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ILLINOIS POLLUTION CONTROL BOARD

November 15, 2001

IN THE MATTER OF: )

)

WASTEWATER PRETREATMENT ) R02-9

UPDATE, USEPA AMENDMENTS ) (Identical-in-Substance

(October 3, 2001) ) Rulemaking - Public Water Supply)

Proposed Rule. Proposal for Public Comment.

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

The Board received a motion for expedited consideration from the Illinois Environmental

Protection Agency (Agency) and the Metropolitan Water Reclamation District of Greater

Chicago (MWRDGC) on October 31, 2001. By that motion, the Agency and the MWRDGC

requested that the Board expedite consideration of certain amendments adopted by United States

Environmental Protection Agency (USEPA) on October 3, 2001. Those federal amendments are

intended to implement the federal Project eXellence and Leadership (Project XL). The joint

motion requested that the Board incorporate the October 3, 2001 federal amendments into the

wastewater pretreatment amendments proposed by the Board in Wastewater Pretreatment

Update, USEPA Amendments (January 1, 2001 through June 30, 2001), R02-3 (October 4,

2001).

The Board has considered the joint motion for expedited consideration, and we will grant

the motion by considering the federal amendments of October 3, 2001, under this separate

docket. We will not consider the federal amendments in the pending wastewater pretreatment

update docket, R02-3. The Notice of Proposed Amendments for the R02-3 proceeding has

already appeared in the

Illinois Register

, on October 26, 2001 (at 25 Ill. Reg. 13373). The R02-3

proceeding further involves a very narrow subject matter that is distinct from the federal

amendments of October 3, 2001; R02-3 involves a single set of federal technical corrections to

the test procedures for determination of mercury in water and wastewater, adopted by USEPA on

June 18, 2001 (at 66 Fed. Reg. 32774). It will require only an update of the version of 40 C.F.R.

136 incorporated by reference in 35 Ill. Adm. Code 310.107. Opening this separate docket is the

more appropriate action under these circumstances.

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

and 13.3 (2000)), the Board today proposes amendments to the Illinois regulations that are

“identical in substance” to wastewater pretreatment regulations that the USEPA adopted to

implement Sections 307(b), (c), and (d) and 402(b)(8) and (b)(9) of the federal Water Pollution

Control Act (FWPCA) (33 U.S.C. §§ 1317(b), (c), and (d) and 1342(b)(8) and (b)(9) (1994)).

The federal action that underlies this docket includes the federal wastewater pretreatment

amendments that USEPA adopted on October 3, 2001.

Sections 7.2 and 13.3 provide for quick adoption of regulations that are identical in

substance to federal wastewater pretreatment regulations that USEPA adopts to implement

Sections 307(b), (c), and (d) and 402(b)(8) and (b)(9) of the FWPCA. Section 13.3 also provides

that Title VII of the Act and Section 5 of the Administrative Procedure Act (APA) (5 ILCS

100/5-35 and 5-40 (2000)) do not apply to the Board’s adoption of identical-in-substance

regulations. The federal wastewater pretreatment regulations are found at 40 C.F.R. 400 through

499.

The Board will cause the proposed amendments to be published in the

Illinois Register

and will hold the docket open to receive public comments for 45 days after the date of

publication.

THE FEDERAL ACTION CONSIDERED IN THIS RULEMAKING

On October 3, 2001 (at 66 Fed. Reg. 50334), USEPA amended the federal wastewater

pretreatment regulations to facilitate its Project XL. Project XL allows the imposition of

alternative requirements to the generally applicable environmental regulations for the sake of

achieving greater environmental benefits by alternative means. The specific October 3, 2001

Project XL action incorporated a new provision in the federal wastewater pretreatment

regulations that would allow the State to issue permits that relax the generally applicable

regulations in favor of imposing alternative requirements that would confer greater

environmental benefits than would compliance with the generally applicable rules. USEPA

undertook the October 3, 2001 Project XL action for the immediate benefit of five publicly

owned treatment works (POTWs), including the MWRDGC, which is regulated under the

Illinois wastewater pretreatment program.

The new provision added to the federal regulations,

however, is drafted broadly enough that it would apply to other POTWs in the future.

DISCUSSION

The Board incorporated the October 3, 2001 federal amendments to the wastewater

pretreatment regulations into the Illinois wastewater pretreatment regulations with minimal

deviation from the federal text. Persons interested in the substance of the underlying federal

action should refer to the notice that appeared in the October 3, 2001 issue of the

Federal

Register

. This discussion considers only incorporating the federal Project XL provision into the

Illinois regulations. The Board has found it necessary to deviate from the text of the federal

regulations, and this discussion focuses on those deviations.

