ILLINOIS POLLUTION CONTROL BOARD
January 23,
1992
IN THE MATTER OF:
)
R91—5
PRETREATMENT UPDATE
)
(Identical
in Substance Rules)
(6/29/90
—
12/31/90)
)
ADOPTED RULE.
FINAL ORDER.
ORDER OF THE BOARD
(by J. Anderson):
The Board proposed amendments to the Illinois pretreatment
regulations pursuant to Section 13.3 of the Environmental
Protection Act (Act),
Ill.
Rev.
Stat.
1989 ch.
111½,
par.
1013.3.
Section 13.3 of the Act requires the Board to adopt
regulations which are “identical in substance” with the federal
regulations promulgated by the United States Environmental
Protection Agency
(USEPA) to implement the pretreatment
requirement of Sections 307 and 402 of the Clean Water Act,
previously known as the Federal Water Pollution Control Act.
Section 13.3 provides that Title VII of the Act and Sections
5
and 6.02 of the Administrative Procedure act
(APA)
dci not apply
to identical in substance regulations adopted for the
pretreatment program.
However, Section 13.3 of the Act does
require the Board to provide for notice and public comment before
rules are filed with the Secretary of State.
This rulemaking
updates the Illinois pretreatment rules to correspond with
federal amendments which appeared at 55 Fed. Reg.
26692,
June 29,
1990;
55
Fed.
Reg.
30128,
July 24,
1990; 55 Fed. Reg.
31697,
August
3,
1990; and 55 Fed. Reg.
36932, September 7,
1990.
This Proposed Order
is supported by a Proposed Opinion
adopted this same day.
The complete text of the adopted rules
follows.
IT IS SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, do hereb
certify that the above Order was adopted on the
~
day of
_______________,
1992,
by
a vote of
~
i.
~
Dorothy N. ,~unn, Clark
Illinois ~llution
Control Board
129—395
2
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE C:
WATER POLLUTION
CHAPTER
I:
POLLUTION CONTROL BOARD
PART 307
SEWER DISCHARGE CRITERIA
SUBPART A:
GENERAL PROVISIONS
Section
307. 101
307.102
307.103
307.104
307.105
307.1001
307.1002
307.1003
307.1005
Preamble (Renumbered)
General Requirements
(Renumbered)
Mercury (Renumbered)
Cyanide
(STORET number 00720)
(Renumbered)
Pretreatment Requirements
(Repealed)
Preamble
Definitions
Test Procedures for Measurement
Toxic Pollutants
SUBPART B:
GENERAL AND SPECIFIC PRETREATMENT REQUIREMENTS
General and Specific Requirements
Mercury
Cyanide
SUBPART
F:
DAIRY PRODUCTS PROCESSING
Receiving Stations
Fluid Products
Cultured Products
Butter
Cottage Cheese and cultured Cream Cheese
Natural and Processed Cheese
Fluid Mix for Ice Cream and other Frozen Desserts
Ice Cream, Frozen Desserts, Novelties and Other Dairy
Desserts
Condensed Milk
Dry Milk
Condensed Whey
Dry Whey
SUBPART G:
GRAIN
MILLS
Section
307.1101
307.1102
307. 1103
Section
307.1501
307.1502
307. 1503
307.1504
307.1505
307.1506
307.1507
307.1508
307.1509
307.1510
307.1511
307.1512
Section
307 .1601
307.1602
307.1603
307.1604
307.
1605
307.
1606
307.1607
307.1608
307.1609
Corn Wet Milling
Corn Dry Milling
Normal Wheat Flour Milling
Bulgur Wheat Flour Milling
Normal Rice Milling
Parboiled Rice Nilling
Animal Feed
Hot
Cereal
Ready-to-eat
Cereal
129—396
3
307.1610
Wheat Starch and Gluten
SUBPART H:
CANNED
AND
PRESERVED FRUITS
AND
VEGETABLES
Section
307.1700
307.1701
307.1702
307.1703
307.1704
307.1705
307.l70~
307.1707
307.1708
Section
307.1801
307.1815
Section
307.1901
307.
1902
307.1903
Section
307
•
2000
307.2001
307 .2002
307; 2003
307.2004
307.2005
307.2006
307.2007
307.2008
307.2009
Section
307.2101
307.2102
307.2103
General Provisions
Apple Juice
Apple Products
Citrus Products
Frozen Potato Products
Dehyd~ratedPotato Products
Canned and Preserved Fruits
Canned and Preserved Vegetables
Canned and Miscellaneous Specialties
SUBPART I:
CANNED
AND
PRESERVED SEAFOOD
Farm-raised Catfish
Fish Meal Processing Subcategory
SUBPART
J:
SUGAR PROCESSING
Beet Sugar Processing
Crystalline Cane Sugar Refining
Liquid Cane Sugar Refining
SUBPART K:
TEXTILE MILLS
General Provisions
Wool Scouring
Wool Finishing
Low Water Use Processing
Woven Fabric Finishing
Knit Fabric Finishing
Carpet Finishing
Stock and Yarn Finishing
Nonwoven Manufacturing
Felted Fabric Processing
SUBPART L:
CEMENT
MANUFACTURING
Nonleaching
Leaching
Materials Storage Piles Runoff
Section
307.2201
307.2202
General
Ducks
SUBPART N:
FEEDLOTS
Section
307.2300
SUBPART N:
ELECTROPLATING
General Provisions
I
29—397
4
307.2301
Electroplating of Common Metals
307.2302
Electroplating of Precious Metals
307.2304
Anodizing
307.2305
Coatings
307.2306
Chemical Etching and Milling
307.2307
Electroless Plating
307.2308
Printed Circuit Boards
SUBPART 0:
ORGANIC CHEMICALS, PLASTICS
AND
SYNTHETIC FIBERS
General Provisions
Rayon Fibers
Other Fibers
Thermoplastic Resins
Thermosetting Resins
Commodity Organic Chemicals
Bulk Organic Chemicals
Specialty Organic Chemicals
Non-complexed Metal-bearing and Cyanide-bearing
Wastestreams
Complexed Metal—bearing Wastestreams
SUBPART P:
INORGANIC CHEMICALS
MANUFACTURING
General Provisions
Aluminum Chloride Production
Aluminum Sulfate Production
Calcium Carbide Production
Calcium Chloride Production
Calcium Oxide Production
Chior-alkali Process
(Chlorine and Sodium or Potassium
Hydroxide Production)
Hydrofluoric Acid Production
Hydrogen Peroxide Production
Potassium Metal Production
Potassium Dichromate Production
Potassium Sulfate Production
Sodium Bicarbonate Production
Sodium Chloride Production
Sodium Dichromate and Sodium Sulfate Production
Sodium Sulfite Production
Titanium Dioxide Production
Aluminum Fluoride Production
Ammonium Chloride Production
Borax Production
Boric Acid Production
Bromine Production
Calcium Carbonate Production
Calcium Hydroxide Production
Carbon Monoxide and Byproduct Hydrogen Production
Chrome Pigments Production
Chromic Acid Production
Section
307.2400
307.2401
307.2402
307.2403
307.2404
307.2405
307.2406
307.2407
307.2490
307.2491
Section
307.2500
307.2501
307.2502
307.2503
307.2504
307.2505
307.2506
307.2508
307.2509
307.2511
307.2512
307.2513
307.2514
307.2516
307.2517
307.2520
307.2522
307.2523
307.2524
307.2527
307 .2528
307.2529
307.2530
307.
2531
307.2533
307.2534
307.2535
129—398
Copper Salts Production
Ferric Chloride Production
Fluorine Production
Hydrogen Production
Hydrogen Cyanide Productioii
Iodine Production
Lead Monoxide Production
Lithium Carbonate Production
Nickel Salts Production
Oxygen and Nitrogen Production
Potassium Chloride Production
Potassium Iodide Production
Silver Nitrate Production
Sodium Bisulfite Production
Sodium Fluoride Production
Stannic Oxide Production
Zinc Sulfate Production
Cadmium Pigments and Salts Production
Cobalt Salts Production
Sodium Chlorate Production
Zinc Chloride Production
SUBPART R:
SOAP
AND
DETERGENTS
Soap Manufacturing by Batch Kettle
Fatty Acid Manufacturing by Fat Splitting
Soap Manufacturing by Fatty Acid Neutralization
Glycerine Concentration
Glycerine Distillation
Manufacture of Soap Flakes and Powders
Manufacture of Bar Soaps
Manufacture of Liquid Soaps
Oleurn Sulfonation and Sulfation
Air-Sulfur Trioxide Sulfation and Sulfonation
Sulfur Trioxide Solvent and Vacuum Sulfonation
Sulfamic Acid Sulfation
Chiorosulfonic Acid Sulfation
Neutralization of Sulfuric Acid Esters and Sulfonic
Acids
Manufacture of Spray Dried Detergents
Manufacture of Liquid Detergents
Manufacturing of Detergents by Dry Blending
Manufacture of Drum Dried Detergents
Manufacture of Detergent Bars and Cakes
SUBPART S:
FERTILIZER MANUFACTURING
Phosphate
Ammonia
Urea
Ammonium
Nitrate
Nitric
Acid
5
307.2536
307.2538
307.2540
307.2541
307.2542
307.2543
307 .2544
307.2545
307.2547
307.2549
307. 255Ô
307.2551
307.2553
307.2554
307.2555
307.2560
307.2563
307.2564
307.2565
307.2566
307.2567
Section
307.2701
307.2702
307.2703
307.2704
307 .2705
307. 2706
307.2707
307.2708
307.2709
307.2710
307.271.
307.2712
307.2713
307.2714
307.2715
307.2716
307.2717
307.2718
307.2719
Section
307.2801
307.2802
307.2803
307.2804
3.07.2805
129—399
6
307.2806
307.2807
Section
307.2901
307.2902
307.2903
307.2904
307.2905
Section
307.3000
307.3001
307
.
3002
307.3003
307.3004
307.3005
307.3006
307.3007
307.3008
307.3009
307.3010
307.3011
307.
3012
Section
307.3100
307.3101
307.
3102
307.3103
307.3104
307.
3105
307.3106
307.3107
307.3108
307.3109
307.3110
307.3111
307.
3112
307.3113
307.3114
307.3115
307.3116
307.3117
307.3118
307.3119
307.3120
307.3121
307.3122
Ammoniumu Sulfate Production
Mixed and Blend Fertilizer Production
SUBPART T:
PETROLEUM REFINING
Topping
Cracking
Petrochemical
Lube
Integrated
SUBPART
U:
IRON
AND
STEEL
MANUFACTURING
General
Provisions
Cokemaking
Sintering
Ironiniaking
Steelmaking
Vacuum Degassing
Continuous Casting
Hot Forming
Salt Bath Descaling
Acid Pickling
Cold Forming
Alkaline Cleaning
Hot Coating
SUBPART
V:
NONFERROUS
METALS
MANUFACTURING
General Provisions
Bauxite Refining
Primary Aluminum Smelting
Secondary Aluminum Smelting
Primary Copper Smelting
Primary Electrolytic Copper Refining
Secondary Copper
Primary
Lead
Primary Zinc
Metallurgical Acid Plants
Primary Tungsten
Primary Columbiuxn-Tantalum
Secondary Silver
Secondary Lead
Primary Antimony
Primary Beryllium
Primary and Secondary Germanium and Gallium
Secondary Indium
Secondary Mercury
Primary Molybdenum and Rhenium
Secondary Molybdenum and Vanadium
Primary Nickel and Cobalt
Secondary Nickel
129—400
7
307.
3123
307.
3124
307.3125
307.3126
307.3127
307.3128
307.3129
307.3130
307.3131
Section
307. 3301
Section
307.3401
307.3402
307.3403
307.3404
307.3405
307.3406
307.3407
Section
307.3500
307.3501
307.3502
307.
3503
307.
3504
307.3505
307.3506
307.3507
307.3508
307.3509
307.3590
Section
307.3601
307.3602
307.3603
307.3604
307.3605
307.
3606
307.3607
307.
3608
307.3610
Primary Precious Metals and Mercury
Secondary Precious Metals
Primary Rare Earth Metals
Secondary Tantalum
Secondary Tin
Primary and Secondary Titanium
Secondary Tungsten and Cobalt
Secondary Uranium
Primary Zirconium and Hafnium
SUBPART X:
STEAM
ELECTRIC POWER GENERATING
Steam Electric Power Generating
SUBPART Y:
FERROALLOY MANUFACTURING
Open Electric Furnaces With Wet Air Pollution Control
Devices
Covered Electric Furnaces and Other Smelting Operations
with Wet Air Pollution Control Devices
Slag Processing
Covered Calcium Carbide Furnaces With Wet Air Pollution
Control Devices
Other Calcium Carbide Furnaces
Electrolytic Manganese Products
Electrolytic Chromium
SUBPART Z:
LEATHER TANNING AND FINISHING
General Provisions
Hair Pulp, Chrome Tan, Retan-Wet Finish
Hair Save,
Chrome Tan, Retan-Wet Finish
Hair Save or Pulp, Non—Chrome Tan, Retan—Wet Finish
Retan-Wet Finish-Sides
No Beamhouse
Through-the-Blue
Shearling
Pigskin
Retan-Wet Finish-Splits
Potassium Ferricyanide Titration Method
SUBPART BA:
GLASS MANUFACTURING
Insulation Fiberglass
Sheet Glass Manufacturing
Rolled Glass Manufacturing
Plate Glass Manufacturing
Float Glass Manufacturing
Automotive Glass Tempering
Automotive Glass Laminating
Glass Container Manufacturing
Glass Tubing (Danner) Manufacturing
129—401
8
307.3611
307.3612
307.3613
Section
307.3701
307.3702
307.3703
307.3704,
307.3705
307.3706
307.3707
307.3708
307.3709
307.3710
307.3711
Section
307.3801
307.3802
307.3803
307.3804
307.3805
307.3806
307.3807
307.3808
307.3809
307.3810
307.3811
Section
307.3900
307.3901
307.3902
307.3903
307
.
3904
307.3905.
