ILLINOIS POLLUTION CONTROL BOARD
January 20, 2000
IN THE MATTER OF:
WASTEWATER PRETREATMENT
UPDATE, USEPA REGULATIONS
(January 1, 1999, through June 30, 1999)
)
)
)
)
)
R00-7
(Identical-in-Substance
Rulemaking - Water)
Adopted Rule. Final Order.
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
Pursuant to Sections 7.2 and 13.3 of the Environmental Protection Act (Act) (415 ILCS
5/7.2 and 13.3 (1998)), the Board today adopts amendments to the Illinois wastewater
pretreatment regulations. Section 13.3 of the Act provides for quick adoption of regulations
that are identical-in-substance to federal wastewater pretreatment regulations adopted by the
United States Environmental Protection Agency (USEPA) pursuant to Sections 307(b), (c), and
(d) and 402(b)(8) and (9) of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C. §§
1317(b), (c), (d), 1342(b)(8) and (9) (1996)). Section 13.3 of the Act also provides that Title
VII of the Act and Sections 5-35 and 5-75 of the Administrative Procedure Act (5 ILCS 100/5-
35 and 5-75 (1998)), do not apply to this rulemaking. Accordingly, this rulemaking is not
subject to first or second-notice review by the Joint Committee on Administrative Rules.
The final rule adopted today includes minor revisions to
methods available for use in testing
for the purposes of compliance with the Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.
(1996)). and the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. § 6901 et seq.
(1996)).
Section 7.2(b) of the Act (415 ILCS 5/7.2(b) (1998)) requires the Board to complete its
identical-in-substance rulemaking actions within one year of the date of the earliest federal
amendments involved in a docket. In this docket, the earliest federal action requiring Board
action occurred on February 2, 1999. Thus, the Board must complete its rulemaking activity in
this docket prior to February 2, 2000.
FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING
This rulemaking incorporates certain federal amendments that occurred during the
period of January 1, 1999, through June 30, 1999. The federal wastewater pretreatment
regulations are found at 40 C.F.R. §§ 400-499, interspersed throughout the federal wastewater
effluent discharge rules. The USEPA amended its wastewater pretreatment regulations five
times during that period: February 2, 1999; March 4, 1999; March 16, 1999; May 14, 1999;
and June 8, 1999. This rulemaking incorporates all of these actions, with the exception of the
March 4, 1999, and March 16, 1999 actions, which the Board has already incorporated into its
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most recent wastewater pretreatment update docket,
In re
Wastewater Pretreatment Update,
USEPA Regulations (July 1, 1998, through December 31, 1998) (July 8, 1999), R99-17.
The federal amendments incorporated into this rulemaking are summarized as follows:
Federal Action
February 2, 1999
(64 Fed. Reg. 4975)
May 14, 1999
(64 Fed. Reg. 26315)
June 8, 1999
(64 Fed. Reg. 30417)
Summary
Whole Effluent Toxicity: Guidelines
Establishing Test Procedures for the Analysis of
Pollutants. The USEPA amended the 40
C.F.R. 136 methods for whole effluent toxicity
testing for the purposes of compliance with the
CWA.
Guidelines Establishing Test Procedures for the
Analysis of Oil and Grease and Non-Polar
Material Under the Clean Water Act and
Resource Conservation and Recovery Act. The
USEPA approved the use of a new method for
analyzing oil and grease for the purposes of
compliance with the CWA and RCRA
regulations.
Guidelines Establishing Test Procedures for the
Analysis of Pollutants; Measurement of Mercury
in Water (EPA Method 1631, Revision B). The
USEPA amended its guidance on the analysis of
mercury in water for the purposes of
compliance with the water quality requirements
of the CWA.
PUBLIC COMMENTS
The Board adopted a proposal for public comment in this matter by order dated November 4,
1999. The proposal appeared in the November 29, 1999 issue of the
Illinois Register
. The Board
accepted public comments on the proposal for a 45-day period following publication in the
Illinois
Register.
The comment period expired on January 13, 1999. The Board received no comments during
the public comment period.
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DISCUSSION
February 2, 1999: Amendments to Whole Effluent Toxicity: Guidelines Establishing Test
Procedures for the Analysis of Pollutants
Federal Action
On February 2, 1999, the USEPA amended the 40 C.F.R 136 methods for whole
effluent toxicity testing for the purposes of compliance with the CWA. The USEPA also
amended three technical documents incorporated by reference in the regulations. The
amendments correct minor errors and omissions, provide technical clarifications, and establish
consistency among the technical documents. Persons interested in a more detailed discussion of
the February 2, 1999 federal action should refer to the cited
Federal Register
notice.
Amendment to Board Rules
The Board incorporates this amendment into its rules by updating a single incorporation
by reference to 40 C.F.R. 136 in the “Incorporations by Reference” Section found at 35 Ill.