The first addition to the federal text is the addition of a definition of “Project XL” to the

Illinois regulations. We added this definition to Section 310.110, the centralized body of

definitions intended for use with the wastewater pretreatment regulations. To define “Project

XL” the Board referred to the federal “Project for eXcellence and Leadership” and facility-based

and community-based regulatory reinvention projects as described in the two

Federal Register

notices that announced initiation of the federal program. On May 23, 1995, at 60 Fed. Reg.

27282, USEPA announced the program for facility-based projects, and on November 1, 1995, at

The other four POTWs are the following: The Narragansett Bay Commission in Rhode Island,

the Jeffersontown Wastewater Treatment Plant in Kentucky, the City of Albuquerque, New

Mexico, and the City of Denton, Texas.

60 Fed. Reg. 55569, USEPA announced expansion of the program to include community-based

projects. The definition refers to both

Federal Register

notices. The Board invites comment on

our added definition of “Project XL.”

A second deviation from the federal text relates to the structural changes made in

adapting 40 C.F.R. 403 into the Illinois rules at 35 Ill. Adm. Code 310. Many of the federal

provisions have been divided into several Sections in the Illinois regulations. Often, a single

federal provision equates to a Subpart of Part 310 of the Illinois rules. In codifying the new

Project XL-related federal provision, 40 C.F.R. 403.20, the Board has modified the federal text

to make the rule conform to this existing codification scheme. We have codified new 40 C.F.R.

403.20 as a single Section, 35 Ill. Adm. Code 310.930, but we have placed it in a new Subpart L,

pertaining to federal Project XL agreements.

A less desireable alternative is to place this new Section in existing Subpart K, which

currently includes a few Sections based on 40 C.F.R. 403.18, relating to modification of

pretreatment programs. This alternative, however, would require deviation from the existing

structure of the Part 310, and it could lead to confusion of the two distinct subject matters of

existing Subpart K and Section 310.930. The Board requests comments on our creation of

Subpart L for new Section 310.930.

A third set of deviations from the federal text relates to the structure of the rule. The

Board has divided the federal text into a preamble and two subsections, (a)(1) and (a)(2). We

believe that this division enhances the clarity of the text by separating the general ability of the

Agency to issue permits based on Project XL agreements (in the preamble), the requirement for

the POTW to submit alternative requirements as a substantial program modification (in

subsection (a)(1)), and the requirement for inclusion of a reopener clause in the permit (in

subsection (a)(2)). We have designated the federally derived text as subsections (a)(1) and

(a)(2), rather than as subsections (a) and (b) because the Board has added language to this

provision to conform it to the Illinois regulatory scheme, as described below. We invite

comment on our division of the federally derived text into three segments to enhance the clarity

of the rule.

A fourth set of deviations from the text of 40 C.F.R. 403.20 relates to differences in the

federal and Illinois regulatory schemes. At the federal level, one agency, USEPA, establishes

general regulations, issues environmental permits, and grants exceptions or variances from the

generally applicable rules. In Illinois, these functions are divided between the Agency and the

Board. The Board establishes the Illinois environmental standards and grants variances or

adjusted standards from those standards. 415 ILCS 5/5 (1998). The Agency issues all

environmental permits and participates directly with USEPA to resolve issues relating to the

implementation of federal programs in Illinois. 415 ILCS 5/4 (1998). Basically, this means that

the Agency will participate with USEPA in the development of any Project XL agreement

relating to an Illinois facility, but also that the Board must grant any necessary relief from the

general rule needed to implement that Project XL agreement.

The Act establishes the mechanisms that the Board must use to grant regulatory relief.

These are by rulemaking (415 ILCS 5/27 and 28 (1998)), by an adjusted standard (415 ILCS

5/28.1 (1998)), or by a variance (415 ILCS 5/35 through 28 (1998)). In order for the

implementation of a Project XL agreement to occur in accordance with Illinois law, the Board

must grant one form of this relief or another from any regulation that would stand as an

impediment to that implementation. For this reason, the Board has conditioned the authority of

the Agency to authorize alternative requirements on fulfillment of the requirements of an added

subsection (b).

Subsection (b) essentially provides for prior Board approval of a Project XL agreement

before the Agency and the affected POTW may proceed to implement the agreement. In this

provision, the Board differentiates between the Project XL agreement involving the MWRDGC,

which USEPA has essentially endorsed by rule, and any subsequent Project XL agreements for

which such federal approval by rule is unlikely. In subsection (b)(1) we grant our approval

(using our identical-in-substance rulemaking authority) to the August 30, 2001 agreement among

the Agency, USEPA, and MWRDGC that prompts this action. In subsection (b)(2) we provide

for Board approval of any subsequent Project XL agreements by alternative means.