307.3906
307.3907
307.3908
307.3909
307.3910
307.3911
307.3912
307.3913
307.3914
Television Picture Tube Envelope Manufacturing
Incandescent Lamp Envelope Manufacturing
Hand Pressed and Blown Glass Manufacturing
SUBPART BB:
ASBESTOS MANUFACTURING
Asbestos-Cement Pipe
Asbestos-Cement Sheet
Asbestos Paper
(Starch Binder)
Asbestos Paper
(Elastomeric Binder)
Asbestos Miliboard
Asbestos Roofing
Asbestos Floor Tile
Coating or Finishing of Asbestos Textiles
Solvent Recovery
Vapor Absorption
Wet Dust Collection
SUBPART BC:
RUBBER MANUFACTURING
Tire and Inner Tube Plants
Emulsion Crumb Rubber
Solution Crumb Rubber
Latex Rubber
Small—Sized General Molded,
Extruded and Fabricated
Rubber Plants
Medium-Sized General Molded, Extruded and Fabricated
Rubber Plants
Large-Sized General Molded, Extruded and Fabricated
Rubber Plants
Wet Digestion Reclaimed Rubber
Pan, Dry Digestion and Mechanical Reclaimed Rubber
Latex-Dipped, Latex-Extruded and Latex-Molded Rubber
Latex
Foam
SUBPART
BD:
TIMBER
PRODUCTS
PROCESSING
General Provisions
Barking
Veneer
Plywood
Dry Process Hardboard
Wet Process Hardboard
Wood Preserving—Water Borne or Nonpressure
Wood Preserving—Steam
Wood Preserving—Boulton
Wet Storage
Log Washing
Sawmills and Planing Mills
Finishing
Particleboard Manufacturing
Insulation
Board
129—402
9
307.3915
307.3916
Section
307.4000
307.4001
307.4002
307.4004
307.4005
307.4006
307.4007
307.4008
307.4009
307.4010
307 .4011
307.4012
307.4013
307.4014
307.4015
307.4016
307.4017
307.4018
307.4019
307.4020
307.4021
307.4022
307.4023
307.4024
307.4025
307.4026
Section
~307.4101
Section
307.4201
307.4202
307.4203
307.4204
307.4205
307.4206
307.4207
307.4208
307 .4209
307.4210
Wood Furniture and Fixture Production Without Water
Wash Spray Booth(s)
or Without Laundry Facilities
Wood Furniture and Fixture Production with Water Wash
Spray Booth(s) or With Laundry Facilities
SUBPART
BE:
PULP,
PAPER
AND
PAPERBOARD
General Provisions
Unbleached Kraft
Semi—Chemical
Unbleached Kraft—Neutral Sulfite Semi-Chemical
(Cross
Recovery)
Paperboard From Wastepaper
Dissolving Kraft
Market Bleached Kraft
BCT Bleached Kraft
Fine Bleached Kraft
Papergrade Sulfite
(Blow Pit Wash)
Dissolving Sulfite Pulp
Groundwood—Chemi-Mechanical
Groundwood—Therino—Mechanical
Groundwood—CMN Papers
Groundwood-Fine Papers
Soda
Deink
Nonintegrated-Fine Papers
Nonintegrated—Tissue Papers
Tissue From Wastepaper
Papergrade Sulfite
(Drum Wash)
Unbleached Kraft and Semi-Chemical
Wastepaper-Molded Products
Nonintegrated-Lightweight Papers
Nonintegrated—Filter and Nonwoven Papers
Nonintegrated-Paperboard
SUBPART BF:
BUILDERS’ PAPER
AND
BOARD MILLS
Builder’s Paper and Roofing Felt
SUBPART BG:
MEAT
PRODUCTS
Simple Slaughterhouse
Complex Slaughterhouse
Low-Processing Packinghouse
High-Processing Packinghouse
Small Processor
Meat Cutter
Sausage and Luncheon Meats Processor
Ham Processor
Canned Meats Processor
Renderer
129—403
10
SUBPART BH:
METAL FINISHING
Section
307.4300
General Provisions
307.4301
Metal Finishing
SUBPART BN:
PHARMACEUTICAL MANUFACTURING
Section
307.4900
General Provisions
307.4901
307 .4902
307.4903
307.4904
307.4905
SUBPART BR:
PAVING AND ROOFING MATERIALS (TARS
AND
ASPHALT)
Asphalt Emulsion
Asphalt Concrete
Asphalt Roofing
Linoleum and Printed Asphalt Felt
SUBPART BU:
PAINT FORMULATING
Section
307.5601
Oil-Base Solvent Wash Paint
SUBPART BV:
INK FORMULATING
Section
307.5701
Oil—Base Solvent Wash Ink
SUBPART CD:
PESTICIDE CHEMICALS
General Provisions
Organic Pesticide Chemicals Manufacturing
Metallo-Organic Pesticides Chemicals Manufacturing
Pesticide Chemicals Formulating and Packaging
SUBPART CG:
CARBON BLACK MANUFACTURING
Carbon Black Furnace Process
Carbon Black Thermal Process
Carbon Black Channel Process
Carbon Black Lamp Process
SUBPART CJ:
BATTERY MANUFACTURING
General Provisions
Cadmium
Calcium
Lead
Led anche
Lithium
Magnesium
Fermentation Products
Extraction Products
Chemical Synthesis Products
Mixing/Compounding and Formulation
Research
Section
307.5301
307.5302
307.5303
307.5304
Section
307.6500
307.
6501
307.6502
307.6503
Section
307.6801
307.6802
307.6803
307.6804
Section
307.7100
307.7101
307.7102
307.7103
307.7104
307.7105
307.7106
129—404
11
307.7107
Section
307.7300
307.7301
307.7302
307.7303
Section
307.7400
307.7401
307.7402
307.7403
307.7404
Section
307.7500
307.7501
307.7502
307.7503
307.7504
Section
307.7600
307.7601
307.7602
307.7603
307.7604
Section
307.7700
307.7701
307.7702
307.7703
307.7704
307.7705
307.7706
Section
307.7800
307.7801
307.7802
General Provisions
Aluminum Casting
Copper Casting
Ferrous Casting
Zinc
Casting
General Provisions
Steel Basis Material
Galvanized Basis Material
Aluminum Basis Material
Canmaking
General Provisions
Steel Basis Material
Cast Iron Basis Material
Aluminum Basis Material
Copper Basis Material
General Provisions
Rolling With Neat Oils
Rolling With Emulsions
Extrusion
General Provisions
Copper Forming
Beryllium Copper Forming
SUBPART CR:
ELECTRICAL AND ELECTRONIC COMPONENTS
Section
3.07
.
7901
Semiconductor
Zinc
SUBPART
CL:
PLASTICS
MOLDING
AND
FORMING
General
Provisions
Contact Cooling and Heating ~Water
Cleaning Water
Finishing Water
SUBPART CM:
METAL MOLDING AND CASTING
SUBPART
CN:
COIL COATING
SUBPART
CO:
PORCELAIN
ENAMELING
SUBPART
CP:
ALUMINUM
FORMING
Forging
Drawing With Neat Oils
Drawing With Emulsions or Soaps
SUBPART CQ:
COPPER FORMING
129—405
12
307.7902
Electronic Crystals
307.7903
Cathode Ray Tube
307.7904
Luminescent Materialc
SUBPART CT:
NONFERROUS METALS FORMING
AND
METAL
POWDERS
Section
307.8100
307.8101
307.8102
307.8103
307.8104
307.8105
307.8106
307.8107
307.8108
307.8109
Zirconium—Hafnium Forming
307.8110
Metal Powders
307.Appendix~References to Previous Rules
(Repealed)
AUTHORITY:
Implementing Sections 13 and 13.3 and authorized by
Section 27 of the Environmental Protection Act
(Ill.
Rev.. Stat.
l98~, ch.
111 1/2k,
pars.
1013,
1013.3 and 1027)
SOURCE:
Adopted in R70-5, at
1 PCB 426, March 31,
1971; amended
in R71—14,
at 4 PCB 3, March 7,
1972; amended in R74-3,
at 19 PCB
182, October 30,
1975;
amended in R74—15,
16, at 31 PCB 405,
at
2
Ill. Reg.
44,
p.
151, effective November 2,
1978; amended in R76-
17, at 31 PCB 713,
at
2 Ill. Reg.
45,
p.
101, effective November
5,
1978; 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
S Ill. Reg.
1625,
effective January 18,
1984; amended in R86-44 at
12
Ill. Reg.
2592, effective January 13,
1988; amended in R88-11 at 12
Ill.
Reg.
13094, effective July 29,
1988; amended in R88—l8 at 13
Iii.
Reg.
1794,
effective January 31,
1989; amended in R89-3 at 13
Ill. Reg.
19288,
effective November 17,
1989; amended in R88—9
at
14 Ill.
Reg.
3100, effective February 20,
1990; amended in R89-12
at
14
Ill. Reg. 7620, effective May 8,
1990; amended in R9l—5 at
16
Ill.
Reg.
effective
SUBPART B:
GENERAL
AND
SPECIFIC.
PRETREATMENT
REQUIREMENTS
Section 307.1101
General and Specific Requirements
No person shall introduce the following types of pollutants into
a POTW:
a)
General requirements.~
1)
Pollutants which pass through the POTW--,
or
General Provisions
Lead-Tin-Bismuth Forming
Magnesium
Forming
Nickel—Cobalt Forming
Precious Metals Forming
Refractory Metals Forming
Titanium Forming
Uranium Forming
Zinc Forming
129—406
13
2)
Pollutants which interfere with the operation or
performance of the POTW--; or
b)
Specific requirements~
1)
Pollutants which create a fire or explosion hazard.
within the POTW~.including, but not limited to,
wastestreams with a .closed cup flashpoint of less
than 60 de~ees C
(140 degrees
F)
usiflg the test
methods specified in 35 Ill.
Adm. Code 721.121
2)
Pollutants which would cause safety hazards to the
personnel operating the treatment worksL
3)
Pollutants which will cause corrosive damage to
the
POTW.~
4)
Pollutants which would be injurious in any other
way to sewers, treatment works or structures--i
5)
Discharges with a pH less than 5.0, unless the
POTW is specifically designed to accommodate such
discharges-~-j
6)
Solid or viscous pollutants in amounts which will
cause obstruction to the flow in the POTW
resulting in interference--i
7)
Any pollutant,
including oxygen demanding
pollutants,
at a flow rate or concentration which
will cause interference with the POTW--j~.
8)
Heat in amounts which will inhibit biological
activity in the POTW and interfere with the POTW--~
9)
Heat in amounts which results in temperatures
in
the influent to the POTW treatment plant
in excess
of 40 degrees C
(104 degrees
F) unless the Agency
approves alternate temperature limits in
pretreatment plan--.~
10)
Pollutants which would cause the effluent from the
treatment works to violate applicable effluent
standards.L
iJJ
Petroleum oil, nonbiodegradable cutting oil or
products of mineral oil origin In amounts that
will cause interference or pass through
~
Pollutants whiôh result in the presence of toxic
gases. vapors or fumes within the POTW in a
quantity that may cause acute worker health and
129—407
14
safety problems; or
ilL
AnY trucked or hauled pollutants,
except at
discharge points designated by the POTW.
BOARD NOTE:
Derived from 40 CFR 403.3
(1990),
as
amended at 55 Fed. Req.
30129, July 24,
1990.
(Source:
Amended at 16 Ill. Reg.
,
effective
)
SUBPART 0:
ORGANIC CHEMICALS, PLASTICS
AND
SYNTHETIC FIBERS
Section 307.2400
General Provisions
a)
General definitions.
The. Board incorporates by
reference 40 CFR 414.10, as adopted at 52 Fed. Reg.
42569, November 5,
1987.
This incorporation includes
no later amendments or editions.
b)
Applicability.
1)
This Subpart applies to process wastewater
discharges from all establishments or portions of
establishments which manufacture the organic
chemicals, plastics and synthetic fibers
(OCPSF)
products or product groups which are covered by
Sections 307.2402 through 307.2408 and which are
included in the following SIC major groups,
as
defined in the Standard Industrial Classification
Manual,
incorporated by reference in 35 Ill.
Adin.
Code 310.107:
A)
SIC 2821
——
Plastic materials,
synthetic
resins and nonvulcanizable elastomers.
B)
SIC 2823
——
Cellulosic man-made fibers.
C)
SIC 2824
—-
Synthetic organic fibers, except
cellulosic.
D)
SIC 2865
——
Cyclic crudes and intermediates,
dyes and organic pigments.
E)
SIC 2869
——
Industrial organic chemicals, not
elsewhere classified.
2)
This Subpart applies to wastewater discharges from
OCPSF research and development, pilot plant,
technical service and laboratory bench scale
operations if such operations are conducted in
129—408
15
conjunction with and related to existing OCPSF
manufacturing activities at the plant site.
3)
Not~withstandingsubsection
(b) (1), this Subpart
does not apply to discharges resulting from the
manufacture of OCPSF products if the products are
included in the following SIC subgroups and if the
products have in the past been reported by the
establishment under these subgroups and not under
bhe SIC groups listed in subsection
(b) (1):
A)
SIC 2843085
--
Bulk surface active agents.
B)
SIC 28914
--
Synthetic resin and rubber
adhesives;
C)
Chemicals and chemical preparations not
elsewhere classified:
I)
SIC 2899568
——
Sizes, all types.
ii)
SIC
2899597
——
Other industrial chemical
specialties, including fluxes, plastic
wood preparations and embalming fluids.
D)
SIC 2911058
——
Aromatic hydrocarbons
manufactured from purchased refinery
products.
E)
SIC 2911632
--
Aliphatic hydrocarbons
manufactured from purchased refinery
products.
4)
Notwithstanding subsection
(b) (1), this Subpart
does not apply to any discharges for which
a
different set of previously promulgated standards
in Subparts F et seq.
apply, unless the facility
reports OCPSF products under SIC codes
2865,
2869
or 2821,
and the facility’s OCPSF wastewaters are
discharged separately to a POTW.
5)
This Subpart does not apply tq any process
wastewater discharge from the manufacture of
organic chemical compounds solely by extraction
from plant and animal raw materials or by
fermentation processes.
6)
Discharges of chromium, copper,
lead,
nickel and
zinc in “complexed metal-bearing wastestreams,”
listed in Section 307.2491, are not sublect to
this Subpart.
129—409
16
c)
Compliance date.
All dischargers subject to a
pretreatment standard for existing sources in this
Subpart must comply with the standard by no later than
November 5, 1990.
(Source:
Amended at 16 Ill. Reg.
,
effective
)
Section 307.2401
Rayon Fibers
a)
Applicability.
This Section applies to discharges of
process wastewater resulting from the manufacture of
rayon fiber by the viscose process only.
b)
Specialized definitions.
None.
c)
Existing sources:
1)
The Board incorporates by reference 40 CFR 4l4.25-~
a~adopted at
52 Fed.
flog.
