ILLINOIS POLLUTION CONTROL BOARD

December

6,

1989

IN

THE MATTER OF:

PROPOSE

AMENDMENTS TO TITLE

35, SUB:ITLE C (TOXICS CONTROL)

PROPOSED REGULATIONS

R88-21,

DOCKET

A

SECOND

NOTIC~T

ORDER OF

THE

BOARD

(by R.

C.

Flemal)

The Board hereby proposes

for Second Notice the foiowinc~

amendements to

35 lU.

Adrr.

Code,

Subtitle

C:

~

Poi~ti:~n,

Chapter

I,

Pollution Control Board,

Parts

301,

302,

303,

305,

and

309.

The Board hereby directs

that Second Notice

of

the

following proposed rules

be submitted ro the Joint Committee on

Administrative Rules.

Tbis Order

is supported by

a separate

Opinion adopted this day.

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

C:

WATER

POLL’JTION

CHAPTER

I:

POLLUTION CONTROL BOARD

PART 301

INTRODUCTION

Section

301.101

301.102

301. 103

301.104

301.105

301.106

301. 107

301.108

301.200

301.205

301. 210

301.215

301.220

301.225

301.230

301.235

301.240

301.245

301

‘50

~

~

~J U

-“

-,

301. 260

301. 265

301.

270

301. 275

Authority

Policy

Repeals

Analytical Testing

References

to Other Sections

Incorporations

by Reference

Severability

Adjusted Standards

Def~nat ions

Act

Administrator

Agency

Aquatic Life

Artificial Cooling Lake

Basin

Board

OWA

Calumet River System

Chi~~o~RiverSystem

CL~u~1flC SCwe~

Combined

Sewer

Service

Area

Construct

ion

Dilution

Ratio

Effluent

106-~199

---

—2--

Hearing Board

Industrial Wastes

Institute

Interstate Waters

Intrastate Waters

Land Runoff

Marine Toilet

Modi

f I

cation

New Source

NPDES

Other

Wastes

Person

Pollutant

Population Equivalent

Pretreatment

Works

Primary

Contact

Public

and

Food

Processing

Water

Supply

Publicly Owned Treatment

Works

Publicly Regulated Treatment Works

Sanitary

Sewer

Secondary Contact

Se

wag e

Sewer

Sludge

Standard of

Performance

STORET

Storm Sewer

Treatment Works

Underground Waters

Wastewater

Implementing Section

13 and authorized by Section

27

ironmental Protection

Act

(Ill.

Rev.

Stat.

1987,

ch.

111

1/2,

pars.

1013 and 1027).

SOURCE:

Filed with the Secretary

of State January

1,

1978;

amended at

3

Ill.

Req.

25,

p.

190, effective June

21,

1979;

amended

at

5

Ill.

Req.

6384,

effective

May

28,

1981;

codified at

6

Ill.

Req.

7818;

amended

in R88—l at

13

Ill. Req.

5984,

effective April

18,

1989;

amended

in R88—21~A) at

____

Ill.

Req.

-

—,

effective

—_____________________

Note:

Capitalization denotes statutory language

Section 301.106

Incorporations

by Reference

a)

Abbreviations.

The

following

abbreviated

names

are

used

for

materials

incorporated

by

reference:

UASTMU

means American Society

for Testing and

301.280

301.285

301.290

301. 295

301.300

301.305

301.310

301.315

301.320

301.325

301.330

301.335

301.340

301.345

301.350

301.355

301.360

301.365

301.370

301.375

301.380

301.385

301.390

301.395

301.400

301.405

301.410

301.415

301.420

301.425

301.430

301.435

301.440

APPENDIX A

AUTHORITY:

of the Env

Wastewater

Source

Watercraft

;~a

te r

S

References

to Previous Rules

ir~--2fl0

---

—3—

Mater ials

“GPO” means Sup~iintendent of Documents,

U.S.

Government Printing Office

“NTIS” means National Technical

Inforrration

Service

I*Standard

Methods” means

‘Standard Metcods

for the

Examination of Water

and Wastewater:,

.::ailahle

from the American Public Health Assoc~a:.ion

“USEPA” means United States Environmenro

Protection Agency

—

b)

The Board

incorporates the following puhlications o~

reference:

American Public Health Association et a1.~~015

Fifteenth

Street, N.W.,

Washin9ton,

D.C.

20005

Standard Methods

for

the Examination

of Water

and Wastewater,

16th Edition,

1985

ASTM.

American Society

for Testing and Materials,

1976 Race Street,

Philadelphia,

PA 19013

(215)

299—5400

ASTM Standard E

724—80

“Standard

Practice

for

Conducting

Static

Acute

Toxicity

Tests

with

Larvae

of

Four Species of Bivalve Molluscs”,

approved

1980.

ASTM

Standard

E

729—80

“Standard Practice for

Cor.iucting Static Acute Toxicity Tests with

Fishes,

Macroinvertebrates,

and

Amphibians”,

approved

1980.

ASTM

Standard

E

857—81

“Standard

Practice

for

ç4~c~n

Subacute Dietary Toxicity Tests

with Avian Species”, approved 1981.

ASTM Standard E 1023—84

“Standard Guide

for

Assessing the Hazard

of

a Mater~o1 to Aquatic

Organisms and Their Uses”, appr~’~’d1984.

ASTM Standard E 1103—86

“Method

for

Determininc, Subchronic Dermal Toxicity”,

approved l9~.

7

C’”

C’

4

“

-‘

-‘~

r’

‘1

‘

‘~

7

C’

7

fl

C’

-

,3

-

—

4

~

~i~4

~Lc1flQc~tu

~

~..i-’~ioi

,LC~nu~ru

J.eSL

i.~CLfljQ

for Partition Coefficient

(n—Octanol/Water)

Estimation by Liquid Chromatography”, approved

February 27,

1987

106--201

---

—4—

ASTM Standard E 1192-88 “Standard Guide for

Conducting Acute Toxicity Tests on Aqueous

Effluents

with Fishes, Macroinvertebrates and

Amphibians”,

approved

1988.

ASTM Standard E 1193—87

“Standard Guide for

Conducting Renewal Life-Cycle Toxicity Tests

with Daphnia Magna”,

approved 1987.

ASTM Standard

E 1241—88 “Standard Guide

for

Conducting Early Life—Stage Toxicity Tests

with Fishes”,

approved 1988.

ASTM Standard

E 1242—88

“Standard Practice for

Using Octanol—Water Partition Coefficients

to

Estimate Median Lethal Concentrations

for Fish

due

to Narcosis”,

approved 1988.

ASTM Standard

E 4429—84

“Standard Practice for

Conducting Static Acute Toxicity Tests on

r,~Jastewaterswith Daphnia”,

approved 1984.

NTIS.

National Technical Information Service,

5285

Port Royal

Road,

Springfield, VA 22161

(703)

487—

4600

SIDES:

STORET

Input Data Editing System,

January,

1973,

Document Number PB—227 052/8

Water

Quality

Data

Base

Management

Systems,

February,

1984,

Document

Number

AD—P004 768/8

USEPA.

United

States

Environmental

Protection

Agency,

Office

of

Health

and

Environmental

Assessment,

Washington,

D.C.

20460

Muta~enicity

and Carcinoaenicity Assessment

for

1,3—Butadiene,

September,

1985,

Document

Number EPA/600/8—85/004A

C)

The Board incorporates

the following federal

regulations

by

reference:

40 CFR 136

(1988)

40

CFR

141

(1988)

40

CFR

302.4

(1988)

d)

This Section incorporates no future editions

or

amendments.

(Source:

Added at

Ill. Reg.

effective

_____________________

.‘~6

‘fl2

---

—5—

Section

301.107

Severability

If any provision of this Subtitle

is adjudged invalid,

or

if the

a_pplicati•on thereof

to any person

or

in. any circumstance

is

adjudged invalid, such invalidity shall not affect

the validity

of this Subtitle as

a whole,

or any Part,

Subpart,

Section,

subsection,

sentence

or clause thereof not ,~-djudged invalid.

(Source:

Added at

Ill.

Req.

_____

effect ive

_____________________

Section 301.108

Adjusted Standards

a)

AFTER

ADOPTNG

A

REGULATION

OF

GENERAL

APPLICABILITY,

THE

BOARD

MAY

GRANT,

N A SUBSEQUENT ADJUDICATORY

DETERMINATION,

AN

ADJUSTED

STANDARD

FOP

PERSONS

WHO

CAN

jUSTIFY

SUCH

AN

ADjUSTMENT

CONSISTENT

WITH

SUBSECTION

~a) OF SECTION

27 OF THE ILLINOIS ENV:RON~ENTAL.

PROTECTION ACT.

IN

GRANTING SUCH ADJUSTED STANDARDS,

THE BOARD MAY IMPOSE SUCH CONDITIONS ARE MAY BE

NECESSARY

TO

ACCOMPLISH :HE PURPOSES OF THE ILLINOIS

ENVIRONMENTAL PROTECflON ACT.

THE RULE-MAKING

PROVISIONS OF THE ILLINOIS

AoM:NISTR~T:VE

PROCEDURE ACT

(111.

Rev.

Stat.

1987,

oh.

127,

par.

1001

et

seg) AND

TITLE VII OF THE ENVIRONMENIAL PROTECTION ACT SHALL NOT

APPLY TO SUCH SUBSEQUENT DETEPMNATIONS.

(Section

28.1(a)

of the Act)

b)

IN

ADOPTING

A

RULE

OF GENERAL APPLICABILITY,

THE BOARD

—

MAY

SPECIFY

THE LEVEL OF JUSTIFICATION

REQUIRED

OF

A

PETTIONER FOR AN ADJUSTED STANDARD CONSISTENT WITH THIS

SECTION.

(Section 28.1(b)

of

the Act)

c)

IF A REGULATION OF GENERAL APPLICABILITY DOES NOT

—

SPECIFY A LEVEL OF JUSTIFICATION REQUIRED OF A

PETITIONER TO QUALIFY FOR AN ADJUSTED STANDARD, THE

BOARD

MAY

GRANT INDIVIDUAL ADJUSTED STANDARDS ~HE~EVER

THE BOARD DETERMINES UPON ADEQUATE PROOF BY

PETITIONER,

THAT:

~

FACTORS RELATING TO THAT PET:TIONER ARE

SUBSTANTIALLY

AND

SIGNIFICANTLY

DIFFERENT

FROM

THE

FACTORS

RELIED

UPON

BY

THE

BOARD

IN

ADOPTING

THE

GENERAL

REGULATION

APPLICABLE

TO

THAT

PETITIONER

2)

THE EXISTENCE OF THOSE FACTORS JUSTIFIES AN

—

ADJUSTED STANDARD

~J

TEL RE~UESTD STANDARD WILL NOT RESULT IN

ENVIRONMENTAL

OR

HEALTH

EFFECTS

SUBSTANTIALLY

AND

SIGNIFICANTLY_MORE

ADVERSE

THAN

THE

EFFECTS

CONSIDERED BY THE BOARD IN ADOPTING THE RULE OF

GENERAL

APPLICABILITY;

AND

106—203

---

—6—

4)

THE

ADJUSTED

STANDARD

IS

CONSISTENT

WITH

ANY

—

APPLICABLE FEDERAL LAW.

(Section 28.1(c)

of the Act)

(Source:

Added at

Ill.

Reg.

_____

effective

____________________

---

—7—

TITLE 35:

ENVIPONMENTAL

PROTECTION

SUBTI:’LE

C:

WAYR

POLLUTION

CHAPTER

1:

POLLUTION

CONTROL

BOARD

PAP

103

WATER QUAL~~I~

STANDARDS

SUBPART

A:

GENERAL

WATFR

QUALITY PROVISIONS

Scc

t::

302.100

302.

:01

302.102

302.103

302.104

302.

105

Section

302.201

302.202

302.203

302.204

302.205

302.206

302. 207

302.208

302.209

302.210

302.211

302.212

Definitions

Scope an’~~J~L~cab1ity

Allowed

Mixing,

Mix,ng

Zones and ZIJs

Stream Flows

Main River Temperaturs

Nondegradation

SUBPART

3:

GENERAL

USE

WATER

QUAL ITY

STANDARDS

Scope

and

App icability

Pu rpose

~

S±~e ‘Offensive Conditions

pH

-.

