TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 352
PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT
LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN
SUBPART A: INTRODUCTION
Section
352.100 Introduction
352.101 Scope
352.102 Applicability
352.103 Purpose
352.104 Definitions
352.105 Incorporations by Reference
352.106 Relationship to Other Regulations
SUBPART B: DISCHARGES TO WATERS NOT CURRENTLY MEETING WATER
QUALITY STANDARDS, CRITERIA, OR VALUES
352.200 Procedures for Establishing Permit Limitations for Discharges to
Waters Not Currently Meeting Water Quality Standards, Criteria,
or Values
SUBPART C: ASSESSING HUMAN HEALTH IMPACTS OF MULTIPLE TOXIC
SUBSTANCES INCLUDING ADDITIVITY PROCEDURES FOR CHLORINATED
DIBENZO-
P
-DIOXINS AND CHLORINATED DIBENZOFURANS
352.300 Additivity for Combinations of Substances
352.302 Values for 2,3,7,8-TCDD Toxicity Equivalence Concentrations
352.303 Criteria for Consideration of Additivity for Nonthreshold Toxic
Substances
SUBPART D: ASSESSMENT OF REASONABLE POTENTIAL TO EXCEED WATER
QUALITY STANDARDS, CRITERIA, AND VALUES
352.401 Applicability and Exclusions
352.410 Data Requirements
352.412 Conversion Factors for Dissolved and Total Metals
352.421 Estimation of Projected Effluent Quality
352.422 Dilution Allowance
352.423 Calculation of Preliminary Effluent Limitation
352.424 Determination of Reasonable Potential
352.425 Intake Credits
352.430 Instances Requiring Effluent Limits, Other Conditions, or
Additional Data
352.440 Special Provisions for Noncontact Cooling Water
SUBPART E: APPLICATION OF WHOLE EFFLUENT TOXICITY REQUIREMENTS
352.500 Procedures for Establishing Permit Limits and Special Provisions
for the Potential to Exceed Determination
352.520 Whole Effluent Toxicity Data
352.530 Estimation of Projected Effluent Quality (PEQ)
352.540 Calculation of Preliminary Effluent Limitation (PEL)
352.550 Establishing Whole Effluent Toxicity Conditions
SUBPART F: MASS LOADING LIMITS
352.600 Mass Loading Limits
SUBPART G: EFFLUENT LIMITS BELOW THE LEVEL OF QUANTIFICATION
352.700 Water Quality Based Effluent Limits Below Detection or
Quantification
SUBPART H: COMPLIANCE SCHEDULES
352.800 Compliance Schedules
SUBPART I: ANTIDEGRADATION PROVISIONS FOR BIOACCUMULATIVE
CHEMICALS OF CONCERN
352.900 Antidegradation Provisions For Bioaccumulative Chemicals of
Concern (BCCs)
AUTHORITY: Implementing Section 13 and authorized by Sections 11(b) and
39(b) of the Environmental Protection Act [415 ILCS 5/11(b), 13 and 39(b)]
SOURCE: Adopted at 22 Ill. Reg. 4356, effective February 20, 1998.
NOTE: In this Part, superscript number or letters are denoted by
parentheses; subscript are denoted by brackets; and SUM means the summation
series or sigma function as used in mathematics.
SUBPART A: INTRODUCTION
Section 352.100 Introduction
This Part 352 contains Illinois Environmental Protection Agency (Illinois
EPA or Agency) rules for the application of the Illinois Pollution Control
Board (Illinois PCB) rules for the Lake Michigan Basin at 35 Illinois Adm.
Code 302.Subparts A and E to the National Pollutant Discharge Elimination
System (NPDES) permit program administered for discharges to the Lake
Michigan Basin within the State of Illinois. These rules are required
pursuant to the Final Guidance for the Great Lakes System, 60 FR 15366
adopted on March 23, 1995 by the United States Environmental Protection
Agency (USEPA) to implement Section 118(c)(2) of the Clean Water Act (33
U.S.C. 1268) as amended by the Great Lakes Critical Programs Act of 1990
(P. L. 101-596, 104 Stat. 3000). That guidance identifies minimum water
quality standards, antidegradation policies and implementation procedures
that states must establish for the Great Lakes System to protect human
health, aquatic life and wildlife. The water quality standards, criteria
and value derivation procedures, variance and site specific rulemaking
procedures and antidegradation policies required under the Great Lakes
Guidance and applicable to the Lake Michigan Basin, are contained in
Illinois Pollution Control Board Rules. The implementation procedures
required by that guidance are contained in this Part 352.
Section 352.101 Scope
The regulations in this Part 352 contain the procedures used by the
Illinois Environmental Protection Agency to determine effluent limits and
other conditions in NPDES permits. These regulations are cumulative with
conditions, effluent limitations and other requirements established under
the Illinois Environmental Protection Act [415 ILCS 5], regulations of the
Illinois Pollution Control Board, the Federal Water Pollution Control Act
(33 U.S.C. 1251) as now or hereafter amended, and regulations pursuant
thereto, and schedules for achieving compliance therewith at the earliest
reasonable date.
Section 352.102 Applicability
The regulations in this Part 352 apply only to dischargers to the Lake
Michigan Basin, as that term is defined at 35 Ill. Adm. Code 303.443.
These regulations do not apply to a Wet Weather Point Source as that term
is defined at 35 Ill. Adm. Code 352.104.
Section 352.103 Purpose
The purpose of this Part 352 is to establish implementation procedures that
are consistent with (as protective as) Appendix E and Procedures 3, 4, 5,
6, 7, 8, and 9 of Appendix F to 40 CFR 132 (1996).
Section 352.104 Definitions
Terms used in this Part have the meanings specified in 35 Ill. Adm. Code
301.200 through 301.444 and 302.501. The following terms have the meanings
specified:
"Agency" means the Illinois Environmental Protection Agency.
"Area of Concern" or "AOC" is an area specially designated for
remediation efforts.
"Bioaccumulative Chemicals of Concern" or "BCC" means a chemical
or class of chemicals meeting the definition at 35 Ill. Adm. Code
302.501.
"Lake Michigan Lakewide Management Plan" or "LaMP" is a plan to
manage the Illinois portion of Lake Michigan as approved by USEPA.
"Method Detection Level" is the minimum concentration of an
analyte (substance) that can be measured and reported with a 99
percent confidence that the analyte concentration is greater than
zero as determined by the procedure set forth in Appendix B of 40
CFR 136.
"Minimum Level" or "ML" is the concentration at which the entire
analytical system must give a recognizable signal and acceptable
calibration point. The ML is the concentration in a sample that is
equivalent to the concentration of the lowest calibration standard
analyzed by a specific analytical procedure approved in 40 CFR
136, assuming that all the method-specified sample weights,
volumes and processing steps have been followed.
"Outlier" is a test value that is not statistically valid under
tests approved in 40 CFR 136.
"Quantification Level" is a measurement of the concentration of a
contaminant obtained by using a specified laboratory procedure
approved in 40 CFR 136 and calibrated at a specified concentration
above the method detection level. It is considered the lowest
concentration at which a particular contaminant can be
quantitatively measured using a specified laboratory procedure for
monitoring of the contaminant.
"Pollutant Minimization Program" means a plan to achieve or
maintain the goal of reducing contaminant discharges to below
water quality based effluent limits.
