~o Gh~oart~

ILLINOIS POLLUTION CONTROL BOARD

April

 6, 1989

IN THE MATTER OF:

)

MISCELLANEOUS AMENDMENTS TO

)

 R88—l

35 ILL.

 ADM.

 CODE,

 SUBTITLE C:

WATER POLLUTION.

)

ADOPTED RULE.

 FINAL ORDER.

OPINION AND ORDER OF THE BOARD (by

R.

C.

 Flemal):

The Board opened this docket by Order

 of January 21,

1988

for

 the purpose of providing

 a vehicle

 for making minor

amendments

 to the Board’s rules

 and regulations.

 Today the Board

takes

 final action.

In its Request

 for Public Comment which accompanied

the

January 21,

 1988 Order,

 the Board noted:

From time

 to time the Board, as well as practitioners

before the Board, encounter aspects in the Board’s

rules and regulations which warrant correction, but

which are not of the nature

 to justify the time and

expense associated with conducting an

 individual

rulemaking

 to address each.

 The Board proposes

 today

to gather together these materials and address them

within

 a single proceeding.

 In so doing, the Board

borrows

 a page from the Illinois General Assembly,

which often addresses a group of housekeeping matters

in

 an “omnibus bill”.

In

 this sense, the instant

matter

 is meant

 to be the Board’s version of an

omnibus rulemaking.

In its Request

 for Public Comment the Board further

identified

 some examples of amendments

 it believed appropriate

for inclusion

 in this exercise,

and

 invited

(1)

 comment on the

example amendments, and

 (2) suggestions

 for and merits of

additional amendments suitable for inclusion

 in an omnibus

rulemaking

 proceeding.

 The Board

 indicated that inclusion of

a

suggested amendment within

 the eventual proposal would be based

at the minimum on

 (1) desirability of the amendment,

(2)

likelihood

 that

 the amendment will be non—contentious,

and

(3)

likelihood

 that

 the amendment will not require an Economic Impact

Statement.

 Each of ‘these criteria was selected

 to assure

 that

the omnibus ru1emakin~could proceed

 in an expeditious manner.

The January 21,

 1988 Request

 for Public Comment elicited

three comments,

 one each from the Great

 Lakes Chapter

of

the

Sierra Club, Waste Management of Illinois, mc,

 and the Illinois

Environmental Protection Agency (“Agency”).

98—123

—2—

The Board subsequently incorporated certain amendments into

a single proposal which it found

 to be consistent with the

concept of an omnibus rulemaking.

 Since

 all but one of the

proposed amendments was directed

 to the Board’s Water Pollution

Regulations, Subtitle C,

 the Board also limited the scope of this

proceeding

 to just that Subtitle.

First Notice of this proposal was adopted

 on September 8,

1988 and publication occurred at

 Illinois Register,

 Vol.

12,

Issue

41,

 October

7,

 1988,

 pp. 15815—15853.

 No comments were

filed

 in response

 to the First Notice publication.

Public hearings were held

 in Springfield on October

27,

1988

and

 in DeKaib on November

4,

 1988.

 The sole testimony given at

the two hearings was

 a brief statement by the Agency noting

its

concurrence with the proposed amendments

(R.

 at 9—10).

On December

5,

 1988 the

 Illinois Department of Energy and

Natural Resources determined that

 a formal Economic Impact Study

was not required

 in this matter,

 finding

 that the proposed

regulation has no economic impact.

 The Economic and Technical

Advisory Committee concurred

 in this determination on December

15,

 1988.

 On November

 10 and December

9,

 1988 the Department of

Commerce and Community Affairs filed documents which indicated

that there would be no economic effect on small businesses

 from

the proposed

 rulemaking.

On January

5,

 1989 the Board adopted

 the proposal

 for Second

Notice without change from the First Notice proposal.

On

March

1,

 1989,

 the Joint Committee on Administrative Rules

(“JCAR”)

 issued a certification of no objection

 to the proposed

amendments.

 However, JCAR made certain recommendations

 for minor

changes similar

 to those recommendations made by the Illinois

Administrative Code Unit

 to provide consistency for publication

of the amendments in the Illinois

 Register.

 The Board accepts

these recommended changes.

DISCUSSION OF AMENDMENTS

Section 301.200

Over time, various definitions have been added

to

 the water

pollution regulations

 in Parts other than Part

 301.

 In some

cases

 these new definitions are possibly not consistent with the

definitions presented

 in Section 301.200

et

 seq.

 This amendment

to 301.200 specifies that, should conflict arise,

 the definition

in the Part

in

 quest’ion prevails.

98—124

—3—

Section 301.260

Section 306.103 was renumbered

 to Section 306.320 at

 7 Iii.

Reg.

 5682, effective April

 19, 1983.

 This amendment acknowledges

the renumbering

in

 a form consistent with Illinois Administrative

Code Unit practice.

Section 301.365

This amendment deletes treatment works owned

 by federal

agencies from the definition of Publicly Owned Treatment Works

(“POTW”).

 As the Board noted

 in Scott

Air

 Force Base v.

 IPCB

(PCB 88—69,

 Slip Op.

at

4,

 August 10,

 1988),

 40 CFR 122.2

 (1987)

excludes federally—owned treatment works from the definition of

POTW.

 Accordingly, this amendment provides unity between the

federal definition and

 the Board’s regulations.

Section 301.430

This amendment is made

 to provide consistency between

Section 301.430 and

 the regulations of Parts

 307 and 310.

Section 302.211(f)

The relationship between British thermal units (“B.T.U.s”)

per hour and megawatts as previously expressed is

 incorrect by

a

factor of one hundred.

 That

 is, 0.5 billion B.T.U.s per

 hour is

equivalent

 to 150 megawatts, not 15,000 megawatts.

