ILLINOIS POLLUTION CONTROL BOARD
    February 15,
    1979
    IN THE MATTER OF:
    AMENDMENTS
    TO THE WATER
    )
    R76-1
    POLLUTION REGULATIONS
    )
    PROPOSED OPINION OF THE BOARD
    (by Mr. Dumelle):
    This proceeding was initiated by a Petition from the Agency
    filed with the Board on January
    5,
    1976.
    The Petition was
    published in Environmental Register #118 on January 27,
    1976.
    Hearings were held on June
    2,
    1976 in Peoria and on September
    9,
    1976 in Chicago.
    A study entitled “An Economic Analysis of
    Phosphorus
    Control and Other Aspects
    of R76-t”
    (IIEQ Document No.
    78/16) was received by the Board from the Illinois Institute for
    Environmental Quality on June
    30,
    1978.
    Hearings were held on
    the study on September
    11,
    1978 in Kankakee and September
    15,
    1978 in Chicago.
    This Proposed Opinion supports
    a Proposed Order adopted by
    the Board on January
    4,
    1979.
    Each proposed revision to Chapter
    3:
    Water Pollution will be discussed in the order in which
    it
    appears
    in the Proposed Order.
    RULE 203(c)
    The Agency proposed that this rule be deleted.
    Rule 402
    provides that whenever a body of water violates water quality
    standards,
    all dischargers to that body of water must reduce the
    strength
    of their effluent to a level which will
    not contribute
    to any further violation.
    Since 27 out of
    28 lakes studied in
    Illinois are eutrophic
    (R.16)
    as well as 273 surveyed by the
    Agency and the Department of Conservation
    (R.92), all point
    sources which discharge to these
    lakes
    or to any tributary to
    them must comply with the water quality standard of 0.05 mg/l in
    order to avoid further aggravation
    of the water quality
    violations
    in these lakes.
    As an alternative to this situation,
    the Agency proposes that all such point source discharges whose
    untreated waste
    load is 1500 or more population equivalents meet
    an effluent standard of 1.0
    mg/i.
    The Agency’s reasoning is that
    an effluent standard of 0.05 mg/i
    is not feasible for point
    source discharges and that these dischargers need relief until
    a
    coordinated strategy covering point and nonpoint sources
    is
    developed
    (R.7).
    In 1972 the Board concluded that
    “.
    .
    .
    phosphorus above
    this level
    (0.05 mg/i)
    in relatively
    still water can give rise to
    obnoxious algae blooms”.
    (3 PCB 758)
    The Board received
    evidence
    in this record that the present water quality standard
    should be retained
    (R.133,
    158; June
    23, 1976 comment from the
    Illinois State Water Survey)
    as
    a benchmark against eutrophication.
    32—595

    —2-.
    The Board concludes that the standard in Rule 203(c) should
    be
    retained as a goal with the proviso that point source
    dischargers which comply with Rule 407 (discussed
    infra)
    should
    not be required to meet
    a 0.05 mg/l effluent standard.
    The
    20 acre minimum size
    for lakes or reservoirs
    is the size
    used by USEPA,
    and it represents the extent of known data on
    Illinois lakes
    (R.18).
    Low level pools are excluded to avoid
    coverage of tributary pools formed for purposes of navigation or
    low level water control.
    (R.19)
    Bodies of water which are part
    of an operation including the application of sludge on land are
    excluded because of concerns raised by the Metropolitan Sanitary
    District of Greater Chicago
    (MSD).
    A witness for MSD stated that
    this exclusion was necessary to exempt the reservoirs and the
    discharges
    to them which are encompassed by the MSD’s project in
    Fulton County.
    (R.110—130)
    The Board agrees
    that these reservoirs
    have
    no public recreational value and no purpose would be served
    by limiting their phosphorus
    levels.
    RULE 203(f)
    The changes
    in STORET numbers in Rule
    203(f) were described
    by the Agency as clerical
    in nature.
    (R.52)
    Each change
    is
    described
    in detail
    in Exhibit
    4.
    The changes provide for the
    use of different analytical techniques
    in water quality analyses.
