ILLINOIS POLLUTION CONTROL BOARD
    June
    21,
    1990
    IN THE MATTER OF:
    )
    PROPOSED AMENDMENTS TO TITLE
    )
    R88-2l,
    DOCKET B
    35, SUBTITLE C (TOXICS CONTROL)
    )
    (Rulemaking)
    ADOPTED RULE.
    FINAL ORDER.
    OPINION AND ORDER OF TRE BOARD
    (by R.
    C.
    Flemal)
    The Board by Order of December
    6,
    1989
    created this Docket
    in the R88—21 proceeding for the purpose of allowing further
    consideration of certain adjuncts
    to the overal. water
    toxics
    control regulations
    as adopted
    in Docket A of R88-2l
    (See Final
    Opinion and Order,
    January
    25,
    :990).
    The Board
    today adopts the
    Docket B
    amendments as final, without change
    from those
    amendments as proposed at Second Notice.
    First Notice of Docket
    B was adopted by the Board
    on
    December
    6,
    1989; publication occurred at
    13
    Ill.
    Reg.
    20230
    et
    seq.
    The Board received five public comments during the First
    Notice period.
    After consideration of
    all the comments, the
    Board proposed the amendments
    for Second Notice on April
    26,
    1990.
    The Board’s
    responses to these comments are contained
    in
    the April
    26, 1990 Second Notice Opinion and will not be repeated
    here.
    The amendments were then submitted to the Joint Committee
    on Administrative Rules
    (“JCAR”)
    for Second Notice Review
    pursuant
    to the Administrative Procedure Act
    (Ill.
    Rev.
    Stat.
    1989 ch.
    127, pars.
    1001 et seq.)
    (“APA”).
    On June
    5,
    1990 JCAR
    issued Certifications of No Objection to the proposed amendments,
    and made no suggestions
    for changes
    to the proposed amendments.
    The First Notice Docket
    B
    proposal considered amendments
    to
    seven different Sections
    in
    five separate Parts of
    the Board’s
    water pollution control
    regulations.
    At Second Notice the Board
    elected
    not
    to proceed
    to
    final adoption with
    the proposed
    amendments
    to Parts
    303,
    305,
    309,
    and certain of
    the proposed
    amendments
    to
    Part 302.
    Inasmuch as the Board stands
    by
    the
    analysis made
    in the April
    26 Opinion,
    that analysis will also
    not be
    repeated here.
    The Board notes that on June
    8,
    1990 one Board and one staff
    member
    received copies
    of
    a letter
    to the Illinois Environmental
    Protection Agency (“Agency”)
    from the United States Environmental
    Protection Agency (“USEPA”) concerning
    the Docket B amendments.
    The Board
    is unsure whether USEPA understands
    the purpose of
    the
    two 45—day notice periods established by the APA,
    or
    the
    significance of
    failure
    to timely iie comments during
    the first
    notice period.
    The purpose of
    the
    first notice period
    is
    to
    require
    the rule—proposing agency to consider all public
    112—459

    —2—
    comments, and to allow it
    to modify proposed rules
    in
    response.
    Any issues pertaining to the merits of
    the proposal
    should have been raised during the first notice period.
    Pursuant
    to the APA, once the second notice period
    is initiated
    by JCAR’S~receipt of
    a proposed rule
    for second notice, the
    proposed rule
    is “frozen”:
    once JCAR has notified an agency that
    no objection will be issued for
    rules,
    the text
    of
    the rule
    if
    filed with the Secretary of State
    for final publication must
    be
    the text as agreed upon with JCAR.
    The rules cannot be modified
    in any way except by initiation of
    a new rulemaking proceeding
    to
    amend or repeal the rules;
    any such new prcceedi.ng must comply
    with the procedural requirements of the APA and the Act.
    The record for comment
    in this matter has been closed since
    May 9,
    1990,
    the date of JCAR’s
    receipt
    of
    the Board’s April
    26,
    1990
    Second Notice proposal.
    As noted,
    JCAR considered and voted
    to issue Certifications
    of
    No Objection concerning
    these
    rules
    at
    its June
    5 meeting.
    This was three days before USEPA’s
    letter
    was received by the Board.