0.5 billion BTUs per hour

 is the figure present

 in the

Board’s original adoption of thermal standards

 (Ref:

 In the

Matter of:

 Thermal Standards,

 Lake ~1ichigan,R70—2,

 1 PCB 695

et

seq.;

 In the Matter

of:

 Ohio—Wabash Thermal Standards,

 R71—12,

2

PCB

 563 et

 seq.;

 and In

 the Matter of Mississippi Thermal

Standards,

 R70—l6,

 3 PCB 177

 et seq.).

 The 15,000 megawatts

figure was added as

 a supplement

 to the original BTU figure

in

1982 concurrently with codification of

 the regulations

 (which

also codified Section

 302. 211 out of former rule 203(i)).

At

that time the Board

 introduced presumably equivalent metric units

of measurement

 for the previously existing English units.

In

this case

 an error was made

 in the conversions, which the instant

amendment corrects.

Section 302.211(j)

These amendments change

the

 internal references within

the

Section

 to a form consistent with similar internal references

elsewhere within

 the Board’s regulations.

98—125

—4—

Section 302.304

This amendment substitutes

 a spelling used elsewhere within

the Board’s regulations

 for an otherwise acceptable, but not

commonly used, alternative spelling.

Section 302.504

This amendment deletes the cyanide limit identified

 in this

Section.

 The numeric value of the cyanide limit is the same as

that specified

 in the General Use

 Standards, Section 302.208.

Since

 the Lake Michigan water quality standards are cumulative

with the General Use Standards pursuant

 to Section 302.501,

inclusion of the cyanide limit within Section 302. 504

is

redundant and inconsistent with treatment afforded other water

parameters which

 have identical numerical limits

 in the General

Use and

 Lake Michigan Standards.

Section 302.507

These amendments correct a reversal

 in the captions for the

columns representing Centigrade

 and Fahrenheit temperatures.

They also correct the conversion of B.T.U.s

 to megawatts,

as

in

the amendment

 to Section 302.311(f),

 above.

Section 302.509

The rationale and nature of the amendments here are the same

as that

 in the amendment of Section 302.211(f).

 That

is,

the

correct conversion to megawatts

 is made.

Section 304.104

This amendment provides consistency of internal references,

identical

 to that

 in Section 302.211(j),

 above.

Section 304.124(e)

This amendment corrects reversed cross—references for

the

 constituents mercury and pH.

Section 304.140

Section 304.140 deals with the conditions under

 which delays

in upgrading of effluent discharges

 are allowable.

 The amendment

repeals the entirety of the Section.

 There are no facilities any

98—126

—5—

longer regulated

 under

 Section 304.140,

 and therefore deletion of

this Section does not impose hardship on any discharger

 (R. at 8—

9).

 Moreover, Section 304.140 applies

 to actions and possible

actions now entirely

 in the past,

 and therefore no longer has

practical import (Agency Comment at

3).

Section 305.102

In its January 21,

 1988 Request for Public Comment the Board

proposed to modify this Section with the purpose of eliminating

duplication and possible inconsistencies between the reporting

requirements

 found at 305.102 and

 the new reporting requirements

found

 in Part 310, as adopted by the Board

 in R86—44

 (In the

Matter of:

 Pretreatment Regulations,

 December

3,

 1987).

 In its

comment

 the Agency advised against this action,

 claiming that it

would eliminate the Agency’s authority to require reporting

 from

pretreatment works which are not subject

 to the categorical

pretreatment standards of Part 307.

 For this reason

 the Board

at

First Notice retreated

 from its earlier proposal.

 This

notwithstanding,

 the Agency recommended that the Board’s proposal

for

 adding paragraph

(c)

 to this Section be retained.

Paragraph

(c)

 indicates that reporting under Part

310

satisfies the requirements of Section 305.102.

 Its inclusion

serves

eliminate

possible

confusion

this

matter.

Section

309.281

The previous language

 in Section 309.281, which determines

the effective date of Subpart

 B, does not reference the calendar

date upon which Subpart B became effective.

 Rather, reference

is

to “the date of filing with the Secretary of

 State”

and

 to “such

time as the Agency adopts criteria

 to administer

 the permit

program”.

 Thus,

 to identify the calendar date,

an

 interested

person had

 to go outside of the regulations, which

 is an

unnecessary inconvenience.

 Accordingly,

 this Section is amended

by inclusion of the specific calendar dates in question.

98—127

—6—

ORDER

The Clerk of the Pollution Control Board

 is directed

to

submit the following adopted rule

 to the Secretary of State

for

final

notice.

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE C:

 WATER POLLUTION

CHAPTER

I:

 POLLUTION CONTROL BOARD

PART 301

INTRODUCTION

Section

301.

101

301.102

301.

103

301.

104

301.105

301.200

301

205

301.

210

301.

215

301.220

301.225

301.230

301.

235

301.240

301.245

301.250

301.255

301.260

301.

265

301.270

301.275

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

Authority

Policy

Repeals

Analytical Testing

References to Other Sections

Definitions

Ac t

Administrator

Agency

Aquatic

Life

Artificial

 Cooling Lake

Basin

Board

CWA

Calumet River System

Chicago

River

System

Combined Sewer

Combined Sewer Service Area

Construction

Dilution

Ratio

Effluent

Hearing Board

Industrial Wastes

Institute

Interstate Waters

Intrastate Waters

Land Runoff

Marine Toilet

Modification

New Source

NPDES

Other Wastes

Person

Pollutant

Popu1a~tionEquivalent

Pretreatment Works

Primary Contact

Public and Food Processing

 Water Supply

Publicly

Owned

Treatment Works

98— 128

—7—

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

Publicly Regulated Treatment Works

Sanitary

Sewer

Secondary

Contact

Sewage

Sewer

Sludge

Standard

Performance

STORET

Storm Sewer

Treatment Works

Underground Waters

Wastewater

Wastewater

 Source

Wa t erc r a ft

waters

References to Previous Rules

AUTHORITY:

 Implementing Section 13 and

 authorized by Section

27

of the Environmental 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.