Phosph

or

us

Dis:olved Oxygen

Rad~oactivity

Nu:neric Stanoards

for Chemical Constituents

Fecal Coliform

-

S~b~~eesPex~-e~e

~

~±fe Other Toxic Substances

Temperature

Ammonia

Nitrogen and Un-ionized Ammonia

Scope and Applicability

Algicide Permits

Finished Water Standards

Chemical Constituents

Other Contaminants

Fecal Coliform

SUBPART

D:

SECONDARY CONTACT AND INDIGENOUS AQUATIC LFE

STANDARDS

SUBPART

C:

PUBLIC AND FOOD PROCESSING WATER SUPPLY STANDARDS

Section

302.301

302.302

302.303

302.304

302.305

302.306

Section

302.401

302.402

302.403

302.404

302.405

302.406

302.407

Scope

and

Applicability

Purpose

Unnatural Sludge

pH

Dissolved Oxygen

Fecal Coliform (Repealed)

Chemical Constituents

1fl6—205

---

—8—

SUBPART

E:

LAKE MICHIGAN WATER QUALITY STANDARDS

Section

302.501

302.502

302.503

302.504

302.505

302.506

302.507

302.508

Scope and Applicability

Dissolved

Oxygen

pH

Chemical

Constituents

Fecal

Coliform

Temperature

Existing

Sources

on

January

1,

1971

Sources

under

Construction

But

Not

in

Operation

on

January

1,

1971

302.509

Other

Sources

SUBPART

F:

PROCEDURES

FOR

DETERMINING

WATER

QUALITY

CRITERIA

Section

302.601

302.603

302.604

302.606

302.612

302.615

302.618

302

.

621

302.627

302.630

302.633

302.642

302.645

302.648

302.651

302.654

302.657

302

.

658

302.660

30

2

.

663

302.666

302.669

Scope and Applicability

Definitions

Mathematical Abbreviations

Data Requirements

Determining the Acute Aquatic Toxicity Criterion

for an

Individual Substance

-

General Procedures

Determining

the

Acute

Aquatic Toxicity Criterion

—

Toxicity

Independent

of

Water

Chemistry

Determining

the

Acute

Aquatic

Toxicity

Criterion

—

Toxicity

Dependent

on

Water Chemistry

Determining

the

Acute

Aquatic

Toxicity Criterion

—

Procedures

for

Combinations

of

Substances

Determining

the

Chronic

Aquatic

Toxicity

Criterion

for

an

Individual

Substance

—

General Procedures

Determining

the

Chronic

Aquatic

Toxcity

Criterion

—

Procedure

for Combination

of Substances

The Wild and Domestic Animal Protection Criterion

The Human Threshold Criterion

Determining

the

Acceptable

Daily

Intake

Determining

the

Human

Threshold

Criterion

The

Human

Nonthreshold

Criterion

Determining the Risk Associated Intake

Determining

the Human Nonthreshold Criterion

Stream Flow

for Application

of Human Non:hreshold

Cr it er ion

Bioconcentration Factor

Determination of Bioconcentration Factor

Utilizing

the Bioconcentration Factor

Listing of Derived Criteria

APPENDIX A

APPENDIX

B

References to Previous Rules

Sources of Codified Sections

302.408

302.409

302.410

Temperature

Cyanide

Substances Toxic

to Aquatic Life

---

—9—

AUTHORITY:

ImDlementina

~Iect~cn 13 and authorized by Section

27

vi the Environmental

Prot~vticn:Act

(Ill,

Rev.

Stat.

1987,

oh.

:i~ 2/2,

pars.

1013 and IJI

SOURCE:

Filed with the Secretary of

State January

1.

1976;

amended at

2

Ill.

Rec.

44,

p.

151, effective November

2,

1978;

amendec at

3

Ill.

Rec.

20,

p.

95,

effective May 17, 1979;

amended

at

I

:L~,. Re-c,

25,

p.

190,

effective June

21,

1979; ccd~fied at

6

Iii.

Req.

I~i8,

effective J~ne 22,

1982;

amended at

0 I~.

.

Req.

11161.

effec-~ve

Septemner

1’,

1982;

amended

a:

6

Ill.

Ret.

13750,

effective October

26, 1982~ amended at

8

Ill.

Req.

l629~

effective January

18,

1984;

peremptory amendments

at

:0

III.

Req.

461,

effective

December

23,

1985;

amended

in

P87—27

at

12

Ill.

Rec.

9911, effective May

27,

1988;

amended

in

P85—29

at

12 I11~

Req.

12082, effective

JulY

II.

1988;

amended

in

P88—1

at:

13

111.

Req.

5998,

effective Amrii~ 18,

1989;

amended

in P88—21(A)

a:

____

Ill.

Req.

___________

,

effective

______________________

106-207

---

—10—

SUBPART A:

GENERAL WATER QUALITY PROVISIONS

Section 302.100

Definitions

Unless otherwise specified,

the definitions of

the Environmental

Protection Act

(Ill.

Rev.

Stat.

1987,

ch.

111 1/2,

par.

1001 et

seq.)

and 35

Ill. Adm.

Code 301 apply to this Part.

As used in

this Part, the following definitions have the specified meaning.

“Acute Toxicity” means

the capacity of any substance or

combination of substances

to cause mortality or other

adverse effects

in an organism resulting from

a single

or

short—term exposure

to the substance.

“Adverse Effect” means any gross or overt effect on an

organism,

including but not limited

to reversible

histo~athologicaldamage,

severe convulsions,

irreversible functional impairment and lethality,

as

well

as any non—overt effect on an organism resulting

in

functional impairment

or pathological lesions which may

affect the performance of

the whole organism,

or which

reduces

an organism’s ability

to respond

to an

additional challenge.

“Chronic

Toxicity”

means

the

capacity

of

any

substance

or combination of substances

to cause injurious or

debilitating effects

in an organism which result from

exposure for a time period representing a substantial

portion of the natural

life cycle of

that organism,

including

but

not

limited

to

the

growth

phase,

the

reproductive phases

or such critical portions of

the

natural

life

cycle

of

that

organism.

“Criterion”

means

the

numerical

concentration

of

one

or

more

toxic

substances derived

in

accordance

with

the

procedures

in

Subpart

F

which,

if

not

exceeded,

would

assure compliance with

the

narrative

toxicity

standard

of

Section 302.210.

“Hardness” means

a water quality parameter or

characteristic consisting

of the sum of calcium

arid

magnesium concentrations expressed in terms

of

equivalent milligrams per

liter

as calcium carbonate.

Hardness

is measured

in accordance with methods

specified

in

40 CFR 136,

incorporated

by reference

in

35

Ill.

Adm.

Code 301.106.

“Mixing

Zone” means

a portion

of the waters

of

the State

identified as

a region within which mixing

is allowed

pursuant

to Section 302.102(d).

“Total Residual Chlorine” or

“TRC” means those

substances which include combined and uncombi.ned

forms

106—200

---

-11-

of both cniorine

am:

oromine_and ‘vh~c:are exnre~sed, hv

convention,

as

an

ec~ ~‘aer:t

ccr,cen:ra~

ion

of molecul:

chorine.

Th

s

t,~i:tt:ed

i

accordanr-e Lt~

s~c~f~ea

in

du

C~F

iPcurpo~a

cc

bj

reference

~r

~

I~..Ado.

Code 3O2.~r~,

‘Toxic

Substance’

msar~

a

cnemical_substance

~

causes

ad::rse

effects

~rthunan~, or~r~

ts

:‘estr~e a:tioa’nz

.ife.

T:u.i~’c~tn’:nr

in::)ude,

~:.

are

not

ii:’~ teL

to

rh~:se suo~ ence~

~s

~r~C

JF

-,

~n~rpora-ed

vi

—

___

Aar

‘—

•

t

~vL~’~L~uLLi__‘--a

-‘

-

defined by the

Illinois

Chemical

Sc-~fe.to’

Ac:_(~11. Rev.

S~at. l9c.,

Lh.

~

nat.

951

~

“ZID”

or

‘Zone

c,1

Ini

tial

Dil.uticn~

means

~~j~ion:fe

mixin9

zone,

~dentIfied pu

rsu.unr

to

Sect.~on.302.102

within which acute

tc.xici ty

s

~r:carc~:

:eednc•tberuet

(Source:

Added at

Ill. Req.

effective

_______

____________

Section 302.101

Scope and Anplicability

a)

Pare B8BThis

Part

contains schedules of water quallt’y

standonds which are applicable

throughout toe State as

designated

in Pert

35

Ill.

Ado.

Code

303.

Site specific

water quality standards

are

found

with

the

water

use

designations

in Pa~ 35

Ill.

Adrr.

Code

303.

b)

Subpart B contains general use water quality standards

which must be met

in waters

of the State

for which there

is no specific designation (See~e~35

Ill. Adm.

Code

303.201)

c)

Subpart

C contains the public and food processing water

supply standards.

These are cumulative with Subpart

B

and must

be met

by all designated waters

at the point

at

which water

is drawn

for treatment and distribution as

a

potable supply or for

food processing (See~~n35

Ill.

Adm. Code 303.202).

d)

Subpart

D contains the secondary contact and indigenous

aquat.ic life standards.

These standards must be met

only by certain waters designated

in Seet+e~ 35

1l.

Adm.

Code 303.204 and 303.441.

e)

Subpart

E contains the Lake Michigan water quality

standards.

These are cumulative with the Subpart

B and

C standards and must

be

met

by the waters

of Lake

Michigan and such other waters

as may

be designated

in

Pa~ 35 Ill Adm.

Code 303

(Seetiet’~ 35

Ill.

Adm.

Code

303.443).

106-209

---

—12—

~J

Subpart

F contains the procedures

for determining each

of

the criteria designated

in Section 302.210.

f~j Unless the contrary

is clearly indicated,

all references

to “Parts”

or

“Sections” are

to

Ill. Adm. Code, Title

35: Environmental Protection.

For example,

“Part 309”

is

35

Ill.

Adm.

Code

309,

and “Section 309.101”

is

35

Ill. Adm.

Code 309.101.

(Source:

Amended at

_________

Ill.

Peg.

effective

_____________________

Section

302.102

Allowed Mixing, Mixing Zones and ZIDs

a)

‘~rt the app

eatiort of th~

e

ptery wWhenever

a water

quality

standard

is

more

restrictive

than

its

corresponding

effluent

standard,

or

where

there

is no

corresponding

effluent

standard

specified

at

35

Ill.

Adrn.

Code

304,

then

an opportunity shall be allowed

for

the compliance

with

35

Ill.

Adm.

Code

304.105

by

mixture

of

an

effluent

with

its

receiving waters,

provided the

discharger

has made every effort

to comply with the

requirements

of

35

Ill.

Adm.

Code

304.102.

