TITLE 35: ENVIRONMENTAL PROTECTION

PART 309
PERMITS
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SUBPART A: NPDES PERMITS
1. Section 309.141Terms and Conditions of NPDES Permits
2. Section 309.157Permit Limits for Total Metals

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE C: WATER POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBPART A: NPDES PERMITS

NPDES Permit Required

Application - General

Authority to Deny NPDES Permits

Access to Facilities and Further Information

Distribution of Applications

Tentative Determination and Draft Permit

Contents of Public Notice of Application

Combined Notices

Agency Action After Comment Period

Notice to Other Governmental Agencies

Public Hearings on NPDES Permit Applications

Notice of Agency Hearing

Agency Hearing File

Agency Action After Hearing

Terms and Conditions of NPDES Permits

Water Quality Standards and Waste Load Allocation

Effluent Limitations

Federal New Source Standards of Performance

Duration of Permits

Authority to Establish Recording, Reporting, Monitoring and Sampling

Authority to Apply Entry and Inspection Requirements

Schedules of Compliance

Authority to Require Notice of Introduction of Pollutants into Publicly

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Owned Treatment Works

Authority to Ensure Compliance by Industrial Users with Sections 204(b),

307 and 308 of the Clean Water Act

Maintenance and Equipment

Toxic Pollutants

Deep Well Disposal of Pollutants (Repealed)

Authorization to Construct

Sewage Sludge Disposal

Total Dissolved Solids Reporting and Monitoring

Permit Limits for Total Metals

Appeal of Final Agency Action on a Permit Application

Authority to Modify, Suspend or Revoke Permits

Revision of Schedule of Compliance

Permit Modification Pursuant to Variance

Public Access to Information

SUBPART B: OTHER PERMITS

Construction Permits

Operating Permits; New or Modified Sources

Operating Permits; Existing Sources

Joint Construction and Operating Permits

Experimental Permits

Former Permits (Repealed)

Permits for Sites Receiving Sludge for Land Application

Applications - Contents

Applications - Signatures and Authorizations

Applications - Registered or Certified Mail

Applications - Time to Apply

Applications - Filing and Final Action by Agency

Standards for Issuance

Duration of Permits Issued Under Subpart B

Appeals from Conditions in Permits

Permit No Defense

Design, Operation and Maintenance Criteria

Modification of Permits

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Permit Revocation

Approval of Federal Permits

Appendix A References to Previous Rules

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

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

SOURCE: Adopted in R71-14, at 4 PCB 3, March 7, 1972; amended in R73-11, 12, at

14 PCB 661, December 5, 1974, at 16 PCB 511, April 24, 1975, and at 28 PCB 509,

December 20, 1977; amended in R73-11, 12, at 29 PCB 477, at 2 Ill. Reg. 16, p. 20,

effective April 20, 1978; amended in R79-13, at 39 PCB 263, at 4 Ill. Reg. 34, p. 159,

effective August 7, 1980; amended in R77-12B, at 41 PCB 369, at 5 Ill. Reg. 6384,

effective May 28, 1981; amended in R76-21, at 44 PCB 203, at 6 Ill. Reg. 563, effective

December 24, 1981; codified at 6 Ill. Reg. 7818; amended in R82-5, 10, at 54 PCB 411,

at 8 Ill. Reg. 1612, effective January 18, 1984; amended in R86-44 at 12 Ill. Reg. 2495

effective January 13, 1988; amended in R88-1 at 13 Ill. Reg. 5993, effective April 18,

1989; amended in R88-21(A) at 14 Ill. Reg. 2892, effective February 13, 1990; amended

in R91-5 at 16 Ill. Reg. 7339, effective April 27, 1992; amended in R95-22 at 20 Ill. Reg.