"Preliminary Effluent Limitation" or "PEL" is an estimate of an
allowable discharge taking into consideration mixing or dilution.
"Projected Effluent Quality" or "PEQ" is the amount of a
contaminant estimated to be discharged by a facility or activity
taking into account statistical analysis of the discharge or
activity.
"Reasonable Potential Analysis" or "Reasonable Potential to
Exceed" means the procedure to predict whether an existing or
future discharge would cause or contribute to a violation of water
quality standards, criteria or values.
"Same Body of Water" means that, for purposes of evaluating intake
toxic substances consistent with Section 352.425, the Agency will
consider intake toxic substances to be from the same body of water
if the Agency finds that the intake toxic substance would have
reached the vicinity of the outfall point in the receiving water
within a reasonable period had it not been removed by the
permittee and there is a direct hydrological connection between
the intake and the discharge points. Notwithstanding the
provisions of this definition, an intake toxic substance shall be
considered to be from the same body of water if the permittee's
intake point is located on Lake Michigan and the outfall point is
located on a tributary of Lake Michigan. In this situation, the
background concentration of the toxic substance in the receiving
water shall be similar to or greater than that in the intake water
and the difference, if any, between the water quality
characteristics of the intake and receiving water shall not result
in an adverse impact on the receiving water.
"Total Maximum Daily Load" or "TMDL" is the sum of the individual
wasteload allocations for point sources and load allocations for
nonpoint sources and natural background, as more fully defined at
40 CFR 130.2(i). A TMDL sets and allocates the maximum amount of
a pollutant that may be introduced into a water body and still
assure attainment and maintenance of water quality standards.
"USEPA" means the United States Environmental Protection Agency.
"Waste Load Allocation" or "WLA" is the portion of a receiving
water's loading capacity that is allocated to one of its existing
or future point sources of pollution, as more fully defined at 40
CFR 130.2(h). In the absence of a TMDL approved by EPA pursuant
to 40 CFR 130.7 or an assessment and remediation plan developed
and approved in accordance with procedure 3.A of Appendix F of 40
CFR 132, a WLA is the allocation for an individual point source
that ensures that the level of water quality to be achieved by the
point source is derived from and complies with all applicable
water quality standards.
"Water Quality Based Effluent Limitation" or "WQBEL" is a limit
imposed in a permit so that the applicable water quality standard,
criteria or value is not exceeded outside of a designated mixing
zone.
"Wet Weather Point Source" means any discernible, confined and
discrete conveyance from which pollutants are, or may be,
discharged as the result of a wet weather event. Discharges from
wet weather point sources shall include only: discharges of storm
water from a municipal separate storm sewer as defined at 40 CFR
122.26(b)(8); storm water discharge associated with industrial
activity as defined at 40 CFR 122.26(b)(14); discharges of storm
water and sanitary wastewaters (domestic, commercial, and
industrial) from a combined sewer overflow; or any other
stormwater discharge for which a permit is required under section
402(p) of the Clean Water Act. A storm water discharge associated
with industrial activity which is mixed with process wastewater
shall not be considered a wet weather point source.
"Whole Effluent Toxicity" or "WET" means a test procedure that
determines the effect of an effluent on aquatic life.
Section 352.105 Incorporations by Reference
a) The Agency incorporates the following publications by reference.
Available from the Superintendent of Documents, U.S. Government
Printing Office, Washington D.C. 20402. (202)783-3238:
40 CFR 122.26(b)(8) (1996)
40 CFR 122.26(b)(14) (1996)
40 CFR 130.2(h) (1996)
40 CFR 130.2(i) (1996)
40 CFR 130.7 (1996)
Table 6 of 40 CFR 132 (1996)
Procedure 3.A of Appendix F of 40 CFR 132 (1996)
Procedure 5.b.2 of Appendix F of 40 CFR 132 (1996)
40 CFR 136 (1996)
b) This Section incorporates no future editions or amendments.
Section 352.106 Relationship to Other Regulations
Appendix F to 40 CFR 132 requires 9 specific permit procedures for which
Great Lakes states must adopt consistent provisions. Procedures 1 and 2 of
the Appendix requires procedures for site-specific modifications to
standards, criteria and values and procedures for variances from water
quality standards, criteria and values for point sources. These
requirements are within the authority of the Illinois Pollution Control
Board, not Illinois EPA, and therefore not contained in this Part. These
procedures are at 35 Ill. Adm. Code:Subtitle A, Chapter 1. Procedures 3
through 9 of the Appendix require specific procedures for permit issuance
and are contained in Subparts B through H of this Part. Subpart I contains
Agency permitting procedures related to the special antidegradation
provision for bioaccumulative chemicals of concern at 35 Ill. Adm. Code
305.521.
SUBPART B: DISCHARGES TO WATERS NOT CURRENTLY MEETING WATER QUALITY
STANDARDS, CRITERIA, OR VALUES
Section 352.200 Procedures for Establishing Permit Limitations for
Discharges to Waters Not Currently Meeting Water Quality Standards,
Criteria, or Values
Discharges tributary to any water body segment within the Lake Michigan
Basin that contains a parameter that is known to exceed the ambient water
quality standards and resulting in that water body being identified and
listed on the Agency's list of impaired waters required by Section 303(d)
of the Clean Water Act (33 U.S.C. 1313(d)) and 40 CFR 130.7(b)(6) shall
have limitations and conditions established by the Agency as follows:
a) All specific provisions and limitations contained within the most
recent adopted and USEPA approved Lake Michigan Lakewide
Management Plan (LaMP) that apply to any discharge covered by the
permit shall be considered for incorporation into the permit
consistent with subsection (e) below.
b) All requirements of a Remedial Action Plan (RAP) for an Area of
Concern (AOC) applicable to the subject discharge shall be
considered for incorporation into the permit consistent with
subsection (e) below.
c) Discharge limitations established through an approved Response
Action pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA), as amended, shall be
considered for incorporation into the permit consistent with
subsection (e) below.
d) Total Maximum Daily Loads (TMDLs) and Waste Load Allocations (WLA)
will be established through either the LaMP or a RAP for an Area
of Concern. If a LaMP or RAP has not been completed and adopted,
effluent limits shall be established consistent with the other
provisions of this Part, including but not limited to Additivity,
Intake Pollutants, Loading Limits, Level of Detection/Level of
Quantification and Compliance Schedules. When calculation of
TMDLs or a Waste Load Allocation is incomplete and it is expected
that limits established though other provisions will be superseded
upon completion of the TMDL or Waste Load Allocation process, said
limits shall be identified as interim and the permit shall include
a reopener clause triggered by completion of TMDL or WLA
determination. Any new limits brought about through exercise of
the reopener clause shall be eligible for delayed compliance dates
and compliance schedules consistent with Subpart H of this Part.
e) Any provisions or limitations referred to in subsection (a), (b),
(c), or (d) will be subject to public participation procedures
under State and federal law for TMDLs, certified by the Agency as
meeting the requirements of sections B through F of Procedure 3 of
Appendix F to 40 CFR 132, and approved by USEPA before being
incorporated into the permit. Appeal or judicial review
procedures will be the same as with any other permit terms.