    (R.52—56,
    98)
    RULE 203(i)
    The thermal standards which apply to the lower Des Plaines
    River from the 1-55 bridge to its confluence with the Kankakee
    River are deleted since these standards expired on July
    1,
    1978.
    RULE
    204
    The STORET numbers
    in Rule 204 are being changed for the
    same reasons cited
    in the discussion of Rule 203(f).
    All
    of the
    other changes and deletions are being made to conform Rule
    204
    with the recently proposed changes
    to Rule 304B4 of Chapter
    6:
    Public Water Supplies
    in R77-13.
    Since Rule
    304B4 of Chapter
    6
    sets the standards
    for chemical and physical quality of
    finished
    drinking water and Rule 204
    is aimed at protecting water
    designated for public and food processing consumption,
    the
    standards should he similar.
    RULE 206
    The STORET number for total dissolved solids
    in Lake
    Michigan
    is being changed for the same reasons cited in the
    discussion of Rule 203(f).
    32—596

    RULE
    302
    The changes to Rule
    302 simply clarify
    the purpose of this
    rule.
    In Modine Manufacturing Company
    v.
    PCB,
    40 Ill.App.3d 498,
    351 N.E.2d 875
    (Second District 1976) and Olin Corporation
    v. EPA
    & PCB,
    54 Ill.App.3d 480,
    370 N.E.2d
    3
    (Fifth District
    1977),
    two Appellate Courts ruled that the only way streams could
    be reclassified
    to be included in Rule 302 was through the
    Board’s rulemaking procedure.
    Rule 302
    is being changed to
    clarify that fact and to state that the standards of Rule 205
    should apply
    (as they always have)
    to these waters.
    RULE
    404
    The maximum standard for suspended solids
    is being lowered
    from 37 mg/l to 30 mg/i to conform with the Federal
    standard for
    secondary treatment.
    (R.61)
    Since all point source discharges
    in
    Illinois must comply with the Federal minimum,
    the old standard
    was no longer
    in effect anyway.
    The Agency contended that the
    revision should not cause any great difficulty.
    (R.61,67,96)
    The
    STORET number for suspended solids has been added to provide
    a
    standard technique
    for analysis of
    this parameter.
    The interim standards
    in Rules 404(a),(h),(c),
    and
    renumbered
    (g)
    have been deleted because all
    of their deadlines
    have passed.
    The demonstration requirements
    in Rules 404(c)(i) and
    404(e)(ii)(A) are being changed to clarify their intent.
    These
    demonstrations are designed to measure downstream effects on
    dissolved oxygen only.
    (R.61)
    If any of these discharges cause
    downstream violations
    of any other water quality standards,
    the
    mandate of Rule 402 still applies.
    The changes
    to renumbered Rule 404(f)
    are being made to
    provide the Agency with the flexibility
    it needs
    to administer
    the NPDES permit program
    as provided in Rule
    910(f).
    RULE 407
    The effluent standard in Rule
    407(b)
    for phosphorous
    discharges
    in the Fox River basin is being eliminated for all
    dischargers below the Chain of Lakes.
    The Board received
    a
    comment from the Aurora Sanitary District which indicated that as
    long
    as the Chain of Lakes was causing phosphorous problems
    in
    the Fox River,
    downstream control wasn’t going
    to help anything.
    The Agency agreed that it might be wise to hold up operation of
    downstream phosphorus removal
    facilities until
    a Chain of Lakes
    control
    strategy is implemented.
    (R.94)
    The Agency did not feel
    it would be appropriate
    to drop the requirement that these
    facilities be installed since this might jeopardize grant funds.
    (R.93)
    The Board
    is not convinced that phosphorus removal should
    32—597

    —4--
    ever be required when there
    is no downstream lake or reservoir.
    Since the phosphorus problem on the Fox River can be traced to
    the Chain
    of Lakes,
    the strategy for control
    in the Fox River
    basin should be limited to those discharges which drain into
    those
    lakes.
    A new Rule 407(c) provides for an effluent standard (1.0
    mg/l)
    for large discharges which are tributary to lakes or
    reservoirs.