    Under these circumstances,
    the Board
    cannot consider USEPA’s untimely letter as
    a public comment
    in
    this docket.
    ORDER
    The Board hereby adopts,
    as final,
    the following amendments
    to be filed with the Secretary of State and published in the
    Illinois Register.
    TITLE
    35:
    ENVIRONMENTAL PROTECTION
    SUBTITLE
    C:
    WATER POLLUTION
    CHAPTER
    I:
    POLLUTION CONTROL BOARD
    PART 302
    WATER QUALITY STANDARDS
    SUBPART
    A:
    GENERAL WATER QUALITY PROVISIONS
    Section
    302.100
    Definitions
    302.101
    Scope and Applicability
    302.102
    Allowed Mixing, Mixing Zones and ZIDs
    302.103
    Stream Flows
    302.104
    Main River Temperatures
    302.105
    Nondegradation
    SUBPART
    B:
    GENERAL USE WATER QUALITY STANDARDS
    Section
    302.201
    Scope and Applicability
    302.202
    Purpose
    302.203
    Offensive Conditions
    302.204
    pH
    112 -4

    —3—
    302.205
    Phosphorus
    302.206
    Dissolved Oxygen
    302.207
    Radioactivity
    302.208
    Numeric Standards
    for Chemical Constituents
    302.209
    Fecal Coliform
    302.210
    Other Toxic Substances
    302.211
    Temperature
    302.212
    Ammonia Nitrogen and Un—ionized
    Armilonia
    SUBPART
    C:
    PUBLIC AND FOOD PROCESSING WATER SUPPLY STANDARDS
    Section
    302.301
    Scope and Applicability
    302.302
    Algicide Permits
    302.303
    Finished Water Standards
    302.304
    Chemical Constituents
    302.305
    Other Contaminants
    302.306
    Fecal Coliform
    SUBPART
    D:
    SECONDARY CONTACT AND INDIGENOUS AQUATIC LIFE
    STANDARDS
    Section
    302.401
    Scope and Applicability
    302.402
    Purpose
    302.403
    Unnatural Sludge
    302.404
    pH
    302.405
    Dissolved Oxygen
    302.406
    Fecal Coliform (Repealed)
    302.407
    Chemical Constituents
    302.408
    Temperature
    302.409
    Cyanide
    302.410
    Substances Toxic to Aquatic Life
    SUBPART
    E:
    LAKE MICHIGAN WATER QUALITY STANDARDS
    Section
    302.501
    Scope and Applicability
    302.502
    Dissolved Oxygen
    302.503
    pH
    302.504
    Chemical Constituents
    302.505
    Fecal Coliform
    302.506
    Temperature
    302.507
    Existing Sources on January 1~ 1971
    302.508
    Sources under Construction But Not
    in Operation
    on January
    1,
    1971
    302.509
    Other Sources
    SUBPART
    F:
    PROCEDURES FOR DETERMINING WATER QUALITY CRTERIA
    Section
    302.601
    Scope and Applicability
    302.603
    Definitions
    302.604
    Mathematical Abbreviations
    302.606
    Data Requirements
    112—461

    —4—
    302.612
    Determining the Acute Aquatic Toxicity Criterion
    for an Individual Substance
    General Procedures
    302.615
    Determining the Acute Aquatic Toxicity Criterion
    Toxicity Independent
    off Water Chemistry
    302.618
    Determining the Acute Aquatic Toxicity Criterion
    Toxicity Dependent on Water Chemistry
    302.621
    Determining the Acute Aquatic Toxicity Criterion
    Procedures
    for Combinations
    of Substances
    302.627
    Determining the Chronic Aquatic Toxicity Criterion
    for an Individual Substance
    General Procedures
    302.630
    Determining
    the Chronic Aquatic Toxicity Criterion
    Procedure for Combination of Substances
    302.633
    The Wild and Domestic Animal Protection Criterion
    302.642
    The Human Threshold Criterion
    302.645
    Determining the Acceptable Daily Intake
    302.648
    Determining the Human Threshold Criterion
    302.651
    The Human Nonthreshold Criterion
    302.654
    Determining the Risk Associated Intake
    302.657
    Determining the Human Nonthreshold Criterion
    302.658
    Stream Flow for Application of Human Nonthreshold
    Criterion
    302.660
    Bioconcentration Factor
    302.663
    Determination of Bioconcentration Factor
    302.666
    Utilizing the Bioconcentration Factor
    302.669
    Listing of
    Derived Criteria
    APPENDIX A
    References
    to Previous Rules
    APPENDIX B
    Sources of Codified Sections
    AUTHORITY:
    Implementing Section
    13 and authorized
    by
    Section
    27
    of the Environmental Protection Act
    (Ill.