November
5,
1987
(1990~. This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
d)
New sources:
1)
The Board incorporates by reference 40 CFR
414•26T
as adopted at 52 Fed.
flog. 42569, November 5,
1987
(1990).
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
3)
“New source” means any building, structure,
facility or installation the construction of which
commenced after March 21,
1983.
(Source:
Amended at 16 Ill. Reg
,
effective
)
Section 307.2402
Other Fibers
a)
Applicability.
This Section applies to discharges of
129—4 10
17
process wastewater resulting from the manufacture of
the following SIC 2823 cellulosic man-made fibers and
fiber groups, except rayon and SIC 2824 synthetic
organic fibers and fiber groups.
Product groups are
indicated with an asterisk
(*).
*Acrylic fibers
(85
Polyacrylonitrile)
*Cellulose acetate fibers
*Fluorocarbon
(Teflon)
fibers
*Modacrylic fibers
*Nylon 6 fibers
Nylon
6 monofilament
*Nylon 66 fibers
Nylon 66 monofilament
*Polyamide fibers
(Quiana)
*Polyaramid
(Kevlar)
resin fibers
*Polyaramid
(Nomex)
resin fibers
*Polyester fibers
*Polyethylene fibers
*Polypropylene fibers
*Polyurethane fibers (Spandex)
b)
Specialized definitions.
None.
c)
Existing sources:
1)
The Board incorporates by reference 40 CFR414.35-r
ac adopted at 52
Fed.
Reg.
42569, November
5,
1987
(1990).
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
d)
New sources:
1)
The Board incorporates by reference 40 CFR 414.36-7-
as adopted at
52 Fed.
flcg.
42569, November
5,
1987
(1990).
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
3)
“New source” means any building, structure,
facility or installation the construction of which
129
—4 11
18
commenced after March 21,
1983.
(Source:
Amended at 16
Ill. Reg.
,
effective
)
Section 307.2403
Thermoplastic Resins
a)
Applicability.
This Section applies to discharges of
process wastewater resulting from the manufacture e#—o.f
the following SIC 28213 thermoplastic resins and
thermoplastic resin groups.
Product groups are
indicated with an asterisk
(*).
*Abietic acid
--
Derivatives
*ABS
resins
*ABS—5AN
resins
*Acrylate—methacrylate latexes
*Acrylic latex
*Acrylic resins
*Cellulose acetate butyrates
Cellulose acetate resin
*Cellulose acetates
*Cellulose acetates priopionates
Cellulose nitrate
Cellulose sponge
*Ethylene-methacrylic acid copolymers
*Ethylene—vinyl acetate copolymers
*Fatty acid resins
*Fluorocarbon polymers
Nylon 11 resin
•*Nylon 6-66 copolyiners
*Nylon
6
--
Nylon 11 blends
Nylon 6 resin
Nylon 612 resin
Nylon 66 resin
*Nylons
*Petroleum hydrocarbon resins
*Polyviny.
pyrrolidone
--
copolymers
*Poly(alpha) olefins
Polyacrylic acid
*polamides
*polyarylamides
Polybutadiene
*polybutenes
Polybutyl succinic anhydride
*Polycarbonates
*Polyester resins
*Polyester resins, Polybutylene terephthalate
*Polyester
1
Polyoxybenzoate
Polyethylene
*Polyethylene
--
ethyl acrylate resins
*Polyethylene
--
polyvinylacetate copolymers
129—412
19
Polyethylene resin
(HDPE)
Polyethylene resin
(LDPE)
Polyethylene resin,
scrap
Polyethylene resin, wax (low molecular weight)
Polyethylene resin,
latex
Polyethylene resins
*Polyethylene resins, compounded
*Polyethylene, chlorinated
*Polyimides
*Polypropylene resins
Polystyrene
(crystal)
Polystyrene
(crystal) modified
*Polystyrene
——
copolymers
*Polystyrene
—-
acrylic latexes
Polystyrene impact resins
Polystyrene latex
Polystyrene, expandable
Polystyrene, expanded
*Polysulfone resins
Polyvinyl
acetate
*Polyvinyl acetate
--
PVC
copolymers
*Polyvinyl acetate copolymers
*Polyvinyl acetate resins
Polyvinyl alcohol resin
Polyvinyl chloride
Polyvinyl chloride, chlorinated
*Polyvinyl ether
--
maleic anhydride
*Polyvinyl formal resins
*Polyvinylacetate
—-
methacrylic copolymers
*Polyvinylacetate acrylic copolymérs
*Po.yvinylacetate
--
2-ethyihexylacrylate
copolymers
Polyvinylidine chloride
*Polyvinylidine chloride copolymers
*Polyvinylidine
--
vinyl chloride resins
*PVC copolymers,
acrylates
(Latex)
*PVC copolymers,
ethylene
--
vinyl chloride
*Rosin derivative resins
*Rosin modified resins
*Rosin resins
*SAN resins
*Siljcones:
Silicone resin
*Silicones:
Silicone rubbers
*Styrene
-—
maleic anhydride resins
Styrene polymeric residue
*Styrene
——
acrylic copolymer resins
*Styrene ——acrylonitrile ——acrylates copolyiners
*Styrene
——
butadiene resins
*Styrene
—-
butadiene resins
(less than 50
butadiene)
*Styrene
——
butadiene resins
(Latex)
*Styrene
——
divinyl benzene resins
(ion exchange)
129—413
20
*Styrene
——
methacrylate terpolymer resins
*Styrene
-—
methyl methacrylate copolymers
*Styrene,
butadiene, vinyl toluene terpolyniers
*Sulfonated styrene
——
maleic anhydride resins
*Unsaturated polyester resins
*Vjnyl toluene resins
*Viny.
toluene
—-
acrylate
resins
*Vinyl toluene
——
butadiene resins
*Vinyl toluene
——
methacrylate resins
*Vinylacetate
--
n-butylacrylate copolymers
b)
Specialized definitions.
None.
c)
Existing sources:
1)
The Board incorporates by reference 40 CFR
414~45T
as adopted at 52 Fed.
flog.
42569, November
5,
1987
(1990).
This incorporation includes no later
amendments
or
editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
d)
New sources:
1)
The Board incorporates by reference 40 CFR
414~46T
as adopted at 52 Fed.
fleg.
42569, November
5,
1987
(1990).
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
3)
“New source” means any building,
structure,
facility or installation the construction of which
commenced after March 21,
1983.
(Source:
Amended at 16 Ill. Reg.
,
effective
)
Section 307.2404
Thermosetting Resins
a)
Applicability.
This Section applies to discharges of
process wastewater resulting from the manufacture of
the following SIC 28214 thermosetting resins and
thermosetting resin groups.
Product groups are
129—414
21
indicated with an asterisk
(*).
*Alkyd resins
Dicyanodiamide resin
*Epoxy resins
*Fumaric acid polyesters
*Furan resins
Glyoxal
--
urea formaldehyde textile resin
*Ketone
——
formaldehyde resins
*Nelamine resins
*phenolic resins
*Polyacetal resins
*Polyacrylamide
*Polyurethane prepolymers
*Polyurethane
resins
*Urea
formaldehyde
resins
*Urea resins
b)
Specialized definitions.
None.
c)
Existing sources:
1)
The Board incorporates by reference 40 CFR
414•55T
as adopted at 52 Fed.
flcg.
42569,
November
5,
1987
(1990).
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause,
threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
d)
New sources:
1)
The Board incorporates by reference 40 CFR
414•56T
as adopted at 52 Fed. Reg.
42569, November 5,
1987
(1990).
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to
a POTW in violation of such
standards.
3)
“New source” means any building, structure,
facility or installation the construction of which
commenced after March 21,
1983.
(Source:
Amended at 16
Ill.
Reg.
,
effective
)
129—4 15
22
Section 307.2405
Commodity Organic Chemicals
a)
Applicability.
This Section applies to discharges of
process wastewater resulting from the manufacture of
the following SIC 2865 or 2869 commodity organic
chemicals and commodity organic chemical groups.
Product groups are indicated with an asterisk
(*).
1)
Aliphatic organic chemicals
Acetaldehyde
Acetic acid
Acetic anhydride
Acetone
Acrylonitrile
Adipic acid
*Butylenes
(Butenes)
Cyclohexane
Ethanol
Ethylene
Ethylene glycol
Ethylene oxide
Formaldehyde
Isopropanol
Methanol
Polyoxypropylene glycol
Propylene
Propylene oxidE
Vinyl acetate
1,2—Dichloroethane
1, 3—Butadiene
2)
Aromatic organic chemicals
Benzene
Cumene
Dimethyl terephthalate
Ethylbenzene
m-Xylene
(impure)
p-Xylene
Phenol
*Pitch tar residues
Pyrolysis gasolines
Styrene
Terephthal.ic
acid
Toluene
*Xylenes,
mixed
o-Xyl ene
3)
Halogenated
organic
compounds
Vinyl chloride
129—416
23
b)
Specialized definitions.
None.
c)
Existing sources:
1)
The Board incorporates by reference 40 CFR 414.657
as adopted at
52 Fed.
flog.
42569,
November
5,
1987
(1990).
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause,
threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
d)
New sources:
1)
The Board incorporates by reference 40 CFR 4l4.66-~-
as adopted at
52 Fed.
flog.
42569, November
5,
1987
(1990).
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
3)
For discharges of wastewater resulting from the
manufacture of butadiene by any process which
includes the oxidative dehydrogenation of butene,
“new source” means any building, structure,
facility or installation the construction of which
commenced after December 17,
1973.
For other
sources,
“new source” means any building,
structure,
facility or installation the
construction of which commenced after March 21,
1983.
(Source:
Amended at 16
Ill. Reg.
,
effective
)
Section 307.2406
Bulk Organic Chemicals
a)
Applicability.
This Section applies to discharges of
process wastewater resulting from the manufacture of
the following SIC 2865 or 2869 bulk organic chemicals
and bulk organic chemical groups.
Product groups are
indicated with an asterisk
(*).
1)
Aliphatic organic chemicals
29—4 17
24
*Acetic acid esters
*Acetic acid salts
Acetone cyanohydrin
Acetylene
Acrylic acid
*Acrylic acid esters
*Alkoxy alkanols
*Alkylates
*alpha-olefins
Butane (all forms)
C—4 hydrocarbons
(unsaturated)
Calcium stearate
Caprolactam
Carboxymethyl cellulose
Cellulose acetate butyrates
*Cellulose ethers
Citric
acid
Cumene
hydroperoxide
Cyc lohexanol
Cyclohexanol,
cyclohexanone
(mixed)
Cyclohexanone
Cyclohexene
*C12
——
C18 primary alcohols
(mixed)
*C5 concentrates
*C9 concentrates
Decano1
Diacetone alcohol
*Dicarboxylic acids
--
salts
Diethyl ether
Diethylene glycol
Diethylene glycol diethyl ether
Diethylene glycol dimethyl ether
Diethylene glycol monoethyl ether
Diethylene glycol monomethyl ether
*Djmer acids
Dioxane
Ethane
Ethylene glycol monophenyl ether
*Ethoxylates, miscellaneous
Ethylene glycol dimethyl ether
Ethylene glycol monobutyl ether
Ethylene glycol monoethyl ether
Ethylene glycol monomethyl ether
*Fatty acids
Glycerine (synthetiô)
Glyoxa 1
Hexane
*Hexane and other C6 hydrocarbons
Isobutanol
Isobutylene
Isobutyraldehyde
Isophorone
129—418
25
Isophthalic acid
Isoprene
Isopropyl acetate
Ligninsulfonic acid, calcium salt
Maleic anhydride
Methacrylic acid
*Methacrylic acid esters
Methane
Methyl ethyl ketone
Methyl methacrylate
Methyl tert-butyl ether
Methyl isobutyl ketone
n—alkanes
.n-butyl alcohol
n-butyl acetate
n-butyraldehyde
n-butyric acid
n-butyric anhydride
*n—paraf ins
n—propyl
acetate
n-propyl alcohol
Nitrilotriacetic acid
Nylon salt
Oxalic acid
*Oxo aldehydes
--
alcohols
Pentaerythritol
Pentane
*pentenes
*petroleum sulfonates
Pine oil
Polyoxybutylene glycol
Polyoxyethylene glycol
Propane
Priopionaldehyde
Propionic acid
Propylene glycol
sec-bütyl alcohol
Sodium formate
Sorbitol
Stearic acid, calcium salt
(wax)
tert-butyl alcohol
1—Butene
1—Pentene
1,4—Butanediol
Isobutyl acetate
2—Butene
(cis and trans)
2-Ethylhexanol
2-Ethylbutyraldehyde
2,2,4—Trimethyl-l,3—pentanediol
2)
Amine and amide organic chemicals
129—419
26
2,4—Diaminotoluene
*Alkyl amines
Aniline
Caprolactani, aqueous concentrate
Diethanolamine
Diphenylamine
*Ethanolamines
Ethylamine
Ethylenediamine
Ethylenediaminetetraacetic acid
*Fatty acids
Hexamethylenediainine
Isopropylamine
m-Toluidine
Melamine
Melamine crystal
*Methylamines
Methylene dianiline
n-butylamine
N,N-diethylaniline
N,N-dimethylformamide
*Njtroanilines
Polymeric methylene dianiline
sec—butylamine
tert-butylamine
Toluenediamine
(mixture)
*Tolujdines
o-Pheny 1ened jamme
1,4-Phenylenediamine dihydrochloride
2,6-Dimethylaniline
4-(N-Hydroxyethylethylainino) -2-hydroxyethyl
aniline
4,4’—Methylenebis (N,N’—dimethyl) aniline
4,4’—Methylenedianiline
3)
Aromatic organic chemicals
alpha-methylstyrene
*Alkyl benzenes
*Alkyl phenols
*Alkylbenzene sulfonic acids,
salts
Aminobenzoic acid
(Ineta and para)
Aspirin
beta-naphthalene sulfonic acid
Benzenedisulfonic acid
Benzoic acid
Bis(2-ethyihexyl)phthalate
Bisphenol A
BTX
——
benzene, toluene, xylene
(mixed)
Butyl octyl phthalate
Coal tar
*Coal tar products (miscellaneous)
129—420
27
Creosote
*Cresols, mixed
Cyanuric acid
*Cyclic aromatic sulfonates
Dibutyl phthalate
Diisobutyl phthalate
Diisodecyl phthalate
Diisooctyl phthalate
Dimethyl phthalate
Dinitrotoluene (mixed)
Ditridecyl phthalate
m—Creso1
Metanilic acid
Methylenediphenyldiisocyanate
Naphthalene
*Naphthas, solvent
Nitrobenzene
Nitrotoluene
Nonylphenol
p-Cresol
Phthalic acid
Phthalic anhydride
*Tars
--
pitches
tert-butyiphenol
*Toluenediisocyanates (mixture)
Trimellitic acid
o—cresol
1—Tetralol,
1-tetralone mix
2, 4—Dinitrotoluene
2, 6-Dinitrotoluene
4)
Halogenated organic chemicals
Allyl chloride
Benzyl chloride
Carbon tetrachloride
*Chlorinated paraffins,
35-44
chlorine
Chlorobenzene
*Chlorobenzenes
(mixed)
Chlorodifluoroethane
Chloroform
*Chloromethanes
2-Chloro-5-methylphenol (6-Chloro-m-cresol)
*Chlorophenols
Chioroprene
Cyanogen chloride
Cyanuric chloride
Dichloropropane
Epichlorohydrin
Ethyl chloride
*Fluorocarbons (Freons)
Methyl chloride
12 9—421
28
Methylene chloride
Pentachloropheno1
Phosgene
Tetrachioroethy1ene
Trichloroethylene
Trichiorofluoromethane
Vinylidene chloride
1, 1-Dichloroethane
1,1,1-Trichloroethane
2,4-Dichiorophenol
5)
Other organic chemicals
Adiponitrile
Carbon disulfide
Dithiophosphates,
sodium salt
Fatty nitriles
*Organo—tin compounds
*Phosphate esters
Tetraethyl lead
Tetramethyl lead
*Urethane prepolymers
*Waxes, emulsions
——
dispersions
b)
Specialized definitions.