The Section 310.930(b)(1) approval of the MWRDGC Project XL agreement by rule is

appropriate under the circumstances involved here, since USEPA has essentially adopted this

Project XL agreement by rule. The MWRDGC, USEPA, and the Agency completed

negotiations and entered into the agreement prior to October 3, 2001, and in the October 3, 2001

USEPA rulemaking delegating authority to the states to modify permits consistent with Project

XL agreements, USEPA described the current MWRDGC as one of five approved in the

Federal

Register

announcement. This is similar to our experience with the waste delisting procedure of

35 Ill. Adm. Code 720.122(m), under which the Board incorporates federally granted hazardous

waste delistings into the Illinois hazardous waste regulations using the identical-in-substance

procedure.

Section 310.930(b)(2) provides for Board approval of subsequent Project XL agreements

by means that require substantive review by the Board. This is because we do not anticipate that

USEPA will similarly adopt rules when approving a Project XL agreement in the future. Rather,

the Board expects a situation similar to that currently surrounding hazardous waste delistings.

After USEPA authorized the State to grant hazardous waste delistings, USEPA essentially

ceased granting hazardous waste delistings for Illinois facilities by rule. As a result, the Board

began substantive review of petitions for delisting using the adjusted standard procedure. For

these reasons, the means provided for approval of future agreements are the rulemaking authority

of Sections 27 and 28 of the Act, the adjusted standard authority of Section 28.1 of the Act, and

in the variance authority of Title IX of the Act. We omit a reference to our identical-in-

substance authority under Sections 7.2 and 13.3 of the Act. The Board invites comment on

Section 310.930(b)(1) and (b)(2). We request comment on the mechanisms provided under

subsection (b)(2) for Board approval of future Project XL agreements.

PUBLIC COMMENTS

The Board will receive public comments on this proposal for 45 days following its

publication in the

Illinois Register

. After that time, the Board will immediately consider

adoption of the amendments, making any necessary changes made evident through the public

comments. The Board will file any adopted rules with the Secretary of State immediately after

adoption.

The following discussion begins with a description of the types of deviations the Board

makes from the literal text of federal regulations in adopting identical-in-substance rules. It is

followed by a discussion of the amendments and actions undertaken in direct response to the

federal actions involved in this proceeding. This first series of discussions is organized by

federal subject matter, generally appearing in chronological order of the relevant

Federal

Register

notices involved. Finally, this discussion closes with a description of the amendments

and actions that are not directly derived from the federal actions.

General Revisions and Deviations from the Federal Text

In incorporating the federal rules into the Illinois system, some deviation from the federal

text is unavoidable. This deviation arises primarily through differences between the federal and

state regulatory structure and systems. Some deviation also arises through errors in and

problems with the federal text itself. The Board conforms the federal text to the Illinois rules

and regulatory scheme and corrects errors that we see in the text as we engage in these routine

update rulemakings.

In addition to the amendments derived from federal amendments, the Board often finds it

necessary to alter the text of various passages of the existing rules as provisions are opened for

update in response to USEPA actions. This involves correcting deficiencies, clarifying

provisions, and making other changes that are necessary to establish a clear set of rules that

closely parallel the corresponding federal requirements within the codification scheme of the

Illinois Administrative Code.

The Board updates the citations to the

Code of Federal Regulations

to the most recent

version available. As of the date of this opinion, the most recent version of the

Code of Federal

Regulations

available to the Board is the July 1, 2000 version. Thus, we have updated all

citations to the 2000 version, adding references to later amendments using their appropriate

Federal Register

citation, where necessary.

The Board has assembled a table to aid in the location of these alterations and to briefly

outline their intended purpose. The table sets forth the miscellaneous corrections to the pre-

amended base text of the rules in detail. The table is set forth and explained beginning on the

next page of this opinion and order. There is no further discussion of most of the deviations and

revisions elsewhere in this opinion.

Discussion of Miscellaneous Housekeeping Amendments

The tables below list numerous corrections and amendments that are not based on current

federal amendments. The first table (beginning immediately below) includes deviations made in

this Proposal for Public Comment from the verbatim text of the federal amendments. The

second table (beginning below at page 7) contains corrections and clarifications that the Board

made in the base text involved in this proposal. The amendments listed in this second table are

not directly derived from the current federal amendments. Some of the entries in these tables are

discussed further in appropriate segments of the general discussion beginning at page 4 of this

opinion.