Water

a~ty

andarda

r~w~tbe

~et

at

every

po4nt

otite~deof

the m~x~rtg~er’teT The aize of the m~~ngtone eannot be

~rm3y

preaer~bed7

The govern~rtgp

ne~p~e

i-a that

the

prop

rt4on

of

arty

body

of water or

ae~ment

thereof

w~th~rt

m~xin~~orte~

mtiat

be

e~titte a~~ta~

~f the water

a~ty

darda are to have

arty men~rt~-~-

This

pr~rte~p+eaha+±be app1~edon

a eaae—by—eaae ba~a to

ertatit’e

that rte~ther

arty

~nd~vth~a~

so~ree

ner the

aggre~ate of ao~ree~aha~ eat~see~ee~a~rve

ronea to

exeeed the

andarda--

The water q~a~tyatandarda

~ti~t

be

~.et

~n

the

b~k

of

the

body

of

water-1

and

no

body

of

water

~ay

be

~aed

tote~y a~a ~-i-n~

tone for a

o~tfa~

or

eo~b’~nar+onof

ofa~1~--

Moreover-i

except

aa

otherw~’ae

prov4ded +n th~ 8hapter

no ~n~e

~x~rtg

aha~ e~eeed the area

of

a

e~-re~ewi-th

a

rad~-ua of

m

-(-688

feet’)-T

S~rtg~e~ottreea of eff~t~ent~

wh~eh

have t~orethan one otitfa~ eha~ be ~r~+ted

to a

m~’x4n~area

no ‘arger than that a~owabI~e~f a s-~n~+e

otttfa~+

were

~ed--

h)

-~n deterr~±rt~m~

the

~+~e

of

the

xirt~

rorie

for

arty

d~eharge7 the fo1~ow~ngrt~tbe eorte4dered~

The

portion, volume and area of any receiving waters within

which mixing

is allowed pursuant

to subection

(a)

shall

be

limited

by

the

following:

1)

The character of the body of

water-iMixing must be

confined

in

an

area

or volume of

the receiving

water

no larger

than

the

area

or

volume

which

would

result

after

incorporation

of

outfall

design

measures

to

attain

optimal

mixing

efficiency

of

106—210

---

-13—

effluent

and

rec

1c~~a

‘cs,

S~~cL

rreasl,le:

may

include,

but are

no~. liorteE

:o,Ths~

o~tfiuser~

ancen9Lnee.

cc

~ocar~on

a~c

~chareoints,

2)

the

ore~ent

artE

anrfetpe~eo

~

~e

t~e

bo~

of

w

er7M1x~_~~not_ailcwto

‘

-~ters~,-:h

inciudeatrioutary

stream_unrr.

ce

:2

~u~’ ~

occluues

the

tOQ~~~~uL

~

~

tn~movement

or aqua:~c1If~

in

ot

_________

tributs:--

3)

the

pre~ertr

arts artrtetpated wat~~

~t~’y

ef the

body of ~

adjacent

to

~

am

ip

sc~

dcceaceE

or

~

~lli:c 0Less

ar~

-

4)