SUBPART C: ASSESSING HUMAN HEALTH IMPACTS OF MULTIPLE TOXIC SUBSTANCES
INCLUDING ADDITIVITY PROCEDURES FOR CHLORINATED DIBENZO-
P
-DIOXINS AND
CHLORINATED DIBENZOFURANS
Section 352.300 Additivity for Combinations of Substances
35 Ill. Adm. Code 302.590 establishes an acceptable additive risk level of
one in 100,000 (10(-5)) for establishing Tier I criteria and Tier II values
for combinations of substances exhibiting a carcinogenic or other
nonthreshold toxic mechanism. For those discharges containing multiple
nonthreshold substances, application of this additive standard shall be
consistent with Sections 352.302 and 352.303.
Section 352.302 Values for 2,3,7,8-TCDD Toxicity Equivalence
Concentrations
a) For discharges in the Lake Michigan basin containing one or more
2,3,7,7,8-substituted chlorinated dibenzo-
p
-dioxins or
2,3,7,8-substituted dibenzofurans, the 2,3,7,8-TCDD toxicity
equivalence concentration (TEC[TCDD]) shall be determined as
outlined in subsection (b).
b) The values listed in this Table 1 shall be used to determine the
2,3,7,8-TCDD toxicity equivalence concentrations using the
following equation:
(TEC)[TCDD] = Sigma(C)[x] (TEF)[x] (BEF)[x]
where:
(TEC)[TCDD] = 2,3,7,8-TCDD toxicity equivalence concentration in
effluent
(C)[x] = Concentration of total chemical x in effluent
(TEF)[x] = TCDD toxicity equivalency factor for x
(BEF)[x] = TCDD bioaccumulation equivalency factor for x
TABLE 1
Congener TEF BEF
2,3,7,8-TCDD 1.0 1.0
1,2,3,7,8-PeCdd 0.5 0.9
1,2,3,4,7,8-HxCDD 0.1 0.3
1,2,3,6,7,8-HxCDD 0.1 0.1
1,2,3,7,8,9-HxCDD 0.1 0.1
1,2,3,4,6,7,8-HpCDD 0.01 0.05
OCDD 0.001 0.01
2,3,7,8-TCDF 0.1 0.8
1,2,3,7,8-PeCDF 0.05 0.2
2,3,4,7,8-PeCDF 0.5 1.6
1,2,3,4,7,8-HxCDF 0.1 0.08
1,2,3,6,7,8-HxCDF 0.1 0.2
2,3,4,6,7,8-HxCDF 0.1 0.7
1,2,3,7,8,9-HxCDF 0.1 0.6
1,2,3,4,6,7,8-HpCDF 0.01 0.01
1,2,3,4,7,8,9-HpCDF 0.01 0.4
OCDF 0.001 0.02
Section 352.303 Criteria for Consideration of Additivity for Nonthreshold
Toxic Substances
Any combination of carcinogenic or otherwise nonthreshold toxic substances
shall be assessed on a case by case basis. The Agency shall only consider
such additivity for chemicals that exhibit the same type of effect and the
same mechanism of toxicity, based on available scientific information that
supports a reasonable assumption of additive effects.
SUBPART D: ASSESSMENT OF REASONABLE POTENTIAL TO EXCEED WATER QUALITY
STANDARDS, CRITERIA, AND VALUES
Section 352.401 Applicability and Exclusions
The need for a WQBEL is based on the potential of a given parameter to
cause or contribute to a violation of the applicable water quality
standard, criteria, or value. In certain circumstances, this may entail
application of a mixing zone to the discharge before comparing the effluent
concentration of a substance to the water quality standard, criteria, or
value. The Agency shall conduct an analysis of the reasonable potential for
a given effluent to exceed or contribute to excursions above water quality
standards that may occur in the receiving body during the NPDES permit
review. This reasonable potential analysis is based on statistical analysis
of the effluent and the following factors:
a) Reasonable potential analysis is conducted on a
parameter-by-parameter basis. In instances where a reasonable
potential to exceed a water quality standard for a substance does
exist, it does not imply that a reasonable potential for all
parameters present in the effluent exists or that WQBELs for all
parameters are required.
b) The assignment of values for WQBELs is dependent on the
application of dilution or mixing zones. The process used for
permit review will be conducted in a stepwise approach with the
first step being a direct comparison of the Projected Effluent
Quality (PEQ) to the applicable water quality standard, criteria
or value. If the PEQ is less than or equal to the applicable
standard, criteria or value, the Agency will conclude that no
potential to exceed exists, that the analysis for that parameter
is completed and no WQBEL will be established in the permit unless
otherwise warranted under Section 352.430. If the PEQ exceeds the
applicable standard, criteria or value, the analysis shall proceed
to consideration of mixing and dilution pursuant to Section
352.422.
c) Exclusions from reasonable potential analysis. This procedure is
a statistically based evaluation of the need for WQBEL for toxic
substances based on the scientific approaches to toxicity
assessment contained within 40 CFR 9, 122, 123, 131, and 132.
This procedure is either not amenable to or appropriate for
certain pollutants and parameters included in the Lake Michigan
Basin water quality standards at 35 Ill. Adm. Code 302.Subpart E.
Therefore this procedure shall not be used to establish permit
limits for the following substances:
Alkalinity
Ammonia
Bacteria
Chlorine
Color
Dissolved Oxygen
Dissolved Solids
pH
Phosphorus
Temperature
Total and Suspended Solids
Turbidity
Sulfate
Biochemical Oxygen Demand (BOD)
Radioactivity
Boron
Section 352.410 Data Requirements
For a particular application, reasonable potential analysis is primarily
based on the effluent quality demonstrated by self-monitoring data, as
required by the NPDES permit, or Agency-generated data, such as effluent
sampling, facility-related stream studies, or whole effluent toxicity (WET)
testing. Effluent data used in derivation of Projected Effluent Quality
(PEQ) shall be selected to best represent the concentration and variability
of the pollutant in the discharge anticipated for the applicable period of
the NPDES permit. Data shall be collected and analyzed in accordance with
USEPA or Agency approved sampling and analytical methods. The following
criteria will be followed in data selection:
a) The most recent five years of data shall be used unless the Agency
determines that an alternative period better represents the time
period for which effluent quality is being projected. Such
alternative time periods may include but are not limited to
shorter periods that reflect changed discharge characteristics
resulting from changes in manufacturing activities or wastewater
treatment systems.
b) Data outliers and other anomalies resulting from collection,
analysis or recording errors or non-repeatable plant operation or
discharge conditions may be eliminated from the data.
Section 352.412 Conversion Factors for Dissolved and Total Metals
a) The numeric standards for certain metal parameters in 35 Ill. Adm.
Code 302.504 are established as dissolved forms of the substance
since the dissolved form more closely relates to the toxicology
literature utilized in deriving the standard. However, most
discharge monitoring data used in deriving a PEQ will be from a
total recoverable analytical method and permit limits if and when
established will be set at total recoverable to accommodate the
total recoverable analytical method. The Agency will use a
conversion factor to determine the amount of total metal
corresponding to dissolved metal for each metal with a water
quality standard set at dissolved concentration. In the absence of
facility specific data the following default conversion factors
will be used for both PEQ derivation and establishing WQBELs. The
conversion factor represents the portion of the total recoverable
metal presumed to be in dissolved form. The conversion values
given in the following table are multiplied by the appropriate
total recoverable metal concentration to obtain a corresponding
dissolved concentration which then may be compared to the acute or
chronic standard. A dissolved metal concentration may be divided
by the conversion factor to obtain a corresponding total metal
value which will generally be the metal form regulated in NPDES
permits.