Table 1:

Deviations from the Text of the Federal Amendments

Illinois Section 40 C.F.R. Section Revision(s)

310.930 preamble 403.20 Added the precondition “once the POTW

. . .”; changed “approval authority” to

“Agency”; added parenthetical “by a

permit. . . . the Act” offset by commas;

changed “publicly owned treatment works

(POTW)” to the defined abbreviation

“POTW”; removed the quotation marks

from the defined term, “Project XL”;

added the precondition “approved under

subsection (b)”; removed unnecessary

capitalization from pretreatment program”

310.930(a) 403.20 Subdivided the text and added the

subsection

310.930(a)(l) 403.20 Subdivided the text and added the

subsection designation; changed

“§ 403.18” to “Subpart K of this Part”;

added “before the POTW may implement

it”

310.930(a)(2) 403.20 Subdivided the text and added the

subsection designation; changed

“approval authority” to “Agency” (twice);

used lower-case “local pilot pretreatment

program”; added “embodied in the Project

XL agreement”; removed the quotation

marks from the defined term, “Project

XL”; added “pursuant to its own terms”

310.930(b) 403.20 Added a subsection relating to Board

approval of a Project XL agreement

310.930(b)(l) 403.20 Added a subsection relating to Board

approval of the October 3, 2001 Project

XL agreement

310.930(b)(2) 403.20 Added a subsection relating to prior Board

approval of any future Project XL

agreement

Table2 :

Board Housekeeping Amendments

Section Source Revision(s)

310. table of contents Board Added new Subpart L designation

310.110 “Act” Board Changed the Illinois Revised Statutes citation to the

Illinois Compiled Statutes citation

310.110 “Approval

Authority” Board note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “approved

POTW pretreatment

program” Board note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “approved

POTW pretreatment

program”

Board Changed “which” to “that” for a restrictive relative

clause

310.110 “authorization

to discharge”

Board Changed “which” to “that” for a restrictive relative

clause

310.110 “blowdown”

Board note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “CWA”

Board note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “indirect

discharge” Board note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “industrial

user”

Board Removed the quotation marks from the subsequent

appearance of the defined term, “industrial user”; added

“the person” to complete the sentence in each

paragraph subdivision (six times); changed the ending

periods to semicolons (five times); used lower case for

the conjunction “or” and deleted the ending comma

310.110 “industrial

user” Board note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “interference” Board Changed “which” to “that” for a restrictive relative

clause; changed “both” to “for which both of the

following is true”; added “the discharge” (three times);

changed “therefore” to “as a result of the inhibition of

disruption” as a parenthetical offset by a comma;

removed the quotation marks from the term, “sludge

requirements”

310.110 “interference”

Board note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “new source” Board Removed the quotation marks from the term, “new

source”

310.110 “new source”

Board note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “noncontact

cooling water”

Board Changed “which” to “that” for a restrictive relative

clause

310.110 “noncontact

cooling water” Board

note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “noncontact

cooling water

pollutants” Board note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “NPDES

permit” Board note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “pass

through”

Board Changed “which” to “that” for a restrictive relative

clause

310.110 “pass

through” Board note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “person” Board Added a comma to separate the final element of a series

310.110 “person”

Board note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “pollutant” Board Changed commas to semicolons to separate the

elements of a series containing a sub-series (15 times);

added a semicolon to separate the final element of a

series containing a sub-series; added a comma to

separate the final element of a series

310.110 “pollutant”

Board note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “pollution” Board Added a comma to separate the final element of a series

310.110 “pollution”

Board note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “POTW

treatment plant”

Board Changed “which” to “that” for a restrictive relative

clause

310.110 “POTW

treatment plant” Board

note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110

“pretreatment”

Board Changed “which” to “that” for a restrictive relative

clause

310.110

“pretreatment” Board

note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “pretreatment

permit”

Board Changed “which” to “that” for a restrictive relative

clause

310.110 “pretreatment

requirements” Board

note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “pretreatment

standard”

Board Added a comma to separate the final element of a

series; changed “which” to “that” for a restrictive

relative clause

310.110 “pretreatment

standard” Board note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “process

wastewater”

Board Changed “which” to “that” for a restrictive relative

clause

310.110 “process

wastewater” Board

note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “process

wastewater pollutants”

Board note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “Project XL” Board Added the definition of the term “Project XL”

310.110 “publicly

owned treatment

works”

Board Added a comma to separate the final element of a series

(twice); changed “which” to “that” for a restrictive

relative clause (twice)

310.110 “publicly

owned treatment

works” Board note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “schedule of

compliance” Board

note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “significant

industrial user”

Board Added a comma to separate the final element of a

series; changed “which” to “that” for a restrictive

relative clause

310.110 “significant

industrial user” Board

note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “sludge

requirements” Board

note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “submission”

Board note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “treatment

works”

Board Added a comma to separate the final element of a series

(twice)

310.110 “treatment

works” Board note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.110 “unit of local

government”

Board Removed the quotation marks from the subsequent

appearance of the defined term, “industrial user”

310.110 “unit of local

government” Board

note

Board Updated the cited version of the

Code of Federal

Regulations

to the latest edition available

310.Subpart L Board Added the new Subpart heading

ORDER

The complete text of the proposed amendments follows:

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE C: WATER POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