mc e~ cot of

mr.e ct~enarqeen

the

pre~enmand

water

a14ry7~ixin~isnot

allowed

in waters containing mussel bede,

~~~ered

species habitat, ~sh

s~avoin

areas,

~

life hah:tat,

or an:

other natural

feat- res vital

to the

well

beino

of

~

life

in

sucna

manner

that the maintenance

of aquatic life

in the bc~ of

water

as

a

whole

would

be

adversely affected.

5)

the

df~etfen

rat+07 artdMixin~is not allowed in

waters which contain intake structures o~p~ic~p

~proce’ssi~warers~pp~,ies,

points

of

withdrawal

of water

for irrication,

or watering

areas

accessed

by

wild

or domestic animals.

6)

the rtat~re

of

the

eontarnfnant7~

must allow

for

a reasonable

zone of passage

for aquatic life

in

which water quality standards are met.

21

The area and volume

in which mixing occurs,

alone

or

in combination with other areas and volumes of

mixing,

oust not

in

sect

an-area

or volume of

~bod~,of

water

it such

a

manner

that

the

maintenance

of

aquatic

life

in the body of water as

a

whole

would

be

adversely

affected.

8)

The area and volume

in which mixing occurs,

alone

or

in combination with other areas

arid volumes

of

mixing, must not contain more

than 25

of

the

cross—sectional area

or volume of flow of

a stream

except

for

those

streams

wnere

the

dilution ratio

is less than

3:1.

Mixing

is not allowed

in

receiving

waters

which

have

a

zero

minimum

seven

day low flow which occurs once in ten years.

106--211

---

—14—

~

No

mixing

is

allowed

where

the

water

quality

standard for the constituent

is question

is already

violated

in the receiving

‘water.

~9J

No body of water may be used totally

for mixing of

a single outfall or combination of outfalls.

11)

Single

sources

of

effluents

which

have

more

than

one

outfall

shall

be

limited

to

a

total

area

and

volume

of mixing no larger than that allowable

if a

single outfall were used.

12)

The area and volume

in which mixing occurs must be

as small

as

is practicable under

the limitations

prescribed

in this subsection, and

in

no

circumstances may the mixing encompass

a surface

area

larger

than

26

acres.

c)

~n add+tfort to the above-i the m~xfngzone ~ha+~

be ae

deef~neda~to ae~ttrea rea3onable

zone of paaeage

for

eqtiatfc ~fe

fn whfch the water

qttai-fty atandards are

met-~ The ~fxfng

zone eha~ not fnter5ect

arty area of

arty ~tichwaters

frt

atteh

a

rzartner that the rnafntenance of

a~ttat4e~ffe

~rt

the

body

of

water

aa

a

who’e wott~d

be

•adverae3y affected-i nor aha+~arty mfxfng zone eertta~n

r~torethan ~S* of the eroaa—aeetfena~-area or vo~t~~e

of

f’ow of

a stream except for thoae atrea~ewhere

the

d4~titfonratfo

fe 3zee~than 3~--All water quality

standards of

this Part must be met

at every point

outside

of

the

area

and

volume

of

the

receiving

water

within which mixing

is allowed.

The acute

toxicity

standards of Sections 302.208 and 302.210 must

be met

within the area and volume within which mixing

is

allowed,

except

as

provided

in

subsection

Ce).

d)

Pursuant

to

the

procedures

of

Section

39

of

the

Act

and

35

Ill.

Ado.

Code

309,

a person may apply

to the Agency

to

include

as

a

condition

in an NPDES permit formal

definition

of the area and volume

of the waters

of

the

State

within

which

mixing

is

allowed

for

the

NPDES

discharge

in

question.

Such

formally

defined

area

and

volume

of

allowed

mixing

shall

constitute

a

“mixing

zone”

for

the

purposes

of

35

Ill.

Ado.

Code:

Subtitle

C.

Upon proof

by the applicant that

a proposed miXing,

zone conforms with the requirements

of

Section

39

of

the

~ct,

this Section and any additional

limitations

as may

be imposed

by

the Clean Water Act

(CWA)

(33 U.S.C

1251

et seq.),

the Act or Board regulations,

the Agency

shall,

pursuant

to

Section

39(b)

of

the

Act,

include

within

the

NPDES

permit

a

condition

defining

the mixing

zone.

e)

Pursuant

to

the

procedures

of

Section

39

of

the

Act

and

35

Ill.

Adm.

Code

309,

a person may apply to the Agency

10(’,—212

---

—‘5—

to

include

as

a condition

in an NPDES_permit

a ZID

as

a

~~onent

portion

of

a

mixin,9zon~.

Such

ZIt; shall,

at

a minimurr,

be

lirnited

to waters

within

which effluent

dispersion

is

immedir te and rap~.d.

f’o

the purooses

cf

this subsection,

“iitmediate” dis2ersion means

art

eff1uent~~gng

‘‘~rece~.:nc

~c:t~-rE

cure_al

in

rime af~e~_ts dr:

~a~ge and

~i~nir~~

of

the

end of the discL:r~

e, an”ran.

,disuer:l::

means an effluent’s

qu.::k mer~na with

tee

voters

so as

to minirn~zethe

enqth

of exoosure

me

of acuaruc

,ife

to unc_ruted ef~

e~t

upc

pr~t

vj

tne_~pp_~a

that

a proposed Zinc

rmirn~er~cu1re-’-e~:~

I

Section

39

of the Ac:

od this Section,__the Agency

shall, pursuant toSs

ion

39(b)

of

the Act,

include

within

the

~PD

permitt,a

condition defining,

the

Z12.

f)

Pursuant

to Section

33

of the Act and

35

ill.

Acm..

Ccdv

309.

103,

an

aoplicaot

for an_NPDES permit

shall

submit

date

toaiict.~i

t~_A:-todetero:netra:theuaLure:

any m~xino zone

or wi’ing zone incomsi

io-~~t

a

Z_~

conforms

::‘ih

the requirements of t’ec:icn39 oft_a

Act

and of

this Section._mitteemsyappealAg~ncy

determinations concerning

a

mixipg,_

zone

or ZID pursuant

to the procedures of Section

40

of the Act and

35

Ill.

Ado.

Code 309.181.

gj

Where a mixing zone

is defined

in an NPDES permit,

the

waters within that mixing

zone,

for the duration

of

that

NPDES permit,

shall constitute the sole waters within

which mixing

is allowed

for the permitted discharge.

It

shall

not

be

a defense

in any action brought pursuant

to

35

Ill. Ado. Code 304.105

that

the area and volume of

waters within which mixing may

be allowed pursuant to

subsection

(b)

is less

restrictive

than the area

or

volume

or waters encompassed

in

the mixing

zone.

h)

Where

a mixing zone

is explicitly denied

in a NPDES

~rmit,

no waters nay be used for mixing

by

the

discharge

to

which the NPDES permit applies,

all other

provisions of this Section notwithstanding.

i)

Where an NPDES permit

is silent on the matter

of a

mixing

zone,

or where no NPDES permit

is

in effect,

the

burden

of proof

shall be on

the discharger

to

demonstrate compliance with this Section

in any action

brought pursuant

to

35

Ill. Adm.

Code 304.105.

(Source:

Amended at

_________

Ill. Req.

_____

effective

_____________________

Section

302.103

Stream

Flows

Except

as otherwise provided

in this Chapter w4th

reapeet to

te~perat~re,the water quality standards

in this Part shall apply

106—213

---

—16—

at all times except during periods when flows are less than the

average minimum seven day low flow which occurs once

in ten

years.

(Source:

Amended at

_________

Ill. Reg.

_____

effective

____________________

)

SUBPART

8:

GENERAL

USE

WATER

QUALITY

STANDARDS

Section

302.203

~nnatttral SledgeOffensive Conditions

Waters of the State shall

be free from ~rtrtat~relsludge or bottom

deposits,

floating debris,

visible oil,

odor,

~nnathral

plant

or

algal growth,

~nrtat~ra± color or

turbidity of other

than natural

origin.-ror matter

of other than nateral erfgfn ~n eoneerttramfona

or combInatIons tex+c or harmftt± to heman-r plant

or eqeatfo

+Ife--

The allowed mixing provisions

of

Section 302.102 shall

not

be used to comply with the provisions

of

this

Section.

(Source:

Amended

at

_________

Ill. Peg.

_____

effective

_______________________

Section 302.208

Numeric Standards

for Chemical Constituents

The

followIng

levels

of chemIcal conetfteents shall

not be

exeeededi-

STORE9

EON9ENTR~T~~N

~ON5TlTUENT

N~iMBER

-_____________

~rsenIe

-(-total’)-

8i98~

170

Barfem

ttoma±’t

010O~

Boron

-?tota+-)’

8l8~

EadmI~

-total’)-

8l8~

Ehlor-fde

90940

588--

EhremI’~m-(-total hexavalenm-)’

8l8S~

9785

EhremI~m -motal tr-fvalent~

0+800

+78

eopper

-(-total-)’

8194~

Eyanlde

B8~-28

878~5

FlttorIde

88951

Iron

ftotal-)’

8+845

178

bead

‘(-total’)’

9185+

Manganese -(-total~

8+055

Merenry

-total)’

~1980

878885

NIckel

‘(-total-)’

81B6~

+r8

Phenols

07+

Se+en+ttm

‘(-total’)’

0++4~

SIlver

‘(-tota+~

918~

07085

Sulfate

80945

588;’

lotal DI~so1vedSolIds

~0380

±8887

B-+89~

a)

The

acute

standard

(AS)

for

the

chemical

constituents

listed

in subsection

(d)

shall

not be exceeded

at any

I

06—21-”~

---

—17—

time

except

as

prcmided

in subsection

(c).

h~

The chron:c standard

(CS)

for

t.n?: chemical const;itu:enos

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,

exoerl

a~_,pp~..dedin subsection

(c).

The samples usec

t:

demonstrate compliance or

lack

of compliance witi-sCE

must

be collected

in

a rr~~nnerwhich assures

an averace

representative of the sampling period.

c.)

In waters where mixing

is allowed pursuant

to

Sect::.:

302.102,

the

following

apply:

1)

The AS shall not

he

exceeded

in

any

waters

except

for

those waters for whicn the

A3ency

has

aporoved

a ZIt pursuant to Section

:i02.l02~

2)

The CS shall

not

be exceeded outside of

waters:

in

which mixing

:s allowed pursuant

to Section

302.102.

d)

Constituent

STORET

Number

AS

(ug/l)

CS

g~’~’

Cadmium

(total)

Lead

(total)

01051

expA

+

Bln(H),

but not

to exceed

100 ug/l,

where

A

=

—1.460 and

Not

Applied

Arsenic

(total)

190

+

Bln(H),

A

=

—3.490

=

0.7852

expA

where

and B

01002

360

01027

~p~A

+

Bln(H),

but

not

to

exceed

50

ug,1, where

A

=

—2.918

and

B

=

1.128

01032

16

01033

expA

+

Bln(H),

where

A

3.68$

and

B

=

0.8190

01042

expiA

+

Bln(H),

where A

—1.464

and

B

=

0.9422

00718

22

Chromium

(total

hexavalent)

Chromium

(total)

trivalent)

Copper

(total)

Cyanide

11

expA

+

Bln(H),

where A

=

1.561

and B

=

0.8190

expA

where A

=

—1.465

and B

=

0.8545

-

I-

106 215

---

—18—

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

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/11

mg/L

mg/L

mg/L

01007

01022

00940

00951

5.0

1.0

500.

1.4

Boron

(total)

Chloride

(total)

Fluoride

Manganese

(total)

mg/L

~gjL

~

mg/L

ug/L

mg/L

mg,’L

01055

01067

32730

01147

01077

00945

70300

1.0

1.0

0.1

1.0

5.0

500.

1000.

Nickel

(total)

Phenols

Selenium

(total)

Silver

(total)

Sulfate

Total Dissolved

Solids

Zinc (total)

where:

mg/L

mg/L

=

milligram

01092

per liter

1.0

ug,’L

=

microgram per liter

(Source:

Amended

at

_________

Ill.

Peg.

_____

effective

_____________________

Section 302.210

Substances ToxIc to ~quatIc

bIfe Other Toxic

S

U 3 St

anoes

~rty

substance

toxIc

to

aquatIc

lIfe

shall

not

exceed

ene—tenth

of

the

96—hour

medIan

tolerance

llnlr

‘96—hrT

Tbm~ for

natIve

fIsh

or

essentIal

FIsh

food

organIsms-i

except

~er

Waters

of

the State shall

be free from any substances

or

10(~—2

I

---

—19—

comhtnataon

of

substances

in

concentrations

toxic

or

harmful

to

human

healt:n,

or

no

animal,

plant

or

acuatic

life.

:ndAvidual

chersica~.

substances

or

parameters.

for which numeric stanoaros are

specified

in this Subpart are not subject

to this

Section-

a)

Any

substance

or

coinbinarior~

of

substances

shall

oe

deemed

to

be

toxic or harmful

to

aquatic

life

if

present

in

concentrarrons

that

exceed

toe

followinc-

~

At

Acute

A~4.trc

Toxicity

Criterion

.AAICJ

-;~:~

der)ved

and

correctly

applied

pursuant

p~cedures

set

fornri

Sections

332.

612

thrcugn

302.618

or

in Sectio: 302.~2l; or

2)

A

Chronic

Acuatic

Toxicitr~

Cr~tenion

(CATC)

validly

derived

and

correctly

applied

pursuant

to

proceaures

set

f:,th

in

Secr:onn

302.627

or

b)

Any

Eubstance

or

combination

of

substances

shall

be

deemed

to

be

toxic

or

harmful

to

wild

or

domestic

aninal

life

if

~reseot

in

concentrations

-tat

exceed

any

Wild

and

Domestic

Animal

Prctection

Criterion

(WDAPC)

validly

derived

and

correctly

applied

pursuant

to

Section

302.633.

c)

Any

substance

or

combination

of

substances

shall

be

deemed

to

‘me

toxic

or

harmful

to

human

health

if

present

in

concentrations

that

exceed

criteria,

validly

derived

and correctly applied, based on either

of

the followina:

1)

Disease

or

functional

itnpai.rment

due

to

a

physiological

mechanism

for

which

there

is

a

threshold

dose

below

which

no

damage

occurs

calculated

pursuant

to

Sections

302.642

through

302.648

(Human

Threshold

Criterion);

or

2)

Disease

or

functional

impairment

due

to

a

physiological mechanism

for

which

ann

dose

may

cause

some

risk of damage calculated pursuant to

Sections

302.651

through

302.6.58

(Human

Nonthreshoid

Criterion).

d)

The

most

stringent

criterion

of

subsections

(a),

(b),

and

(c)

shall apply at all points outside of

any

waters

within

which

mixing

is

allowed

pursuant

to

Section

302.102.

In addition,

the AATC derived pursuant

to

subsection

(a)(l)

shall

apply

in

all

waters

except

that

it

shall

not

apply

within

a ZID that

is prescribed

in

accordance

with

Soctior:

302.102.

e)

The

procedures

of

Subpart

F

set

forth

minimum

data

requirements,

appropriate

test

protocols and data

assessment methods

for establishing criteria pursuant to

106—217

---

—20—

subsections

(a),

(b),

and

(c).

No other procedures may

be used to establish such criteria unless approved by

the Board

in

a rulemaking or adjusted standards

ppoceeding

pursuant.

to

Title

VII

of

the

Act.

The

validity

and

applicability

of

the

Subpart

F

procedures

may

not

be

challenged

in

any

proceeding

brought pursuant

to Titles VIII or X of the Act, although the validity

and correctness

c-f ap~Lcation of

the numeric criteria

derived pursuant

to Subpart

F

may

be challenged

in ~

proceedings pursuant

to subsection

(f).

~j

1)

A permittee may challenge the

validity

and

correctness

of application of

a criterion derived

~y the Agency pursuant

to this Section only at

the

time such criterion

is first applied

in an NPDES

permit pursuant

to

35

Ill.

Adm. Code 309.152

or

in

an action pursuant

to Title VIli

of

the Act for

violation of

the toxicity water quality standard.

Failure of

a person

to challenge

the validity

of a

criterion at the time

of

its first application

shall constitute

a waiver of such challenge

in any

subsequent

proceeding

involving

application

of

the

criterion

to

that

person.

~J

Consistent

with subsection

(f)(l),

if

a criterion

is included as~ or

is used

to derive,

a condition

of

an

NPDES

discharge

permit,

a

permittee

may

challenge the criterion

in

a permit appeal pursuant

to Section

40 of the Act and

35

Ill.

Adm.

Code

309.181.

In any such action,

the Agency shall

include

in -the record all information upon which

it

has relied in developing and applying the

criterion, whether such information was developed

by the Agency or submitted by the Petitioner.

THE

BURDEN OF PROOF SHALL BE ON THE PETITIONER TO

DEMONSTRATE THAT THE CRITERION-BASED CONDITION

IS

NOT NECESSARY TO ACCOMPLISH THE PURPOSES OF

SUBSECTION

(a)

(Section 40(a)(1)

of the Act),

but

there

is no presumption

in favor of the general

validity

and

correctness

of

the

application

of

the

criterion as

reflected

in the

challenged

condition.

3)

Consistent with subsection

(f)(l),

in an action

where alleged violation of

the toxicity water

quality

standard

is

based

on

alleged

excursion

of

a

criterion,

the

person

bringing

such

action

shall

have

the

burdens

of

going

forward

with

proof

and

of

persuasion regarding

the general validity and

correctness of application of the criterion.

~j

Subsections

(a) through

(e)

do not apply to USEPA

registered pesticides approved for aquatic application

and applied pursuant

to the following conditions:

106--218

---

—21-

al)

Application

shall

be made

in strict accordance with

label

direcnions~

b2)

Applicator

shall

be

properly certified under

the

provisions

of

the

Federal

Insecticide,

Funqicide~

and Rodenticide Act

(7

U.S.C.

liS

et

scsi.

(1972));

e:~ Applications

of

aquatic pesticides must

me

cc

accorcancE:~ witri

toe

iaws,

reaulat

ions

and

auidel:nes

of

all

State

and

ieaerai

aqencies

authurizeé

ny

law

to

reo:~are~

use

or

superviSe

pesticide

aPplications,

amona

wnich

ar~

I:

the IllInoIs Ba~arrment

ot

~qrIeu±rure

and

the

IllInoIs Beparrment

of PublIc Health pursuant

to

+1±7

Rev-~

StSt7

+919

ch--

5

parer

~56

threu~h

~61-~

and

the Department

of Enerav ace Natural Resources

nursuant to Section

3

of

‘AN ACT

lit

relatton

to

natural

reso~’)es,

researcn,

data

colieet~on

and

environmental studies’,

Ill.

Rev.

Stat. 195~987ch.

96

1/2,

par.

74)3.

dl)

No

aquatic pesticide

shall

be applied to waters

affecting

public

or

food

processing

water

supplies

unless

a

permit

to

apply

the pesticide has been

obta~ned

from

the Agency.

All permits shall be

issued

so

as

not

to

cause

a

violation

of

the

Act

or

of

any

of

the

Board’s

rules

or

regulations.

To

aid

applicators

in

determining

the:r

responsibilities

under

this

subsection,

a

list

of

waters

affecting

public

water

supplies

will

be

published

and

maintained

by

the

Agency’s

Division

of

Public

Water

Supplies.

(Source:

Amended

at

_________

Ill.

Reg.

_____

effective

____________________

10~--219

---

—22—

SUBPART

F:

PROCEDURES FOR DETERMINING

V-7TER QUAL:Ty CRITERIA

Section 302.601

Scope end App1icabil~y

Thin Subpart contain

the

procedures

for

determining

the

water

~

cr iteria set

forth

in Section

302.210(a),

(b) and

(c)

(Scu;ce:

Added at

:11.

Reg.

ci rect cue

______________________

Section

302.603

Definitions

As

used

in

tbs

Subpait,

the

following

terms

shall

have

the

meanings speo~fied.

“Bioconcentration’

means

an

increase

in

concentration

of

a~hemica1 and its metabolites

in an organism

(or

soecified

tissues

thereof)

relative

to

the

concentration

of the chemical

in the ambient. water acquired through

contact

with the water alone.

“Carcinogen”

means

a

chemica.

which

causes

an

increased

incidence

of

benign

or

malignont

necplasms,

or

a

statistically

significant

decrease

in

latency

period

between

exposure

and

onset

of

neoplasms

in

at

least

one

mammalian species or man

through

epidemiological

or

clinical

studies.

“EC—SO” means

the concentration of

a

sub- tance or

effluent

which

causes

a

given

effect

to

50

of

the

exposed organisms

in

a given time period.

“LC—50” means

the concentration of

a toxic substance or

effluent

which

is

lethal

to

50

of

the

exposed

organisms

in a given time period.

“LOAEL”

or

“Lowest Observable Adverse Effect Level”

means

the

lowest

tested

concentration

of

a

chemical

or

subetance which produces

a statistically significant

inc:ease in frequ coy or severity of non—overt adverse

effects

between the exposed population and its

appropriate

control.

“MATC”

or “Maximum Acceptable Toxicant Concentration”

means

the

value

obtained

by

calculating

the

geometric

mean

of

the lower and upper

chronic limits

from a

chronic