 Reg.

 25, p.

 190, effective June

 21, 1979;

amended

at

5

 Ill. Reg.

 6384,

 effective May 28,

 1981; codified at

6

 Ill.

 Reg. 7818;

 amended

 in R88—l at 13

 Ill.

Reg.

_________________,

 effective _______________________

Section 301.200

 Definitions

As t~se~

 4n Except as otherwise provided within individual Parts

of this Chapter, the ~e~1ew~ng terms defined ~y in the Sections

~Q~-~O

 e~seq-j- which follow shall have

 the meanings specified.

(Source:

 Amended

 in R88—1 at

13

 Ill.

 Reg.

____________

effective _______________________

Section 301.260

 Combined Sewer Service Area

Combined Sewer Service Area:

 Means

 a specific geographical

drainage area served by

 a combined sewer system.

 Areas served by

separate sewer systems which enter

 the combined system are not

included.

 Undeveloped

 areas within

 a combined sewer service area

may be included

in

 that area

 if deemed appropriate by the Agency

pursuant to the guid,elines in 6ee~en

 &~+e~h 35 Ill.

 Adrn.

Code

 306.102.

(Source:

 Amended

 in R88—l

at

13

 Ill. Reg.

____________

effective

_______________________)

98—129

—8—

Section 301.365

 Publicly Owned Treatment Works

Publicly Owned Treatment Works:

 A treatment works owned by a

municipality, sanitary district, county or state o~~e~eta~

agency, and which treats domestic and

 industrial wastes collected

by

 a publicly owned

 or regulated sewer

 system.

 Industrial

treatment works which are publicly owned

and

 financed by bond

issues of public agencies are not included

 in this definition.

(Source:

 Amended

 in R88—1 at

13

 Ill.

 Reg.

____________

effective

_____________________

Section 301.430

 Wastewater Source

Wastewater

 Source:

 Means any equipment,

 facility, or other

source of any type whatsoever which discharges wastewater,

directly or

 indirectly +e~eep~ ~et~g~ia sewer ~f4~~at’y ~e a

~fea~me~

 wofks-),

to

 the waters of the State.

(Source:

 Amended

 in R88—1 at

13

 Ill.

 Reg.

____________

effective

__________________________)

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

302.101

Scope

and

Applicability

302.102

Mixing

Zones

302.103

Stream

Flows

302.104

Main

River

Temperatures

302.105

Nondegradation

SUBPART

GENERAL

USE

WATER

QUALITY

STANDARDS

Section

302.201

Scope

and

Applicability

302.202

 Purpose

302.203

 Unnatural Sludge

302.204

302. 205

 Phosphorus

302.206

 Dissolved Oxygen

302.207

 Radioactivity

302.208

 Chemical Constituents

302.209

 Fecal

 Coliform

98—130

—9—

Substances Toxic

 to Aquatic Life

Temperature

Ammonia Nitrogen and Un—ionized Ammonia

SUBPART C:

 PUBLIC AND FOOD PROCESSING WATER

SUPPLY STANDARDS

Section

302. 401

302.402

302.403

302.404

302.405

302.406

302.

407

302.408

302.

409

302.

410

Section

302.

501

302.502

302.503

302.

504

302.505

302.506

302.507

302.

508

302.

509

Appendix

Appendix B

Scope

 and Applicability

Purpose

Unnatural Sludge

pH

Dissolved

Oxygen

Fecal

Coliform

 (Repealed)

Chemical

Constituents

Temperature

Cyanide

Substances

Toxic

Aquatic

Life

SUBPART

LAKE

MICHIGAN

WATER

QUALITY

STANDARDS

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

Other Sources

References to Previous Rules

Sources of Codified

 Sections

AUTHORITY:

 Implementing

Section

and

authorized

Section

of the Environmental Protection Act

 (Ill.

 Rev.

 Stat.

 1987,

ch.

111 1/2,

 pars.

 1013 and

 1027).

302.

210

302.

211

302.

212

Section

302.

301

302.302

302.

303

302.304

302.305

302.306

Scope

 and Applicability

Algicide Permits

Finished

Water

Standards

Chemical

Constituents

Other Contaminants

Fecal

Coliform

SUBPART

D:

 SECONDARY CONTACT AND INDIGENOUS

AQUATIC LIFE STANDARDS

98—13 1

—10—

SOURCE:

 Filed with the Secretary of State January

1,

 1978;

amended at

 2 Ill.

 Reg.

44,

p.

 151, effective November

2,

 1978;

amended at

 3 Ill.

 Reg.

20,

p.

 95, effective May 17,

 1979;

 amended

at

 3 Ill.

 Reg.

25,

p.

 190, effective June

21,

 1979;

 codified at

6

Ill. Reg.

 7818, effective June

22,

 1982; amended at

6

 Ill. Reg.

11161, effective September

 7, 1982;

 amended at

6

 Ill.

 Reg.

 13750,

effective October

26,

 1982; amended at

8

 Ill.

 Reg.

 1629,

effective January 18,

 1984; peremptory amendments at

10

 Ill.

 Reg.

461, effective December

23,

 1985;

 amended

 in R87—27

at

 12 Ill.

Reg.

 9911, effective May 27,

 1988;

 amended

 in R85—29

at

12

 Ill.

Reg.

 12082,

 effective July 11,

 1988;

 amended

 in R88—l

 at 13 Ill.

Reg.