PART 310

PRETREATMENT PROGRAMS

SUBPART A: GENERAL PROVISIONS

Section

310.101 Applicability

310.102 Objectives

310.103 Federal Law

310.104 State Law

310.105 Confidentiality

310.107 Incorporations by Reference

310.110 Definitions

310.111 New Source

SUBPART B: PRETREATMENT STANDARDS

Section

310.201 General Prohibitions

310.202 Specific Prohibitions

310.210 Specific Limits Developed by POTW

310.211 Local Limits

310.220 Categorical Standards

310.221 Category Determination Request

310.222 Deadline for Compliance with Categorical Standards

310.230 Concentration and Mass Limits

310.232 Dilution

310.233 Combined Wastestream Formula

SUBPART C: REMOVAL CREDITS

Section

310.301 Special Definitions

310.302 Authority

310.303 Conditions for Authorization to Grant Removal Credits

310.310 Calculation of Revised Discharge Limits

310.311 Demonstration of Consistent Removal

310.312 Provisional Credits

310.320 Compensation for Overflow

310.330 Exception to POTW Pretreatment Program

310.340 Application for Removal Credits Authorization

310.341 Agency Review

310.343 Assistance of POTW

310.350 Continuation of Authorization

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 POTW’s

310.631 Signatory Requirements for Industrial User Reports

310.632 Signatory Requirements for POTW Reports

310.633 Fraud and False Statements

310.634 Recordkeeping Requirements

310.635 Notification of Discharge of Hazardous Waste

SUBPART G: FUNDAMENTALLY DIFFERENT FACTORS

Section

310.701 Definition of Requester

310.702 Purpose and Scope

310.703 Criteria

310.704 Fundamentally Different Factors

310.705 Factors which are Not Fundamentally Different

310.706 More Stringent State Law

310.711 Application Deadline

310.712 Contents of FDF Request

310.713 Deficient Requests

310.714 Public Notice

310.721 Agency Review of FDF Requests

310.722 USEPA Review of FDF Requests

SUBPART H: ADJUSTMENTS FOR POLLUTANTS IN INTAKE

Section

310.801 Net/Gross Calculation by USEPA

SUBPART I: UPSETS

Section

310.901 Definition

310.902 Effect of an Upset

310.903 Conditions Necessary for an Upset

310.904 Burden of Proof

310.905 Reviewability of Claims of Upset

310.906 User Responsibility in Case of Upset

SUBPART J: BYPASS

Section

310.910 Definition

310.911 Bypass Not Violating Applicable Pretreatment Standards or Requirements

310.912 Notice

310.913 Prohibition of Bypass

SUBPART K: MODIFICATION OF POTW PRETREATMENT PROGRAMS

Section

310.920 General

310.921 Substantial Modifications Defined

310.922 Approval Procedures for Substantial Modifications

310.923 Approval Procedures for Non-Substantial Modifications

310.924 Incorporation of Modifications into the Permit

310.930 Federally-Approved Pretreatment Program Reinvention Pilot Projects Under

Project XL

SUBPART L: FEDERAL PROJECT XL AGREEMENTS

Section

310.930 Federally-Approved Pretreatment Program Reinvention Pilot Projects Under

Project XL

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

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

SOURCE: Adopted in R86-44 at 12 Ill. Reg. 2502, effective January 13, 1988; amended in R88-

18 at 13 Ill. Reg. 2463, effective January 31, 1989; amended in R89-3 at 13 Ill. Reg. 19243,

effective November 27, 1989; amended in R89-12 at 14 Ill. Reg. 7608, effective May 8, 1990;

amended in R91-5 at 16 Ill. Reg. 7346, effective April 27, 1992; amended in R95-22 at 20 Ill.

Reg. 5533, effective April 1, 1996; amended in R96-12 at 20 Ill. Reg. 10671, effective July 24,

1996; amended in R97-7 at 21 Ill. Reg. 5163, effective April 10, 1997; amended in R98-23 at 22

Ill. Reg. 11465, effective June 22, 1998; amended in R99-17 at 23 Ill. Reg. 8412, effective July

12, 1999; amended in R00-7 at 24 Ill. Reg. 2372, effective January 26, 2000; amended in R00-15

at 24 Ill. Reg. 11633, effective July 24, 2000; amended in R01-5 at 25 Ill. Reg. 1322, effective

January 11, 2001; amended in R01-25 at 25 Ill. Reg. 10860, effective August 14, 2001; amended

in R02-3 at 26 Ill. Reg. ________, effective ______________________; amended in R02-9 at 26

Ill. Reg. ________, effective ______________________.

SUBPART A: GENERAL PROVISIONS

Section 310.110 Definitions

“Act” means the Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111 1/2,

par. 1001 et seq.) [415 ILCS 5].

“Agency” means the Illinois Environmental Protection Agency.

“Approval Authority” means the Agency.

BOARD NOTE: Derived from 40 CFR 403.3(c) (1991) (2000).