test.

A lower

chronic limit

is the highest

tested concentration u~ oh did cot

cause the

occurrence

of a specified adverse effect.

An upper chronic limit

is the lowest tested concentration which did cause

the

occurrence of

a specified adverse effect and above which

all tested concentrations caused such an occurrence.

106-~220

---

—23—

‘~NOAEL

or

‘No

Cuservable Adverse

ftect Level” means

the

higtesc

tectec,:000encration

of

a

chemical.

or

substance

vnici

coes

not oro

~ce a statistIcally

signif roast

increase

in

~

iron—

overt afverse effects between

the exposed population

and

its appropriate ccncro~..

“Res:de:r

cc

Thdcge:cus Spe~es’ rceans species

--;hicn

curres~.~llve

a

substantial

portion

of

their

lifecycie

or

reprocuce

to.

a

grven

moor

or

water,

or

onion

are

native spec:es

chose histor:cal

range

includes

a given

body of caner.

(Source:

Adterj

at.

Ill.

Pea.

effective

___________________

Section

302.60

Matnematical

Abbreviations

The

followina

mathematical

abbreviations

have

been

used

in

this

Subpart:

exp x

base

of

the

natural

logarithm,

e,

raised

to

x-

pow

~

ln

x

natural

logarithm of

x

log

x

logarithm

to

the

base

10

of

x

A**B

A

raised

to

the

B—power

SUM(x)

surmnation

of

the

values

of

x

(Source:

Added at

:11. Reg.

effective

____________________

Section 302.606

Data Requirements

The

Agency

shall

review,

for

validity,

applicability

and

completeness,

data used in calculatin; criteria.

To the extent

available,

and

to

the

extent

not

otherwise

specified,

testing

procedures,

selection

of test species and

other

aspects

of

data

acquisition

must

he

according

to

methods

published

by

USEPA

or

nationally recognized standards organizations,

including

but not

limited

to chose methods

found

in “Standard Methods”,

incorporated

by

reference

in

35

Ill.

Adn.

Code

301.106,

or

approved

by

the

American

Society

for

Testing

and

Materials

as

incorporated

by reference

in

35

Ill.

Adm.

Code 301.106.

(Source:

Added

at

Ill. Reg.

_____

effective

______________________

)

Section

302.612

Determining

the Acute Aquatic T.oxicity

Criterion

for an

Individual Substance

—

General Procedures

a)

A chemical specific Acute Aquatic Toxicity Criterion

(AATC)

is calculated using procedures specified

in

10~S-221

---

—24—

Sections

302.625

and

302,6~l

if

acute

toxicity

data

are

available

for

at

least

five

~.5)

resident

or

indigenous.

species

from tive

(5) different North American genera of

freshwater organisms including representatives

of

the

following taxa:

1)

Representatives

of

two families in

the Class

Osteichnhves__(Bonn Fisher

2)

The

fam~c

Daor~ccd~,~

3)

A_Den:nrc_a.... iacrc nacrcto,verzecrate

4)

P. vascular aQuatic oil~nt or

a third family

in the

Phylum Chordais whrcri

may

be

from

tire

Clas:

OsteIchthue::

b)

If data are not available

icr resident

c’

coo.

nou~.

~p~cies,

data

for

non—resident

spec

es

rr.a7~br used

if

the non—resident

species

is

cS the

sane

_________

and has a similar habitat and environmental

tolerance.

The orocedures of Section

302.615 must be used to obtain

anAATC

for

individual substances whose toxicity

is

unaffectec by ambient water quacrty characterrstics.

The procedures oS Section

002.61.8 must

be used

if the

toxicity

of

a substance

is dependent upon some other

water quality characteristic.

c)

If data are not available that meet the requirements

of

subsection

(a),

an

A.ATC

is calculated by obtaining

at

1ea~toneS EC-50 or LC—50 value from both

a daphnid

species and either

fa cead minnow or

bluegill.

If

there

are data available for any other North American

freshwater species,

they must also be included.

An AATC

is

calculated

by

dividing

th~

lowest

Species

Mean

Acute

Value

(SMAV),

as determined according

to Section

302.615,

by

10.

(Source:

Added at

Ill.

Reg.

effective

______________________

Section 302.615

Determining the Acute Aquatic Toxicity

Criterion

—

Toxicity Independent

of Water

Chemistry

If the acute toxicity

of

the

chemical

has

not

been

shown

to be

related to

a water quality characteristic,

including

but not

limited to, hardness,

pH,

temperature,

etc.,

the AATC

is

calculated by using the procedures

below.

~j

For each species

for which more than one acute value

is

available,

the Species Mean Acute Value

(SMAV)

is

calculated

as

the geometric mean of

the acute values

from all tests.

106—222

---

—25—

b)

For each genus

fcr whico one or more SMi~Vsare

available,

the Genus Mean Acute Value

(GMAV

is

calculated as the geometric mean

of the SMAVs available

for

the genus.

c)

The GMAVs are ordered from high

to

low.

d)

Ranks

(R) are assigned to toe GMAVs from

“l”fcr

the

lowest

to

“N” for

the highest,

If

t:--;’c

or

more

G~A~sare

identical,

s.coessive

ranKs are arbitrarily assigned.

e)

The cumulative probability,

F,

is calculated

for each

GMAV as P/(N

+

1).

f)

The GMAV5

to

be used

in the calcrLations

of subsuccion

(g) must

be those with

currt.lativ

probabilities

:cser~.

to

0. Ui.

IS

there are

less

tires

tO

GMAVr:

in

ncr

total

data

set,

toe values

utiirze.o must

be

nrie~owenr.

obtained

through

the

ranking

prc

:edur

es

cf

subsect

cons

(c)

and

(d).

“T”

is

the number

cf

GMAV’s

which

are

to

be

used

in the calculations

of subsection

(c).

T

is

equal

to

4

when

the

data

set

includes

at

least

one

representative

from each

of

toe i~ivetaxa

in Section

302.612 and a representative

front each

of the

three taxa

listed below.

T

is equal

to

3

when

the data includes

at

least one

representative

front

each

of

the

five

taxa

in

Section

302.612 and from one or

two of the taxa listed

below.

T

is ecual

to

2 when the data set meets the

minimum requirements

of Section

302.612

but. does not

include representatives from an~~

of

the three taxa

listed below.

When toxicity data

on any of

the three

taxa listed below are available,

they must be used along

with the minimum data recuired pursuant

to Section

302.612.

I)

A

benthic

crustacean,

unless

such

was

used

pursuant

to Section 302.612(a)(3),

in which case an insect

must be utilized.

A member

of

a phylum not used

in subsections

(a),

(b)

or

f(l).

3)

An

insect

from

an

order

not

already

represented.

~j

Using

the GMAVs and T—value

identified pursuant

to

subsection

(f) and

the Ps calculated pursuant

to

subsection

(e),

the Final Acute Value

(FAV)

and

the AATC

are calculated as:

S**2

=

SUM((ln

GMAV~**2)

—

((SUM(ln

GMAv))**2)/T:/stJM(p)

—

((SUM(P**0.5))**2)/T

L

=

SUM(1nGMAV)

—

S(SUM(P**0.5))/T

1I6223

---

—26—

A

=

L

+

0.2236

S

=

?

:~p

(Ai~

AATC

n)

If

a resident or

indto~enous

species necessary

to

maintain the corrtmero.ai.

reoruatlonal

or

eccloalc-to

inteonitVcfzhewc~~~-dili

not

be prot

ct~~yt.n~

calculated

FAV.

then

the £0—SC

or LC—50

for

that species

is used

at

the

F~.

-

(Source:

Added

at

Ill.

Pea.

effective

__________________

Sect.:,on 302.~Il8

Determincnn the Acute Aqua:.ic Ioxicitc

Crite

on

Toxicity Dependent on Water

Chem

to

-:

If data are available

to

sliow

thor

a relationship

ex:sts betwee-

a water quality characteristic

(WOO)

anT acute toxicity

to two

more species, an AATC can he

oal.uclate:

The best documented

relationship

is that between

the water quality characteristic,

hardness and acute toxicity

of metals.

Although this

relationship between hardness and acute toxicity

is typically

non—lines,

it can be linearized

by

a logarithmic transformation

(i.e.

for any variable,

K,

f(K)

=

logarithm of

K)

of

the

variables and plotting the logarithm of hardness against

the

logarithm of acute toxicity.

Similarly,

relationships between

acute toxici~yand

her water quality characteristics,

such as

pH

or

temperature,

:.

~y~eouire

a

transcormation,

including

no

transformation

(i.e.

for any variable,

K,

f(K)

K)

for one or

both variables

to obtain least squares linea~ regression

of the

tranformed

acute

toxicity

values

on

the

transformed values of

the

water quality charactercstic.

An AATC

is calculated

using the

following procedures.

~J

For each species

for which acute toxicity values are

available

at

two

or more different values of

the water

quality

characteristic,

a

linear

least

squares

rearession

of

the transformed acute

toxicity

(TAT)

values on the transformed water quality characteristic

(TWQC)

values ir~crformed to obtain the slope of

the

line descritcinc

the relationship.

~J

Each of

the slopes determined pursuant to subsection

(a)

is evaluated as

to whether

or not

it

is statistically

valid,

taking into account the

range and number

of

L

.~

~

~._

1

~_

,~

4.1.

----+--.,~

,-

~-

1,-~.-~-~--.-~

.~

Les~e..~~

~

~

~

~

the degree of agreement within and between species.

If

slopes are not available for at

least one fish and one

invertebrate species,

or

if

the available slopes are too

dissimilar,

or

if too few data are available to define

i06--224

---

—27—

the relationship between acute

toxicity and the

water

Quality characteristic,

then the AATC must be caicu.ated

using

the procedures

in Sectron

c02.tc5.

c)

Normalize

the TAT values for

eacri species

by subtracting

W,

the arithmetic mean of the TAT values

of

a species

from each of

the TAT values used

in the determinatro:

cf

the mean,

such

that toe ari~hmet~cmean

oi

the

normalized. TAT values

ion coon species individual.y

ti

~

of species

rs

zero

(J.T,.

d)

Normalize

tOo TWQC values br

eacn species uscng

~,

tire

mean

of the

TWQ(,

values of

a species,

in the

santo manner

as

in subection

(c)

e)

Group all the normalized data

by

treatinc

them as

if

then were from

a

si.nciiic

species and perform

a least

squres

linear

regression

of

all

rhe normalized TA

values

on

the ccrresocncirtv normalized TWQC values

to

obtajn

the pooled acute slope,

V.

f)

For each

species,

the graphical

intercept

representing

the opecies TAT interceot, f:~), at a~p~ific selected

value,

Z,

of the WQC

is

calculated using

the equation:

f(Y)

=

—

V(X

—

g(Z))

Where:

f()

is the transformation used

to convert

acute toxicity values

to TAT values;

Y

is th~:species acute toxicity intercept

or

species acute intercept;

W

is the arithmetic mean of the TAT values

as

specified

in subsection

(c);

V is the pooled acute slope as specified

in

subsection

(e);

X

is the arithmetic mean of the TWQC values

as

specified

in subsection

(d);

go

is

the transformation used

to convert

the

WQC values to TWQC values;

and

Z

is

a selected value

of

the WQC.

For each species,

determine the species acute

intercept,

Y,__by_carrying out

an inverse transformation

of

the

species TAT value,

f(Y).

For example,

in the case of

a

logarithmic transformation,

Y

=

antilogarithm of

(f(Y));

or

in the case where

no transformation

is used,

Y

=

106—225

---

—28—

f(Y)

*

~J

The Final Acute Intercept

(FAI)

is derived by using

the

~jecies

acute intercepts,

obtained

from. subce~onj~c),

in accordance with the procedures described

in Section

302.615(b)

thicuch

(g), with the word “valuc~_~lac!d

by

the word “intercept”.

Note that in~srp~edure

geometric means and natural

logarithmr

are always

‘—eu.

i)

The Acuatic Acute

lntercepn

(AA1)

is orJcrned

dividing the FAI

by

two.

jj~

The AATC

at any vauue

of

.

re WQC,

de:

ed by W~yx, is

calculated using

the terms defined

in subsection

(f) and

the equation:

~

—

g(Z);

±

_____

(Source:

Added

at

Ill. Peg.

effective

_____________________

Section 302.621

Determining the Acute Aquatic Toxicity

Criterion

—

Procedure for Combinations

of

Substances

An AATC

for any combination of substances

(including effluent

mixtures) must

be determined by the following toxicity testing

procedures:

a)

Not more than 50

of test organisms

from the most

sensitive species tested may oxhibit mortality

or

immobility after

a

48—hour

test for invertebrate

or

a

96—hour

test for fishes.

~J

Three resident or

indigenous species

of ecologically

diverse taxa must

be tested initially.

If resident

or

indigenous species

are not available for testing, non-

resident species may be used

if the ncn—resident species

is of the same family or genus and has a

similar habitat

and environmental

tolerance.

(Source:

Added at

Ill. Peg.

effective

_____________________

Section 302.627

Determining

the Chronic Aquatic Toxicity

Criterion

for an

Individual Substance

—

General Procedures

a)

A chemical-specific Chronic Aquatic Toxicity Criterion

(CAIC)

is calculated using prucedares specified

in

subsections

(b)

and

(c) when chronic toxicity data are

available for

at least

five species from five different

North

American

genera

of

freshwater

organisms,

including

representatives

from the following taxa:

106—22i

---

—29—

1)

Representatives

of two farnilier

in the

Class

Osteichrhves__!~ony_Fishes).

2)

Toe family Daphnidae.

A

oerith:c

acuatic macroinvertebrate.

4)

~n

aloe

(96—noun

test)

or

vas~ar

a ustic plant.

n~

A CA~

1.:i

de:cred

rn

toe

sante manner

as the FA~J

iS

Sections d02.615 or

302.618 by substitutina CATC for FAV

or

FAI,

cnronic for

acute, MATO

fur LC—50,

SMCV (Soecies

Mean Chronic Value)

for

SMAV,

and GMCV (Genus Mean

Chronic Vau~

for

GM.~V.

c)

Ii cata are not available

to meet the requirements of

subsectic:

~a,, a CATC

is calculated by di-ridina the FAV

tne hignest acute—chronic ratio

obtaine.T

from

an

least. one fish and one invertebrate species.

The

acute—chronic ratio

for a species equals the acute

toxictry concentration from data considered

under

Sections 302.612

through

302.618, divided

by the chronic

toxicity concentration from data calculated

under

Section 302.627 subject

to the following conditions.

1)

If the toxicity

of

a substance

is related to any

water quality parameter,

the acute—chronic ratio

must

be based

on acute

and chronic toxicity data

obtained

from. organisms

exposed to

test

water with

similar,

if not identical,

values of those water

quality parameters.

Preference under

tnis

subsection must

he given

to data from acute and

chronic tests done by the same author or

in the

same reference

in

order

to increase the likelihood

of comparable

test conditions.

2)

If the toxicity of

a substance

is unrelated

to

water quality parameters,

the acute—chronic ratio

may be derived from any acute and chronic

test on

a

species regardless

of the similarity

in values of

those

water quality parameters.

Preference

under

this

subsection must

be given

to data from acute

and chronic

tests done on the

same organisms

or

their descendants.

3)

If

there

is more than one acute—chronic ratio for

a

species,

a

geometric

mean

of

the

ratio

is

calculated,

corrected

for the relationship of

Lc~icit~to w~rerquality parameters.

4)

If

the

acute

and

chronic

toxicity

data

indicate

that

the

acute—chronic

ratio

varies

with

changes

in

water

quality

parameters,

the

acute—chronic

ratio

106-227

---

—30—

used nver~2~ifiedvalues of

the water quality

~ranieners

must

be based on the ratios

at water

~~it~’parameter

values closest

to those

~~itiec.

d)

If

acute—cn:onic

ratios

are

unavailable

for

at

least

two

North

American fr~

ar

cies,

the f~C must

he

calcu

tecgy

c~

dngr1eFL-~t

b~fact:

~f

2r

~

~n~de-

t

ind ccc

u’-

~e~le’~- cecessa~

maint~un

the

c.omntercTal,

recreational

on ecrioqicad

intecrity

cf

the wate~hod1

ci 11 not

he protecteco~

calculated CATC,

then

ne !~ATCfor that species

is use:

as

the CATO.

(Source:

Added at

IL

.

Pen.

effe

Section 3u2.6u~

Determinan~ the Cnrortoc

Aquat~c

Toxicity

Criterion

—

Procedure fur Combinations

of

Substance

A CATO

for any combination

of

subst.ances

(including effluent

mixtures)

may

be

determined

by

toxIcity

testingmrocedures

pursuant

to

the

followint:

a)

No combination of substances may exceed

concentrations

greater

than

a NOAEL as determined

for the most

sensitive

of the species

tested.

b)

Three

resident or

indigenous species

of ecologically

diverse taxa must

be

tested

initially.

If resident

or

indigenous

species

are

nor: available

for

testing,

non-

resident

species

may

be

used

if the non—resident species

is of the same

family

or genus and has

a

similar

habitat

and environmental tolerance.

(Source:

Added .at

Ill.

Peg.

_____

effective

_____________________

Section 302.633

The Wild and

Domestic

Animal

Protection

Criterion

The Wild and Domestic Animal Protection Criterion

(WDAPC)

is the

concentration of

a substance which

if not exceeded protects

Illinois wild and domestic animals from adverse effects,

such

as

functional

impairment

or pathological

lesions,

resulting from

ingestion of surface waters of

the State and from ingestion of

aquatic

organisms

taken

from

surface

waters

of

the

State.

a)

For those substances

for which a NOAEL has been derived

from studies of mammalian

or avian species exposed to

the substance via oral routes including gavage,

the

lowest NOAEL among species must be used in calculating

106--228

---

—31—

the WDAPC.

Additional considerations

in selectin~NOA~L

inc1ride

1)

,If

tire NOAEd

us

to~cJt ..mLligrarns

ci

toxicant

per

liter

of water consumed ~ng/u), prior

to

calculating the WDAPC,

the NOAEL

must

be multiplied

bv~he~dai~~veraqevolume of water consumed b~

the test

animals

u:

I_tenL~~da~_JL;oL__~nc

civ

D_tSE-a~erag

eiqn~of

‘~-eb~

a

intC~—

2)

lithe

NOAEL

te

qiver:

us milligrams

of

tqxrcant per

~lor~jnof

food consumed

(mg,’lu~), prior

to

calculatir: the WDA?C,

the NOAEL must he ‘oultipliec

~y~the

average

arour.t.

of

food

in

kilacrarns

consorted

daL~ by the test animals

(kg/d)

and divided by

urn

a

victor of

the test animals

in kilograms

(k

3)

If the animals

used

in

a study were not exposed

to

the toxicar~teach day of the test period,

the

NhAlh.

~tip~~

by

~

rat ~_g~d~js

of exposure

to the total days

in

the test

period.

4~

If more than one NOAEL

is avaidable

lur the same

animal species,

the geometric mean

of

the NOAELs

must

be used

to calculate the WDAPC.

b)

For those substances

for which

a NOAEL is not available

but the lowest observed adverse effect

level

(LO~4EL) has

been derived from studies

of animal sDecies exposed

to

the substance via oral routes including gavage,

one-tenth of the

LOAEL~

may

be substituted

for the NOAEL.

c)

The LOAEL must

be selected

in the same manner

as

that

specified

for the NOAEL

in subsection

(a).

d)

The WDAPC, mean~red in milligrams per liter

(mg/L),

is

calculated according

to the equation:

WDAPC

=

~0.l NOAEL

x Wt1/~W

±

(F

x BCF))

Where:

NOAEL

is derived from mammalian

or avian

studies

as

specified

in subsection

(a) and

(b), and

is mea~,ured

in

units of milligrams

of

substance per kilogram of body weight per day

(mg/kg—d).

Wt

=

Average weight

in kilograms

(kg)

of

the

test animals.

W

=

Average daily volume of water

in liters

106~229

---

—32—

consumed

per

day

(L/d)

by the test animals.

