ILLINOIS POLLUTION CONTROL BOARD

June

15,

1995

IN THE

MATTER OF:

)

Amendments to

35 Ill.

Adm.

)

Code 302.202, 302.208, 302.212

)

R94-l

302.213, 302.407, 304.122 and

)

(Rulemaking

—

Water)

304.301

(Ammonia Nitrogen, Lead

)

and Mercury)

)

ORDER OF THE BOARD

(by E.

Dunham):

This matter comes before the Board on a “Motion to Correct a

Typographical Error” filed on June 1,

1995 by the Illinois

Environmental Protection Agency (Agency).

The Agency requests

that the Board correct a typographical error in Section 302.213

of the proposed regulations and allow a short comment period to

allow

the regulated community to

respond

to this correction.

While the Board has closed the record in this matter,

the Board

will reopen the record to respond to the issues presented in the

notion.

The Agency states that factors for identifying Effluent

Modified Waters

(EMW)

contained in Section 302.213 should be

connected with “or” instead of “and”.

Section 302.213 should be

corrected as follows:

Section 302.213

Effluent Modified Waters (Ammonia)

a)

Effluent modified waters are those waters or portions

of waters

that the Agency

has

determined pursuant

to 35

Ill. Adm. Code 309, Subpart A,

to have the potential to

exceed, and are therefore not subject to, the chronic

ammonia standards of Section 302.212(b)

downstream of

an effluent outfall and outside of any allowable mixing

zone.

The Agency shall not identify a waterbody as an

effluent modified water if it:

1)

receives effluent discharges that do not meet the

requirements of

35

Ill. Adm. Code 304.122(d)

prior

to dilution with the receiving water;

2)

has uses known to be adversely impacted

by ammonia

as designated under

35

Ill. Adm. Code 303.201

outside of any allowable mixing zone; anégj

3)

exceeds the acute standard of Section 302.212(b).

The change to “or” results in the existence of any one or

combination of the three factors prohibiting the Agency from

designating the waterbody as an EMW.

The Agency contends that

---

2

this result is consistent with the testimony presented by the

Agency on EMWs.

The Board will open a comment period to allow comments on

the effects

of this change in the regulation.

Comments are

limited to the correction presented in this order.

Comments

shall be filed with the Board by July 7,

1995.

The Agency will

be allowed until July 14, 1995 to file any response to any

comments filed on this matter.

IT IS SO ORDERED.

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, her.eby certify thar1the above order was adopted on the

~

day of

,

1995,

by a vote of

Dorothy N.

Illinois

Control Board