    Rev.
    Stat.
    1989,
    oh.
    111 1/2, pars.
    1013 and 1027).
    SOURCE:
    Filed with the Secretary
    of State January
    1,
    1978;
    amended at
    2
    Ill.
    Req.
    44,
    p.
    151, effective November
    2,
    1978;
    amended at
    3
    Ill. Rec.
    20,
    p.
    95, effective May
    17,
    1979;
    amended
    at
    3
    Iii.
    Req.
    25,
    p.
    190,
    effective June
    21,
    1979;
    codified
    at
    6
    Ill.
    Req.
    7818,
    effective June
    22,
    1982;
    amended at
    6
    Ill.
    Req.
    11161,
    effective September
    7,
    1982;
    amended at
    6
    Ill.
    Req.
    13750,
    effective October
    26,
    1982;
    amended at
    8
    Iii.
    Req.
    1629,
    effective January
    18,
    1984; peremptory
    amendments at
    10
    Ill. Req.
    461,
    effective December
    23,
    1985;
    amended in R87—27
    at
    12
    Ill.
    Req.
    9911,
    effective May
    27,
    1988; amended
    in R85—29
    at
    12
    Ill.
    Req.
    12082,
    effective July
    11,
    1988;
    amended
    in R88—l
    at
    13
    Ill.
    Req.
    5998, effective April
    18,
    1989;
    amended
    in R88—2l(A)
    at
    14
    Ill. Req.
    2899,
    effective February
    13,
    1990;
    amended in R88—21(B)
    at
    ______
    Ill. Req.
    _____________
    effective
    _____—____________
    SUBPART
    B:
    GENERAL USE WATER QUALITY STANDARDS
    112—462

    —5—
    Section 302.208
    Numeric Standards
    for Chemical Constituents
    a)
    The acute standard
    (AS)
    for the chemical constituents
    listed
    in subsection
    (d)
    shall not be exceeded at any
    time except as provided
    in subsection
    (C)
    b)
    The chronic standard
    (CS)
    for the chemical constitutents
    listed
    in subsection
    (d)
    shall not be exceeded by the
    arithmetic average of at
    least
    four consecutive samples
    collected over any period
    of at least
    four days,
    except
    as provided
    in subsection
    (c).
    The samples used
    to
    demonstrate compliance
    or lack of compliance with a CS
    must be collected
    in a manner which assures an average
    representative of the sampling period.
    c)
    In waters where mixing
    is allowed pursuant
    to Section
    302.102,
    the following apply:
    1)
    The AS shall not be exceeded
    in any waters except
    for those waters for which the Agency has approved
    a ZID pursuant to Section 302.102;
    2)
    The CS shall
    not be exceeded outside
    of waters
    in
    which mixing
    is allowed pursuant
    to Section
    302.102.
    d)
    STORET
    AS
    CS
    Constituent
    Number
    (ug/L)
    (ug/L)
    Cadmium
    (total)
    01027
    expA
    +
    Bln(H),
    but not
    to exceed
    50
    ug,/L, where
    A
    =
    -2.918 and
    Chromium
    01032
    (total
    hexavalent)
    Copper
    (total)
    B
    =
    1.128
    Arsenic
    (total)
    01002
    360
    Chromium
    (total)
    trivalent)
    190
    +
    Bln(H),
    A
    =
    —3.490
    =
    0.7852
    11
    +
    Bln(H),
    A
    =
    1.561
    =
    0.8190
    +
    Bln(H),
    A
    =
    —1.465
    =
    0.8545
    expEA
    where
    and B
    expA
    ;i
    here
    and B
    expA
    where
    and B
    16
    +
    Bln(H),
    A
    =
    3.688
    =
    0.8190
    +
    Bln(H)~,
    A
    —1.464
    =
    0.9422
    01033
    expA
    where
    and B
    01042
    explA
    where
    and
    B
    112—463

    —6—
    Cyanide
    00718
    22
    5.2
    Lead
    01051
    expA
    +
    Bln(H),
    Not Applied
    (total)
    but not to exceed
    100 ug/L, where
    A
    =
    —1.460 and
    B
    =
    1.273
    Mercury
    71900
    0.5
    Not Applied
    TRC
    50060
    19
    11
    where:
    ug/L
    =
    microgram per liter,
    expx
    base
    of natural logarithms
    raised
    to the x—power, and
    ln(H)
    =
    natural logarithm of Hardness
    (STORET
    00900).