None.
c)
Existing sources:
1)
The Board incorporates by reference 40 CFR 414.757
as adopted at
52 Fed.
flog.
42569,
November 5,
1987
(1990).
This incorporation includesno later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
d)
New sources:
1)
The Board incorporates by reference 40 CFR 414.767
as adopted at 52 Fed.
flog.
42569,
November 5,
1987
(1990).
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
129—422
29
3)
“New source” means any building,
structure,
facility or installation the construction of which
commenced after March 21,
1983.
(Source:
Amended at 16 Ill. Reg.
,
effective
Section 307.2407
Specialty Organic Chemicals
a)
Applicability.
This Section applies to discharges of
process wastewater resulting from the manufacture of
any SIC 2865 or 2869 organic chemicals and organic
chemical groups which are not defined as commodity or
bulk organic chemicals in Section 307.2405 or 307.2406.
b)
Specialized definitions.
None.
c)
Existing sources:
1)
The Board incorporates by reference 40 CFR 414.857
as adopted at 52 Fed. Reg.
42569, November 5,
1987
(1990).
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
d)
New sources:
1)
The Board incorporates by reference 40 CFR 414.867
as adopted at 52 Fed.
fleg.
425C9, November
5,
1987
(1990).
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
3)
“New source” means any building, structure,
facility or installation the construction of which
commenced after March 21,
1983.
(Source:
Amended at 16 Ill. Reg.
,
effective
Section 307.2490
Non—complexed Metal-bearing and Cyanide-
bearing Wastestreams.
129—423
30
The Board incorporates by reference 40 CFR 414, Appendix A
(l98-90).
This incorporation includes no later amendments or
editions.
(Source:
Amended at 16 Ill. Req.
,
effective
)
SUBPART V:
NONFERROUS METALS MANUFACTURING
Section 307.3100
General Provisions
a)
Applicability.
This Subpart applies to any facility
producing. primary metals from ore concentrates or
recovering secondary metals from recycle wastes which
introduces or may introduce pollutants into a POTW.
This Subpart applies only to alloying or casting of hot
metal directly from the nonferrous metals manufacturing
process without cooling.
Remelting followed by
alloying or cooling is included in the aluminum
forming, nonferrous metals forming or metal molding and
casting categories.
~j
This subsection corres~onisto 40 CFR 421.2
(1990),
reserved by the U.S. Environmental Protection Agency,
in order that the following subsections may maintain
a
linear correspondence with other federal provisions.
c)
Monitoring requirements.
The Board incorporates by
reference 40 CFR 421.3
(19.8490), as amended at 55
Fed.
Reg. 31697, August
3, 1990.
This incorporation
includes no later amendments or editions.
d)
Compliance dates.
The Board incorporates by reference
40 CFR 421.4 (19.84~). This incorporation includes no
later amendments or editions.
e)
Removal credits.
The control authority may grant
removal credits pursuant to 35 Ill. Adm. Code 310.300
et seq.
for toxic metals limited in this Subpart when
used as indicator pollutants.
(Source:
Amended at 16 Ill. Reg.
,
effective
)
Section 307.3109
Metallurgical Acid Plants
a)
Applicability.
This Section applies to discharges
resulting from or associated with the manufacture of
by—product sulfuric acid at primary smelters, primary
copper smelters, primary zinc facilities,
primary lead
facilities or primary molybdenum facilities,
including
129—424
31
associated air pollution control or gas—conditioning
systems for sulfur dioxide off—gases from
pyrometallurgical operations.
b)
Specialized definitions.
The Board incorporates by
reference 40 CFR 421.91 (19~49~Q).This incorporation
includes no later amendments or editions.
c)
Existing sources:
1)
The Board incorporates by reference 40 CFR 421.95
(19.8-6~Q).
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
d)
New sources:
1)
The Board incorporates by reference 40 CFR 421.96
(198490), as amended at
55 Fed.
Reg.
31697, August
3.
1990.
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
3)
“New source” means any building,
structure,
facility or installation the construction of which
commenced after February
17,
1983.
~ource:
Amended at 16 Ill.
Reg.
,
effective
)
Section 307.3115
Primary BeryllIum
a)
Applicability.
This Section applies to discharges
resulting from the production of beryllium by primary
beryllium facilities processing beryllium ore
concentrates or beryllium hydroxide raw materials.
b)
Specialized definitions.
The Board incorporates by
reference 40 CFR 421.151
(19.84~9). This incorporation
includes no later amendments or editions.
c)
Existing sources:
These sources shall comply with the
129—425
32
general and specific pretreatment requirements of
Subpart B.
d)
New sources:
1)
The Board Incorporates by reference 40 CFR 421.156
(19.8490).
as amended at 55 Fed. Req.
31700. August
3.
1990.
This incorporation includes no later
amendments or editions.
2)
NO
person subject to tne pretreatment stan~arcts
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
3)
“New source” means any building, structure,
facility or installation the construction of which
commenced after June 27,
1984.
(Source:
Amended at 16 Ill. Reg.
,
effective
)
Section 307.3119
Primary Molybdenum and Rhenium
a)
Applicability.
This Section applies to discharges
resulting from the production of molybdenum and rhenium
facilities.
b)
Specialized definitions.
The Board incorporates by
reference 40 CFR 421.211
(l9.84.~Q).
This incorporation
includes no later amendments or editions.
C)
Existing sources:
These sources shall comply with the
general and specific pretreatment requirements of
Subpart
B.
d)
New sources:
1)
The Board incorporates by reference 40 CFR 421.216
(198490), as amended at 55 Fed. Req.
31702, August
3.
1990.
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
3)
“New source” means any building,
structure,
facility or installation the construction of which
129—426
33
commenced after June 27,
1984.
(Source:
Amended at 16
Ill. Reg.
,
effective
Section 307.3120
Secondary Molybdenum and Vanadium
a)
Applicability.
This Section applies to discharges
resulting from the production of molybdenum or vanadium
by secondary molybdenum or vanadium facilities.
b)
Specialized definitions.
The Board incorporates by
reference 40 CFR 421.221 (l98-6~). This incorporation
includes no later amendments or editions.
c)
Existing sources:
These sources shall comply with the
general and specific pretreatment requirements of
Subpart B.
d)
New sources:
1)
The Board incorporates by reference 40 CFR 421.226
(19.84jQ),
as amended at 55
Fed. Reg.
31704, August
3,,
1990.
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
3)
“New source” means any building, structure,
facility or installation the construction of which
commenced after June 27,
1984.
(Source:
Amended at 16
Ill.
Reg.
,
effective
)
Section 307.3124
Secondary Precious Metals
a)
Applicability.
This Section applies to discharges
resulting from the production of precious metals at
secondary precious metals facilities.
b)
Specialized definitions.
The Board incorporates by
reference 40 CFR 421.261
(19.8490),
as amended at 55
Fed. Req.
31705, August
3,
1990.
This incorporation
includes no later amendments or editions.
c)
Existing sources:
129—427
34
1)
The Board incorporates by reference 40 CFR 421.265
(19.84~),as amended at 55 Fed. Req.
31710, August
3,
1990.
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
d)
New sources:
1)
The Board incorporates by reference 40 CFR 421.266
(19.8490).
as amended at 55 Fed.
Req.
31711,
August
3,
1990, and 55 Fed. Req.
36932. September 7.
1990.
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(1)
shall
cause, threaten or allow the discharge of any
contaminant to a POTW in violation of such
standards.
3)
“New source” means any building, structure,
facility or installation the construction of which
commenced after June 27,
1984.
(Source:
Amended at 16 Ill. Reg.
,
effective
)
Section 307.3129
Secondary Tungsten and Cobalt
a)
Applicability.
This Section applies to discharges
resulting from the production of tungsten or cobalt at
secondary tungsten or cobalt facilities processing
tungsten er—or tungsten carbide raw materials.
b)
Specialized definitions.
The,Board incorporates by
reference 40 CFR 421.311
(198-7-9~Q).
This incorporation
includes no later amendments or editions.
c)
Existing sources:
1)
The Board incorporates by reference 40 CFR 421.315
(19.8-~.Q), as amended at 55 Fed. Req.
31716, Auqust
3.
1990.
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(c) (1)
129—428
35
shall cause,
threaten or allow the discharge of
any contaminant to a POTW in violation of such
standards.
d)
New sources:
1)
The Board incorporates by reference 40 CFR 421.316
(l96~9~).as amended at 55 Fed. Reg.
31718. August
3
1990.
This incorporation includes no later
amendments or editions.
2)
No person subject to the pretreatment standards
incorporated by reference in subsection
(d) (1)
shall cause,
threaten or allow the discharge of
any contaminant to a POTW in violation of such
standards.
3)
“New source” means any building, structure,
facility or installation the construction of which
commenced after June 27,
1984.
(Source:
Amended at 16
Ill. Reg.
effective
TITLE 35 ENVIRONMENTAL PROTECTION
SUBTITLE C:
WATER POLLUTION
CHAPTER
I:
POLLUTION CONTROL BOARD
PART 309
PERMITS
SUBPART
A:
NPDES
PERMITS
Section
309.
101
309.102
309.103
309.104
309.105
309.
106
309.
107
309.108
309.109
309.
110
309.111
309.112
309.113
309.
114
309.
115
309.116
309.117
309.
118
Preamble
NPDES Permit Required
Application
-
General
Renewal
Authority to Deny NPDES Permits
Access to Facilities and Further Information
Distribution of Applications
Tentative Determination and Draft Permit
Public Notice
Contents of Public Notice of Application
Combined Notices
Agency Action After Comment Period
Fact Sheets
Notice to Other Governmental Agencies
Public Hearings on NPDES Permit Applications
Notice of Agency Hearing
Agency Hearing
Agency Hearing File
129—429
36
309.119
309.
141
309
.
142
309.143
309.144
309.145
309.146
309.147
309.148
309.
149
309.150
309.
151
309.
152
309.
153
309.154
309.155
309.156
309.
181
309.182
309.
183
309.184
309.185
309
.
191
Section
309.201
309.202
309.203
309.204
309.205
309.206
309.207
309.208
309.221
309.222
309.223
309.224
309.225
309.241
309.242
309.243
309.244
309.261
309.262
309
.
263
309.264
309.
265
309.266
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 Requirements
Authority to Apply Entry and Inspection Requirements
Schedules of Compliance
Authority to Require Notice of Introduction of
Pollutants into Publicly 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
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
Effective Date
SUBPART B:
OTHER PERMITS
Preamble
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
Conditions
Appeals from Conditions in Permits
Permit No Defense
Design, Operation and Maintenance Criteria
Modification of Permits
Permit Revocation
Approval of Federal Permits
Procedures
129—430
37
309.281
Effective Date
309.282
Severability
309.APPENDIXppendix A
References to Previous Rules
AUTHORITY:
Implementing Sections 13 and 13.3 and authorized by
Section 27 of the Environmental Protection Act
(Ill. Rev.
Stat.
l98~., ch.
111½, pars.
1013,
1013.3 and 1027).
SOURCE:
Adopted in R71-14, at
4 PCB 3, March
7,
1972; amended in
R73—l1,
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
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—l
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.
,
effective
SUBPART A:
NPDES PERMITS
Section 309.103
Application
-
General
a)
Application Forms
1)
An applicant for a National Pollution Discharge
Elimination System
(NPDES) Permit shall file an
application,
in accordance with Section 309.223
hereof,
on forms provided by the Illinois
Environmental Protection Agency
(Agency).
Such
forms shall comprise the NPDES application forms
promulgated by the U.S.
Environmental Protection
Agency for the type of discharge for which an
NPDES Permit
is being sought and such additional
information as the Agency may reasonably require
in order to determine that the discharge or
proposed discharge will be in compliance with
applicable state and federal requirements.
2)
In addition to the above application forms,
the
Agency may require the submission of plans and
specifications for treatment works and summaries
of design criteria.
3)
Effluent toxicity monitoring
129—431
38
~j
In addition to the above application forms,
the Agency may require, pursuant to Section
39 of the Act, the installation,
use,
maintenance and reporting of results frOm
monitoring equipment and methods,
including
biological monitoring.
The Agency may
require, pursuant to Section 39 of the Act,
effluent toxicity testing to show compliance
with 35 Ill.
Adm. Code 302.621 and 302.630.
If this toxicity testing shows the effluent
to be toxic, the Agency may require pursuant
to Section 39 of the Act further testing and
identification of the toxicant(s) pursuant to
35 Ill. Adm. Code 302.210(a).
~
The following POTWs shall provide the results
of valid whole effluent biological toxicity
testing to the Agency:
j)
All POTW5 with design influent flQws
equal to or greater than one million
gallons per day
iiL
All POTWs with approved pretreatment
programs or POTW5 required to develop a
pretreatment program pursuant to 35
Ill.