_____________________,

 effective ______________________

Section 302.211

 Temperature

a)

 Temperature has STORET number

 (F0)

00011

and

 (C0)

 00010.

b)

 There

 shall be no abnormal temperature changes that may

adversely affect aquatic

 life unless caused by natural

conditions.

c)

 The normal daily and seasonal

 temperature fluctuations

which existed before

 the addition of heat due

 to other

than natural causes

 shall be maintained.

d)

 The maximum temperature rise

 above natural temperatures

shall not exceed 2.8°C(50F).

e)

 In addition, the water

 temperature at representative

locations in the main river

 shall not exceed

 the maximum

limits

 in the following

 table during more than one

percent of the hours

in

 the 12—month period ending with

any month.

 Moreover,

 at no

 time shall

 the water

temperature

 at such locations exceed the maximum limits

in the following table by more than 1.7°C(30F).

oc

JAN.

16

60

 JUL.

32

90

FEB.

16

60

 AUG.

32

90

MAR.

16

60

 SEPT.

32

90

APR.

32

90

 OCT.

32

90

MAY

32

90

 NOV.

32

90

JUNE

32

90

 DEC.

16

60

f)

 The owner

 or’ operator of

 a source of heated effluent

which discharges ~

 150 megawatts

 (0.5 billion

British thermal

 units

 per hour)

 or more shall demonstrate

in

 a hearing before this Pollution Control

 Board

 (Board)

not less than 5 nor more than

 6 years after

 the eTfective

98—132

—11—

date

these

regulations

or,

the

case

new

sources,

after the commencement of operation,

that

discharges

from

that

source

have

not

caused

and

cannot

reasonably

expected

cause

significant

ecological

damage

the

receiving

waters.

such

proof

not

made

the

satisfaction

the

Board

appropriate

corrective

measures

shall

ordered

taken

within

reasonable

time

determined by the Board.

g)

 Permits

 for heated effluent discharges, whether

 issued by

the Board

 or the Illinois

Environmental Protection Agency

(Agency), shall

 be subject to revision

 in the event that

reasonable future development creates

 a need

for

reallocation

the

assimilative

capacity

the

receiving stream as defined

 in the regulation above.

h)

 The owner

 or operator of

 a source of heated

 effluent

shall

maintain

such

records

and

conduct

such

studies

the effluents from such sources and of their effects

as

may be required by the Agency or

 in any permit granted

under

 the Illinois Environmental Protection Act (Act).

Appropriate

corrective

measures

will

required

if,

upon

complaint filed

 in accordance with

 Board

 rules,

it

is

found at any time that any heated effluent causes

significant ecological damage

 to the receiving stream.

All

effluents

artificial

cooling

lake

must

comply

with the applicable provisions of the thermal water

quality standards as set forth

 in See~eft

 -2~this

Section

and

Paf~

Ill.

Adm.

Code

303,

except

when

all

of the

 following requirements are met:

1)

 All discharges

 from the artificial cooling

 lake

to

other waters of the State comply with the

applicable provisions of See~iefts3G~+~+

~tho~g~t

~~+efr

subsections

(b)

through

(e)

2)

 The heated effluent discharged

 to the artificial

cooling lake complies with all other applicable

provisions of this Chapter,

 except See~ofts

394fl~+~+

 ot~g~

3G

 ~eh-

 subsections

(b)

through

 (e).

3)

 At an adjudicative hearing

 the discharger

 shall

satisfactorily demonstrate

 to the Board

 that the

artificial cooling lake receiving the heated

efflue’nt will be environmentally acceptable,

and

within

the

 intent of the Act, including,

 hut. not

limited

to:

98—133

—12—

provision

conditions

capable

supporting

shellfish,

fish

and

wildlife,

and

recreational

uses consistent with good management practices,

and

B)

 control

 of the thermal component of the

discharger’s effluent by a

 technologically

feasible and economically reasonable method.

4)

 The required showing

 in Gee~eft~f~-~+3+

subsection

(j)(3)

 may take the form of an acceptable

final

 environmental

 impact statement or pertinent

provisions of environmental assessments

 used in the

preparation of the final

 environmental

 impact

statement,

 or may take the

 form of a

 showing

pursuant

 to Section 316(a)

 of the Clean Water

Act

(CWA)

 (33 U.S.C.

 1251 et

 seq.), which addresses the

requirements of See~ot~t3G~3+--

 subsection

(j)

(3).

adequate

showing

provided

See~e~

3~3+~

 subsection

(j)(3)

 is found,

the

 Board

shall promulgate specific thermal standards

 to be

applied

 to the discharge to that artificial cooling

Lake.

(Source:

 Amended

 in R88—l at 13

 Ill.

 Reg.

effective

____________________)

Section 302.304

 Chemical Constituents

The following levels of chemical constituents

 shall

 not be

exceeded:

STORET

CONCEN—

TRATION

CONSTITUENT

 NUMBER

 (mg/i)

Arsenic (total)

Barium

 (total)

Cadmium (total)

Chloride

Chromium

Lead

 (total)

Manganese

(total)

Nitrate—Nitrogen

Oil (hexane—soluhies or equivalent)

0.05

1.0

0.010

250.

0.05

01051

 0.05

01055

 0.15

00620

10.

00550,

00556

00560

0.1

01002

01007

01027

00940

01034

98—134

—13—

Organics

Pesticides

Chlorinated

Hydrocarbon

Insecticides

Aldrin

39330

0.001

Chlordane

39350

0.003

DDT

39370

0.05

Dieldrin

39380

0.001

Endrin

39390

0.0002

Heptachlor

39410

0.0001

Heptachior

 Epoxide

39420

 0.0001

Lindane

39782

 0.004

Methoxychior

39480

0.1

Toxaphene

39400

0.005

Organophosphate

 Insecticides

Parathion

39540

0.1

Chiorophenoxy Herbicides

2, 4—Dichlorophenoxyacetic

acid

(2,4—D)

39730

0.1

2—(2,4,5—Trichlorophenoxy)—

propionic acid (2,4,5—

Silvex)

39760

0.01

Phenols

32730

 0.001

Selenium (total)

01147

 0.01

S~pha~esSulfates

00945

 250.

