorporates by reference 40 CFR 437.36 (2003), as amended

at 68 Fed. Reg. 71014 (December 22, 2003). This incorporation includes

no later amendments or editions.

2) No person subject to the pretreatment standards incorporated by reference

in subsection (d)(1) of this Section may cause, threaten, or allow the

discharge of any contaminant to a POTW in violation of such standards.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

Section 307.4704 Multiple Waste Streams

a) Applicability. Facilities that treat wastes subject to more than one of the previous

Sections in this Subpart BL must comply with either the provisions of this Section

or the applicable provisions of Section 307.4701, 307.4702, or 307.4703. This

Section applies to that portion of the discharge of wastewater from a centralized

waste treatment facility that results from mixing any combination of treated or

untreated waste otherwise subject to Section 307.4701, 307.4702, or 307.4703.

The Board incorporates by reference 40 CFR 437.40 (2003). This incorporation

includes no later amendments or editions.

b) Specialized definitions. None.

c) Existing sources.

1) The Board incorporates by reference 40 CFR 437.46 (2003), as amended

at 68 Fed. Reg. 71014 (December 22, 2003). This incorporation includes

no later amendments or editions.

2) No person subject to the pretreatment standards incorporated by reference

in subsection (c)(1) of this Section may cause, threaten, or allow the

discharge of any contaminant to a POTW in violation of such standards.

d) New sources.

1) The Board incorporates by reference 40 CFR 437.47 (2003), as amended

at 68 Fed. Reg. 71014 (December 22, 2003). This incorporation includes

no later amendments or editions.

2) No person subject to the pretreatment standards incorporated by reference

in subsection (d)(1) of this Section may cause, threaten, or allow the

discharge of any contaminant to a POTW in violation of such standards.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

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 Waste Stream 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

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

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 POTWs

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 that 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

SUBPART J: BYPASS

Section

310.910 Definitions

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

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. 4008, effective February 28, 2002; amended in R02-9 at 26 Ill. Reg.

4653, effective March 18, 2002; amended in R03-13 at 27 Ill. Reg. 15137, effective September

10, 2003; amended in R04-1 at 28 Ill. Reg. 3390, effective February 6, 2004 amended in R04-18

at 28 Ill. Reg. ________, effective ______________________.

SUBPART A: GENERAL PROVISIONS

Section 310.107 Incorporations by Reference

a) The following publications are incorporated by reference:

1) The consent decree in NRDC v. Costle, 1978 WL 23471, 12 Environment

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

2) Standard Industrial Classification Manual (1987) (document no. PB87-

100012), available from the National Technical Information Service, 5285

Port Royal Road, Springfield, Virginia 22161.

b) The following provisions of the Code of Federal Regulations are incorporated by

reference:

40 CFR 2.302 (2003)

40 CFR 25 (2003)

40 CFR 122, Appendix D, Tables II and III (2003)

40 CFR 128.140(b) (1977)

40 CFR 136 (2002) (2003), as amended at 67 Fed. Reg. 65220 (October

23, 2002), 67 Fed. Reg. 65876 (October 29, 2002), and 67 Fed. Reg.

69952 (November 19, 2002) 68 Fed. Reg. 43272 (July 21, 2003) and 68

Fed. Reg. 54934 (September 19, 2003).

40 CFR 403 (2003)

40 CFR 403, Appendix D (2003)

c) The following federal statutes are incorporated by reference:

1) Section 1001 of federal Crimes and Criminal Procedure (18 USC 1001

(2000))

2) The federal Clean Water Act (33 USC 1251 et seq. (1994) (2000)) as

amended through October 31, 1994 November 7, 2000

3) Subtitles C and D of the federal Resource Conservation and Recovery Act

(42 USC 6901 et seq. (1994) (2000)) as amended through March 26, 1996

d) This Part incorporates no future editions or amendments.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above opinion and order on April 15, 2004, by a vote of 4-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board