~~~yeraedaiiy

amount

of

food consumed by

the test animals

in kilc.gran~(k~dy

BCE’

=

Aquatic

life Bicconcentrati”n Factor

with units

of liter per kilogram ~L,/kg), as

derived

in

Sections

302. 660 thron

i

3’~2.66C

The

0.~.

rupresents

an_uncertain

taut..

account fco~pe

es

vuriabi

~

~J

It

no studies per~~nur~no

the coxuc

bubsnarrc

_____

can be

fcrnd by_the_Acenc~, no crute

ion canne

deterrr

ned.

(Source:

Ad

ed

on.

II

~e

-_____

effective

___________________

Section

302.642

The

Human

Thresriold

Criterion

The Human Threshold Criterion

(HTC)

of a.

.ibstance

is that

concentration or

level

of

a substance

at

i~hhumans are

protected from adverse

effect:s resulting trom incidentafex:, ~sure

to,

or incestion of, surface waters of_tb: State and from

ingestion of aquatic or~anisms taken

fron

surface :aters

of

the

State.

HTCs are derived

for those toxic substances

for which

there

exists

a

threshold

dosage

or

concentration

below which

no

adverse effect

or

response

is likely

to occur.

(Source:

Added at

Ill. Peg.

effective

Section

302.645

Determining

the Acceptable Daily

:ntake

The Acceptable Daily

Intake

(ADI)

is

the maximum amount

of

a

substance which,

if ingested daily for

a lifetime,

results

in no

adverse effects

to humans.

Subsections

(a)

through

(e)

list,

in

the order

of preference,

methods

for determining the acc~ptable

daily

intake.

II

For those

substances which are listed with a

maximum contaminant level

in 40 CFR 141,

f~corporatedby reference

in

35 Ill.

Adm.

Code

301.106,

or

in

35

Ill. Adm. Code

611,

the. ADI

equals the product

of multiplying the maximum

contaminant level given

in milligrams per liter

(n~g/L)by

2 liters per day

(0/U).

2)

For those substances which are listed with

a

maximum allowable concentration standard

~fl

35

Ill.

Adm.

Code:

Subtitle

F,

the acceptable daily intake

~J

The lowest

of

tho following ADI values:

106-230

---

—33—

the product

of multipiyin9 the public hea’th

enforcement_standard

fiver.

rnmilligramu_per

liter

(mq/ L)by2lite:~itersDe

da:

I’d’

b;

For those substances

for

wnicn

no observed adterse

effect level

(NOAEL-~i) for

human.t

2sedtc_tb~

substance

in

drunkinc

water

ha

~r

derived.

~

acceotabie

a.~vunna~e eq~_:

o: couct

ci

mul

~

_~

ore—~e~t

r

tr~L__~

~

mi

1ioram~

of

taxic’a:::

men

n.e.

ci

water

consumer

I.

lunera

met

lao

(L/d).

The

lowest

NCAih

:r.un’~ b’tused

in

th’

calculation

of

the

accents

e~...11y_I: .ake.

cj

For

those

substances

for

which

the

lowest

observed

adverse effect

level

(LOAEL—~.)

ton

humans

exposed

to

the

suosnance

ii: dninkina

wa-:er has

been

derived,

one—hundredtn of

the L1OAL,—:

rico

he. substituted

for

the

NOAEL—H

itt

siub~~un

uc.n

-

d)

For those substancen for

ohich

a

nc observed adverse

effect

level

(NOAEL—A)

has

hoe-: derived from studies

of

mammalian

test

species

exoosed

to

the substance via oral

rones

including

gavage.,

toe acceptable daLi

intake

equals the product ci multiplying 1/100 of

the NOAEL—A

given

in milligrams

toxic.unt

p0::

day per kilogram of

test s~ies weight

(mq/kg—d)

by the average weight

of

an adult human of

70 kilograms

(kg).

The lowest NOAEL—A

among animal species must be used

the calculation of

the acceptable daily intake.

Additional considerations

in selecting the NOAEL—A

~nclude:

1)

If the NOAEL—A

is given

in milligrams

of toxicant

per liter

of water consumed

(mq/’L)

then,

prior

to

calculating the acceptable daily intake,

the NOAEL—

A must

be multiplied

by

the daily average volume

of

water

consumed by the mammalian

test species

in

liters per day

(L/d)

and divided

by the average

weight

of the mammalian

test

species

in Kilograms

(kg).

2)

If

the

NOAEL—A

is

amen

in

milligrams

of

toxicant

~

kilocran of

foul consumed

(mo/kg), prior

to

ca~cuiat.n9 the acceptable daily intake the NOAEL-A

must

be

multiplied

by

the averace amount

in

kilograms

of

food

consumed daily by the mammalian

test species

(kg/d)

and divided

by the average

weight

of

the mammalian

test

species

in kilograms

(kg).

3)

:f

the

mammalian

test

species

were

not

exposed

to

the toxicant each day of the test period,

the

NOAEL—A must be multiplied

by the ratio of days

of

exposure

to the total days

of

the

test

period.

106—7.~1

---

—34—

4)

If more than one NOAELO-A is available for the same

mammalian

test

species, the geometric mean

of the

NOAEL-As must

be used.

,~J

For those substances

fo.

which

a NOAEL~A is not

available but the

lowest: observed adverse effect

level

(LOAEL—A)

has

been derived

from studies

cf

mammulia:.

test species exposed t:the

substance via oral

router

inc1udinq9ava~e

~:

~n~_~.L_~ie

bOAEL~

_~y_~C

substituted for

the NOAEL—A

is s.bsectic.

.d~.

.