Total

 Dissolved Solids

70300

 500.

(Source:

 Amended

 in R88—l at

 13 Ill.

 Reg.

effective

Section 302.504

 Chemical Constituents

The following

 levels of chemical constituents shall

 not be

exceeded:

STORET

CONCEN—

TRATION

CONSTITUENT

 NUMBER

 (mg/i)

Ammonia Nitrogen

00610

 0.02

Chloride

00940

 12.0

Sulfate

00945

 24.0

Phosphorus

 (as P)

00665

 0.007

Total Solids

 (Dissolved)

70300

 180.0

eyat~~e~e~a3-)~

 -O~S~

(Source:

 Amended

 in R88—1

at

13

 Iii. Reg.

effective

)

98—135

—14—

Section

302.507

Existing

Sources

January

1971

All

sources

heated

effluents

existence

January

1,

 1971,

 shall meet the following restrictions

outside of

 a mixing zone which shall be no greater than a

circle with a radius of 305 m (1000 feet)

 or an equal

fixed area of simple

 form.

1)

 There shall

 be no abnormal temperature changes that

may

affect

aquatic

life.

2)

 The normal daily and seasonal

 temperature

fluctuations that existed before the addition of

heat

shall

maintained.

3)

 The maximum temperature rise at any

time

above

natural temperatures shall not exceed 1.7°C(30F).

In addition, the water

 temperature

 shall

 not exceed

the maximum limits indicated

 in the following

 table:

JAN.

45

7

 ~ 45

 JUL.

~

27

~

80

FEB.

45.

 ~ 45

 AUG.

 &G 27

~

80

MAR.

45.

 ~ 45

 SEPT.

 &~ 27

 ~~ 80

APR.

 5.5.

13

 ~3 55

 OCT.

 &5. 18

 ~& 65

MAY.

&~

NOV.

16

 ~6 ~Tö

JUN.

 ~G 21

~

70

 DEC.

 5.9 10

 ~9 50

b)

 The owner or operator of

 a source of heated effluent

which discharges ~S~GGG 150 megawatts (0.5 billion

British thermal units per

 hour) or more shall demonstrate

in

 a hearing before this Board not less than

 5 nor more

than six years after

 the adoption of this regulation,

that discharges from that source have not caused

and

cannot be reasonably expected

 in future

 to cause

significant ecological damage

 to the Lake.

 If such proof

is not made

 to the satisfaction of the

 Board, backfitting

of alternative cooling devices shall

 be accomplished

within

 a reasonable

 time as determined by the Board.

(Source:

 Amended

 in R88-l at 13

 Ill. Reg.

effective

___________________

Section 302.509

 Other Sources

a)

No

 source of heated

 effluent which was not

 in operation

or

 under construction as of January

1,

 1971,

 shall

discharge more than

 a daily average of ~998 29 megawatts

(0.1 billion British thermal units

 per hour).

98—136

—15—

Sources

heated

effluents

which

discharge

less

than

daily

average

~9G

megawatts

(0.1

billion

British

thermal

 units per hour)

 not in operation or

 under

construction

 as of January

1,

 1971,

 shall meet all

requirements of sections 302.507 and 302.508.

(Source:

effective

Amended

R88—l

)

Ill.

Reg.

_________

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE C:

 WATER POLLUTION

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

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 W~ater Company Treatment Plant Discharges

Gaiesburg

 Sanitary District Deoxygenating Wastes

Discharges

City of Lockport Treatment Plant Discharges

Wood

 River Station Total Suspended Solids Discharges

Section

304.

201

304.

202

304.203

304.204

304.205

304.

206

304.207

304. 208

304.209

98—137

—16—

304.210

Alton

Wastewater

Treatment

Plant

 Discharges

304.212

Sanitary

District

Decatur

Discharges

304.213

Union

Oil

Refinery

 Ammonia Discharge

304.214

Mobil

Oil

Refinery

Ammonia

Discharge

304.215

City

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—

Amer ican Water Company

SUBPART C:

 TEMPORARY EFFLUENT STANDARDS

Section

304.301

 Exception for Ammonia Nitrogen 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.

 1987,

ch.

111 1/2 pars.

 1013 and 1027).

SOURCE:

 Filed with the Secretary of

 State January

1,

 1978;

amended at

2

 Ill.

 Reg.

30,

p.

 343, effective July 27,

 1978;

amended

at

 2 Ill.

 Reg.

44,

p.

 151, effective November

2,

 1978;

amended at

3

 Ill.

 Reg.

20,

p.

 95, effective May 17,

 1979;

amended

Ill.

Reg.

25,

190,

effective

June

21,

1979;

amended

Ill.

 Reg.

 20, p.

 53, effective May

7,

 1980;

 amended at

6

 Ill.

Reg.

 563,

 effective December

24,

 1981;

 codified at

 6 Ill.

 Reg.

7818; amended at

 6 Ill.

 Reg.

 11161, effective September

7,

 1982;

amended at

6

 Ill.

 Reg.

 13750, effective October

26,

 1982; amended

at

7

 Ill.

 Reg.

 3020,

 effective March

4,

 1983; amended

at

7

 Ill.

Reg.

 8111, effective June

23,

 1983;

 amended

at

7

 Ill.

 Reg.

 14515,

effective October

14,

 1983;

 amended at

7

 Ill.

 Reg.

 14910,

effective November 14,

 1983; amended

at

 8 Ill.

 Reg.

 1600,

effective January 18, 1984;

 amended at

8

 Ill.