“Approved POTW Pretreatment Program” or “Program” or “POTW Pretreatment

Program” means a program administered by a POTW which that has been

approved by the Agency in accordance with Sections 310.541 through 310.546.

BOARD NOTE: Derived from 40 CFR 403.3(d) (1991) (2000).

“Authorization to discharge” means an authorization issued to an industrial user

by a POTW which that has an approved pretreatment program. The authorization

may consist of a permit, license, ordinance or other mechanism as specified in the

approved pretreatment program.

“Blowdown” means the minimum discharge of recirculating water for the purpose

of discharging materials contained in the water, the further buildup of which

would cause concentration in amounts exceeding limits established by best

engineering practice.

BOARD NOTE: Derived from 40 CFR 401.11(p) (1991) (2000).

“Board” means the Illinois Pollution Control Board.

“CWA” means Federal Water Pollution Control Act, also known as the Clean

Water Act, as amended, incorporated by reference in Section 310.107.

BOARD NOTE: Derived from 40 CFR 403.3(b) (1991) (2000).

“Control authority” is as defined in Section 310.601.

“Indirect Discharge” or “Discharge” means the introduction of pollutants into a

POTW from any non-domestic source regulated under Section 307(b), (c) or (d)

of the CWA (33 U.S.C. 1317(b), (c) or (d)).

BOARD NOTE: Derived from 40 CFR 403.3(g) (1991) (2000).

“Industrial User” or “User” means a source of indirect discharge. As used in this

Part, an “industrial user” includes any person who meets any of the following

criteria:

Discharges The person discharges toxic pollutants as defined by 35 Ill.

Adm. Code 307.1005.;

Is The person is subject to a categorical standard adopted or incorporated

by reference in 35 Ill. Adm. Code 307.;

Discharges The person discharges more than 15% of the total hydraulic

flow received by the POTW treatment plant.;

Discharges The person discharges more than 15% of the total biological

loading of the POTW treatment plant as measured by the 5-day

biochemical oxygen demand.;

Has The person has caused pass through or interference. Or,; or

Has The person has presented an imminent endangerment to the health or

welfare of persons.

BOARD NOTE: Derived from 40 CFR 403.3(h) (1991) (2000).

“Industrial wastewater” means waste of a liquid nature discharged by an

industrial user to a sewer tributary to a POTW.

“Interference” means a discharge which, alone or in conjunction with a discharge

or discharges from other sources, for which both of the following is true:

Inhibits The discharge inhibits or disrupts the POTW, its treatment

processes or operations, or its sludge processes, use or disposal; and

Therefore As a result of the inhibition of disruption, the discharge is a

cause of a violation of any requirement of the POTW's NPDES permit

(including an increase in the magnitude or duration of a violation) or of

the prevention of sewage sludge disposal in compliance with any “sludge

requirements.”

BOARD NOTE: Derived from 40 CFR 403.3(i) (1991) (2000).

“Municipal sewage” is sewage treated by a POTW exclusive of its industrial

component.

“Municipal sludge” is sludge produced by a POTW treatment works.

“Municipality.” See “unit of local government.”

“New source” means “new source” as defined in Section 310.111.

BOARD NOTE: Derived from 40 CFR 401.11(c) and 403.3(k) (1991) (2000).

“Noncontact cooling water” means water used for cooling which that does not

come into direct contact with any raw material, intermediate product, waste

product or finished product.

BOARD NOTE: Derived from 40 CFR 401.11(n) (1991) (2000).

“Noncontact cooling water pollutants” means pollutants present in noncontact

cooling waters.

BOARD NOTE: Derived from 40 CFR 401.11(o) (1991) (2000).

“NPDES Permit” means a permit issued to a POTW pursuant to Section 402 of

the CWA, or Section 12(f) of the Act and 35 Ill. Adm. Code 309.Subpart A.

BOARD NOTE: Derived from 40 CFR 403.3(l) (1991) (2000).

“O and M” means operation and maintenance.

“Pass through” means a discharge of pollutants which that exits the POTW into

waters of the State in quantities or concentrations which, alone or in conjunction

with a discharge or discharges from other sources, is a cause of a violation of any

requirement of the POTW's NPDES permit (including an increase in the

magnitude or duration of a violation).

BOARD NOTE: Derived from 40 CFR 403.3(n) (1991) (2000).

“Person” means an individual, corporation, partnership, association, State, “unit

of local government” or any interstate body. This term includes the United States

government, the State of Illinois, and their political subdivisions.

BOARD NOTE: Derived from 40 CFR 401.11(m) (1991) (2000) and 33 U.S.C.

1362(5).

“Pollutant” means dredged spoil,; solid waste,; incinerator residue,; sewage,;

garbage,; sewage sludge,; munitions,; chemical wastes,; biological materials,;

radioactive materials,; heat,; wrecked or discarded equipment,; rock,; sand,; cellar

dirt; and industrial, municipal, and agricultural waste discharged into a sewer.