    e)
    Concentrations
    of the following chemical constituents
    shall
    not be exceeded except
    in waters for which mixing
    is allowed pursuant to Section 302.102.
    STORET
    Constituent
    Units
    Number
    Standard
    Barium
    (total)
    mg/L
    01007
    5.0
    Boron
    (total)
    mg/L
    01022
    1.0
    Chloride
    (total)
    mg/L
    00940
    500.
    Fluoride
    mg/L
    00951
    1.4
    Iron (dissolved)
    Manganese
    (total)
    mQ/L
    mq/L
    01046
    01055
    1.0
    1.0
    Nickel
    (total)
    mq/L
    01067
    1.0
    Phenols
    mg/L
    32730
    0.1
    Selenium
    (total)
    mg/L
    01147
    1.0
    Silver
    (total)
    ug/L
    01077
    5.0
    Sulfate
    mq/L
    00945
    500.
    Total Dissolved
    mq/L
    70300
    1000.
    Solids
    Zinc
    (total)
    mg/L
    01092
    1.0
    where:
    mg/L
    =
    milligram per liter and
    ug/L
    =
    microgram per liter
    Source:
    Amended at
    Ill.
    Req.
    effective
    ________________
    ~22—464

    —7—
    Section 302.304
    SUBPART
    C:
    PUBLIC AND FOOD PROCESSING
    WATER SUPPLY STANDARDS
    Chemical Constituents
    The following levels
    of chemical constituents shall not be
    exceeded:
    STORET
    CONCENTRATION
    CONSTITUENT
    NUMBER
    (mg/l)
    Arsenic
    (total)
    Barium (total)
    Cadmium
    (total)
    Chloride
    Chromium
    Iron
    (dissolved)
    Lead
    (total)
    Manganese (total)
    Nitrate—Nitrogen
    Oil (hexane—solubles
    or equivalent)
    Organics
    Pesticides
    Chlorinated Hydro-
    carbon Insecticides
    Aldrin
    Chlordane
    DDT
    Dieldrin
    Endrin
    Heptachlor
    Heptachlor Epoxide
    Lindane
    Methoxychlor
    Toxaphene
    Orqanophosphate
    :nsecticides
    Parathion
    Chloro~henoxyHerbicides
    2, 4-Dichlorophenoxy—
    acetic acid
    (2,4—D)
    2— (2,4, 5—Tr ichloro—
    phenoxy
    ) -propionic
    acid
    (2,4,5—Tp
    or
    Silvex)
    Phenols
    Selenium (total)
    Sulphates
    Total Dissolved Solids
    01002
    01007
    01027
    00940
    01034
    01046
    r~ir~c.’
    U
    U
    J J~
    01055
    00620
    00550,
    00556
    or 00560
    39330
    39350
    39370
    39380
    39390
    39410
    39420
    39782
    39480
    39400
    39540
    39730
    39760
    32730
    01147
    00945
    70300
    0.05
    1.0
    0.010
    250.
    0.05
    0.3
    0.05
    0.15
    10.
    0.1
    0.001
    0.003
    0.05
    0.001
    0.0002
    0.0001
    0.0001
    0.004
    0.1
    0.005
    0.1
    0.1
    0.01
    0.001
    0.01
    250.
    500.
    112—465

    —8—
    (Source:
    Amended at
    effective
    )
    Ill.