Conversion Factor
Metal Acute Standard Chronic Standard
Arsenic 1.000 1.000
Cadmium 0.850 0.850
Chromium (Trivalent) 0.316 0.860
Chromium (Hexavalent) 0.982 0.962
Copper 0.960 0.960
Mercury 0.850 0.850
Nickel 0.998 0.997
Selenium 0.922 0.922
Zinc 0.978 0.986
b) A permittee may propose an alternate conversion factor for any
particular site specific application. The request must contain
sufficient site specific data, or other data that is
representative of the site, to identify a representative ratio of
the dissolved fraction to the total recoverable fraction of the
metal in the receiving water body at the edge of the mixing zone.
If a site specific conversion factor is approved, that factor will
be used for PEQ derivation and establishment of a WQBEL in lieu of
its default counterpart in subsection (a) above.
Section 352.421 Estimation of Projected Effluent Quality
a) The first step in determining if a reasonable potential to exceed
the water quality standard exists for any particular pollutant
parameter is the estimation of the maximum expected effluent
concentration for that substance. That estimation will be
completed for both acute and chronic exposure periods and is
termed the PEQ. The PEQ shall be derived from representative
facility specific data to reflect a 95 percent confidence level
for the 95th percentile value. These data will be presumed to
adhere to a lognormal distribution pattern unless the actual
effluent data demonstrates a different distribution pattern. If
facility specific data in excess of 10 data values is available, a
coefficient of variation that is the ratio of the standard
deviation to the arithmetic average shall be calculated by the
Agency. The PEQ is derived as the upper bound of a 95 percent
confidence bracket around the 95th percentile value through a
multiplier from the following table applied to the maximum value
in the data set that has its quality assured consistent with
Section 352.410 as appropriate for acute and chronic data sets.
PEQ = (maximum data point)(statistical multiplier)
Coefficient of Variation
No. Samples 0.1 0.2 0.3 0.4 0.5 0.6 0.7
1 1.4 1.9 2.6 3.6 4.7 6.2 8.0
2 1.3 1.6 2.0 2.5 3.1 3.8 4.6
3 1.2 1.5 1.8 2.1 2.5 3.0 3.5
4 1.2 1.4 1.7 1.9 2.2 2.6 2.9
5 1.2 1.4 1.6 1.8 2.1 2.3 2.6
6 1.1 1.3 1.5 1.7 1.9 2.1 2.4
7 1.1 1.3 1.4 1.6 1.8 2.0 2.2
8 1.1 1.3 1.4 1.6 1.7 1.9 2.1
9 1.1 1.2 1.4 1.5 1.7 1.8 2.0
10 1.1 1.2 1.3 1.5 1.6 1.7 1.9
11 1.1 1.2 1.3 1.4 1.6 1.7 1.8
12 1.1 1.2 1.3 1.4 1.5 1.6 1.7
13 1.1 1.2 1.3 1.4 1.5 1.6 1.7
14 1.1 1.2 1.3 1.4 1.4 1.5 1.6
15 1.1 1.2 1.2 1.3 1.4 1.5 1.6
16 1.1 1.1 1.2 1.3 1.4 1.5 1.6
17 1.1 1.1 1.2 1.3 1.4 1.4 1.5
18 1.1 1.1 1.2 1.3 1.3 1.4 1.5
19 1.1 1.1 1.2 1.3 1.3 1.4 1.5
20 1.1 1.1 1.2 1.2 1.3 1.4 1.4
30 1.0 1.1 1.1 1.1 1.2 1.2 1.2
40 1.0 1.0 1.1 1.1 1.1 1.1 1.1
50 1.0 1.0 1.0 1.0 1.0 1.0 1.0
60 or greater 1.0 1.0 1.0 1.0 1.0 1.0 1.0
Coefficient of Variation
0.8 0.9 1.0 1.1 1.2 1.3
10.1 12.6 15.5 18.7 22.3 26.4
5.4 6.4 7.4 8.5 9.7 10.9
4.0 4.6 5.2 5.8 6.5 7.2
3.3 3.7 4.2 4.6 5.0 5.5
2.9 3.2 3.6 3.9 4.2 4.5
2.6 2.9 3.1 3.4 3.7 3.9
2.4 2.6 2.8 3.1 3.3 3.5
2.3 2.4 2.6 2.8 3.0 3.2
2.1 2.3 2.4 2.6 2.8 2.9
2.0 2.2 2.3 2.4 2.6 2.7
1.9 2.1 2.2 2.3 2.4 2.5
1.9 2.0 2.1 2.2 2.3 2.4
1.8 1.9 2.0 2.1 2.2 2.3
1.7 1.8 1.9 2.0 2.1 2.2
1.7 1.8 1.8 1.9 2.0 2.1
1.6 1.7 1.8 1.9 1.9 2.0
1.6 1.7 1.7 1.8 1.9 1.9
1.6 1.6 1.7 1.7 1.8 1.9
1.5 1.6 1.6 1.7 1.8 1.8
1.5 1.5 1.6 1.6 1.7 1.7
1.3 1.3 1.3 1.3 1.4 1.4
1.1 1.2 1.2 1.2 1.2 1.2
1.1 1.1 1.1 1.1 1.1 1.1
1.0 1.0 1.0 1.0 1.0 1.0
1) If the PEQ is less than or equal to the water quality
standard, there is no reasonable potential and no limit will
be established in the permit.
2) If the PEQ is more than the water quality standard, the
Agency will proceed to consideration of dilution and mixing
pursuant to Section 352.422.
b) If facility-specific data of 10 or less data values is available,
an alternative PEQ shall be derived using the table in Section
352.421(a), assuming a coefficient of variation of 0.6, applied to
the maximum value in the data set that has its quality assured
consistent with Section 352.410.
1) If the PEQ is less than or equal to the water quality
standard, there is no reasonable potential and no limit will
be established in the permit.
2) If the PEQ exceeds the water quality standard, an alternative
PEQ will be calculated using the maximum value in the data
set and a multiplier of 1.4. If the alternative PEQ also
exceeds the PEL, the Agency will proceed to consider dilution
and mixing pursuant to Section 352.422.
3) If the PEQ exceeds the water quality standard but the
alternative PEQ is less than or equal to the standard, the
Agency will either proceed to consider dilution and mixing
pursuant to Section 352.422, or will incorporate a monitoring
requirement and reopener clause to reassess the potential to
exceed within a specified time schedule, not to exceed one
year. In determining which of these options to use in any
individual application, the Agency shall consider the
operational and economic impacts on the permittee and the
effect, if any, deferral of a final decision would have on an
ultimate compliance schedule if a permit limit were
subsequently determined to be necessary.
c) The Agency shall compare monthly average effluent data values,
when available, with chronic aquatic life, human health and
wildlife standards to evaluate the need for monthly average
WQBELs. The Agency shall use daily effluent data values to
determine whether a potential exists to exceed acute aquatic life
water quality standards.
d) The Agency may apply other scientifically defensible statistical
methods for calculating PEQ at the 95(th) percentile value for use
in the reasonable potential analysis as provided for in Procedure
5.b.2 of Appendix F to 40 CFR 132.
e) Regardless of the statistical procedure used, if the PEQ for the
parameter is less than or equal to the water quality standard for
that parameter, the Agency shall deem the discharge not to have a
reasonable potential to exceed, and a water quality based effluent
limit (WQBEL) shall not be required unless otherwise required
under Section 352.430.