BOARD NOTE: Derived from 40 CFR 401.11(f) (1991) (2000).

“Pollution” means the man-made or man-induced alteration of the chemical,

physical, biological, and radiological integrity of water.

BOARD NOTE: Derived from 40 CFR 401.11(g) (1991) (2000).

“POTW” means “Publicly Owned Treatment Works,” which is defined below.

“POTW Treatment Plant” means that portion of the POTW which that is designed

to provide treatment (including recycling and reclamation) of municipal sewage

and industrial wastewater.

BOARD NOTE: Derived from 40 CFR 403.3(p) (1991) (2000).

“Pretreatment” means the reduction of the amount of pollutants, the elimination

of pollutants or the alteration of the nature of pollutant properties in wastewater

prior to or in lieu of discharging or otherwise introducing such pollutants into a

POTW. The reduction or alteration may be obtained by physical, chemical or

biological processes, process changes or by other means, except as prohibited by

Section 310.232. Appropriate pretreatment technology includes control

equipment, such as equalization tanks or facilities, for protection against surges or

slug loadings which that might interfere with or otherwise be incompatible with

the POTW. However, where wastewater from a regulated process is mixed in an

equalization facility with unregulated wastewater or with wastewater from

another regulated process, the effluent from the equalization facility must meet an

adjusted pretreatment limit calculated in accordance with Section 310.233.

BOARD NOTE: Derived from 40 CFR 403.3(q) (1991) (2000).

“Pretreatment permit” means an authorization to discharge to a sewer which that

is issued by the Agency as the control authority.

“Pretreatment requirements” means any substantive or procedural requirement

related to pretreatment, other than a pretreatment standard, imposed on an

industrial user.

BOARD NOTE: Derived from 40 CFR 403.3(r) (1991) (2000).

“Pretreatment standard,” or “standard” means any regulation containing pollutant

discharge limits promulgated by USEPA, and incorporated by reference in 35 Ill.

Adm. Code 307. This term includes prohibitive discharge limits established

pursuant to Section 310.201 through 310.213 or 35 Ill. Adm. Code 307.1101.

This term also includes more stringent prohibitions and standards adopted by the

Board in this Part or 35 Ill. Adm. Code 307, including 35 Ill. Adm. Code

307.1101, 307.1102, and 307.1103. The term also includes local limits pursuant

to Section 310.211 which that are a part of an approved pretreatment program.

BOARD NOTE: Derived from 40 CFR 403.3(j) (1991) (2000).

“Process wastewater” means any water which that, during manufacturing or

processing, comes into direct contact with or results from the production or use of

any raw material, intermediate product, finished product, by-product or waste

product.

BOARD NOTE: Derived from 40 CFR 401.11(q) (1991) (2000).

“Process wastewater pollutants” means pollutants present in process wastewater.

BOARD NOTE: Derived from 40 CFR 401.11(r) (1991) (2000).

“Project XL” means the federal Project for eXcellence and Leadership or a

federally approved facility- or community-based regulatory reinvention (XL) pilot

project, as such are described in the Federal Register notices of May 23, 1995 (60

Fed. Reg. 27282) and November 1, 1995 (60 Fed. Reg. 55569).

“Publicly owned treatment works” or “POTW” means a “treatment works” which

that is owned by the State of Illinois or a “unit of local government.” This

definition includes any devices and systems used in the storage, treatment,

recycling, and reclamation of municipal sewage or industrial wastewater. It also

includes sewers, pipes, and other conveyances only if they convey wastewater to

a POTW treatment plant. The term also means the “unit of local government”

which that has jurisdiction over the indirect discharges to and the discharges from

such a treatment works.

BOARD NOTE: Derived from 40 CFR 403.3(o) (1991) (2000).

“Schedule of compliance” means a schedule of remedial measures included in an

authorization to discharge or a pretreatment permit, or an NPDES permit,

including an enforceable sequence of interim requirements (for example, actions,

operations or milestone events) leading to compliance with this Part and 35 Ill.

Adm. Code 307. A schedule of compliance does not protect an industrial user or

POTW from enforcement.

BOARD NOTE: Derived from 40 CFR 401.11(m) (1991) (2000) and 33 U.S.C.

1362(17).