    The Board has adopted
    1.0 mg/l since this represents
    the limit for consistent performance from a sewage treatment
    plant
    (R.11) without advanced wastewater treatment
    (P.193—197;
    Ex. 6,13,24; September
    9,
    1976 and September
    8,
    1978 comments
    from Granite City Steel and In Re:
    Phosphorus Water Standards,
    P70—6;
    1 PCB 515,521—523;
    April
    28,
    1971).
    A cutoff figure of
    5,000
    or more population equivalents
    is proposed
    for required
    treatment
    for phosphorus with new sources complying immediately
    and existing sources complying by December 31,
    1980.
    The
    5,000
    P.E.
    figure was chosen because
    this represents the point
    at which
    economics
    of scale set
    in and the cost of phosphorus
    removal
    by
    conventional means
    (alum or ferric chloride addition)
    levels off
    (Ex.
    18, pp.
    21,24).
    A new Rule 407(d) provides that discharges with a range
    between
    1500 and 5000 population equivalents should not have to
    treat for phosphorus unless
    a downstream
    lake or reservoir still
    violates the water quality standard in Rule 203(c)
    (0.05 mg/i)
    after December 31,
    1983.
    These smaller dischargers should not
    have to face the higher treatment
    costs per gallon of flow unless
    the Agency’s nonpoint source control
    strategy under Section
    208
    of the Clean Water Act has failed
    to result
    in compliance
    in the
    next five years.
    Point source dischargers which employ third
    stage treatment lagoons shall
    remain exempt from meeting any
    effluent standard for phosphorus because the Board has not been
    shown,
    nor is the Board aware of, any feasible way these
    dischargers can provide for phosphorus removal.
    The definitions
    in the new Rule 407(e)
    are the same as
    those
    cited in revised Rule 203(c) and are supported by the same
    evidence.
    The compliance dates for existing sources
    in the new Rules
    407(f)(ii) and
    (g) both provide
    for a two year grace period which
    the Board concludes
    is reasonable.
    If either of these dates
    creates arbitrary or unreasonable hardship,
    the variance
    provisions in Title IX of the Act and Part IV of the Procedural
    Rules provide for appropriate relief.
    The provision for
    immediate compliance by new sources
    is justified since these
    dischargers can design their facilities with this new rule
    in
    mind.
    RULE
    408
    The change in the STORET number for selenium in Rule 408(a)
    is supported by the same reasons cited in the discussion of Rule
    203(f).
    Rule 408(e) has been deleted since both of its interim
    compliance dates have passed.
    32—59~

    —5—
    ECONOMIC
    IMPACT
    Twenty—seven
    sewage treatment plants that would be affected
    by the proposed regulation were identified
    in the Study.
    (Ex.18,
    p.14)
    This identification was based on
    the proposed Rule 407(c)
    which had a 1500 population equivalent
    (P.E.)
    cutoff.
    With
    a
    5000
    PE cutoff
    it is apparent that many of
    these twenty-seven
    would not be covered by Rule 407(c); however,
    some could fall
    under the coverage of Rule 407(d)
    and be required to control
    their phosphorus effluents at
    a
    later date.
    This introduces
    additional uncertainty into the quantification of control costs
    which are attributable
    to the proposed regulation.
    Thus the
    total yearly costs which were estimated
    (Ex.18,
    p.2O)
    should be
    used as an estimate
    of possible, but not probable,
    costs.
    Estimated costs
    to individual sewage treatment plants which are
    still covered remain valid.
    The Study estimated control costs
    of phosphorus
    removal by
    mineral addition and also by land application.
    The former was
    found to be cheaper.
    (R.213; Ex.18,
    p.25)
    A range of total
    annual costs of meeting a
    1 mg/i effluent standard by mineral
    addition for the
    27 sewage treatment plants
    of one-half to one
    million dollars was estimated.
    (R.215-216)
    This was compared to
    the Ely, MN experience
    in treating to
    a 0.05 mg/i effluent level.
    It was estimated that for the 27 sewage treatment plants to meet
    an effluent limitation of 0.05 mg/i would cost three
    to six times
    what
    it would cost to meet
    a 1.0 mg/i effluent standard.