Section 352.422 Dilution Allowance
If the PEQ for a parameter is greater than the particular water quality
standard, criteria or value for that parameter, the Agency will assess the
level of treatment being provided by the discharger. If the discharger is
providing (or will be providing) a level of treatment consistent with the
best degree of treatment required by 35 Ill. Adm. Code 304.102(a), the PEQ
derived under Section 352.421 shall be compared to a preliminary effluent
limitation (PEL) determined by applying an appropriate mixing zone or a
default mixing zone to the discharge. Mixing opportunity and dilution
credit will be considered as follows:
a) Discharges to tributaries of the Lake Michigan Basin shall be
considered to have no available dilution for either acute or
chronic exposures, and the PEL will be set equivalent to the water
quality standard unless dilution is documented through a mixing
zone study.
b) Direct discharges to the Open Waters of Lake Michigan shall have a
default mixing allowance of 2:1 for acute standards, criteria or
values and 10:1 for chronic standards, criteria or values if the
discharge configuration indicates that the effluent readily and
rapidly mixes with the receiving waters. If ready and rapid mixing
is in doubt the Agency shall deny any default dilution or mixing
allowance and require a mixing or dispersion study to determine
the proper dilution allowance. If the discharger applies for more
than the default dilution or mixing allowance, it must submit a
mixing or dispersion study to justify its request. Whenever a
mixing or dispersion study is available, it shall be used to
determine dilution or mixing allowance in lieu of the default
allowance.
Section 352.423 Calculation of Preliminary Effluent Limitation
a) The PEL is calculated in a simple mass balance approach reflecting
the dilution allowance established in Section 352.422:
WQS = [(Qe)(PEL) + (Qd)(Cd)] / [Qe + Qd]
or
PEL = [WQS(Qe + Qd) - (Qd)(Cd)] / Qe
where:
WQS = applicable water quality standard, criteria or value
Qe = effluent flowrate
Qd = allowable dilution flowrate
Cd = background pollutant concentration in dilution water
b) The representative background concentration of pollutants to
develop TMDLs and WLAs calculated in the absence of a TMDL shall
be established as follows:
1) "Background" represents all pollutant loadings, specifically
loadings that:
A) Flow from upstream waters into the specified watershed,
water body, or water body segment for which a TMDL or
WLA in the absence of a TMDL is being developed.
B) Enter the specified watershed, water body, or water body
segment through atmospheric deposition, chemical
reaction, or sediment release or resuspension.
2) When determining what available data are acceptable for use
in calculating background, the Agency shall use its best
professional judgment, including consideration of the
sampling location and the reliability of the data through
comparison, in part, to detection and quantification levels.
When data in more than 1 of the data sets or categories
described in susection (3) of this subsection (b) exists,
best professional judgment shall be used to select the data
that most accurately reflects or estimates background
concentrations. Pollutant degradation and transport
information may be considered when using pollutant loading
data to estimate a water column concentration.
3) The representative background concentration for a pollutant
in the specified watershed, water body, or water body segment
shall be established as the geometric mean of acceptable
water column data or water column concentrations estimated
through the use of acceptable or projected pollutant loading
data. When determining the geometric mean of the data for a
pollutant that includes values both above and below the
detection level, values less than the detection level shall
be assumed to be present at 1/2 of the detection level if the
detection level is less than the lowest water quality value
for that pollutant. If all of the acceptable data in a data
set are below the detection level for a pollutant, then all
the data for the pollutant in that data set shall be assumed
to be zero. If the detection level of the available data is
greater than the lowest water quality value for the
pollutant, then the background concentration will be
determined by the Agency on a case-by-case basis after
considering all representative data, including acceptable
fish tissue data.
Section 352.424 Determination of Reasonable Potential
a) If the PEQ is less than or equal to the PEL, it will be concluded
that there is no reasonable potential to exceed. Under such
circumstances a permit limit for that contaminant will not be set
unless otherwise justified under one or more provisions of Section
352.430.
b) If the PEQ is greater than the PEL, and the PEQ was calculated
using a data set of more than 10 values, a water quality based
effluent limitation (WQBEL) will be included in the permit. If
the PEQ was calculated using a data set of less than or equal to
10 values, and the alternative PEQ calculated under Section
352.421(b) also exceeds the PEL, a WQBEL will be included in the
permit.
c) If the PEQ was calculated using a data set of less than or equal
to 10 values, and the PEQ is greater than the PEL but the
alternative PEQ is less than the PEL, the Agency will either
establish a WQBEL in the permit or incorporate a monitoring
requirement and reopener clause to reassess potential to exceed
within a specified time schedule, not to exceed one year. In
determining which of these options to use in any individual
application, the Agency shall consider the operational and
economic impacts on the permittee and the effect, if any, deferral
of a final decision would have on an ultimate compliance schedule
if a permit limit were subsequently determined to be necessary.
d) The WQBEL will be set at the PEL, unless the PEL is appropriately
modified to reflect credit for intake pollutants when the
discharged water originates in the same water body to which it is
being discharged. Consideration of intake credit will be limited
to the provisions of Section 352.425.
e) The reasonable potential analysis shall be completed separately
for acute and chronic aquatic life effects. When WQBELs are based
on acute impacts, the limit will be expressed as a daily maximum.
When the WQBEL is based on chronic effects, the limit will be
expressed as a monthly average. Human health and wildlife based
WQBELs will be expressed as monthly averages. If circumstances
warrant, the Agency shall consider alternatives to daily and
monthly limits.
Section 352.425 Intake Credits
a) 35 Ill. Adm. Code 304.105 provides that no effluent may cause or
contribute to a violation of a water quality standard but Section
304.103 provides that it is not the intent of 35 Ill. Adm. Code
304 to clean up contamination caused by upstream sources or
incidental traces of contaminants. If a discharge contains a
toxic substance solely due to its presence in intake water from
the same water body receiving the discharge, the Agency may
determine there is no reasonable potential for that discharge to
cause or contribute to an exceedance for that substance and
therefore not establish a WQBEL in the permit. Agency application
of such intake credits will be restricted to the following
conditions:
1) 100% of the water comprising the discharge is withdrawn from
the same body of water that receives the discharge.
2) The permitee does not contribute any additional mass of the
identified intake toxic substance to its discharge.
3) The permitee does not alter the identified intake pollutant
chemically or physically in a manner that would cause adverse
water quality impacts to occur that would not occur if the
substance were left in the water body.
4) The discharge does not result in an increase above the intake
concentration at any applicable point below the discharge
outside a mixing zone unless such increase does not cause an
excursion above the applicable water quality standard,
criteria or value.