Adm. Code 310.Subpart E
~j
In addition to the POTWs listed in
(a) (3) (B),
the Agency may require other POTWs to submit
the result of toxicity tests with their
permit applications,
based on consideration
of the following factors.
jj~.
The variability of the pollutants or
pollutant parameters in the .POTW
effluent (based on chemical—specific
information, the type of treatment
facility, and types of industrial
contributors)
,jjJ.
The dilution of the effluent in the
receiving water
(ratio of effluent flow
to receiving stream flow);
iii)
Existing controls on point or nonpoint
sources, includinq total maximum daily
load calculations for the waterbodv
seament and the relative contribution of
the POTW
j~
Receiving stream characteristics.
including possible or known water
129—432
39
quality impairment, and whether the POTW
discharges to a coastal water,
one of
the Great Lakes,
or a water designated
as an outstanding natural resource; or
~
Other considerations (including but not
limited to the history of toxic impact
and compliance problems at the POTW),
which the Agency determines could cause
or contribute to adverse water quality
impacts.
Qj
The
POTW5
required
under
subsections
(a) (3)
(B)
or
(a)
(3)
(C)
to
conduct
toxicity
testing shall use the methods prescribed at
35
Ill. Adm. Code 302.Subpart F.
Such
testing must have been conducted since the
later of the last NPDES permit reissuance or
permit modification pursuant to Section
309.182,
309.183 or 309.184 for any of the
reasons listed at 40 CFR 122.62(a)
(1990).
herein incorporated by reference (including
no later amendments or editions).
j).
All POTW5 with approved pretreatment programs
shall provide the following information to the
Agency:
a written technical evaluation of the
need to revise local limits pursuant to 35
Ill.
Adm. Code 310.210.
BOARD NOTE:
Subsections
(a) (3) (B) throuah
(a)
(4)
are derived from 40 CFR 122.21(1)
(1990),
as
amended at 55 Fed.
Req.
30128
(July
24,
1990).
b)
Animal Waste Facilities
An applicant for an NPDES Permit in connection with the
operation of an animal waste facility shall complete,
sign, and submit an NPDES application in accordance
with the provisions of 35 Ill. Adm.
Code:
Subtitle E,
Chapter I.
c)
Mining Activities
1)
If,
as defined by 35 Ill. Adm. Code 402.101,
mining activities are to be carried out on a
facility for which an NPDES Permit is held or
required, the applicant must submit a permit
application as required by 35
Ill.
Adm. Code
403.103, 403.104 and 405.104.
If the facility
will have a discharge other than a mine discharge
or non—point source mine discharge as defined by
35 Ill. Adm. Code 402.101, the applicant shall
129—433
40
also submit an NPDES Permit application in
accordance with Section 309.223 on forms supplied
by the Agency.
2)
As provided by 35 Ill. Adm. Code 403.101, except
to the extent contradicted in 35 Ill. Adm. Code:
Subtitle D, Chapter I, the rules contained in this
Subpart apply only to 35 Ill.
Adm. Code:
Subtitle
D, Chapter
I NPDES Permits.
3)
As provided by 35 Ill. Adm. Code 406.100,
except
to the extent provided in 35 Ill. Adm.
Code:
Subtitle D, Chapter I, the effluent and water
quality standards of 35 Ill. Adm. Code 302,
303
and 304 are inapplicable to mine discharges and
non—point source mine discharges.
d)
New Discharges
Any person whose discharge will begin after the
effective date of this Subpart A or any person having
an NPDES Permit issued by the U.S. Environmental
Protection Agency for an existing discharge which will
substantially change in nature, or increase in volume
or frequency, must apply for an NPDES Permit either:
1)
No later than 180 days in advance ot the date on
which such NPDES Permit will be required; or
2)
In sufficient time prior to the anticipated
commencement of the discharge to insure compliance
with the requirements of Section 306 of the Clean
Water Act
(CWA)
(33 U.S.C.
1251 et seq.), or with
any other applicable water quality standards and
applicable effluent standards and limitations.
e)
Signatures
An application submitted by a corporation shall be
signed by a principal executive officer of at least the
level of vice president,
or his duly authorized
representative,
if such representative is respon~ible
for the overall operation of the facility from which
the discharge described in the application form
originates.
In the case of a partnership of a sole
proprietorship, the application shall be signed by a
general partner or the proprietor, respectively.
In
the case of a publicly owned facility, the application
shall be signed by either the principal executive
officer, ranking elected official, or other duly
authorized employee.
(Source:
Amended at 16 Ill. Reg.
,
effective
129—434
41
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE C:
WATER POLLUTION
CHAPTER I:
POLLUTION CONTROL BOARD
PART 310
PRETREATMENT PROGRAMS
SUBPART A:
GENERAL PROVISIONS
Section
310.101
310.102
310.
103
310.
104
310.105
310.
107
310.110
310.111
Section
310.201
310.202
310.210
310.211
310.220
310.221
310.222
310.230
310.232
310.
233
Section
310.301
310.302
310.303
310.
310
310.311
310.
312
310.320
310.330
310.340
310.341
310.343
310.350
310.351
Applicability
Objectives
Federal Law
State Law
Confidentiality
Incorporations by Reference
Definitions
New Source
SUBPART B:
PRETREATMENT STANDARDS
General
Prohibitions
Specific
Prohibitions
Specific Limits Developed by POTW
Local Limits
Categorical Standards
Category Determination Request
Deadline for Compliance with Categorical Standards
ConcGntration and Mass Limits
Dilution
Combined Wastestream Formula
SUBPART C:
REMOVAL CREDITS
Special Definitions
Authority
Conditions for Authorization to Grant Removal Credits
Calculation of Revised Discharge Limits
Demonstration of Consistent Removal
Provisional Credits
Compensation for Overflow
Exception to POTW Pretreatment Program
Application for Removal Credits Authorization
Agency Review
Assistance of
POTW
Continuation of Authorization
Modification or Withdrawal of Removal Credits
129—435
42
Preamble
Pretreatment Permits
Time to Apply
Imminent Endangerment
Application
Certification of Capacity
Signatures
Site Visit
Completeness
Time Limits
Standard for Issuance
Final Action
Conditions
Duration of Permits
Schedules of Compliance
Effect of a Permit
Modification
Revocation
Appeal
SUBPART E:
POTW PRETREATMENT PROGRAMS
Section
310.501
310.502
310.503
310.504
310.505
310.510
310.521
310.522
310.524
310.531
310.532
310.533
310.541
310.542
310.
543
310.
544
310.545
310.546
310.
547
Pretreatment Programs Required
Deadline for Program Approval
Incorporation of Approved Programs in Permits
Incorporation of Compliance Schedules in Permits
Reissuance or Modification of Permits
Pretreatment Program Requirements:
Development and
Implementation by POTW
Program Approval
Contents of Program Submission
Content of Removal Allowance Submission
Agency Action
Defective Submission
Water Quality Management
Deadline for Review
Public Notice and Hearing
Agency Decision
USEPA Objection
Notice of Decision
Public Access to Submission
Appeal
Definition of Control Authority
Baseline Report
Compliance Schedule
Report on Compliance with Deadline
Periodic Reports on Compliance
Notice of Potential Problems
SUBPART
D:
PRETREATMENT
PERMITS
Section
310.400
310.401
310.402
310.403
310.410
310.411
310.412
310.
413
310.414
310.
415
310.420
310.421
310.430
310.431
310.432
310.441
310.442
310.443
310.444
Section
310.601
310.602
310.603
310.604
310.
605
310.606
SUBPART F:
REPORTING REQUIREMENTS
129—436
43
310.610
310.611
310.612
310.613
310.621
310.631
310.632
310.633
310.634
310.635
Monitoring and Analysis
Requirements for Non—Categorical Standard Users
Annual POTW Reports
Notification of Changed Discharge
Compliance Schedule for POTW’s
Signatory Requirements for Industrial User Reports
Signatory Requirements for POTW.Reports
Fraud and False Statements
Recordkeeping Requirements
Notification of Discharge of Hazardous Waste
SUBPART
G:
FUNDAMENTALLY
DIFFERENT
FACTORS
Section
310.701
310.702
310.703
310.704
310.705
310.706
310.711
310.712
310.713
310.714
310.721
310.722
Definition of Requester
Purpose and Scope
Criteria
Fundamentally Different Factors
Factors which are Not Fundamentally Different
More Stringent State Law
Application Deadline
Contents of FDF Request
Deficient Requests
Public Notice
Agency Review of FDF Requests
USEPA Review of FDF Requests
SUBPART H:
ADJUSTMENTS FOR POLLUTANTS IN INTAKE
Section
310.801
Net/Gross Calculation by USEPA
SUBPART I:
UPSETS
Definition
Effect of an Upset
Conditions Necessary for an Upset
Burden of Proof
Reviewability of Claims of Upset
User Responsibility in Case of Upset
Section
310.910
310.911
SUBPART J:
BYPASS
Definition
Bypass Not Violating Applicable Pretreatment Standards
or Requirements
310.912
Notice
310.913
Prohibition of Bypass
SUBPART K:
MODIFICATION OF POTW PRETREATMENT PROGRAMS
General
Procedures
Substantial Modifications
Section
310.901
310.902
310.903
310.904
310.905
310.
906
Section
310.920
310.921
310.922
129—437
44
AUTHORITY:
Implementing and authorized by Sections 13,
13.3, and
27 of the Environmental Protection Act
(Ill. Rev.
Stat.
l98~7-~.,
ch.
ill l/2~,par.
1013,
1013.3, and 1027 as amended by P.A.
85-
1048,
effective January
1,
1989).
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,
effe~’ctiveMay 8,
1990; amended in R9l—5 at 16 Ill.
Reg.
‘
,
effective
SUBPART A:
GENERAL PROVISIONS
Section 310.103
Federal Law
a)
The Board intends that this Part be identical in
substance with the pretreatment requirements of the
Clean Water Act
(33 USC 1251 et seq.)
and United~States
Environmental Protection Agency .(USEPA)
regulations at
40 CFR 401 et seq.
(1936).
b)
This Part will allow the Agency to issue pretreatment
permits, review POTW pretreatment plans and authorize
POTW’s to issue authorizations to discharge to
industrial users when and to the extent USEPA
authorizes the Illinois pretreatment program pursuant
to the Clean Water Act.
After authorization the
requirements of the Clean Water Act and. 40 CFR 401 et
seq. will continue in Illinois.
In particular, USEPA
will:
1)
Retain the right to request information pursuant
to 40 CFR 403.8(f)
(1986) and
2)
Retain the right to inspect and take samples
pursuant to 40 CFR 403.12(1).
c)
This Part shall not be construed as exempting any
person from compliance, prior to authorization of the
Illinois pretreatment program, with the pretreatment
requirements of the Clean Water Act, USEPA regulations
and NPDES permit conditions.
d)
POTW pretreatment programs which have been approved by
USEPA pursuant to 40 CFR 403 will be deemed approved
pursuant to this Part,
unless the Agency determines
that it is necessary to modify the POTW pretreatment
program to be consistent with State
law.
1)
The Agency shall notify the POTW of any such
determination within 60 days after approval of the
129—438
45
program by USEPA, or within 60 days after USEPA
authorizes the Illinois pretreatment program,
whichever is later.
2)
If the Agency so notifies the POTW,
the POTW will
apply for program approval pursuant to Section
310.501 et seq.
e)
USEPA’s access to Agency records and information in
possession of the Agency shall be governed by the
memorandum of agreement between USEPA and the Agency,
subject to confidentiality requirements in Section
310.105.
(Source: Amended at 16
Ill.
Reg.
,
effective
Section 310.105
Confidentiality
a)
Information and data provided to the control authority
pursuant to this Part which is effluent data shall be
available to the public without restriction.
b)
With respect to the Board and Agency, confidentiality
shall be governed by 35
Ill. Adm. Code 120 and 161.
c)
The Agency and POTW’s shall make information available
to the public at least to the extent provided by 40 CFR
2.302
(1990), incorporated by reference
in Section
310.107.
(Board NoteBOARD NOTE:
Derived from 40 CFR 403.14
(l9.84.~Q)f~
(Source: Amended at 16 Ill.
Reg.
,
effective
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
129—439
46
Regulations are incorporated by reference:
40 CFR 2.302 (19&~Q)
40 CFR 25 (1989~Q)
40 CFR 122, Appendix D,
Tables II and III
(19.8-9~)
40 CFR 128.140(b)
(1977)
40 CFR 136
(19.8-9~)
40 CFR 403
(19.8~9~)
40 CFR 403, Appendix D (19&9~Q)
c)
The following federal statutes are incorporated by
reference:
1)
Section 1001 of the Criminal Code
(18 U.S.C.
1001)
as of July 1,
1988@
2)
Clean Water Act
(33 U.S.C.
1251 et seq.)
as of
July 1,
1988
3)
Subtitles C and D of the Resource Conservation and
Recovery Act
(42 U.S.C.
6901 et seq.)
as
of. July
1,
1988
d)
This Part incorporates no future editions or
amendments.
(Source:
Amended at 16 Ill. Reg.
,
effective
)
Section 310.110
Definitions
“Act” means the Environmental Protection Act
(Ill.
Rev.
Stat.
198~-9, ch.
ill l/2~,par. 1001 et seq.)
“Agency” means the Illinois Environmental Protection
Agency.
“Approval Authority” means the Agency.
BOARD NOTE:
Derived from 40 CFR 403.3(c)
(l9.8~Q).
“Approved POTW Pretreatment Program” or “Program” or
“POTW Pretreatment Program” means a program
administered by a POTW which has been approved by the
Agency in accordance with Sections 310.541 through
310. 546.
BOARD NOTE:
Derived from 40 CFR 403.3(d)
(l9&~Q).
129—440
47
“Authorization to discharge” means an authorization
issued to an industrial user by a POTW which 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)
(l9.8-9~.Q).
“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)
(19.89~90).
“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)
(198-9~).
“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 toxic pollutants as defined by 35
Ill.
Adm. Code 307.1005.
Is subject to a categorical standard adopted or
incorporated by reference in 35 Ill.
Adm. Code
307.
Discharges more than 15
of the total hydraulic
flow received by the POTW treatment plant.
Discharges more than 15
of the total biological
loading of the POTW treatment plant as measured by
the 5-day biochemical oxygen demand.
Has caused pass through or interference.
Or,
Has presented an inuninent endangerment to the
health or welfare of persons.
