ILLINOIS POLLUTION CONTROL BOARD
    July 18, 1996
    IN MATTER OF:
    PRETREATMENT UPDATE USEPA
    REGULATION (JULY 1, 1995 THROUGH
    DECEMBER 31, 1995)
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    R96-12
    (Rulemaking - Identical in
    Substance Rules -Water)
    Adopted Rule. Final Order.
    OPINION AND ORDER OF THE BOARD (by E. Dunham):
    The Board is amending the pretreatment regulations pursuant to Section 13.3 of the
    Environmental Protection Act (Act) (415 ILCS 5/13.3 (1994)).
    Section 13.3 of the Act requires the Board to adopt regulations which are "identical in
    substance" with federal regulations promulgated by the United States Environmental Protection
    Agency (USEPA) to implement the pretreatment requirements of Sections 307 and 402 of the
    Clean Water Act, previously known as the Federal Water Pollution Control Act. Section 13.3
    provides that Title VII of the Act and Sections 5 and 6.02 of the Administrative Procedure Act
    (APA) shall not apply to identical in substance regulations adopted to establish the
    pretreatment program. However, Section 13.3 of the Act does require the Board to provide
    for notice and public comment before rules are filed with the Secretary of State.
    This rulemaking updates the pretreatment rules to cover USEPA rules adopted from
    July 1 through December 31, 1995. The following Federal Registers are included:
    60 Fed. Reg. 39586
    August 2, 1995
    60 Fed. Reg. 44670
    August 28, 1995
    60 Fed. Reg. 53529
    October 16, 1995
    The pretreatment rules govern discharges by industrial users to publicly owned
    treatment works (POTWs). The rules are intended to prevent pollutants from industrial
    discharges from passing through POTWs, without adequate treatment, to waters of the State,
    and to prevent industrial discharges from interfering with the operation of the treatment plant.
    Effluent discharges are regulated pursuant to 35 Ill. Adm. Code 304 and 309.
    The Illinois pretreatment rules are contained in 35 Ill. Adm. Code 307, 309 and 310.
    Part 307 includes the categorical pretreatment standards, which are incorporated by reference
    from the USEPA rules. Part 309 sets forth the NPDES requirements. Although Part 309 does
    not pertain directly to sewer users and industrial wastewater pretreatment, it includes
    requirements at Section 309.103 that pertain to NPDES permittees required to have an
    approved pretreatment program. Part 310 specifies how a POTW sets up a pretreatment
    program, and how industrial users get pretreatment permits or authorizations to discharge.
    2
    PUBLIC COMMENTS
    The Board proposed amendments to 35 Ill. Adm. Code 310, in an opinion and order
    dated April 18, 1996. The proposed amendments were published in the Illinois Register on
    May 3, 1996 for public comment. The public comment period ended on June 17, 1996, 45
    days after the date of publication in the Illinois Register.
    The Board received one public comment during the comment period from the Illinois
    Environmental Protection Agency (Agency). The Agency recommend the adoption of the
    amendments to the pretreatment rules proposed by the Board. The Agency states that adoption
    of these amendments is necessary for continued completeness of a state regulatory program for
    administration of the pretreatment program pursuant to the CWA.
    DISCUSSION
    The USEPA amended 40 CFR Part 136 to add additional testing procedures in three
    separate rulemakings. This rulemaking updates the incorporation of 40 CFR 136 in Section
    310.107 to include the additional testing procedures. Use of approved analytical techniques is
    required whenever the waste constituent specified is required to be measured for an NPDES
    permit application; discharge monitoring reports; state certification; and other requests from
    the permitting authority for quantitative or qualitative effluent data. Use of approved test
    procedures is also required for the expression of pollutant amounts, characteristics, or
    properties in effluent limitations guidelines and standards of performance and pretreatment
    standards, unless otherwise specified.
    The USEPA approved the use of an additional procedure for the determination of
    chlorinated pesticides and polychlorinated biphenyls (PCBs) in wastewater at 60 Fed. Reg.
    39586 on August 2, 1995. This method differs from other approved methods in that it
    incorporates a disk of octadecyl-bonded silica enmeshed in a matrix of inert
    polyteterafluoretylene (PTFE) fibrils for extraction of the analytes.
    The USEPA approved the use of three additional test procedures for the determination
    of Total Kjeldahl Nitrogen (TKN) at 60 Fed. Reg. 44670 on August 28, 1995. The USEPA
    approved the Perstrop titrimetric, colorimetric and FIA gas diffusion methods for TKN as
    acceptable alternative procedures for nationwide use.
    The USEPA amended 40 CFR 136 at 60 Fed. Reg. 53529 on October 16, 1995 to add
    whole effluent toxicity (WET) testing methods to the list of Agency approved methods. This
    action amends 40 CFR 136.3 by adding methods for measuring the acute and short-term
    chronic toxicity of effluents and receiving waters. This rulemaking will reduce cost and
    eliminate the confusion caused by the multiple versions of any one test method in use.