5) The timing and location of the discharge would not cause
adverse impacts to occur that would not occur if the
substance were left in the water body.
b) If the source water contains a pollutant at a concentration in
excess of an applicable water quality standard, criteria or value
and there is some net addition of that parameter due to activities
or operations of the permittee or source tributary to the
discharge, the Agency will restrict intake credits to the
following circumstances:
1) The Agency will establish permit limits allowing no greater
discharge than the concentration and mass present in the
intake water as a "no net increase limit".
2) Intake credit will only be allowed for that portion of intake
pollutant loading present in source water withdrawn from the
same body of water receiving the discharge. If any of the
intake pollutant is removed through a water treatment process
prior to utilization by the permittee, intake credit will be
restricted to the concentration and mass emerging from the
water treatment process.
3) Any permits incorporating "no net increase" provisions must
include notice to the permittee that current federal guidance
prohibits allowance of such limits after March 23, 2007. The
permit need not include an expiration date at the time of
issuance but must give fair warning that continuation in
future permit renewals is questionable due to anticipated
federal requirements. The sunset of "no net increase"
allowances after March 23, 2007 is mandated in USEPA's Water
Quality Guidance for the Great Lakes System, 60 FR 15366,
March 23, 1995. The preamble to this guidance contains a
commitment from USEPA to reconsider this requirement by March
23, 2002 with the possibility of extending or deleting this
deadline.
4) If a facility's treatment system under proper operation and
maintenance results in removal of the intake pollutant of
concern to a discharge level that is below the level in the
intake water, the Agency will establish effluent limits that
reflect the lower mass and concentration of the pollutant
achievable and feasible by such treatment.
5) The issuance of a permit incorporating "no net increase"
provisions shall not affect or modify the requirement of 35
Ill. Adm. Code 304.103, that effluent standards in 35 Ill.
Adm. Code 304 must be complied with without subtracting
background concentrations, except that compliance with those
standards is not required when effluent concentrations for
the facility in excess of the standard result entirely from
evaporation or incidental traces of materials not utilized or
produced in the activity.
c) When, pursuant to 35 Ill. Adm. Code 352.425(a), the Agency
declines to establish a WQBEL that would otherwise be warranted
under other provisions of this Part, the permit shall contain
requirements sufficient to demonstrate that the terms of
subsection (a) of this Section are being maintained. Appropriate
permit requirements may include influent, effluent and ambient
monitoring, and a reopener clause authorizing modification or
revocation and reissuance if new information demonstrates that
intake credit is no longer justified.
Section 352.430 Instances Requiring Effluent Limits, Other Conditions, or
Additional Data
The Agency will consider the following factors when determining whether
further data needs to be gathered in order to decide if a reasonable
potential to exceed water quality standards exists. These factors may also
warrant inclusion of a permit limit for a substance or substances that do
not display a reasonable potential to exceed through the analysis of
Sections 352.420 through 352.425.
a) The facility's effluent is subject to federal categorical limits
under 40 CFR 405 through 471 for the substance.
b) A substance(s) is present in the raw wastewater in significant
quantities such that treatment at the facility is designed to
remove that substance.
c) A substance is discharged in quantities that are sufficient to
warrant limits in the permit due to batch or highly variable waste
generation processes wherein substances are potentially discharged
infrequently or sporadically and therefore may avoid detection by
intermittent sampling of the final effluent.
d) The facility has a record of spill events involving certain
substances and there is evidence that those substances are
discharged in quantities that are sufficient to merit inclusion of
permit limits.
e) Historical information or the knowledge of Agency field inspectors
indicate that a potential for discharge of a substance exists and
there is evidence that the substance would be discharged in
quantities sufficient to merit inclusion of permit limits.
f) For each pollutant listed in Table 6 to 40 CFR 132 (1996) which a
permittee reports as known or believed to be present in its
discharge and for which data sufficient to calculate tier II
values for noncancer human health and acquatic life do not exist
all of the following provisions apply:
1) The Agency shall use all available, relevant toxicity
information to estimate ambient screening values for the
pollutant that will protect humans from noncancer health
effects and aquatic life from acute and chronic effects.
2) Using the provisions specified in Section 352.423, the Agency
shall develop a PEL based on the estimated ambient screening
value as determined in subsection (f)(1) of this Section, and
compare the PEL with the PEQ. If the PEQ exceeds the PEL,
then the Agency shall generate the minimum data necessary to
derive tier II values for noncancer human health and aquatic
life.
3) The data generated in accordance with subsection (f)(2) of
this Section shall be used to calculate water quality values.
The values shall be used in calculating a PEL pursuant to
Section 352.423 for the purpose of determining whether a
WQBEL must be included in the permit. If the Agency finds
that the PEQ exceeds the PEL, the Agency shall follow the
procedures under Section 352.424 to determine whether a WQBEL
must be established in the permit.
Section 352.440 Special Provisions for Noncontact Cooling Water
Notwithstanding the other provisions of this Part, the Agency will not
impose WQBELs for a discharge consisting solely of once through noncontact
cooling water withdrawn entirely from the same body of water receiving the
discharge, except in accordance with the following:
a) The Agency may require a WQBEL based on an acute aquatic criterion
for a substance of acute whole effluent toxicity when information
is available indicating that such a limit is necessary to protect
aquatic life, unless the discharger is able to demonstrate that
the presence of the substance or WET is due solely to its presence
in the intake water.
b) If a substance is present at elevated levels in the noncontact
cooling water wastestream due to improper operation or
maintenance of the cooling system, and this substance is or may be
discharged at a level that will cause or contribute to an
excursion above a numeric standard, criterion or value for a toxic
substance as determined under this Part, a WQBEL shall be
established for that substance.
c) If the permitee uses or proposes to use additives in the
noncontact cooling water, the additives shall be evaluated using
the reasonable potential procedures of this Part to determine
whether WQBELs are necessary for the wastestream.
d) If the noncontact cooling water is blended with other wastestreams
prior to final discharge, the provisions of this Section are
restricted to the noncontact cooling wastestream and any permit
limitations on the other commingling wastestreams shall include
internal monitoring points or other appropriate methods to assess
compliance prior to blending.
SUBPART E: APPLICATION OF WHOLE EFFLUENT TOXICITY REQUIREMENTS
Section 352.500 Procedures for Establishing Permit Limits and Special
Provisions for the Potential to Exceed Determination
35 Ill. Adm. Code 302.540 prohibits the presence of a substance or
combination of substances that produces an acute or chronic aquatic life
toxic condition at any applicable location within any water body of the
Lake Michigan Basin. The "combination of substances" terminology includes
effluent discharges. Except as provided through the mixing zone regulations
of 35 Ill. Adm. Code 302.102 this toxicity standard applies at all points
within the Lake Michigan Basin. The Agency shall apply the aquatic life
toxicity standard to whole effluents as follows:
a) No effluent shall cause an exceedance of 0.3 acute toxicity unit
(TU[a]) outside a Zone of Initial Dilution (ZID) issued pursuant
to 35 Ill. Adm. Code 302.102(e); except that no acute whole
effluent toxicity permit limit shall be more restrictive than 1.0
TU[a] at the point of discharge.
b) No effluent shall cause an exceedance of 1.0 chronic toxicity unit
(TU[c]) in any waters of the Lake Michigan Basin except as
provided in mixing zone provisions of 35 Ill. Adm. Code 302.102
and 302.530.