BOARD NOTE:
Derived from 40 CFR 403.3(h)
129—441
48
(19.8~9~).
“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, both:
Inhibits or disrupts the POTW,
its treatment
processes or operations,
or its sludge processes,
use or disposal; and
Therefore 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)
(1989~Q).
“Municipal sewage” is sewage treated by a POTW
exclusive of its industrial component.
“Municipal sludge” is sludge produced
~ya
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)
(19.8990).
“Noncontact cooling water” means water used for cooling
which 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)
(19.8990).
“Noncontact cooling water pollutants” means pollutants
present in noncontact cooling waters.
BOARD NOTE:
Derived from 40 CFR 401.11(0)
(l9&9~Q).
“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(1)
(198-92Q)
“0 and N” means operation and maintenance.
129—442
49
“Pass through” means a discharge of pollutants which
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)
(19&9~).
“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)
(l9’8-990)
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)
(19.8-990).
“Pollution” means t~eman—made or man—induced
alteration of the chemical, physical, biological and
radiological integrity of water.
BOARD NOTE:
Derived from 40 CFR 401. 11(g)
(l9~8-9~Q).
“POTW” means “Publicly Owned Treatment Works,” which is
defined below.
“POTW Treatment Plant” means that portion of the POTW
which is designed to provide treatment
(including
recycling and reclamation)
of municipal sewage and
industrial wastewater.
BOARD NOTE:
Derived from 40 CFR 403.3(p)
(19.89~Q).
“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
might interfere with or otherwise be incompatible with
the POTW.
However, where wastewater from
a regulated
129—443
50
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)
(19.8990).
“Pretreatment permit” means an authorization to
discharge to a sewer which is issued by the Agency as
the cbntrol 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)
(198-9~).
“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 are
a part of
an approved pretreatment program.
BOARD NOTE:
Derived from 40 CFR 403.3(j)
(19&9~).
“Process wastewater” means any water which,
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)
(1989~Q).
“Process wastewater pollutants” means pollutants
present in process wastewater.
BOARD NOTE:
Derived from 40 CFR 4O1~l1(r) (19.8~990).
“Publicly owned treatment works” or “POTW” means a
“treatment works” which 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
has jurisdiction over the indirect discharges to and
the discharges from such a treatment works.
129—444
51
BOARD NOTE:
Derived from 40 CFR 403.3(o)
(19.8-9~).
“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.
Adia.
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)
(19.8-990)
and
33 U.S.C.
1362(17).
“Significant industrial user” means as follows:
All industrial users subiect 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 wastestreaxn
which 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)
(1989).
as added at
55 Fed. Req.
30129. July 24,
1990.
“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,
129—445
52
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)
(19.8-92Q).
“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)
(19.8-990).
“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)
(19’8990)
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)
(19&9~Q)and
33 U.S.C.
1362(4).
“USEPA” means the United States Environmental
Protection Agency.
(Source:
Amended at 16 Ill. Reg.
,
effective
)
SUBPART
B:
PRETREATMENT
STANDARDS
Section
310.201
General
Prohibitions
a)
No industrial user shall introduce into a POTW any
pollutant which causes pass through or interference.
b)
Affirmative defenses.
An industrial user has an
affirmative defense in any action brought against it
alleging a violation of subsection
(a)
or 35 Ill.
Adm.
Code 307.Cubpprt B307.1101(b) (6)
through
(b) (9) or
(b) (11) through
(b) (12)
if the industrial user
demonstrates that:
129—44 6
53
1)
The industrial user did not know or have reason to
know that its discharge,
alone or in conjunction
with a discharge or discharges from other sources,
would cause pass through or interference; and
2)
Either:
A)
The POTW developed in accordance with Section
310.210 a local limit which was designed to
prevent pass through or interference for each
pollutant in the industrial user’s discharge
which caused pass through or interference,
and the
industrial user was in compliance
with each such local limit immediately prior
to and during the pass through or
interference; or
B)
If the POTW has not developed in accordance
with Section 310.210 local limits which are
desi’gned to prevent pass through or
interference for the pollutants which caused
the pass through or interference, the
industrial user’s discharge immediately prior
and during the pass through or interference
did not change substantially in nature or
consitutents from the industrial user’s prior
discharge activity during which the POTW was
regularly in compliance with the POTW’s NPDES
permit requirements and, in the case of
interference, sludge requirements.
c)
These general prohibitions and the specific
prohibitions in Section 310.202 apply to each
industrial user introducing pollutants into a POTW
whether or not the industrial user is subject to other
pretreatment standards or any national, state or local
pretreatment requirements.
(Board NotcBOARD NOTE:
Derived from 40 CFR 403.5(a)
(198-?-2Q),
as amended at 52-~Fed.
Reg. 160030129,
January 14, 1987)Julv 24,
1990.
(Source:
Amended at 16
Ill. Reg.
,
effective
)
Section 310.202
Specific Prohibitions
No person shall cause or allow the introduction into a POTW of
the pollutants specified in 35 Ill. Adm. Code 307.Subpart
BllOl(b)
(Board NotcBOARD NOTE:
Derived from 40 CFR 403.5(b)
(19.8-690).
129—447
54
(Source:
Amended at 16
Ill. Reg.
,
effective
Section 310.210
Specific Limits Developed by POTW
a)
Each POTW which is required to develop
a pretreatment
program shall, as part of the program, develop and
enforce specific limits to implement the prohibitions
listed in Sections 310.201(a)
and 310.202.
Each POTW
with an approved pretreatment program shall continue to
develop these limits as necessary and to effectively
enforce such limits.
b)
POTW’s which are not required to develop a pretreatment
program shall,
in cases where pollutants contributed by
one or more industrial users result in interference or
pass through, and such violation is likely to recur,
develop and enforce specific discharge limits for
industrial users, which, together with appropriate
changes in the POTW treatment plant’s facilities or
operation, are necessary to ensure renewed and
continued compliance with’ the POTW’s NPDES permit, and
sludge requirements.
C)
Prior to developing specific discharge limits,
POTW’s
shall give, to persons or groups which have requested
notice, individual notice and an opportunity to
respond.
d)
The POTW shall base limitations developed pursuant to
this Section on the characteristics and treatability of
the wastewater by the POTW, effluent limitations which
the POTW must meet, sludge requirements, water quality
standards in the receiving stream and the pretreatment
standards and requirements of this Part and 35 Ill.
Adm. Code 307.
(Board NoteBOARD NOTE:
Derived from 40 CFR 403.5(c)
(19.8-690),
as amended at 525 Fed. Reg.
160030129,
January 14,
1987)July 24,
1990.
(Source:
Amended at 16 Ill. Reg.
,
effective
)
Section 310.220
Categorical Standards
Pretreatment standards specifying quantities or concentrations of
pollutants or pollutant properties which may be discharged to a
POTW by existing or new industrial users in specific industrial
subcategories will be established as separate regulations under
35
Ill. Adm. Code 307.
These standards, unless specifically
noted otherwise,
shall be’in addition to the gcncral prohibitionc
cotabliehcd in Coctiono 310.201 through 210.2llthe standards and
129—448
55
requirements set forth at
35 Ill. Adm. Code 307.1101 and 310.
(Board NotcBOARD NOTE:
Derived from 40 CFR 403.6 preamble
(198-6-)-9Q).
as amended at 55 Fed. Req.
30129, July 24,
1990.
(Source:
Amendeci at 16 Ill. Reg.
,
effective
Section 310.221
Category Determination Request
a)
Application deadline.
1)
The industrial user or POTW may request that the
Agency provide written certification as to whether
the industrial user falls within that particular
subcategory.
If an existing industrial user adds
or changes a process, or operation which may be
included in a subcategory, the existing industrial
user shall request this certification prior to
commencing discharge from the added or changed
processes or operation.
With respect to new
standards:
A)
The POTW or industrial user shall direct to
USEPA any category determination requests for
pretreatment standards adopted by USEPA prior
to authorization of the Illinois program.
B)
After authorization of the Illinois program,
the POTW or industrial user shall direct to
the Agency any category determination
requests within 60 days after the Board
adopts or incorporates by reference a
pretreatment standard for a subcategory under
which an industrial user may be included.
2)
A new source shall request this certification
prior to commencing discharge.
3)
If a request for certification is submitted by a
POTW,
the POTW shall notify any affected
industrial user of such applications.
The
industrial user may provide written comments on
the POTW submissions to the Agency within 30 days
of notification.
b)
Contents of application.
Each request shall contain a
statement:
1)
Describing which subcategories might be
applicable;
and
2)
Citing evidence and reasons why a particular
129—449
56
subcategory is applicable and why others are not
applicable.
Any person signing the application
statement submitted pursuant to this Section shall
make the following certification:
I certify under penalty of law that this
document and all attachments were prepared
under my direction or supervision in
accordance with a system designed to assure
that qualified personnel properly gather and
evaluate the information submitted.
Based on
my inquiry of the person or persons who
manage the system or those persons directly
responsible for gathering the information,
the information submitted is, to the best of
my knowledge and belief, true, accurate and
complete.
I am aware that there are
significant penalties for submitting false
information, including the possibility of
fine and imprisonment for knowing violations.
c)
Deficient requests. The Agency shall act only on
written requests for determinations which contain all
of the information required.
The Agency shall notify
persons who have made incomplete submissions that their
requests are deficient and that,
unless the time period
is extended, they have 30 days to correct the
deficiency.
If the deficiency is not corrected within
30 days or within an extended period allowed by the
Agency, the Agency shall deny the request for a
determination.
d)
Final determination.
1)
When the Agency receives a submission, the Agency
shall, if it determines that the submission
contains all of the information required by
subsection
(b), consider the submission,
any
additional evidence that may have been requested
and any other available information relevant to
the request.
The Agency shall then make a written
determination of the applicable subcategory and
state the reasons for the determination.
2)
The Agency shall forward the determination
described in subsection
(d) (1) to USEPA.
If USEPA
does not modify the Agency’s decision within 60
days after its receipt, the Agency’s decision is
final.
3)
If USEPA modifies the Agency’s decision,
USEPA’s,
decision will be final.
129—450
57
4)
The Agency shall send a copy of the determination
to the affected industrial user and the POTW.
If
the final determination is made by USEPA, the
Agency shall send a copy of the determination to
the user.
e)
Requests for hearing or legal decision.
1)
Within 30 days following the date of receipt of
notice of the final determination as provided for
by subsection
(d) (4), the requester may submit a
petition to reconsider or contest the decision to
USEPA, which will act pursuant to
40
CFR
403.6(a) (5)
2)
Within
35 days
following
the date of receipt of
notice of the final determination as provi’ded for
by subsections
(c),
(d) (2) or
(d) (4), the
requester may appeal a final decision made by the
Agency to the Board.
BOARD NOTE:
Derived from 40 CFR 403.6(a)
(19S-&~Q),a~amcndcd at 53 Fed. Reg.
40611,
Octobcr 17,
1988.
(Source:
Amended at 16 Ill.
Reg.
,
effective
Section 310.222
Deadline for Compliance with Categorical
Standards
a)
If
a compliance date for an existing or new source
categorical pretreatment standard is adopted or
incorporated by reference in 35 Ill. Adm. Code 307,
then industrial users shall comply with the standard by
the following times, whichever is last:
1)
The date specified or incorporated by reference;
or
2)
The date the Board adopts or incorporates the
standard by reference; or
3)
The date USEPA approves the Illinois pretreatment
program.
b)
If no compliance date for a categorical pretreatment
standard is adopted or incorporated by reference in 35
Ill.
Adm. Code 307, then industrial users shall comply
with the standard by the following times, whichever is
last:
1)
The date the Board adopts or incorporates the
129=45 1
58
standard by reference;
or
2)
The date USEPA approves the Illinois pretreatment
program.
c)
This Section shall not be construed as extending
compliance dates for enforcement of categorical
pretreatment standards pursuant to statutes and
regulations existing prior to authorization of the
Illinois pretreatment program.
BOARD NOTE:
Derived from 40 CFR 403.6(b)
(198-890), a~
amcndcd at 53 Fcd.
Reg.
40611,
Octobcr 17,
1988.
(Source:
Amended at 16 Ill.
Reg.
,
effective
)
Section 310.230
Concentration and Mass Limits
a)
Pollutant discharge limits in categorical pretreatment
standards will be expressed either as concentration or
mass limits.
Limits in categorical pretreatment
standards shall apply to the discharge from the process
regulated by the standard or as otherwise specified by
the standard.
b)
When the limits in a categorical pretreatment standard
are expressed only in terms of mass of pollutant per
unit of production, the control authority may convert
the limits to equivalent limitations expressed either
as mass of pollutant discharged per day or effluent
concentration for purposes of calculating effluent
limitations applicable to individual industrial users.
c)
A control authority calculating equivalent mass—per—day
limitations under subsection
(b)
shall calculate such
limitations by multiplying the limits in the standard
by the industrial user’s average rate of production.
This average rate of production shall be based not upon
the designed production capacity, but rather upon a
reasonable measure of the industrial user’s actual
long-term daily production during a representative
year.
For new sources, actual production shall be
estimated using projected production.
d)
A control authority calculating equivalent
concentration limitations under subsection
(b)
shall
calculate such limitations by dividing the mass
limitations derived under subsection
(c) by the average
daily flow rate of the industrial user’s regulated
process wastewater.
This average daily flow rate must
be based upon a reasonable measure of the industrial
user’s actual long—term average flow rate,
such as the
129—452
59
average daily flow rate during the representative year.
e)
Equivalent limitations calculated in accordance with
subsections
(c)
and
(d) are deemed pretreatment
standards.
Industrial users shall be required to
comply with the equivalent limitations instead of the
promulgated categorical standards from which the
equivalent limitations were derived.
f)
Many categorical pretreatment standards specify one
limit for calculating maximum daily discharge
limitations and a second limit for calculating maximum
monthly average or 4—day average,
limitations.
Where
such standards are being applied, the same production
of flow figure shall be used in calculating both types
of equivalent limitations.
g)
Any industrial user operating under a control mechanism
incorporating equivalent mass or concentration limits
calculated from a production based standard shall
notify the control authority within two
(2) business
days after the user has a reasonable basis to know that
the production level will significantly change within
the next calendar month.
Any user not notifying the
control authority of such anticipated change will be
required to meet the mass or concentration limits in
its control mechanism that were based on the original
estimate of the long term average production rate.