    (Ex.18,
    p.32)
    The Study investigated the effect of phosphorus point source
    control on the eutrophic condition of Illinois lakes.
    The
    analysis classified
    lakes as eutrophic or oligotrophic using the
    following predictory variables: phosphorus
    loading, mean depth,
    and residence time of the water
    in the lake.
    (Ex.18,
    p.37)
    Then,
    a change in phosphorus loadings
    (consistent with the proposed
    regulation) was postulated;
    the change in probability of non—
    eutrophic status was calculated.
    The authors
    of the Study
    concluded that
    in most cases
    “although some long run type of
    improvement might be predicted,
    the
    lakes would still probably
    not become noneutrophic because of this standard.”
    (P.220; Ex.18,
    pp.46—48)
    However, the authors also point out that while the
    postulated reduction in phosphorus
    loading may not in and of
    itself be sufficient to change the trophic status,
    the lake has
    been brought that much closer to the necessary conditions
    for a
    change
    in trophic status.
    (Ex.18,
    p.38)
    An attempt was made to quantify the recreational
    value of
    nine lakes
    in Illinois.
    An estimated demand curve for lake
    recreation was based on the travel cost method.
    (Ex.18, p.49)
    The travel cost method,
    as the name implies, attributes
    differences
    in attendance
    at recreational areas
    to the
    differences
    in the cost of traveling
    to these areas.
    This travel
    cost is treated as the price of recreation and hence
    a demand
    32—599

    —6—
    curve can be formulated.
    From the demand curve comes
    an estimate
    of the total value of recreation,
    including consumer surplus.
    (P.225; Ex.18, pp.49—53)
    The Study made clear that this method
    can understate benefits.
    (Fx.18,
    pp.55—56)
    This point was also
    made
    in Exhibit
    21.
    Net benefits of the nine lakes were estimated for the
    present
    (Ex.18,
    p.61,
    table
    2),
    for the year 1990
    (Ex.18,
    p.63,
    table
    3), and for the year 2000
    (Ex.18, p.63,
    table
    4).
    The
    fundamental
    limitation to this analysis
    is that the Study does
    not relate changes
    in water quality to changes
    in recreational
    value.
    (R.225—226; Ex.18,
    p.70)
    However,
    the quantification
    of
    net benefits does demonstrate that a relatively small percentage
    increase
    in recreation value would cause an increase in
    quantified benefits
    in excess of
    the anticipated control costs.
    (R.226; Ex.18,
    p.72)
    An analysis of secondary benefits
    to the Illinois economy
    due
    to the proposed regulation was performed;
    this analysis,
    however,
    is also limited by the inability
    to relate changes
    in
    water quality to changes
    in recreational value.
    (R.227)
    It was
    estimated that
    a
    1
    increase in lake visitation would increase
    Illinois production by $1.47 million in 1990 and $1.64 million in
    2000; the number of jobs associated with such
    a 1
    increase are
    71 by 1990 and 80 in
    2000.
    The change from 37 mg/i suspended solids
    to
    30 mg/i
    suspended
    solids
    in Rule 404 is not anticipated
    to have any
    economic
    impact
    since
    no
    additional
    control
    costs
    will
    he
    incurred.
    (Ex.18, p.82)
    The proposed deletion of Rule 302(k)
    is
    merely a clarification of the existing Rule.
    Changes to STORET
    numbers may change some analytical procedures, but the economic
    impact is not anticipated to be significant.
    (Ex.18,
    p.83)
    Based on the above analysis,
    the Board can conclude that
    adoption of the Agency’s proposal or the Board’s,
    which
    is less
    costly,
    should have
    no significant adverse economic impact on the
    people of the State of Illinois.
    I,
    Christan L. Moffett,
    Clerk
    of the Illinois Pollution
    Control Board hereby certify the above Proposed Opinion was
    adopted on the
    ~
    day of
    -~i~9iii.,~jj
    1979
    by
    a
    vote
    of
    ,~
    /~
    _____.
    I
    (Lh’u~tox7 ~
    Christan
    L.
    Moffett,
    ~fY1erk
    Illinois Pollution Control Board
    32—600

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