IcE

LOAEL—~mu~

be se~~e:

n the

ama

no

Lt

as

tflc.

specified

for the NOAITh—A in

subsection

~

f)

If

no studies pertaining

to the toxic substance

in

question can be

found by

the Agency,

nccr~tenicr-.can

hr.

determined

-

(Source:

Added at

III.

Rec.

effective

___________________________

Section 302.648

Determining the Human Threshold Criterion

The HTC is calculated according

to the equation:

HTC

=

ADI/W

-~-

(F

x BCF)

Where:

HTC

=

Human health protection criterion

in milligrams

per liter

(mg/L)

Aol

=

Acceptable daily intake of

substance

in milligrams

per day

(mg/d)

as specified

in Section 302.645.

W

=

Per capita daily water consumption equal

to

2 liters

per day

(L,’d)

for surface waters

at

the point

of

intake

of

a

public

or

food

processing

water

supply,

or

equal

to

0.01 liters per day

(L/d) which represents

incidental

exposure through contact

or

ingestion of small volumes

of water while swimming

or during other

recreational

activities for areas which are determined

to be ~publi

access areas pursuant

to Section 302.2Olft)(3),

or 0.001

liters per day

(L/d)

for other General Use waters.

F

=

Assumed daily

fish consumption

in the United States

equal

to 0.020 kilograms per day

(kg/d).

BCF

=

Aquatic organism Bicconcentration Factor with

units of liter per kilogram

(L/kg)

as derived

in

Sections 302.660 through

302.666.

(Source:

Added at

ill. Reg.

_____

effective

.

)

106—232

---

—35—

Section 302.651

The Human Nonthreshold Criterion

The Human Nontriresnoid Criterion

(HNC)

of

a substance

is

that

concentrat:ion or level

of

a substance at which humans are

pronecned~rom an unreasonable

risk

of disease caused bya

nunthreshcid toxic mechanism as

a result

of incidental exposure

tc

on

ingestion

or

surface waters of

the State and from inge: tion

of~q~aticoresnisnstaken

from surface waters

of the_State.

~flluare ~cr

iveci

fur those tax ic substances

fo.:

‘.~hrohacc

enosure,

regardleso.

of extent,

carries

suite

risk

of

carnage.

Most substances

~~guIated

under

this Section cause cancer

(carc:nogtn)

or

mutations.

(mutaqen).

However, other deleterumus

effects may be

identified

it. the future.

a)

For

s~n~gJe

Eubstances-,

a ni~klevel

of one

in one

million

(1

in

1,0011,000)

shall

be allowed

(i.e,

considerud acceptable)

for

th~__p

rposes

of aeterminanion

of

an

HN..

b)

For mixtures of

substances,

an additive risk

level

of

one in one hundred thousand

(1

in luO,000)

shall

be

allowed

(i.e,

considered acceptab

)

for

the purposes

of

determination

of

an

HNC.

(Source:

Added

at

Ill.

Reg.

effective

___________________

Section 302.654

Determining

the Risk Associated Intake

The

Risk Associated Intake

(RAI)

is the maximum amount

cf

a

substance which

if

ingested daily

for a lifetime

is ~

re-suit

in the risk

of one additional

case

of human cancer

ma

pcjiulation of one million.

Where more than one carcinogenic

chemical

is present, the RAI shall

be based

on an allowed

additive risk of one additional case of cancer

in a population

of

one hundred thousand.

The RAI must be derived as specified

in

subsections

(a)

through

(c)

a)

For those substances

for which

a human epidemiologic

study has been performed,

the RAI equals the product of

the_dose_from exposure

in units

of

milligrams

toxicant

per kilogram body welght per day

(rng/kg—d)

that

results

in

a 70—year

iifet~rnecancer probability of one

in one

million,

times

the average weight

of an adult human of

70 kilo rams

(kg)

The resulting. RAI

is

expressed

in

milligrams

toxicant. per day

(mg/b).

If more than one

human epidemiologic study

is available,

the lowest

exposure level resulting

in

a 70—year

lifetime

prcbabi2ity of cancur equal

to

a

ratio

of one

in one

hundred thousand luau

be

used

in

calculating

the. P.A.

b)

Itt the absence of an epidemiologic study,

for

those

toxic substances

for which

a carcinogenic potency factor

(CPF) has been derived from studies

of mammalian test

10~-233

---

—36—

species

the risk associ: ted intake

is calculated from

the equation:

RAI

=

K/CPF

~herc.

RA1

Risk associat.eni ;Lnta~e in milligrams

per

~

~‘

a

K

A constant ccns~sn~r..~

::r3jie~..uL

-.

-

the average weight

of

an ad;it human, c.-umec

to be

70

kg, and the allowe

.

cancer risk

level

of

one

in

one

million

(l,/l.,uOO,000)

CPF

Carcinogec~cPotency Factor

is the risk

of one additional cancer

per unit dose from

exposure.

The CPF

is expressed

in

units

of

inverse milligrams

per kilogram—day

(i/mg/kg—

d

as derived

in subsections

(b)(l)

through

)

(7).

H

Only those studies which fulfill

the data

requirement

criteria

of

Section

302.606

shall

be

used

in calculating the CPF.

2)

The

linear non—threshold dose—response relationship

developed

in the same manner as

in the USEPA

document “Mutagenicity and Carcinogenicity

Assessment

of l,3—butadiene~, incorporated by

reference

in 35

Ill. Adm. Code 301.106, shall

be

used

in obtaining the unit

risk,

defined

as the

95th percentile

upper bound risk of one additional

cancer resulting from

a life time exposure

to a

unit concentration of

the substance being

considered.

The CPF shall be estimated from the

unit risk

in accordance with subsection

(b)(7).

In

calculating

a CPF,

the Acency must review alternate

scientifically

valid

protocols

if

so

requested.

~J

If

in

a study

of

a

single

species more than one

type of

tumor

is induced by exposure to the toxic

substance,

the

highest

of

the

CPFs

is used.

4)

If

two

or

more

studies

vary

in

either

species,

strain

or

sex

of

the

test

animal,

or

in

tumor

type,

the

highest

CPF

is

used.

~J

If

more than one tumor

of the same type

is found

ir

some of

the test animals,

these should

be pooled

s

that the dose response relationship

is

dose versus

number

cf tumors per animal.

The potency estimate

for

this dose response relationship

is used

if

it

is higher

than estimates resulting from other

106-234

---

methods.

6)

:f

two or more studies are identical

regarding

soecies,

strain

ar’.d

sex of the test animal,

and

tuna:

type,

the hichest of the CPFsis

used.

7)

Calculation of

an eacivalent dose between animal

—

soec~esand humans usinc

a

surface

area

ccnversron,

anc conoe:s:cr.

of

units of-exposure

to case

nr.

milligrams

of toxicant per kilogram of cccv weicnt

~er day

(inc

-~c—d) must

be performed as specified

in

the USEPA document

“Mu:aaenrcitv and

Carc:nogenrcity Assessment

of l,3—butadiene’,

inccr~crated by reference

in

35

Ill.

Adrc. Code

30.106.

c)

:f

bctn

a

nurnan epidemiolicic study and

a study of

—

mammaltan

test species

are avatiabie for use

ir.~

subsect:cns

(a) and

(b),

the

risk associated intake

is

determunel as

follows:

I)

when the human eoidemiolocic study provides

evuaence

or

a carcinogenic effect on humans,

the

HAl

iS

calcularec

from the human epiaemto~ogy

study

as

specified in subsection

(a).

2)

When the marr~r.a1ianstudy provides evidence of

a

carcinogenic effect on humans, but the human

e~ideaiologic study does not,

a cancer risk

to

humans

is assumed

and the

risk associated

intake

is

calculated

as s~ectfied ir. subsection

(b).

(Source:

Added at

:11.

Reg.

effective

________________________

Section 302.657

Determininc

the Human Nonthreshold Criternon

The

HNC

is

calculated

accordinc

to

the

equation:

HNC

=

RA~.’~

(F

x

~CF)

Where:

HNC

=

Human Nonthreshcld protection Criterion

in

nilliarams

per liter

(mc-’L).

HA:

=

Risk Associated Intake of substance

in millicrams

per

da

(mg”d)

which

is associated with

a lifetime

cancer

ris.-;

level

equal

to

a

ratic of one

cc- 1,000,000

~sderived

it. Sec~Icn3C2.65~.

=

Per ca~inadaily

.:ater consumotion

ecual

t:

2 liners

per day

(lid

fo:

surface waters_at_the_~~intcf_in~J~/e

of

a mulinc

or

food

c’rocessinc water

suoalv.

or

ecus

1’)”~235

---

0.01 liters per day

(L/d)

which represents

incider-.ta

exposure throuch contact

or incesrion of

small volumes

of water while swirr~iing or during other

recreational

activities for areas which are denermine~ to

be public

access areas pursuant

to Section 302.201(b)(3),

or

0.001

liters per day

(L,/d)

for other General

Use waters.

F

=

Assumed daily

fish consumption

in

the United States

equal

to

0.020

kilocrams per da~ (kG/b).

BCF

=

Acuatic

life E!occnoentra:ion Factor with units

of

liter

per kilogram

(L/kc)

as derived

in Section 302.663.

(Source:

Added a:

Ill.

Rec.

effective

______________________

Section 302.655

Stream Flow for Aunlicatioc.

of Human

Nonthreshold

Criterion

The

HNC

shall

apply

at.

all

times

except

during periods when

flows

are

less.

tnan

tne

harmonic

mean

flow,

as

deterrr.rr.ed by:

Qhrr.

=

N

/ SU~(1/Qi)

Where:

Qhnt

=

harmonic mean flow

N

=

number

of

daily

values

for

stream

flows

Qi

=

daily streamflow va.ue

on day

i.

(Source:

Added at

Ill.

Reg.

_____

effective

_____________________

Section

302.660

Bioconcennration

Factor

A ~ioconcentration

Factor

is used to relate substance

residue

in

aquatic organisms

to the concentration of the substance

in the

waters

in which

the orcanisms reside.

(Source:

Added at

Ill. Re~.

effective

_____________________

Section

302.663

Determination

of

Bioconcentration

Factors

A Siocoricentration Factor

equals the concentration of

a substance

in all or oart

of

an acuatic craanism

in rnillicrarrs Der kilooram

of wet tissue weiaht

(mc

rco),

c:v:cec b~the concentration

of

the

substance

in

the

Water

to

wnicn

the

o~aanism

is

ex~csed

in

of me

substance

per lire:

of water

(no

The 2inconcentra.ricn Factcr

is calculated

fron.

a

fieli

roe f:lir~:incccod.t:ons are cc-

1 1)6—

236

---

—39—

H

Data

are

available

to show that the concentration

of the substance

in the water

to which the organist.

was

exposed

remained

constant

over

the range

of

—

territory inhabited

by the organism and for

a

period of time exceeding

28 days

2)

Com~enin~mechanisms

for

removal

of the substance

from

solution did not affe~tthe bioavailability

of

the substance;

and

3)

The concentration of the substance to which

the

organism was exposed

is less

than the lowest

concentration causing any adverse effects

on the

or aan is

in.

)

In the absence of

a field—derived Bioconcentration

Factor,

the Bioconcentration Factor

is calculated

from.

a

laboratory test

if

the following conditions are me::

H

The Bioconc=ntration Factor was calculated

from

measured concentrations of the toxic substance

in

the test solution

2)

The laboratory test

was of sufficient duration to

have reached steady—state which

is defined as

a

less than

10 percent change

in

the calculated

Biocancentration Factor over

a 2—day period or

16

percent

of

the test duration whichever

is longer.

In the absence of

a laboratory

test which has

reached steady—state,

the Bioconcentration Factor

may be calculated

from

a laboratory test with

a

duration greater

than

28 days

if more than one

test

is available

for

the same species

of organism

3)

The concentration of the toxic substance to which

the test organism was exposed

is less

than the

lowest concentration causing any adverse effects

on

the orcanism

4)

If more than one Bioconcentration Factor

for

the

same species

is available,

the geometric mean

of

the Bicconcentration Factors

is

used;

and

5)

The Bi000ncentratior. Factor

is calculated

on

a

wet

tissue weicht basis.