BOARD NOTE:
Derived from 40 CFR 403.6(c)
(198-&~Q),a~
amended at
53 Fed. Reg.
40611, October 17,
1988.
(Source:
Amended at 16
Ill. Reg.
,
effective
Section 310.232
Dilution
Except where expressly authorized to do so by an applicable
categorical pretreatment standard or requirement,
no industrial
user shall increase the use of process water or,
in any other
way, attempt to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with a
pretreatment standard or requirement..
The control authority may
impose mass limitations on industrial users which are using
dilution to meet applicable pretreatment standards or in other
cases where the imposition of mass limitations is appropriate.
POTW’s may allow dilution to meet local limits developed under
Section 310.210.
BOARD NOTE:
Derived from 40 CFR 403.6(d) (198-&,~Q),a~
53
Fed. Reg.
40611,
Octobcr 17,
1988.
(Source:
Amended at 16 Ill.
Reg.
,
effective
129—453
60
Section 310.233
Combined Wastestream Formula
Where process wastewater
is mixeu prior to treatment with
wastewaters other than those generated by the regulated process,
the control authority shall derive fixed alternative discharge
limits, which the control authority shall apply to the mixed
discharge.
When it is deriving alternative categorical limits,
the control authority shall calculate both an alternative daily
maximum Value using the daily maximum values specified in the
appropriate categorical pretreatment standards and an alternative
consecutive sampling day average value using the average monthly
values specified in,the appropriate categorical pretreatment
standards.
The industrial user shall comply with the alternative
daily maximum and average monthly limits fixed by the control
authority until the control authority modifies the limits or
approves an industrial user modification request.
Modification
is authorized whenever there is a material or significant change
in the values used in the calculation to fix alternative limits
for the regulated pollutant.
An industrial user shall
immediately report any such material or significant change to the
control authority.
Where appropriate, the control authority
shall calculate new alternative categorical limits within 30
days.
a)
Alternative limit calculation.
For purposes of these
formulas, the “average daily flow” means a reasonable
measure of the average daily flow for a 30—day period.
For new sources, flows shall be estimated using
projected values.
The control authority shall derive
the alternative limit for a specified pollutant by the
use of either of the following formulas:
1)
Alternative concentration limit.
C
=
(T—D)SUM(CiFi)
/
(T)SUM(Fi)
where
C
=
The alternative concentration limit for
the combined wastestream.
Ci
=
The categorical pretreatment standard
concentration limit for a pollutant in the
regulated stream i.
Fl
=
The average daily flow
(at least a 30-
day average)
of stream
i to the extent that
it is regulated for such pollutant.
“SUM(Gi)” means the sum of the results of
calculation G for streams
i
=
1 to
i
=
N.
129—454
61
N
=
The total number of regulated streams.
T
=
The average daily flow (at least a 30-day
average) through the combined pretreatment
facility (includes Fi,
D and unregulated
streams.
D
=
The average daily flow (at least a 30-day
average)
from:
A)
Boiler blowdown streams, non—contact cooling
streams,
stormwater streams and demineralizer
backwash streams, subject to the proviso of
subsection
(d); and
B)
Sanitary wastestreams where such wastestreams
are not regulated by a categorical
pretreatment standard;
and,
C)
From any process’ wastestreams which were or
could have been entirely exempted from
categorical pretreatment standards as
specified in subsection
(e).
2)
Alternative mass limit.
N
=
(T—D)SUM(Ni)
/
SUM(Fi)
where
M
=
The alternative mass limit for a
pollutant in the combined wastestreain.
Mi
=
The categorical pretreatment standard
mass limit for
a pollutant in the regulated
stream
i
(the categorical pretreatment mass
limit multiplied by the appropriate measure
of production).
Fi
=
The average daily flow (at
least a 30-
day average)
o’f stream
i to the extent that
it is regulated for such pollutant..
“SUM(Gi)” means the sum of the results of
calculation G for streams
i
=
1 to I
=
N.
N
=
The total number of regulated streams.
T
=
The average daily flow (at least a 30-day
average) through the combined pretreatment
facility
(includes Fi,
D and unregulated
streams.
129—455
62
D
=
The average daily flow (at least
a 30-day
average)
from:
A)
Boiler blowdown streams, non—contact cooling
streams,
storinwater streams and demineralizer
backwash streams subject to the proviso of
subsection
(d); and
B)
Sanitary wastestreams where such wastestreams
are not regulated by a categorical
pretreatment standard; and,
C)
From any process wastestreams which were or
could have been entirely exempted from
categorical pretreatment standards as
specified in subsection
(e).
b)
Alternative limits below detection.
An alternative
pretreatment limit shall not be used if the alternative
limit is below the analytical detection limit for any
of the regulated pollutants.
c)
Self-monitoring.
Self—monitoring required to insure
compliance with the alternative categorical limit shall
be as follows:
1)
The type and frequency of sampling, analysis and
flow measurement shall be determined by reference
to the self—monitoring requirements of the
appropriate categorical pretreatment standards.
2)
Where the self—monitoring schedules for the
appropriate standards differ, monitoring shall be
done according to the most frequent schedule.
3)
Where flow determines the frequency of self-
monitoring
in a categorical pretreatment standard,
the sum of all regulated flows
(Fi)
is the flow
which shall be used to determine self-monitoring
frequency.
d)
Proviso to subsections
(a) (1) and
(ia) (2).
Where boiler
blowdown, non—contact cooling streams,
storxnwater
streams and demineralizer backwash streams contain a
significant amount of a pollutant and the combination
of such streams, prior to pretreatment, with the
industrial user’s regulated process wastestreams will
result in a substantial reduction of that pollutant,
the control authority, upon application of the
industrial user,
shall determine whether such
wastestreams should be classified as diluted or
unregulated.’
In its application to the control
authority,
the industrial user shall provide
129—456
63
engineering, production, sampling and analysis and such
other information so the control authority can make its
determination.
e)
Exemptions from categorical pretreatment standards.
Process wastestreams were or could have been entirely
exempted from categorical pretreatment standards
pursuant to paragraph
8 of the NRDC v. Costle consent
decree, incorporated by reference in Section 310.107,
for one or more of the following reasons
(see 40 CFR
403, Appendix D,
incorporated by reference in Section
310.107.):
1)
The pollutants of concern are not detectable in
the discharge from the industrial user;
2)
The pollutants of concern are present only in
trace amounts and are neither causing nor are
likely to cause toxic effects;
3)
The pollutants of concern are present in amounts
too small to be effectively reduced by
technologies known to USEPA;
4)
The wastestream contains only pollutants which are
compatible with the POTW.
f)
Where a treated regulated process wastestream is
combined prior to treatment with wastewaters other than
those generated by the regulated process, the
industrial user may monitor either the segregated
process wastestream or the combined wastestreain for the
purpose of determining compliance with applicable
pretreatment standards.
If the industrial user chooses
to monitor the segregated process wastestreain,
it shall
apply the applicable categorical pretreatment standard.
If the user chooses to monitor the combined
wastestream,
it shall apply an alternative discharge
limit calculated using the combined wastestream formula
as provided in this Section.
The industrial user may
change monitoring points only after receiving approval
from the control authority.
The control authority’
shall ensure that any change in an industrial user’s
monitoring point or points will not allow the user to
substitute dilution for adequate treatment to achieve
compliance with applicable standards.
BOARD NOTE:
Derived from 40 CFR 403.6(e) (1988-90),
as
amended at 53 Fed. Rcg.
40611, October
17,
1988.
(Source:
Amended at 16
Ill. Reg.
,
effective
)
129—457
64
SUBPART
C:
REMOVAL CREDITS
Section 310.330
Exception to POTW Pretreatment Requirement
A
POTW required to develop a local pretreatment program under
Subpart ~
may grant removal credits conditionally pending
approval of such a program in accordance with the following terms
and conditions:
a)
All industrial users who are currently subject to a
categorical pretreatment standard and who wish to
receive conditionally a removal credit shall submit to
the POTW the information required by Section
310.602(a)—(g)
(except new or modified industrial users
must only submit the information required by Section
310.602(a)—(f)),
pertaining to the categorical
pretreatment standard as modified by the removal
credit.
The industrial users shall indicate what
additional technology,
if any, will be needed to comply
with the categorical pretreatment standard as modified
by the removal credit;
b)
The POTW must have submitted to the Agency an
application for pretreatment program approval meeting
the requirements of Subpart D~in a timely manner,
not
to exceed the time limitations set forth
in a
compliance schedule for development of
a pretreatment
program included in the POTW’s NPDES permit.
c)
The POTW shall:
1)
Compile and submit data demonstrating its
consistent removal;
2)
Comply with the conditions specified in Section
310.303; and
3)
Submit a complete application for removal credit
authority in accordance with Section 310.340.
d)
If a POTW receives authority to grant conditional
removal credits and the Agency subsequently make~a
final determination, after appropriate notice, that the
POTW failed to comply with the conditions in
subsections
(b) and
(c), the Agency shall terminate the
authority to grant conditional removal credits and all
industrial users to whom the revised discharge limits
had been applied shall achieve compliance with the
applicable categorical pretreatment standards within a
reasonable time, not to exceed the period of time
prescribed in the applicable categorical pretreatment
standard.
129—458
65
e)
If a POTW grants conditional removal credits and the
POTW or the Agency subsequently makes a final
determination, after appropriate notice, that the
industrial user failed to comply with the conditions in
subsection
(a), the POTW or Agency shall terminate the
conditional credit for the non-complying industrial
user and the industrial user to whom the revised
discharge limits had been applied shall achieve
compliance with the applicable categorical pretreatment
standard within
a reasonable time,
not to exceed the
period of time prescribed in the applicable categorical
pretreatment standard.
The conditional credit shall
not be terminated where a violation of the provisions
of this Section results from causes entirely outside of
the control of the industrial user or the industrial
user has demonstrated substantial compliance.
f
The Agency may elect not to review an application for
conditional removal credit authority upon receipt of
such application,
in which case the conditionally
revised discharge limits remain in effect until
reviewed by the Agency.
This review may occur at any
time in accordance with the procedures of Section
310.541 through Section 310.547, but in any event no
later than the time of any pretreatment program
approval or any NPDES permit reissuance.
(Board NotcBOARD NOTE:
Derived from 40 CFR 403.7(d)
(198~Q)
*.~
SUBPART
E:
POTW PRETREATMENT PROGRAMS
Section
310.510
Pretreatment Program Requirements~
Development and Implementation by POTW
A POTW pretreatment program shall meetbe based on the following
rcquiremcntslegal authority and include the following procedures,
and these authorities and procedures shall at all times be fully
and effectively exercised and implemented:
a)
Legal authority.
The POTW shall operate pursuant to
legal authority enforceable in federal,
state or local
courts, which authorizes or enables the POTW to apply
and to enforce the requirements of this Part and 35
Ill.
Adm. Code 307.
Such authority may be contained
ii
a statute, ordinance or series of joint powers
agreements which the POTW is authorized to enact,
entei
into or implement,
and which are authorized by State
law.
At a minimum, this legal authority shall enable
the POTW to:
1)
Deny or condition new or increased contributions
129—459
66
of pollutants or changes in the nature of
pollutants, to ,the POTW by industrial users where
such contributions do not meet applicable
pretreatment standards and requirements or where
such contributions would cause the POTW to violate
its NPDES permit;
2)
Require compliance with applicable pretreatment
standards and requirements by industrial users;
3)
Control, through ordinance, permit~order
o’r
similar means, the contribution to the POTW by
each industrial user to ensure compliance with
applicable pretreatment standards and
requirements, and in the case of each significant
industrial users, as defined at 35 Ill. Adm. Code
310.110, this control shall be achieved through
permits or equivalent individual control
mechanisms issued to each such user; such control
mechanisms must be enforceable and contain, at a
minimum, the following conditions:
~
A statement of duration (in no case more than
five years)
~j
A statement of non—transferability without,
at a minimum, prior notification to the POTW
and provision of
a copy of the existing
control mechanism to the new owner or
operator
Qj
Effluent ‘limits based on applicable general
pretreatment standards in this Part and 35
Ill.
Adm. Code 307. categorical pretreatment
standards,
local limits, and local law
pj
Self-monitoring,
sampling, reporting,
notification and recordkeeping requirements,
including an identification of the pollutants
to be monitored, sampling location, sampling
frequency.
and sample type, based on the
applicable general pretreatment standards of
this Part and 35
Ill.
Adm. Code 307,
categorical pretreatment standards,
local
limits, and local law; and
~j.
A statement of applicable civil and criminal
penalties for violation of pretreatment
standards and requirements, and any
applicable compliance schedule; however,
such
schedules may not extend the compliance date
beyond applicable federal deadlines
129—460
67
4)
Require:
A)
The development of a compliance schedule by
each industrial user for the installation of
technology required to meet applicable
pretreatment standards and requirements; and
B)
The submission of all notices and self-
monitoring reports from industrial users as
are necessary to assess and assure compliance
by industrial users with pretreatment
standards and requirements, including,
but
not limited, to the reports required in
310.Subpart F;
5)
Carry out all inspection,
surveillance and
monitoring procedures necessary to determine,
independent of information supplied by industrial
users, compliance or noncompliance with applicable
pretreatment standards and requirements by
industrial users.
Representatives of the POTW
shall be authorized to enter any premises of any
industrial user in which a discharge source or
treatment system is located or in which records
are required to be ‘kept under Section 310.634 to
assure compliance with pretreatment standards.
Such authority shall be at least as extensive as
the authority provided under Section 308 of the
CWA;
6)
Obtain remedies for noncompliance by any
industrial user with any pretreatment standard or
requirement---~
A)
All POTW’s shall be able to seek injunctive
relief for noncompliance by industrial users
with pretreatment standards or requirements.
All POTW’s shall also have authority to seek
or assess civil or criminal penalties in at
least the amount of $1000 a day for each
violation by industrial users of pretreatment
standards and requirements.
POTW’s whose
approved pretreatment programs require
modification to conform to the requirements
of this subsection shall submit a request by
November 16,
1989--j
B)
Pretreatment requirements which will be
enforced through the remedies set forth in
subsection
(a) (6) (A) will include but not be
limited to:
the duty to allow or carry out
inspections,
entry or monitoring activities;
any rules, regulations or orders issued by
129—461
68
the POTW;
any requirements set forth in
individual’ control mechanisms issued by the
POTW;
or any reporting requirements imposed
by the POTW, this Part or 35 Ill. Adm. Code
307.