 Reg.

 3687,

effective March 14,

 1984;

 amended

at

8

 Ill.

 Reg.

 8237, effective

June

8,

 1984; amended

at

9

 Ill.

 Reg.

 1379,

effective January

21,

1985; amended

at

9

 Iii.

 Reg. 4510,

 effective March

22,

 1985;

peremptory amendment at

10

 Ill.

 Reg.

 456, effective December 23,

1985;

 amended

at

11

 Ill.

 Reg.

 3117,

 effective January

28,

 1987;

amended

 in R84—l3 at

11

 Ill.

 Reg.

 7291, effective April

3,

 1987;

amended

 in R86—17(A)

at

11

 Ill.

 Reg.

 14748, effective August

24,

1987;

 amended

 in R84—l6 at

 12 Ill.

 Reg.

 2445,

 effective January

15,

 1988; amended

 in R83—23

at

 12 Ill.

 Reg.

 8658, effective May

10,

 1988; amended

 in’ R87—27

 at 12

 Ill.

 Reg.

 9905, effective May

27,

 1988;

 amended

 in P82—7

at

12

 Iii.

 Peg.

 10712, effective June

9,

 1988;

 amended

 in R85—29

 at 12

 Ill.

 Reg.

 12064, effective July

12,

 1988;

 amended

 in R87—22 at 12

 Ill.

 Reg.

 13966, effective

August

 23, 1988;

 amended

 in R86—3 at 12

 Ill.

 Reg.

 20126,

98—138

—17—

effective November

 16, 1988;

 amended

 in R84—20 at

13

 Iii. Reg.

851,

effective

January

1989;

amended

R85—l1

Ill.

Reg.

2060,

effective

February

1989,

amended

R88—l

Ill.

Reg.

________,

effective

_____________________

Section

304.104

Averaging

a)

 Except as otherwise specifically provided, proof of

violation

the

numerical

standards

this

Part

shall

the

basis

one

the

following

averaging

 rules:

monthly

average

shall

exceed

the

prescribed

numer ical standard.

daily

composite

shall

exceed

two

times

the

prescribed numerical standard.

grab

sample

shall

exceed

five

times

the

prescribed numerical standard.

b)

 Terms used

 in See~oft394~.394+e)subsection

(a)

 shall

have

 the following meanings:

The

monthly

average

shall

the

numerical

average

all

daily

composites

taken

during

calendar

month.

 A monthly average must be based on

 at least

three daily composites.

daily

composite

shall

the

numerical

average

all grab samples, or the result of analysis of a

single sample formed by combining all aliquots,

taken during

 a calendar day.

 A daily composite must

be based

 on at least three grab samples or

 three

aliquots taken

 at different times.

grab

sample

taken

single

time.

Aliquots of a daily composite are grab samples only

if they are analyzed separately.

c)

 Bee~4eft394~4G4fa-~Subsection

 (a) establishes

 a method

of

 interpretation of the effluent standards of this

Part.

 The Agency shall consider

 the averaging

 rule in

deciding whether an applicant has demonstrated that

a

facility complies with this Part for purposes of permit

issuance

and

 in writing the effluent standards into

permit cond~itions.

 Reporting

 and monitoring

requirements are established

 by way of

 permit condition

pursuant

 to See~4efts35 Ill.

Adrn.

 Code 305.102 and

309.146.

98—139

—18—

Proof

violation

effluent

limitations

contained

permits shall be based

 on the language of the permit.

(Source:

 Amended

 in R88—l at

13

 Ill.

 Reg.

____________

effective

__________________)

Section 304.124

 Additional

 Contaminants

a)

No

person

 shall cause or allow the concentration of the

following constituents

 in any effluent

 to exceed the

following levels,

 subject to the averaging rules

contained

 in Section 304.104(a).

STORET

 CONCENTRATION

CONSTITUENT

 NUMBER

 mg/i

Arsenic

01002

 0.25

Barium

01007

2.0

Cadmium

01027

 0.15

Chromium (hexavalent)

01032

0.1

Chromium (total)

01034

1.0

Copper

01042

0.5

Cyanide

00720

 0.10

Fluoride

00951

 15.0

Iron

(total)

01045

2.0

Lead

01051

0.2

Manganese

01055

1.0

Nickel

01067

1.0

Oils

 (hexane soluble or

equivalent)

00550

 15.0

Phenols

32730

0.3

Silver

01077

0.1

Zinc

01092

1.0

Total Suspended Solids

00530

 15.0

(From sources other

 than those

covered by Section 304.120)

b)

 Discharges of hexavalent chromium shall be subject

to

the averaging

 rule of Section 304.104 modified

as

follows:

 monthly averages shall not exceed

 0.1 mg/i;

daily composites shall

 not exceed 0.3 mg/i;

 and, grab

samples

shall

not

exceed

1.0

mg/i.

c)

 Oil may be analytically separated into polar

and

nonpolar components.

 If such separation

 is done,

neither of ‘the components may exceed

 15 mg/i

 (i.e.

15

mg/i polar materials and

 15 mg/i nonpolar materials)

d)

 Unless otherwise

 indicated, concentrations refer

 to the

total amount of the constitutent present

 in all

 phases,

98—140

—19—

whether

solid,

suspended

dissolved,

elemental

combined,

including

all

oxidation

states.

Where

constituents

are

commonly

measured

other

than

total,

the

word

“total”

inserted

for

clarity.

The

following

table

provided

for

cross

referencing

purposes:

CONSTITUENT

 SECTION(S)

Ammonia nitrogen

 304.301, 304.122

Bacteria

 304.121

Biochemical Oxygen Demand

 304.120

Deoxygenating Wastes

 304.120

Mercury

 394~-3~?5.304.126

Nitrogen,

 ammonia

 304.301,

 304.122

pH

 3G4-~-~&304.125

Phosphorus

 304.123

(Source:

 Amended

 in R88—l

 at 13 Ill.