Adm. Code 310.107(b).
May 14, 1999: Amendments to Guidelines Establishing Test Procedures for the Analysis of Oil
and Grease and Non-Polar Material Under the Clean Water Act and Resource Conservation
and Recovery Act
Federal Action
On May 14, 1999, the USEPA approved the use of a new method for analyzing oil and
grease for the purposes of compliance with the CWA and RCRA regulations. The USEPA
approved the use of EPA Method 1664, Revision A: N-Hexane Extractable Material (HEM;
Oil and Grease) and Silica Gel Treated N-Hexane Extractable Material (SGT-HEM; Non-polar
Material) by Extraction and Gravimetry for use in the USEPA’s CWA programs. The
amendment also deletes Method 9070, adds revised Method 9071B, and incorporates Method
1664 by reference for use in the USEPA’s RCRA programs. Persons interested in a more
detailed discussion of the May 14, 1999 federal action should refer to the cited
Federal Register
notice.
Amendment to Board Rules
The Board incorporates this amendment into its rules by updating a single incorporation
by reference to 40 C.F.R. 136 in the “Incorporations by Reference” Section found at 35 Ill.
Adm. Code 310.107(b).
June 8, 1999: Amendments to Guidelines Establishing Test Procedures for the Analysis of
Pollutants; Measurement of Mercury in Water (EPA Method 1631, Revision B)
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Federal Action
On June 8, 1999, the USEPA amended its guidance on the analysis of mercury in water
for the purposes of compliance with the water quality requirements of the CWA. The final
regulation amends the “Guidelines Establishing Test Procedures for the Analysis of Pollutants”
under Section 304(h) of the CWA by adding USEPA Method 1631, Revision B: Mercury in
Water by Oxidation, Purge and Trap, and Cold Vapor Atomic Fluorescence Spectrometry.
USEPA Method 1631 measures mercury at the low levels associated with ambient water quality
criteria. Persons interested in a more detailed discussion of the June 8, 1999 federal action
should refer to the cited
Federal Register
notice.
Amendment to Board Rules
The Board incorporates this amendment into its rules by updating a single incorporation
by reference to 40 C.F.R. 136 in the “Incorporations by Reference” Section found at 35 Ill.
Adm. Code 310.107(b).
REVISIONS TO THE TEXT OF THE PROPOSED AMENDMENTS IN FINAL
ADOPTION
Section Revised
Source(s) of
Revision(s)
Revision(s)
Part 310, Source Note
Board
Added space in “at 22 Ill. Reg. 11465”
310.107
JCAR
Added “SUBPART A: GENERAL PROVISIONS” to
heading
310.107(b)
Board
Did not strike “as amended at 63 Fed. Reg. 50388,
September 21, 1998”; added “, as amended at 64 Fed.
Reg. 4975, February 2, 1999, as amended at 64 Fed.
Reg. 26315, May 14, 1999,”
ORDER
The Board will cause the amendments to be published in the
Illinois Register
.
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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
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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
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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
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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
AUTHORITY: Implementing and authorized by Sections 13, 13.3, and 27 of the Environmental
Protection Act [415 ILCS 5/13, 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
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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. _________, effective ____________.
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SUBPART A: GENERAL PROVISIONS
Section 310.107
Incorporations by Reference
a)
The following publications are incorporated by reference:
1)
The consent decree in NRDC v. Costle, 12 Environment Reporter Cases 1833
(D.C. Cir. August 16, 1978).
2)
Standard Industrial Classification Manual (1972), and 1977 Supplement,
republished in 1983, available from the Superintendent of Documents, U.S.
Government Printing Office, Washington, D.C. 20401.
b)
The following provisions of the Code of Federal Regulations are incorporated by
reference:
40 CFR 2.302 (1998)
40 CFR 25 (1998)
40 CFR 122, Appendix D, Tables II and III (1998)
40 CFR 128.140(b) (1977)
40 CFR 136 (1998), as amended at 63 Fed. Reg. 50388, September 21,
1998, as amended at 64 Fed. Reg. 4975, February 2, 1999, as amended at 64
Fed. Reg. 26315, May 14, 1999, as amended at 64 Fed. Reg. 30417, June 8,
1999
40 CFR 403 (1998)
40 CFR 403, Appendix D (1998)
c)
The following federal statutes are incorporated by reference:
1)
Section 1001 of the Criminal Code (18 USC 1001) as of July 1, 1988
2)
Clean Water Act (33 USC 1251
et seq.
) as of July 1, 1988
3)
Subtitles C and D of the Resource Conservation and Recovery Act (42 USC
6901
et seq.
) as of July 1, 1988
d)
This Part incorporates no future editions or amendments.
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(Source: Amended at __ Ill. Reg. ________, effective ________________)
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 20th day of January 2000 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