A Bioconcentration Factor

calculated

usino dry tissue weigh: may

be converted

to

a wet

tissue weicht basis bypiulti~1vinc the dry

weich: bioconcentration value

by

0.1 fcrolankton

a~o o

0

2

fc- i~o~cual soeces

of

f~s~esac

invertebrates.

c)

In the abse-rocof any Bioconcentramion Fao~rrs

rrcosured

fron.

field s:ui:es

as

specified

in subsectico

~,a,_or

106-237

---

—40—

laboratory studies which have reached steady-state

as

~peo:fued

in subsection

(a),

the Bioconcentration F~c:cr

is calculated according to the equation:

log BCF

=

A

+

B

log

Kow

Where:

BCF

=

Bioconcentratio~

Factor

Row

=

The

cctancl’t.:ater partition coefficient

measured

as

specified

in

ASM

E

1147,

incorporated

by

reference

in

35

III.

Adm.

Code

301.106.

:f the Kcw

is not available

from

laboratory testing,

it may be

calculated

from

structure-activity relatronships cr avaliable

reg~essron equations.

7he constants A

=

—0.23 and B

=

0.76

shall be

used unless

a change in

the

value

Of

the

constants

is requested.

The Agency shall

honor

requests

for

changes

only

if

such

changes

are

accompanied

by

scientifically

valid supporting

data.

(Source:

Added at

Ill.

Reg.

effective

_____________________

Section 302.666

Utilizing

the Bioconcentration Factor

The Bioconcentration Factor derived

in Section 302.663

is

used

to

calculate

water quality criteria for

a substance as specified

be J ow:

a)

When

calculating

a WDAPC

as described

in Section

302.633,

the

geometric

mean of all available

steady—state whole body Bioconcentration Factors

for

fish and shellfish species which constitutes or

represents

a portion

of the diet

off

indigenous wild and

domestic

animal

species

is used.

Additional

considerations

in deriving

a Bioccncentration Factor

include:

H

An ed:ble portion Bioconcentration Factor

is

converted

to

a

whole body Bioconcentration Factor

for

a fish

or

shellfish soecies

by multio.yinc tne

eorb~eportion Bioconcentrat~on Factor by the ratio

of

the percent

lipid

in the whole body

to the

percent

lipid

in the edible portion of

the sane

species.

2)

A Efoconcentration Factor

calculated as described

—

it. Section 302.~6~r~ :s

converted

to

a ~..-nlie

cci-.’

Eroccnoen:rsr:o

Factor

ov

multiolvin:

the

11)6-23~

---

‘1~

calculated Bioconcentration Factor

by the ratio

off

the percent

lipid

in the whole body to

7.6.

b)

~nen

calculattnc erther

a human threshold criterion or

a

human

nonthreshold

criterion

as

described

in

Sections

302.642 through 302.648 and Sections 302.651 through

302.657,

respectively,

the geometric mean of all

available edite

portion Bioconcentration Factors

for

fisn and shellfisn s~.eciescon~umedby humans

is used.

Additional considerations

in derivrnc

a

Bioconcentration

Factor

include:

1)

Edible ~crticns

include:

A)

Deccoods

——

muscle tissue.

B)

Bivalve

rr.oliuscs

——

total livina tissue.

C~

Scaef

fishes

——

boneless,

scaleless filets

—

includino s~tinexcept

for bloater

chubs

whicn

the edible portion

is the wncle

bcd-;

excludinc

head,

scales and visera.

D)

Smooth—skinned

fishes

——

boneless,

skinless

filets.

2)

A whole body Bioconcentration Factor

is converted

—

E6~ao

ediole

portion Bioconcentranion Factor

by

multiplying

the

whole

body

Bioconcentration

Factor

of

a species

by the ratio of

the percent

lipid

in

the edible nortict. to the percent

lipid

in

the

whole

body of the same species.

3)

A Bioconcentranion Factor calculated

as described

in

Section

302.663

is converted

to

an. ediole

portion Bioooncen:ration Factor by mutittlvinc

the

calculated Bioconcentration Factor

by

tne ra::o

tne percent

lipid

in the edible portion

to 7.6.

(Source:

Added at

Ill.

Reg.

effective

______________________

Section

302.669

Listing

off Derived

Criteria

a)

The Aaencv shall develop and maintain

a listina

of

tc:-:ic:tv cr:terza Dursuant

to th:s Suo~ar:.

This

list

shall

cc maae ava~~ao.~e

to the pubirc ano u~oatec

periodically

but

no

less frequently

than cuarterly,

and

shall be published

when updated

in the fl.linois

Recister-.

b)

A

criterion nublished nursuant

t: subsection

1i~

croo.osed

to

the

Board

fcc adootion as

a numer::

;tire:

106--235

---

—~u—

c)

Tne Acency shall maintain

for inspection

all information

including,

but not limited

to, assumptions,

toxicity

data and calculations

used

in the derivation

of any

toxicity criterion

listed pursuant

to subsection

(a)

until

adopted

by

the Board as

a water quality standard.

(Source:

Added at

Ill. Reg.

effective

_____________________

106-240

---

TiTLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE C:

WAER POLLUTION

CHAPTER

1:

POLLUTION CONTROL BOARD

PART

305

MONITORING AND REPORTING

Section

305.101

Preamble

305.102

Reporting Requirements

305.103

Effluent Measurement

APPENDIX A

References

to Previous Rules

AUTHORITY:

Implemenninc Section

13 and authorized by Section

27

of

the Environmental Prctectccn Act

(Ill.

Rev.

Stat.

1987,

ch.

111

~,

pars.

1013 and 1027).

SOURCE:

Filed with the Secretary

cff State January

1,

1978;

amended at

3

Ill.

Rca.

25,

p.

190,

effective June

21,

1979;

codified. at

6

ll. Rec.

7818;

amended at

8

Ill.

Reg.

1600,

effective January

18,

l984i

amended

in R88—l

at

13

Ill.

Reg.

5989, effective April

18,

1989;

amended

in R88—21(A)

at

Ill.

Rec.

,

,

effective _______________________

Section 305.102

Reporting Recuirements

a)

Every person within

this State operatina

a pretreatment

works,

treatment works,

or wastewater source shall

submit operating reports

to the Agency

at

a

frecuerLcy

to

be determined by the Acencv.

“Acency’

means

the

Illinois Environmental Protection Agency.

Such reports

shall contain information regarding the quantity of

influer.t and of effluent discharged,

of wastes bypassed

and cf combined sewer overflows;

the concentrations

of

those physical, chemical, bacteriological and

radiological parameters

which shall

be specified by the

Acenoy;

information concerning

the biological

impact

of

the discharge as specified by the Agency

and any

additional information

the Agency may reasonably

require.

This reporting requirement

for pretreatment

works shall only apply

to

those

pretreatment

works

which-~are required

to have

a pretreatment permit

or

authorization

to’ discharge pursuant

to

35

Ill.

Adm.

Code

310.

Be~e~e tex~epe:~e~!7 e~~

~ 5ee~~r~

58~t5B-~-e~tre

E~ee~We~er~et-~-et’~pear~~

wh4e~

~v

~r~e?~e~e

~

~e

t?e~e~tpt~ece~7~r~e t~he

~

~

~

e~e~e~

te

~

~

~de~ Se~~

~

ef

e~~e~-~-rne~

~

ef ~e

te~1

~1~e

f1e~.’

11)(- 3/4

---

_-2

-,

—

reee~ve~

b’~

~e

e~e~t wet~~ne~

3-)-

Be~te~e ~

et r~e~e

ef

~e

~

b~e~e~ee1

~

reee~e~by t~e

e~e~ we~k~e~r~e~e~

by

3—dey

b

ehe~e~ exygen ~

b)

Every holder

off

an NPDS

(National Pollutant Discharge

Elimination

System) permit

is required

to comply with

the monitoring, samplinc,

recor~ingand reporting

recuirements set forth

in the permit and this eChapter.

c)

Compliance witn the reporting

requirements of

35

Ill.

Adm. Code 310 satisfies this

reporting requirement.

(Source:

Amended at

_________

Ill. Req.

_____

effective

____

---

—

-~

TITLE

35 EN.’IRONMENTAL PROTECTION

SUB:ITLE C:

WATER PoLLUTION

CHAPTER

I:

POLLUTION CONTROL BOARD

PART

309

PERMITS

Preamble

NPDES Permit Recui:ed

A~plic~ti.orr

—

General

Renewal

Authority

to

Deny

NPDES

Permits

Access

to

Facilities

and

Further

Information

Distribution

of Applications

Tentative Dererninatron and Draft Permit

Public Notice

Contents

ci ?ui4ic Notice of Application

Combined Notices

Agency Action After

Corirent Period

Fact Sneets

Notice to Other Governmental Agencies

Public Hearinos

on N?DS

Permit Applications

Notice of Agency Hearinc

Agency Hearing

Agency Hearing File

Agency Action After Hearing

Terms and Conditions

of NPDES Permits

Water

Quality

Standards

and Waste Load Allocation

Effluent

L.irr.i tat ions

Federal

New

Source Standards of Performance

Duration of Permits

Authority to Establish Recording,

Reportinc,

Monitoring

and Samplinc Requirements

Authcrity

to Aoplv Entry and :nspection Recuiren.ents

Schedules

of Compliance

Authority

to’

Require Notice of Introduction of

Pollutants

into Publicly Owned Treatment Works

309.150

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

off Pollutants

(Repealed)

Authorization

to Construct

Sewage Sludge Disposal

Total Dissolved Solids Recortinc and Mcnitorinq

Appeal

off

Frna

Agency Action cn

a Perm:t A~n~icat~on

Authority

to

Modify,

Suspend

or

Revoke

Permits

Revisicoof

Schedule

of

Compliance

Permit Modifica:Lon Pursuant

to

Variance

Public

Access

to

Information

Effective Dare

SBPAR

A:

N?DES PERMITS

Sect ion

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

309 .119

309.141

309.142

309.143

309.144

309. 145

309.146

309. 147

309.148

309.149

309.151

309.152

309.153

309. 154

309.155

309.156

309.181

309.182

309.183

30. 184

30.185

309.191

1fl6--2L~3

---

—46—

Preamble

Construction

Permits

Operating Permits; New or Modified Sources

Operatinc 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

ADpl!cattons

-

Filina and Final Action by Aaency

Standards

for Issuance

Duration

cf

Permits Issued Under Subpart

B

Conditions

Appeas

from Conditions

in Permits

Permit

No Defense

Design,

Operation and Maintenance Criteria

Modification of Permits

Permit Revocation

Approval

of Federal Permits

Procedures

Effective Date

Severability

APPENDIX A

References to Previous Rules

AUTHORITY:

Implementing Sections

13 and 13.3 and authorized by

Section

27

off

the Environmental Protection Act

(Ill.

Rev.

Stat.

1987,

ch.

Ill ~

,

pars.

10.3,

1013.3 and

1027).

SOURCE:

Adopted

in P71-14,

at

3 PCB

3, Ma:cn

7,

1972;

amended

in. P73—li,

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

P73—11,

12,

at

29 PCB 477,

at

2

Ill.

Rep.

16,

p.

20, effective

April

20,

1978;

amended

in P79—13,

at

39 PCB 263,

at

4

Ill.

Peg.

34,

p.

159,

effective August

7,

1980;

amended

in P77—123,

at

41

PCB 369,

at

5 ill.

Rec.

6384,

effective May 28,

1981;

amended

in

P76—21,

at

44 ?CB 203,

at

6

Ill.

Req.

563,

effective December

24,

1981;

codified

6

Ill.

Req.

7818;

amended

in

P82—5,

10,

at

54

PCB 41.,

at

8

Ill. Req.

1612,

effective January

18,

1984;

amended

in P86—41

at

:2

III.

Req.

2495 effective January

13,

1988;

amended

in P88—I

at

13

Ill.

Rca.

5993,

effective April

18,

1989;

amended

in P88—21(A)

at

____

Ill.

Rec.

____________

effective _________________________

SU3~ARTA:

NPDES ?:RM:TS

Section 309.103

Ap~1ication

-

General

SUBPART

B:

OTHER PERMITS

Section

309.201

309.202

309.203

309.204

309.205

309.206

309.207

309.208

309.221