5526, effective April 1, 1996; amended in R99-8 at 23 Ill. Reg. 11287, effective August

26, 1999, amended in __________ at __________ Ill. Reg. _______________, effective

________________, 2002)

SUBPART A: NPDES PERMITS

Section 309.141

Terms and Conditions of NPDES Permits

In establishing the terms and conditions of each issued NPDES Permit, the Agency shall

apply and ensure compliance with all of the following, whenever applicable:

Effluent limitations under Sections 301 and 302 of the CWA;

Standards of performance for new sources under Section 306 of the CWA;

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Effluent standards, effluent prohibitions, and pretreatment standards under

Section 307 of the CWA;

Any more stringent limitation, including those:

necessary to meet water quality standards, treatment standards, or

schedules of compliance, established pursuant to any Illinois

statute or regulation (under authority preserved by Section 510 of

necessary to meet any other federal law or regulation, or

required to implement any applicable water quality standards; such

limitations to include any legally applicable requirements

necessary to implement total maximum daily loads established

pursuant to Section 303(d) of the CWA and incorporated in the

continuing planning process approved under Section 303(e) of the

CWA and any regulations or guidelines issued pursuant thereto;

Any more stringent legally applicable requirements necessary to comply

with a plan approved pursuant to Section 208(b) of the CWA;

Prior to promulgation by the Administrator of the U.S. Environmental

Protection Agency of applicable effluent standards and limitations

pursuant to Sections 301, 302, 306 and 307 of the CWA, such conditions

as the Agency determines are necessary to carry out the provisions of the

If the NPDES Permit is for the discharge of pollutants into navigable

waters from a vessel or other floating craft (except that no NPDES Permit

shall be issued for the discharge of pollutants from a vessel or other

floating craft into Lake Michigan) any applicable regulations promulgated

by the Secretary of the Department in which the Coast Guard is operating,

establishing specifications for safe transportation, handling, carriage,

storage and stowage of pollutants; and

If the NPDES Permit is for the discharge of pollutants from other than wet

weather point sources into the Lake Michigan Basin as defined at 35 Ill.

Adm. Code 303.443:

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Total Maximum Daily Loads (TMDLs) and Waste Load

Allocation (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 Section, 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 through other

provisions will be superseded upon completion of the TMDL or

Waste Load Allocation process, those limits shall be identified as

interim and the permit shall include a reopener clause triggered by

completion of a 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 Section 39(b) of the Act [415 ILCS 5/39(b)], 35 Ill.

Adm. Code 309.148, and 35 Ill. Adm. Code 352.Subpart H.

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 this

For discharges in the Lake Michigan basin containing one

or more 2,3,7,8-substituted chlorinated dibenzo-p-dioxins

or 2,3,7,8-substituted dibenzofurans, the tetrachloro

dibenzo-p-dioxin 2,3,7,8-(TCDD) toxicity equivalence

concentration (TEC

) shall be determined as outlined in

subsection (h)(2)(B).

The values listed in the following Table shall be used to

determine the 2,3,7,8-TCDD toxicity equivalence

concentrations using the following equation:

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= 2,3,7,8-TCDD toxicity equivalence

concentration in effluent

= Concentration of total chemical x in effluent

TCDD toxicity equivalency factor for x

TCDD bioaccumulation equivalency factor

1,2,3,7,8-PeCdd

1,2,3,4,7,8-HxCDD

1,2,3,6,7,8-HxCDD

1,2,3,7,8,9-HxCDD

1,2,3,4,6,7,8-HpCDD

1,2,3,7,8-PeCDF

2,3,4,7,8-PeCDF

1,2,3,4,7,8-HxCDF

,2,3,6,7,8-HxCDF

2,3,4,6,7,8-HxCDF

1,2,3,7,8,9-HxCDF

1,2,3,4,6,7,8-HpCDF

1,2,3,4,7,8,9-HpCDF

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.

Conversion factors for determining the dissolved concentration of

metals from the total recoverable concentration.

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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 that 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 that will

generally be the metal form regulated in NPDES permits.

Conversion Factor

Chronic Standard

Chromium (Trivalent)

Chromium (Hexavalent) 0.982

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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 (h)(3)(A).