    Req.
    TITLE
    35:
    ENVIRONMENTAL PROTECTION
    SUBTITLE
    C:
    t~ATERPOLLUTION
    CHAPTER
    I:
    POLLUTION CONTROL BOARD
    PART 304
    EFFLUENT STANDARDS
    SUBPART A:
    GENERAL EFFLUENT STANDARDS
    Section
    304.101
    304.102
    304.103
    304.104
    304.105
    304.106
    304.120
    304.121
    304.122
    304.123
    304.124
    304.125
    304.126
    304.140
    304.141
    304.142
    Preamble
    Dilution
    Background Concentrations
    Averaging
    Violation
    of Water Quality Standards
    Offensive Discharges
    Deoxygenating Wastes
    Bacteria
    Nitrogen (STORET number 00610)
    Phosphorus
    (STORET number
    00665)
    Additional Contaminants
    pH
    Mercury
    Delays
    in Upgrading
    (Repealed)
    NPDES Effluent Standards
    New Source Performance Standards
    (Repealed)
    SUBPART B:
    SITE SPECIFIC RULES AND EXCEPTIONS
    NOT OF GENERAL APPLICABILITY
    Wastewater Treatment Plant Discharges of the
    Metropolitan Sanitary District of Greater Chicago
    Chlor—alkali Mercury Discharges
    in St. Clair County
    Copper Discharges by Olin Corporation
    Schoenberger
    Creek: Groundwater Discharges
    John Deere Foundry Discharges
    Alton Water
    Company Treatment
    Plant Discharges
    Galesburg Sanitary District Deoxygenating Wastes
    Discharges
    City of Zockport Treatment Plant Discharges
    Wood River Station Total Suspended Solids
    Discharges
    Alton Wastewater Treatment
    Plant Discharges
    Sanitary District
    of Decatur Discharges
    Union Oil Refinery Ammonia Discharge
    Mobil Oil Refinery
    Arnrrtonia
    Discharge
    Section
    304 .201
    304.202
    304.203
    304.204
    304.205
    304.206
    304.207
    304.208
    304.209
    304.210
    304.212
    304.213
    304.214
    112—466

    —9—
    304.215
    City
    of Tuscola Wastewater Treatment Facility
    Discharges
    304.216
    Newton Station Suspended Solids Discharges
    304.219
    North Shore Sanitary District Phosphorus Discharges
    304.220
    East
    St. Louis Treatment Facility, Illinois—
    American Water Company
    304.221
    Ringwood Drive Manufacturing Facility
    in McHenry
    County
    304.222
    Intermittent Discharge of TRC
    SUBPART C:
    TEMPORARY EFFLUENT STANDARDS
    Sect ion
    304.301
    Exception for Ammonia Nitroqen Water Quality
    Violations
    304.302
    City of Joliet East Side Wastewater Treatment Plant
    APPENDIX A
    References
    to Previous Rules
    AUTHORITY:
    Implementing Section
    13 and authorized by Section
    27
    of the Environmental Protection Act
    (Ill.
    Rev.
    Stat.
    1989,
    ch.
    111
    1,72 pars.
    1013 and 1027).
    SOURCE:
    Filed with the Secretary of State January
    1,
    1978;
    amended at
    2
    Ill. Req.
    30, p.
    343, effective
    uly
    27,
    1978;
    amended at
    2
    Ill. Reg.
    44,
    p.
    151, effective November
    2,
    1978;
    amended at
    3
    Ill.
    Req.
    20,
    p.
    95, effective May 17,
    1979;
    amended
    at
    3
    Ill.
    Req.
    25,
    p.
    190, effective June
    21,
    1979;
    amended at
    4
    Ill. Reg.
    20,
    p.
    53, effective May 7,
    1980; amended
    at
    6
    Ill.
    Reg.
    563, effective December
    24,
    1981; codified at
    6
    Ill.
    Req.
    7818; amended
    at
    6
    Ill.
    Req.
    11161,
    effective September
    7,
    1982;
    amended at
    6
    Ill. Req.
    13750, effective October
    26,
    1982; amended
    at
    7
    Ill.
    Reg.
    3020,
    effective March
    4,
    1983;
    amended
    at
    7
    Ill.