Section 352.520 Whole Effluent Toxicity Data
When assessing reasonable potential to exceed, WET data shall be
characterized consistent with the following:
a) When multiple acute toxicity values for individual species are
available for a single day, those values shall be averaged to
represent one daily value. The maximum of all representative
daily values for the most sensitive species tested shall be used
for determination of potential to exceed the acute toxicity
standard.
b) When multiple chronic toxicity values for individual species are
available for a single calendar month, those values shall be
averaged to represent one monthly value. The maximum of all
representative monthly values for the most sensitive species
tested shall be used for determination of reasonable potential to
exceed the chronic toxicity standard.
c) When there is insufficient WET data to adequately characterize the
toxicity of the effluent to aquatic life, in lieu of a WET limit
the Agency will include one or both of the following provisions in
the permit:
1) WET testing requirements to generate sufficient data to
adequately characterize the toxicity of the effluent;
2) A permit reopener clause which authorizes the Agency, based
upon the results of the WET tests required under subsection
(c)(1), to establish toxicity reduction evaluation
requirements, or WET limits, or both, if necessary to meet
the toxicity standard, and a compliance schedule if
appropriate.
Section 352.530 Estimation of Projected Effluent Quality (PEQ)
A minimum of five representative toxicity tests is necessary to calculate a
PEQ. If less than five test results are available and there is evidence
that effluent toxicity may exist, additional toxicity testing shall be
required consistent with Section 352.520(c). Whenever sufficient data
exists, the PEQ is estimated to be the maximum representative value
determined from Section 352.520(a) and (b), expressed in terms of acute and
chronic toxicity units (TU[a] & TU[c]) increased by a multiplying factor
from the table in Section 352.421. If more than 10 facility specific data
values are available, and the PEQ is more than either 1.0 TU[a] or 1.0
TU[c], the Agency will proceed to consideration of dilution and mixing
under Section 352.540 for the relevant effect (acute, chronic, or both).
If less than 10 facility specific data values are available, and the PEQ is
more than either 1.0 TU[a] or 1.0 TU[c], the Agency will follow the process
set forth in Section 352.421(b) to determine whether to proceed to Section
352.540. If the PEQ is less than or equal to 1.0 TU[a] or less than or
equal to 1.0 TU[c], no WET limit will be established in the permit for the
relevant standard.
Section 352.540 Calculation of Preliminary Effluent Limitation (PEL)
If the PEQ is more than either 1.0 TU[a] or 1.0 TU[c], or as otherwise
provided in Section 352.530, the Agency will determine eligibility for a
dilution allowance consistent with Section 352.422. The preliminary
effluent limitation (PEL) expressed in terms of acute and chronic toxicity
units (TU[a] and TU[c]) shall be calculated pursuant to Section 352.423.
Unless there is data indicating otherwise, the pollutant concentration in
the background water (Cd) will be assumed to be zero.
Section 352.550 Establishing Whole Effluent Toxicity Conditions
a) If the PEQ derived from Section 352.530 is less than or equal to
the PEL calculated in Section 352.540, it will be concluded that
there is no reasonable potential to exceed. Under such
circumstances a permit limit will not be set unless otherwise
justified under one or more provisions of Section 352.430.
b) If the PEQ is greater than the PEL, and more than 10 facility
specific data values were used in deriving the PEQ, either a whole
effluent toxicity limit will be incorporated into the permit or
the causative toxic substances will be limited consistent with
Subpart D of this Part.
c) If 10 or fewer data values were used in deriving the PEQ, the
Agency will calculate an alternative PEQ, using the method
specified in Section 352.421(b). If the alternative PEQ is
greater than the PEL, appropriate limits will be incorporated into
the permit, as in the situation where more than 10 data values are
available. If the alternative PEQ is less than or equal to the
PEL, the Agency will either establish appropriate limits in the
permit or incorporate a monitoring requirement and reopener clause
to reassess the potential to exceed within a specified time
schedule, not to exceed one year. In determining which of these
options to use in any individual application, the Agency shall
consider the operational and economic impacts on the permittee and
the effect, if any, deferral of a final decision would have on an
ultimate compliance schedule if a permit limit were subsequently
determined to be necessary.
d) It is the preference of the Agency to limit the individual toxic
substances producing the toxicity whenever they can be identified.
Therefore whole effluent toxicity limits will not be imposed
whenever the toxicity can be resolved by regulating individual
substances. If, however, a WET limit is necessary, the limit will
be set at the PEL calculated pursuant to Section 352.540. If
compliance cannot be achieved upon permit issuance, the permit may
also include requirements for a toxicity reduction evaluation
program, interim discharge limits and a compliance schedule.
SUBPART F: MASS LOADING LIMITS
Section 352.600 Mass Loading Limits
Whenever a water quality based effluent limitation (WQBEL) is established
in a permit, the WQBEL shall be expressed as both a concentration value and
a corresponding mass loading rate.
a) Both mass and concentration limits shall be based on the same
permit averaging periods such as daily or monthly averages, or in
other appropriate permit averaging periods.
b) The mass based WQBEL shall be calculated using effluent flow rates
that are the same as those used in establishing the
concentration-based WQBEL.
c) Mass load limits are not required for parameters which cannot be
appropriately expressed in terms of mass as listed below:
pH
temperature
radiation
bacteria
dissolved oxygen
d) Discharges that are subject to substantial flow variation such as
wet weather flows or varied production schedules may have mass
limits established in a tiered fashion coinciding with different
flow regimes. Typically two tiered mass limits will be
established. One set shall be based on dry-weather effluent
flowrate and the appropriate stream design flow. The second mass
limit shall be based on effluent and stream flowrates
representative of wet weather conditions.
SUBPART G: EFFLUENT LIMITS BELOW THE LEVEL OF QUANTIFICATION
Section 352.700 Water Quality Based Effluent Limits Below Detection or
Quantification
a) When a WQBEL for a toxic substance is calculated to be less than
the quantification level, the permit shall include a discharge
limit, method and quantification level consistent with the
following:
1) The permit shall include the WQBEL as calculated.
2) The permit shall specify the most sensitive applicable
analytical method adopted by the Board and contained in or
approved under 40 CFR 136, or other appropriate method
adopted by the Board if one is not available under 40 CFR
136. The analytical method adopted by the Board and specified
in the permit shall be the method used for compliance
assessment including enforcement actions.
3) The permit shall also identify the quantification level that
can be achieved with the method specified pursuant to
subsection (a)(2). That quantification level shall be the
minimum level (ML) specified in or approved under 40 CFR 136
for the selected method for the toxic substance. If no such
ML exists, or if the method is not specified or approved
under 40 CFR 136, the quantification level shall be the
lowest quantifiable level practicable. In determining the
practicability of a method, the Agency shall consider
achievability of the identified detection level by competent
commercial laboratories.