 Reg.

____________

effective

__________________

Section 304.140

 Delays

 in Upgrading

 (Repealed)

a~ AH

 eff4uert~sthn~a~s~eq~4~e~ ~e be me~on ~eeembe~

 ~9~3 e~Deeembe~

i~7~4

an~ 4n

response

Gee#~4en

3G4~4G~

shaH

 be me~un~essi~

~

The

 sehafgef 4s eHg4b~efe~a eenst~*e~engfen~

t~n~efSee~t4on293~g-~of the

C4ean

Wa~efAe~

an~7

~

 The d-.isehafge~has f~e~an appHea~ionfef a

eens~ueon

g-~an~

e~ befofe

Beeembe~

3?~T

 The d4seha~gefhas ~4me-~y ~el~enaH

 neeessafy pfe—

g~an~an~pos~t—g~an~

 ae~4onsepp~op~a~e

 ~o the

epee4fie

g~ant step

fe~ wh~ieh

the

~4sehafgef

 then

eg4b4e~r

4-r

 The e~emp~onp~ov4de~4n ~fa-)~+~7+a-~+~-~

 art~-fa-)~-?3~

above

shaH

~e~m4na~e

upon

eomp~e*.-ien

eens~~e—

~on

un~e~the

 g-~an~

pfev-±~edan~eemp~-ianeew5~th

the

p~ov~is*~ens

this

See~ien shaH

thefeaf~ef

No-ing 4n pa-~egrephfe-~above shaH

 ~i4m4t ~he power of

the Boa~ to enter an aba-temen~ofdef pu~suan~te

See~en 46.

the

Ae~

neeessa~y ~e aba~epoHu~4en of

the wa~e~sof the S~a~e7when the Beaf~has fean~7 as

98—141

—20—

the

~esa~

enfofeemen~’ee~ va~4anee ease

4ni~4e~ed

t~ndef T4~es

the

Ae~7tha~ the

d4sehafgef

eaas~ng a

v4e~1~a~on

the

Ae~o~ the

~ega~ons-~

The

feHew4~ng See~4ons were

~eqt~~ed

~e-~

Beeembe~ ~:r

~9~3~-

e~ Beeembe~3i~~

3~34~

See~4on

R~e

Nt*y!~bef

De~e

3G4~3~8+e-)’

494+e-)

Beeembef

39~3

384r3G+d~

484+d-)~

Beeembe-~

~9~4

384~3~1~

 485. ~B4sehafges

 Deeembef ~3)~~9~3

Gh~oart~

M~ss4ss-ippiR~ve~seny+

394~-~2~fb3

 496 fSeeon~

 Beeembef

 ~r 1974

pa~ag~aph

 of e~1~

Ritle

486

on~y~

(Source:

 Repealed at R88—l at

 13 Ill.

 Reg.

effective

__________________)

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE

C:

 WATER POLLUTION

CHAPTER

I:

 POLLUTION CONTROL BOARD

PART 305

MONITORING AND REPORTING

Section

305.101

Preamble

305.102

Reporting

Requirements

305.103

Effluent

Measurement

APPENDIX

References

Rules

AUTHORITY:

 Implementing Section 13 and authorized by Section 27

 the Environmental Protection Act

 (Ill.

 Rev.

 Stat.

 1987,

ch.

lii

 i/2, pars.

 1013 and 1027).

SOURCE:

 Filed with

 ‘the Secretary of State

 January

 1, 1978;

amended

at

3

 Ill.

 Peg.

25,

 p.190, effective June

21,

 1979;

codified at

6

 Iii.

 Peg.

 7818;

 amended at

8

 Ill.

 Reg.

 1600,

effective

January

18,

1984;

amended

R88—l

Ill.

Reg.

_________,

 effective

_______________

98—14 2

—21—

Section

305.102

Reporting

Requirements

a)

 Every person within this State operating

 a pretreatment

works,

 treatment works,

 or wastewater source shall

submit

operating

reports

the

Agency

frequency

be determined

 by the Agency.

 “Agency” means

the

Illinois Environmental Protection Agency.

 Such reports

shall contain information regarding the quantity of

influent and

 of effluent discharged, of wastes bypassed

and

of combined sewer

 overflows; the concentrations of

those physical, chemical, bacteriological

and

radiological

parameters

 which

 shall

 be specified by the

Agency; and any additional

 information the Agency may

reasonably require.

 This reporting requirement

for

pretreatment

works

shall

only

apply

those

pretreatment works which:

1)

 Discharge toxic pollutants,

 as defined

 in Section

502(13)

of

 the GWA Clean Water

 Act, or pollutants

which may interfere with the treatment process,

 into

the receiving treatment works or are

 subject to

regulations promulgated

 under

 Section 307 of the

Clean Water Act

(CWA):

 (33 U.S.C.

 1251 et seq.); or

2)

 Discharge 15

 or more of the total hydraulic

 flow

received

the

treatment

works;

3)

 Discharge 15

 or more of the total biological

loading received by the

 treatment works as measured

by 5—day biochemical

 oxygen demand.

b)

 Every holder of an NPDES

 (National Pollutant Discharge

Elimination System)

 permit is required

 to comply with

the monitoring,

 sampling,

 recording and reporting

requirements set forth

 in the permit

 and this chapter.

 Compliance with the reporting requirements of

35

 Ill.

Adm. Code 310

satisfies this reporting requirement.

(Source:

 Amended

 in R88—l at

13

 Ill.

 Reg.