“Significant industrial user” means as follows:

All industrial users subject to categorical pretreatment standards under

Section 310.220 through 310.233 and 35 Ill. Adm. Code 307, and

Any other industrial user that discharges an average of 25,000 gallons per

day or more of process wastewater to the POTW (excluding sanitary,

noncontact cooling, and boiler blowdown wastewater); contributes a

process wastestream which that makes up five percent or more of the

average dry weather hydraulic or organic capacity of the POTW treatment

plant; or is designated as such by the control authority, as defined in

Section 310.601, on the basis that the industrial user has a reasonable

potential for adversely affecting the POTW's operation or for violating any

pretreatment standard or requirement (in accordance with Section

310.510(f)); except, upon a finding that an industrial user meeting the

criteria of this second subsection of this definition has no reasonable

potential for adversely affecting the POTW's operation of for violating any

pretreatment standard or requirement, the control authority, as defined in

Section 310.601, may at any time, on its own initiative or in response to a

petition received from an industrial user or POTW may determine in

accordance with Section 310.510(f) that such industrial user is not a

significant industrial user.

BOARD NOTE: Derived from 40 CFR 403.3(t) (1991) (2000).

“Sludge requirements” means any of the following permits or regulations: 35 Ill.

Adm. Code 309.155 (NPDES Permits), 309.208 (Permits for Sites Receiving

Sludge for Land Application), 703.121 (RCRA Permits), 807.202 (Solid Waste

Permits), the Toxic Substances Control Act (15 U.S.C. 2601) or the Marine

Protection, Research and Sanctuaries Act (33 U.S.C. 1401), Section 39(b) of the

Act (NPDES Permits), and Section 405(b) of the Clean Water Act (federally-

imposed sludge use and management requirements).

BOARD NOTE: Derived from 40 CFR 403.3(i) and 403.7(a) (1991) (2000).

“Submission” means a request to the Agency by a POTW for approval of a

pretreatment program, or for authorization to grant removal credits.

BOARD NOTE: Derived from 40 CFR 403.3(t) (1991) (2000).

“Treatment works” is as defined in 33 U.S.C. 1292(2) (1987). It includes any

devices and systems used in the storage, treatment, recycling, and reclamation of

municipal or industrial wastewater to implement 33 U.S.C. 1281, or necessary to

recycle or reuse water at the most economical cost over the estimated life of the

works, including intercepting sewers, outfall sewers, sewage collection systems,

pumping, power, and other equipment.

BOARD NOTE: Derived from 40 CFR 403.3(o) (1991) (2000) and 33 U.S.C.

1292(2).

“Unit of local government” means a unit of local government, as defined by Art.

7, Sec. 1 of the Illinois Constitution, having jurisdiction over disposal of sewage.

“Unit of local government” includes, but is not limited to, municipalities and

sanitary districts.

BOARD NOTE: Derived from 40 CFR 401.11(m) (1991) (2000) and 33 U.S.C.

1362(4).

“USEPA” means the United States Environmental Protection Agency.

(Source: Amended at 26 Ill. Reg. ________, effective ______________________)

SUBPART L: FEDERAL PROJECT XL AGREEMENTS

Section 310.930 Federally-Approved Pretreatment Program Reinvention Pilot Projects

Under Project XL

Once the POTW has fulfilled the requirements of subsection (b) of this Section, the Agency may,

by a permit issued pursuant to Section 39 of the Act, allow any POTW that has a final Project

XL agreement approved under subsection (b) to implement a pretreatment program that includes

legal authorities and requirements that are different than the administrative requirements

otherwise applicable under this Part.

a) Incorporating the Project XL agreement into the POTW’s NPDES permit.

The POTW must submit any such alternative requirements as a substantial

program modification in accordance with the procedures outlined in

Subpart K of this Part. The approved modified program must be

incorporated as an enforceable part of the POTW’s NPDES permit before

the POTW may implement it.

The Agency must include a reopener clause in the POTW’s NPDES

permit that directs the POTW to discontinue implementing the approved

alternative requirements and resume implementation of its previously

approved pretreatment program if the Agency determines that the primary

objectives of the local pilot pretreatment program embodied in the Project

XL agreement are not being met or the Project XL agreement expires or is

otherwise terminated pursuant to its own terms.

b) Board approval of a Project XL agreement.

1) The Board approves the Project XL agreement among the Metropolitan

Water Reclamation District of Greater Chicago, the Agency, and USEPA

and described at 66 Fed. Reg. 50336 (October 3, 2001) that received final

approval by USEPA and the Agency on August 30, 2001.

2) For any Project XL agreement that did not receive final USEPA and

Agency approval by October 3, 2001, the Board must approve the

alternative requirements in a rulemaking, adjusted standard, or variance

proceeding before the Board pursuant to Sections 27 and 28, 28.1, or 35

through 38 of the Act [415 ILCS 5/27 and 28, 28.1, or 35 through 38], as

appropriate. To obtain Board approval of a Project XL agreement, the

POTW must submit a petition before the Board that complies with the

applicable provisions of the Act and the Board’s procedural rules at 35 Ill.

Adm. Code: Subtitle A, as appropriate for the type of Board approval

sought.

(Source: Added at 26 Ill. Reg. ________, effective ______________________)

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

Board adopted the above opinion and order on November 15, 2001, by a vote of 7-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board