The POTW shall have authority and
procedures
(after notice to the industrial
user)
immediately and effectively to halt or
prevent any discharge of pollutants to the
POTW which reasonably appears to present an
imminent endangerment to the health or
welfare of persons.
The POTW shall also have
authority and procedures
(which shall include
notice to the affected industrial users and
an opportunity to respond) to halt or prevent
any discharge to the POTW which presents or
may present an endangerment to the
environment or which threatens to interfere
with the operation of the POTW.
The Agency
shall have authority to seek judicial relief
for noncompliance by industrial users when
the POTW has acted to occk ouch relief but
has sought a monetary penalty which the
Agency finds tobe insufficient.
The
procedures
LUL’
~
L..IU~
LU
iI1UU~J
LL’
~
users
where the
POTW
is seeking cx parte temporary
judicial injunctive relief will be governed
by applicable state or federal
law
and not by
this provision; and
7)
Comply with the confidentiality requirements set
forth in Section 310.1051
b)
Procedures.
The POTW shall develop and implement
procedures to ensure compliance with the requirements
of a pretreatment program.
At a minimum, these
procedures shall enable the POTW to:
1)
Identify and locate all possible industrial users
which might be subject to the POTW pretreatment
program.
Any
compilation, index or inventory of
industrial users made under this subsection shall
be made available to the Agency upon request--j
2)
Identify the character and volume of pollutants.
contributed to the POTW by the industrial users
identified under subsection
(b) (1).
This
information shall be made available to the Agency
upon request-~-~
3)
Notify industrial users identified under
subsection
(b) (1) of applicable pretreatment
standards and any applicable requirements under
Section 204(b)
and 405 of the CWA and Subtitles C
129—462
69
and D of the Resource Conservation and Recovery
Act, incorporated by reference in Section 310.107._
Within 30 days of approval, pursuant to subsection
(f),
of a list of significant industrial users,
notify each significant industrial user of its
status as such and of all requirements applicable
to it as a result of such status
4)
Receive and analyze self—monitoring reports and
other notices submitted by industrial users in
accordance with the self—monitoring requirements
in Subpart D;
5)
Randomly sample and analyze the effluent from
industrial users and conduct surveillance and
inspection activities in order to identify,
independent of information supplied by industrial
users, occasional and continuing noncompliance
with pretreatment standards.
Inspect and sample
the effluent from each significant industrial user
at least once a year.
Evaluate,
at least once
every two years, whether each such significant
industrial user needs a Plan ,to control slug
discharges.
For purposes of this subsection,
a
slug discharge is any discharge of a non—routine,
episodic nature, including but not limited to an
accidental spill or a non—customary batch
discharge.
The results ‘of these activities shall
be made available to the Agency upon request~.
If
the POTW decides that a slug control plan is
needed, the elan shall contain,
at a minimum,
the
following elements:
~J..
A description of discharge practices,
including non-routine batch discharges
~j
A description of stored chemicals
cj
Procedures for immediately notifying the POTW
of slug discharges,
including any discharge
that would violate a prohibition under
Section 310.202 and 35
Ill.
Adm. Code
307.Subpart
B, ‘with procedures
for’ follow-up
written notification within five days; and
Qj
If necessary, procedures to prevent adverse
impact from accidental spills, including
inspection and maintenance of storage areas,
handling and transfer of materials,
loading
and unloading operations,
control of plant
site run-off, worker training, building of
containment structures or equipment, measures
for containing toxic organic pollutants
129—463
70
(including solvents) and measures and
equipment for emergency response
6)
Investigate instances of noncompliance with
pretreatment standards and requirements,
as
indicated in the reports and notices required
under Subpart D or as indicated by analysis,
inspection and surveillance activities described
in subsection
(b) (5).
Sample taking and analysis,
and the collection of other information, shall be
performed with sufficient care to produce evidence
admissible in enforcement proceedings or in
judicial actions; and
Comply with the public participation requirements
of 40 CFR 25, incorporated by reference in Section
310.107,
in the enforcement of pretreatment
standards.
These procedures shall include
provision for providing, at least annually, public
notification,
in a newspaper of general
circulation in the unit of local government in
which the POTW is located,
of industrial users
which, during the previous 12 months, were
jj~
significantly violatingnoncompliance with
applicable pretreatment standards or other
pretreatment requirements.
For the purposes of
this provision,
a significant violation is a
violation which rcmainc uncorrected 45 days after
notification of noncompliance; which is part of a
pattern of noncompliance over a twelve month
period; which involves a failure to accurately
report nonconrnliancc; or which resulted in the
POTW cxcr~
~
.it~
c~m
am1t~w
nuthpritv
undcr
~u~cc’cion
(a) (6) (B). an industrial user is in
significant noncompliance
if its violation meets
one or more of the following criteria:
~j
Chronic violations of wastewater discharge
limits, defined here as those
in which sixty-
six percent or more of all of the
measurements taken during a six—month period
exceed
(by any magnitude)
the daily ma~imum
limit or the average limit for the same
pollutant parameter
~j
“Technical review criteria”
(TRC) violations,
which shall mean those violations in which
thirty—three percent or more of all of the
measurements for each pollutant parameter
taken during a six—month period equal or
exceed the product of the daily maximum limit
or the average limit multiplied by the
applicable TRC
(TRC
=
1.4 for BOD, TSS,
fats,
7)
129—464
7.1
oil,
and grease, and 1.2 for all other
pollutants except pH)
çj
Any other violation of a pretreatment
effluent limit
(daily maximum or longer-term
average) that the Control Authority
determines has caused, alone or in
combination with other discharges,
interference or pass through (including
endangering the health of POTW personnel or
the general public)
Qj
Any discharge of a pollutant that has caused
imminent endangerment to human health,
welfare or to the environment or has resulted
in the POTW’s exercise of its emergency
authority under subsection
(a) (6) (B) to halt
or prevent such a discharge
~j
Failure to meet, within 90 days after the
schedule date,
a compliance schedule
milestone contained in a local control
mechanism or enforcement order for starting
construction, completing construction,
or
attaining final compliance
fi
Failure to provide, within 30 days after the
due date, required reports, such as baseline
monitoring reports.
90—day compliance
reports, periodic self—monitoring reports,
and reports on compliance with compliance
schedules
Qj
Failure to accurately report noncompliance
or
~j)
Any other violation or group of violations
which the Agency determines will adversely
affect the operation or implementation of the
local pretreatment program
c)
The POTW shall have sufficient resources and qualified
personnel to carry the authorities and procedures
described in subsections
(a) and
(b)~-i.
d)
Local limits.
The POTW shall develop local limits as
required in Section 310.210 or demonstrate that they
are not necessary—-j
g)
The POTW shall develop and implement an enforcement
response plan.
This plan shall contain detailed
procedures indicating how a POTW will investigate and
respond to instances of industrial user noncompliance~
129—465
72
The plan shall, at a minimum:
fl
Describe how tne POTW will investigate instances
of noncompliance:
21
Describe the tv~esof escalating enforcement
responses the POTW will take in response to all
anticipated tvies of industrial user violations
and the time periods within which responses will
take place;
fl
Identify
(by title)
the officials responsible for
each type of response; and
jj.
Adequately reflect the POTW’s primary
responsibility to enforce all applicable
pretreatment requirements and standards,
as
detailed in subsections
(a)
and
(b); and
~j
The POTW shall prepare a list of its industrial users
meeting the criteria in the first subsection of the
definition of “significant industrial user” at Section
310.110.
The list shall identify the criteria in the
first subsection of the definition of “significant
industrial user” at Section 310.110 applicable to each
industrial user and,
for industrial users meeting the
criteria in the second subsection of that definition,
shall also indicate whether the POTW has made
a
determination pursuant to the caveat in the second
subsection of that definition that such industrial user
should not be considered a significant industrial user.
This list, and any subsequent modifications thereto,
shall be submitted to the Agency as a non-substantial
program modification pursuant to Subpart K.
Discretionary designations or de—designations by the
control authority shall be deemed to be approved by the
Agency 90 days after submission of the list or
modifications thereto.
BOARD NOTE:
~Seeuerived from 40 CFR 403.8(f)
(198&~),
as amended at 5~ Fed. Reg. 4061230129, October 17,
1988-July 24,
1990.
(Source:
Amended at 16 Ill. Reg.
,
effective
)
SUBPART F:
REPORTING REQUIREMENTS
Section 310.611
Requirements for Non-Categorical Users
The control authority shall require appropriate reporting from
those industrial users with discharges that are not subject to
129—466
73
categorical pretreatment standards.
Significant noncategorical
industrial users shall submit to the control authority at least
once every six months
(on dates specified by the control
authority)
a description of the nature, concentration, and flow
of the pollutants required to be retorted by the control
authority.
These reports shall be based on sampling and analysis
performed in the period covered by the report, and performed in
accordance with the techniques described in 40 CFR part 136,
incorporated bY reference at Section 310.107.
Where 40 CFR part
136 does not contain sampling or analytical techniques for the
~o11utant in question1 or where the Agency determines that the 40
CFR 136 sampling and analytical techniques are inappropriate for
the pollutant in question,
sampling and analysis shall be
performed by using validated analytical methods or any other
applicable sampling and analytical procedures,
including
procedures suggested by the POTW or other persons. approved by
the Agency.
Where the POTW itself collects all the information
required for the report. the noncategorical significant
industrial user will not be required to submit the report.
For
the purposes of this Section,
“significant noncategorical
industrial user” means a significant industrial user that is not
subject to categorical pretreatment standards.
BOARD NOTE:
Derived from 40 CFR 403.12(h)
(1990),_as
addcdamended at 53~Fed. Reg. 4061430131, October
17,
l9B8July
24,
1.90.
(Source:
Amended at 16 Ill.
Reg.
,
effective
Section 310.613
Notification of Changed Discharge
All industrial users shall promptly notify the POTW in advance of
any substantial change in the volume or character of pollutants
in their discharge, including the listed or characteristic
hazardous wastes for which the industrial user has submitted
initial notification under Section 310.635.
BOARD NOTE:
Derived from 40 CFR 403.12(j)
(1990), as
addcdamended at
5-3-,~
Fed. Reg. 4061430131,
October 17,
l98BJuly
24.
1990.
(Source:
Amended at 16 Ill.
Reg.
,
effective
)
Section 310.633
Fraud and False Statements
The reports required by Ceetions 310.602,
310.604,
310.605,
310.611, 310.612 and 310.62lthis Subpart are subject to the
provisions of Section 1001 of Crimes and Criminal Procedure (18
U.S.C.
1001), incorporated by reference in Section 310.107,
relating to fraud and false statementsl and the provisions of
Section 309(c)(~) of the CWA governing false statements,
129—467
74
representations or certifications in reports required under the
CWAT; the provisions of section 309(c) (6) of the CWA regarding
responsible corporate officers; and to the provisions, of Title
XII of the Act.
BOARD NOTE:
Derived from 40 CFR 403.12(k)
(1988), redesignated
40 CFR 403.12(n)
(1990), as amended by 5~ Fed. Reg. 4061430131,
October 17,
l9C8Julv 24,
1990.
(Source:
Amended at
16 Ill. Reg.
,
effective
)
Section 310.635
Notification of Discharge of Hazardous Waste
~j
Requirement for notification.
fl
The industrial user shall notify the POTW; the
Director, Waste Management Division, USEPA Region
V.
230 South Dearborn Street,
Chicago, Illinois
60604; and the Manager. Division of Land Pollution
Control.
Illinois Environmental Protection Agency,~
2200 Churchill Road,
P.O. Box 19276,
Springfield.
Illinois
62794—9276.
in writing of any discharge
into the POTW of a substance, which,
if otherwise
‘disposed of, would be
a hazardous waste under 35
Ill. Adm. Code 721.
Such notification must
include the name of the hazardous waste as set
forth in 35
Ill. Adm.
Code 721, the EPA hazardous
waste number, and the type of discharge
(continuous,
batch,
or other).
If.the industrial
user discharges more than 100 kilograms of such
waste per calendar month to the POTW,
the
notification shall also contain the following
information, to the extent such information
is
known and readily available to the Industrial
User:
An identification of the hazardous
constituents contained in the wastes,
~j
an estimation of the mass and concentration
of such constituents in the wastestream
discharged during that calendar month,
and
çj.
an estimation of the mass of constituents in
the wastestream expected to be discharged
during the following twelve months.
21
Time for notification.
All notifications required
under subsection
(a) (1) must take place within
180
days of the effective date of this rule.
Industrial users who commence ‘discharging after
the effective date of this rule shall provide the
129—468
75
notification no later than 180 days after the
discharge of the listed or characteristic
hazardous waste.
fl
Frequency for notification.
Any notification
required under subsection
(a) (1)
need, be submitted
only once for each hazardous waste discharged.
However, notifications of changed discharges must
be submitted under Section 310.613.
j)~
Exception for notification under other provisions.
The notification requirement of subsection
(a) (11
does_not apply to pollutants already reported
under the self—monitoring requirements of Sections
310.602, 310.604 and 310.605.
~j
Exemption to reporting requirement.
‘Discharges are
exempt from the requirements of subsection
(a) (1)
during a calendar month in which they discharge no more
than fifteen kilograms of hazardous wastes, unless the
wastes are acute hazardous wastes specified in 35
Ill.
Adm. Code 721.130(d)
and 721.133(e).
Discharge of more
than fifteen kilograms of non—acute hazardous wastes
in
a calendar month,
or of any quantity of acute hazardous
wastes as specified in 35 Ill.
Adin. Code 721.130(d)
and
721.133(e), requires a one—time notification.
Subsequent months during which the Industrial User
discharges more than such’ quantities
of. any hazardous
waste do not require additional notification.
,gj
Newly—listed hazardous wastes.
In the case of any new
regulations under section 3001 of the RCRA identifying
additional characteristics of hazardous waste or
listing any additional substance as a hazardous waste,
the industrial user must notify the POTW; USEPA Region
V, Waste Management Division;
and the Agency,
Division’
of Land Pollution Control of the discharge of such
substance,
pursuant to subsection
(a) (1), within 90
days of the effective date of such regulations.
~j
Required certification.
In the case of any
notification made under this Section, the industrial
user shall certify that it has a program in place to
reduce the volume and toxicity of hazardous wastes
generated to the degree it has determined to be
economically practical.
BOARD NOTE:
Derived from 40 CFR 403.12(p),
as added at
55 Fed.
Req.
30131, July 24,
1990.
(Source:
Added at 16 Ill.
Reg.
,
effective
)
129—469