    3
    HISTORICAL OUTLINE OF BOARD PRETREATMENT REGULATION
    The Illinois pretreatment rules were adopted in R86-44, 84 PCB 89, December 3,
    1987. The rules appeared at 12 Ill. Reg. 2502 (January 29, 1988), effective January 13, 1988.
    The Board has updated the pretreatment rules in the following update rulemakings:
    R88-11
    90 PCB 411, June 14, 1988; 12 Ill. Reg. 13094, effective July 29, 1988
    (USEPA amendments through December 31, 1987).
    R88-18
    94 PCB 237, December 17, 1988; 13 Ill. Reg. 1794, effective January
    31, 1989 (USEPA amendments January 1, 1988 through June 30, 1988).
    R89-3
    103 PCB 609, September 28, 1989; 13 Ill. Reg. 19243, effective
    November 17, 1989 (Part 307) and November 27, 1989 (Part 310)
    (USEPA amendments July 1, 1988 through December 31, 1988).
    R89-12
    110 PCB 119, April 12, 1990; 14 Ill. Reg. 7608, effective May 8, 1990
    (USEPA amendments January 1, 1989 through June 30, 1989).
    R90-6
    Dismissed, 109 PCB 629, March 22, 1990 (No USEPA amendments
    July 1, 1989 through December 31, 1989).
    R90-15
    Dismissed, June 20, 1991 (No USEPA amendments January 1 1990
    through June 28, 1990).
    R91-5
    129 PCB 395, January 23, 1992; 16 Ill. Reg. 7377 (Part 307); 7337
    (Part 309); 7346 (Part 310); effective April 27, 1992. (USEPA
    amendments June 29, 1990 through December 31, 1990).
    R91-17
    Dismissed, December 6, 1991 (No USEPA amendments January 1, 1991
    through June 30, 1991).
    R92-5
    Dismissed, April 9, 1992 (No USEPA amendments July 1, 1991 through
    December 31, 1991).
    R92-14
    Dismissed, August 13, 1992 (No USEPA amendments January 1, 1992
    through June 30, 1992).
    R93-2
    September 9, 1993, 17 Ill. Reg. 19483 effective October 29, 1993
    (USEPA amendments July 1, 1992 through December 31, 1992).
    R93-20
    Dismissed April 9, 1992 (No USEPA amendments January 1, 1993
    through June 30, 1993).
    4
    R94-10
    May 18, 1995, 19 Ill. Reg. 9142 effective June 23, 1995 (USEPA
    amendments July 1, 1993 through December 31, 1993).
    R94-28
    Dismissed October 6, 1994 (No USEPA amendments January 1, 1994
    through June 30, 1994).
    R95-8
    Dismissed February 16, 1994 (USEPA amendments July 1, 1994
    through December 31, 1994).
    R95-22
    March 21, 1996, 20 Ill. Reg. 5533, effective April 1, 1995 (USEPA
    amendments January 1, 1995 through June 30, 1995).
    R96-12
    This docket.
    ORDER
    The Board hereby adopts the following amendments to the Illinois wastewater treatment
    regulations at Section 310.107:
    TITLE 35: ENVIRONMENTAL PROTECTION
    SUBTITLE C: WATER POLLUTION
    CHAPTER I: POLLUTION CONTROL BOARD
    PART 310
    PRETREATMENT PROGRAMS
    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, 12 Environment Reporter Cases
    1833 (D.C. Cir. August 16, 1978).
    2)
    Standard Industrial Classification Manual (1972), and 1977 Supplement,
    republished in 1983, available from the Superintendent of Documents,
    U.S. Government Printing Office, Washington, D.C. 20401.
    b)
    The following provisions of the Code of Federal Regulations are incorporated
    by reference:
    40 CFR 2.302 (1994)
    40 CFR 25 (1994)
    5
    40 CFR 122, Appendix D, Tables II and III (1994)
    40 CFR 128.140(b) (1977)
    40 CFR 136 (19941995), as amended at 60 Fed. Reg. 17160, April 4,
    199539586, August 2, 1995, 60 Fed. Reg. 44670, August 28, 1995 and
    60 Fed. Reg. 53529, October 16, 1995
    40 CFR 403 (19941995), as amended at 60 Fed. Reg. 33926 effective
    June 29, 1995
    40 CFR 403, Appendix D (1994)
    c)
    The following federal statutes are incorporated by reference:
    1)
    Section 1001 of the Criminal Code (18 U.S.C. 1001) as of July 1, 1988;
    2)
    Clean Water Act (33 U.S.C. 1251 et seq) as of July 1, 1988;
    3)
    Subtitles C and D of the Resource Conservation and Recovery Act (42
    U.S.C. 6901 et seq.) as of July 1, 1988.
    d)
    This Part incorporates no future editions or amendments.
    (Source: Amended at 20 Ill. Reg. _________, effective ____________________)
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the _____ day of ___________, 1996, by a vote
    of __________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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