Reasonable potential to exceed.

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 35 Ill. Adm. Code 352.410 as appropriate

for acute and chronic data sets.

PEQ = (maximum data point)(statistical multiplier)

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Coefficient of Variation

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.

If the PEQ is more than the water quality standard,

the Agency will proceed to consideration of dilution

and mixing pursuant to subsection (h)(5).

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If facility-specific data of 10 or less data values is

available, an alternative PEQ shall be derived using the

table in subsection (h)(4)(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 35 Ill. Adm.

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.

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 water

quality standard, the Agency will proceed to

consider dilution and mixing pursuant to subsection

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 subsection (h)(5),

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.

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

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effluent data values to determine whether a potential exists

to exceed acute aquatic life water quality standards.

The Agency may apply other scientifically defensible

statistical methods for calculating PEQ for use in the

reasonable potential analysis as provided for in Procedure

5.b.2 of Appendix F to 40 CFR 132, incorporated by

reference at 35 Ill. Adm. Code 301.106.

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 35 Ill. Adm. Code

5) 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 subsection

(h)(4) 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:

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.

Bioaccumulative chemicals of concern (BCCs):

No mixing shall be allowed for new

discharges of BCCs commencing on or after

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December 24, 1997. The PEL will be set

equivalent to the water quality standard.

Mixing shall be allowed for discharges of

BCCs which existed as of December 24,

1997 in accordance with the requirements of

35 Ill. Adm. Code 302.530.

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.

Preliminary effluent limitations calculations.

The preliminary effluent limitation (PEL) is calculated in a

simple mass balance approach reflecting the dilution

allowance established in subsection (h)(5):

WQS = [(Qe)(PEL) + (Qd)(Cd)] / [Qe + Qd] or

PEL = [WQS(Qe + Qd) - (Qd)(Cd)] / Qe

WQS = applicable water quality standard, criteria or value

Qe = effluent flowrate

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Qd = allowable dilution flowrate

Cd = background pollutant concentration in dilution water

The representative background concentration of pollutants

to develop TMDLs and WLAs calculated in the absence of

a TMDL shall be established as follows:

"Background" represents all pollutant loadings,

specifically loadings that 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 and

enter the specified watershed, water body, or water

body segment through atmospheric deposition,

chemical reaction, or sediment release or

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 subsection (h)(6)(B)(iii)

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.

The representative background concentration for a

pollutant in the specified watershed, water body, or

water body segment shall be established on a case-

by-case basis as the geometric mean of: acceptable

water column data; water column concentrations

estimated through use of acceptable caged or

resident fish tissue data; or water column

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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, commonly accepted

statistical techniques shall be used to evaluate the

data. 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.

Water quality based effluent limitations.

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 35 Ill. Adm. Code 352.430.

If the PEQ is equal to or 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 subsection (h)(4)(B) also

exceeds the PEL, a 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 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.

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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 35 Ill.

Adm. Code 352.425.

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.

(Source: Amended at 23 Ill. Reg. 11287, effective August 26, 1999, amended in

__________ at __________ Ill. Reg. _______________, effective ________________,

Section 309.157

Permit Limits for Total Metals

The NPDES permit limits for metals must be expressed in total metal form even though

the water quality standards for metals specified in Sections 302.208(e), 302.504(a), and

304.105 are in their dissolved form. In the absence of any site-specific information

concerning the ratio of total to dissolved metal in a particular effluent or receiving water

downstream of a mixing zone, the reciprocal of the conversion factor becomes the metals

translator and the resulting total metal value becomes the NPDES permit limit. The

permittee may provide the Agency with information demonstrating that an effluent or

receiving water-specific metals translator is more appropriate for the conversion of the

dissolved metal water quality standard into a total metal permit limit. Upon review and

approval of the submitted information, the Agency will calculate a total metal permit

limit that is protective of the dissolved metal water quality standard.

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(Source: Adopted in __________, at ________ Ill. Reg. ________________, effective

____________, 2002)