____________

effective

)

98—143

—22—

TITLE

 35 ENVIRONMENTAL PROTECTION

SUBTITLE C:

 WATER POLLUTION

CHAPTER

I:

 POLLUTION CONTROL BOARD

PART 309

PERMITS

SUBPART A:

 NPDES PERMITS

Section

309. 101

309.102

309. 103

309.104

309. 105

309.106

309. 107

309. 108

309.109

309. 110

309.111

309.112

309. 113

309. 114

309.115

309. 116

309.117

309. 118

309.119

309. 141

309.142

309. 143

309.144

309.145

309.146

309.147

309.

148

309.149

309.150

309. 151

309.152

309. 153

 309. 154

309. 155

309.156

309. 181

309. 182

309.183

Preamble

NPDES Permit Required

Application

—

 General

Renewal

Authority to Deny NPDES Permits

Access

 to Facilities

 and Further Information

Distribution of

Applications

Tentative Determination and Draft Permit

Public Notice

Contents of Public Notice of Application

Combined Notices

Agency Action After

 Comment Period

Fact Sheets

Notice

 to Other Governmental Agencies

Public Hearings on NPDES Permit Applications

Notice of Agency Hearing

Agency

Hearing

Agency

Hearing

File

Agency Action After Hearing

Terms and Conditions of NPDES Permits

Water Quality Standards and Waste

 Load Allocation

Effluent Limitations

Federal New Source Standards of Performance

Duration of Permits

Authority to Establish Recording,

 Reporting,

Monitoring

 and Sampling Requirements

Authority to Apply Entry and Inspection Requirements

Schedules of Compliance

Authority to Require Notice of

 Introduction of

Pollutants into Publicly Owned Treatment Works

Authority to Ensure Compliance by Industrial

 Users

with Sections 204(b),

 307 and 308

 of the Clean Water

Act

Maintenance and Equipment

Toxic Pollutants

Deep Well

 Disposal

 of Pollutants

 (Repealed)

Authorization

 to Construct

Sewage Sludge Disposal

Total

 D’Issolved

 Solids Reporting and Monitoring

Appeal

of

 Final Agency Action

 Permit

Application

Authority to Modify, Suspend

 or Revoke Permits

Revision of Schedule of Compliance

98—144

—23—

Permit

Modification

Pursuant

Variance

Public Access

 to Information

Effective Date

SUBPART B:

 OTHER PERMITS

Section

309. 201

309.202

309. 203

309.204

309. 205

309.206

309. 207

309.208

309. 221

309. 222

309.223

309.224

309.225

309. 241

309.242

309.243

309. 244

309.261

309. 262

309.263

309. 264

309.265

309. 266

309.281

309. 282

APPENDIX

A

Preamble

Construction Permits

Operating Permits;

New

Modified

Sources

Operating

Permits;

Existing

Sources

Joint Construction and Operating Permits

Experimental Permits

Former

Permits

(Repealed)

Permits

 for Sites Receiving Sludge

 for Land

Application

Applications

—

 Contents

Applications

—

 Signatures and Authorizations

Applications

—

 Registered

or

 Certified Mail

Applications

—

 Time

 to Apply

Applications

—

 Filing and

Final Action by Agency

Standards

 for Issuance

Duration of Permits Issued Under Subpart

B

Conditions

Appeals

 from Conditions

in

Permits

Permit

Defense

Design, Operation and Maintenance Criteria

Modification

Permits

Permit Revocation

Approval of Federal Permits

Procedures

Effective Date

Severability

References to Previous Rules

AUTHORITY:

 Implementing Section

 13 and

 13.3 and authorized

by

Section

 27 of the Environmental Protection Act

 (Ill.

 Rev.

 Stat.

1987,

ch.

 1111/2, pars.

 1013,

 1013.3 and 1027).

SOURCE:

 Adopted

 in R7i—14, at

 4 PCB

3,

 March

7,

 1972;

 amended

in R73—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

R73—ll,

12,

at

 29 P08 477, at

2

 Iii.

 Reg.

16,

p.

 20, effective

April

20,

 1978;

 amended

 in R79—13,

at

 39 PCB 263,

at

4

 Ill.

 Req.

34,

o.

 159,

 effective August

7,

 1980;

 amended

 in R77—l2B,

at

41

PCB 369,

at

 5 Ill.

 Reg.

 6384, effective May 28, 1981;

 amended

in

R76—2l,

at

 44 PCB

 203, at

6

 Iii.

 Reg.

 563, effective December

24,

1981;

 codified

6

 Iii.

 Peg.

 7818;

 amended

 in R82—5,

10,

at

54

P08 411,

 at 8

 Iii.

 Reg.

 1612,

 effective January

18,

 1984;

amended

 in R86—44

 at 12

 Iii.

 Reg.

 2495 effective January 13,

1988; amended

 in R88—l at

 13 Ill.

 Reg.

________

effective

309. 184

309.185

309.191

98—145

—24—

Section

309.281

Effective

Date

a)

 The effective date of th4s Subpart B shall be the ~a~e

of f4Hng with the Seere~efyof S~e~e

 en an eme~geney

bas4s-~ is

March

1972.

b)

 Notwithstanding

(a)

 above, Section 309.208 shall become

effee~4vea~stteh ~ime as the Ageney ado~s e~-i~ef4e-~o

a~min~s~e~

 the pefm4~p~eg~ameon~a4ne~thefe-in-~became

effective with adoption by the Agency of

35

 Ill.

 Adm.

Code

 391 on December

15,

 1983.

(Source:

 Amended

 in R88—l at

13

 Iii.

 Reg.

____________

effective

__________________)

IT

 IS SO ORDERED.

I,

 Dorothy

M.

 Gunn, Clerk of

 the Illinois Pollution Control

Board, hereby certify that the above Opinion and Order was

adopted

 on the

~Z

 day of

___________________,

 1989,

 by a

vote of

7cr)

Illino:

 s P01

 Control Board

98—146