    Req.
    8111,
    effective June
    23,
    1983;
    amended at
    7
    Ill.
    Req.
    14515,
    effective October
    14,
    1983; amended at
    7
    Ill. Req.
    14910,
    effective November
    14,
    1983; amended at
    B
    Ill.
    Req.
    1600,
    effective January
    18,
    1984; amended at
    8
    Ill.
    Req.
    3687,
    effective March
    14,
    1984; amended at
    8
    Ill.
    Req.
    8237,
    effective
    June
    8,
    1984; amended
    at
    9 ill.
    Req.
    1379, effective January 21,
    1985;
    amended at
    9
    Ill.
    Req.
    4510,
    effective March
    22,
    1985;
    peremptory amendment
    at
    10
    Ill.
    Req.
    456, effective December
    23,
    1985;
    amended at
    11
    Ill. Req.
    3117,
    effective January
    28,
    1987;
    amended
    in R84—l3 at
    11
    :11.
    Rea.
    7291, effective April
    3,
    1987;
    amended in R86—l7(A)
    at
    11
    Ill.
    Req.
    14738, effective Auqust
    24,
    1987; amended
    in R84—l6
    at
    12
    Ill.
    Req.
    2445,
    effective January
    15,
    1988;
    amended
    in R83—23 at
    12
    Ill.
    Req.
    8658,
    effective May
    10,
    1988;
    amended
    i
    R87—27
    at
    12
    Ill.
    Req.
    9905,
    effective May
    27,
    1988;
    amended
    in R82—7
    at
    12
    Ill.
    Rec.
    10712, effective June
    9,
    1988;
    amended
    in R85—29 at
    12
    Ill.
    Req.
    12064,
    effective July
    12,
    1988;
    amended
    in R87—22
    at
    2
    Ill.
    Req.
    13966, effective
    August
    23,
    1988;
    amended
    in R86—3 at
    12
    ll.
    Req.
    20126,
    effective November
    16,
    1988;
    amended
    in R84—20
    at
    13
    Ill.
    Req.
    112—4 67

    —10—
    851,
    effective January
    9,
    1989;
    amended
    in R85—ll at
    13
    Ill. Req.
    2060,
    effective February
    6,
    1989;
    amended in R88-l at
    13
    Ill.
    Req.
    5976, effective April
    18,
    1989;
    amended
    in R86—17(B)
    at
    13
    Ill.
    Reg.
    7754,
    effective May
    4,
    1989, amended
    in R88—22 at
    13
    Ill. Reg.
    8880,
    effective May 26,
    1989;
    amended
    in R87—36 at
    14
    Ill. Req.
    XXXXX, effective May 31,
    1990; amended in R88—21(B)
    at
    ____
    111. Req.
    ___________
    ,
    effective
    _____________________
    SUBPART
    B:
    SITE-SPECIFIC RULES AND
    EXCEPTIONS NOT OF GENERAL APPLICABILITY
    Section 304.222
    Intermittent Discharge of TRC
    The acute TRC water quality standard of
    35 Ill. Adm.
    Code 302.208
    by operation of Section
    304.105 shall
    not apply to any discharge
    which contains TRC solely as the result
    of intermittent usage
    for
    antifoulinq purposes related
    to the operation
    of condensers and
    cooling systems.
    For the Durposes
    of
    this Section usage
    of
    chlorine or
    related substances measureable as TRC shall
    be deemed
    to be
    intermittent
    if usage
    is restricted
    to
    a maximum of two
    hours per day per condenser
    or cooling system unit.
    Discharge
    concentration of TRC averaged or composited over the discharge
    period shall
    not exceed 0.2 mg,/l
    nor shall
    the TRC concentration
    exceed 0.5 mg/l
    at any time.
    (Source:
    Added at
    _________
    Ill. Req.
    _____
    effective
    _____________________
    IT IS SO ORDERED
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certif,y that the a~cveOpinion and Order was
    adopted on the
    ,-2/il~ day of
    ~
    ,
    1990,
    by a vote
    of
    7-~
    //~.
    Dorothy M. ~Inn,
    Clerk
    Illinois Pollution Control Board
    112—463

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