4) A higher quantification level may be established if
demonstrated to be appropriate due to effluent-specific
matrix interference. The Agency may consider alternative
methods adopted by the Board for deriving quantification
levels if those methods are demonstrated to be scientifically
defensible.
b) The permit shall include a condition requiring the permittee to
develop and conduct a pollutant minimization program (PMP) for
each pollutant with a WQBEL below the quantification level, unless
the permittee can demonstrate that an alternative technique is
adequate to assess compliance with the WQBEL. The goal of the PMP
shall be to attain and maintain the discharge at or below the
WQBEL. The PMP shall include but is not limited to the following:
1) An annual review of potential sources of the toxic substance;
2) Periodic monitoring as necessary in order to assess progress
toward the goal of the PMP;
3) Implementation of appropriate cost-effective control measures
at the earliest practicable time after sources are
identified; and
4) Submittal of an annual, unless otherwise specified in the
permit, status report containing all minimization program
monitoring results of the reporting period, a listing of
potential sources of the toxic substance, a summary of all
actions and control measures taken to reduce or eliminate the
identified sources of the toxic substance and an overview of
anticipated future steps in the PMP.
c) The permit may contain a condition requiring fish tissue
monitoring, other bio-uptake sampling, facility sludge monitoring,
or a combination of such sampling as necessary to assess the
progress of the PMP.
d) The permit shall contain a reopener clause providing for
subsequent modification or revocation and reissuance of the permit
as warranted by the results of the PMP pursuant to subsection (b),
or the availability of new or alternative analytical methods. Such
modification or reissuance may accommodate more or less frequent
monitoring, a new alternative analytical method or quantification
level, or both if appropriate and consistent with subsection
(a)(3), or modification or removal of the PMP.
SUBPART H: COMPLIANCE SCHEDULES
Section 352.800 Compliance Schedules
Section 39(b) of the Environmental Protection Act [415 ILCS 5/39(b)] and 35
Ill. Adm. Code 309.148 authorize the Agency to establish schedules of
compliance in NPDES permits for a number of circumstances, including a
discharge that is not in compliance with applicable water quality
standards. NPDES permits with compliance schedules within the Lake Michigan
Basin shall be issued according to the following procedures:
a) No delayed compliance dates may be included for new discharges
within the basin. Permits issued on or after February 20, 1998
that contain a water quality based effluent limit (WQBEL) shall
require compliance with the WQBEL upon commencement of the
discharge.
b) Any existing permit reissued or modified after February 20, 1998
that contains a new or more restrictive WQBEL shall allow a
reasonable period of time, up to five years after the date of
permit issuance or modification, for the permitee to comply with
that limit.
c) If the compliance schedule established under subsection (b)
extends beyond one year after the date of permit issuance or
modification, the schedule shall set forth interim requirements
and dates for their achievement as appropriate.
d) Whenever a WQBEL for a toxic substance based on a Tier II value
derived pursuant to 35 Ill. Adm. Code 302.563 or 302.565(b) is
included in a reissued or modified permit for an existing
discharge, the permit shall provide a reasonable period of time,
up to two years, to acquire additional data necessary to develop a
Tier I criteria or to modify the Tier II value. In such cases,
the permit shall require compliance with the Tier II limitation
within a reasonable period of time, consistent with subsections
(e) and (f) below and contain a reopener clause consistent with
subsection (e).
e) The reopener clause referenced in subsection (d) shall authorize
permit modifications if additional data become available during
the time allowed which demonstrates that a revised WQBEL is
appropriate. The revised WQBEL shall be incorporated through
permit modification and a reasonable time period, up to five years
after the date of permit modification, shall be allowed for
compliance. If incorporated prior to the compliance date of the
original Tier II limitation, any such revised limit shall not be
considered less stringent for purposes of the anti-backsliding
provisions of Section 402(o) of the Clean Water Act.
f) If a revised WQBEL is not demonstrated to be appropriate during
the time period allowed to collect additional data and derive a
Tier I criteria or revised Tier II value, the Agency may provide
a reasonable additional period of time, not to exceed five years
after the end of the data collection period, to achieve compliance
with the original effluent limitation.
SUBPART I: ANTIDEGRADATION PROVISIONS FOR BIOACCUMULATIVE CHEMICALS OF CONCERN
Section 352.900 Antidegradation Provisions for Bioaccumulative Chemicals
of Concern (BCCs)
Whenever a new or increased loading of any BCC is proposed from an existing
or new facility or activity, either point or nonpoint source, that is
subject to NPDES permitting, Clean Water Act Section 401 water quality
certification, or Lake Michigan dredge and fill permits under Section 39(n)
of the Illinois Environmental Protection Act [415 ILCS 5/39(n)], the Agency
shall require an antidegradation demonstration.
a) Exceptions
1) Changes in loading of a BCC within the existing capacity and
processes that are covered by the existing permit including
but not limited to:
A) Normal operational variability including but not limited
to intermittent increased discharges due to wet weather
conditions;
B) Changes in intake water pollutants not caused by the
discharger;
C) Increasing the production hours of the facility;
D) Increasing the rate of production.
2) New limits for an existing permitted discharge or activity
that are not the result of changes in pollutant loading, and
will not allow an increase in pollutant loading, including
new limits that are a result of the following:
A) New or improved monitoring data;
B) New or improved analytical methods;
C) New or modified water quality criteria or values;
D) New or modified effluent limitations guidelines,
pretreatment standards, or control requirements for
POTWs.
3) Those actions listed in 35 Ill. Adm. Code 302.512(c), if
determined to be exempt by the Agency, including:
A) Short term, temporary consisting of weeks or months
lowering of water quality;
B) Bypasses that are not prohibited at 40 CFR 122.41(m);
and
C) Response actions pursuant to the comprehensive
Environmental Response and Liability Act (CERCLA), as
amended, or similar federal or State authority
undertaken to alleviate a release into the environment
of hazardous substances, pollutants or contaminants
which may pose an imminent and substantial danger to
public welfare.
b) Antidegradation Demonstrations
1) An entity seeking new or increased loading allowance for a
BCC into the Lake Michigan Basin must complete and submit an
antidegradation demonstration adequate to substantiate the
important economic or social development expected to result
and to specify the pollutant minimization plan to accompany
any allowable increase in BCC loading for Agency review. The
Agency will consult with such entities regarding the scope of
the demonstration if requested. A demonstration will address
the following elements pertaining to anticipated important
economic and social development:
A) The extent to which employment will be increased in the
area;
B) The extent to which production levels will increase in
the area;
C) The extent to which the proposed change will avoid
otherwise anticipated reduction in employment or
production levels;
D) The extent to which the activity will be providing
economic or social benefit to the area;
E) The extent to which the activity will be correcting an
environmental or public health problem.
2) The demonstration must also address the sources of the BCC
and include a comprehensive assessment of pollution
prevention alternatives and alternative or enhanced treatment
techniques. This analysis and any other relevant information
will form the basis for a pollutant minimization plan to
accompany any permissible increased loading allowance.
3) If the Agency tentatively determines that increased BCC
loading is allowable pursuant to 35 Ill. Adm. Code
302.520(a), such determination, including any conditions of
the allowance such as but not limited to pollutant
minimization steps, monitoring and reporting requirements,
and special restrictions on operation, shall be fully
described and subject to the public notice provisions of 35
Ill. Adm. Code 309 for NPDES permits, 35 Ill. Adm. Code 395
and the federal procedures established for the issuance of
Clean Water Act Section 404 permits, or the procedures of
Section 18 of the Rivers, Lakes and Streams Act [615 ILCS
5/18] for permits under Section 39(n) of the Illinois
Environmental Protection Act [415 ILCS 5/39(n)]. Final
action that would approve increased BCC loading shall not be
taken until completion of the public participation process.