ILLINOIS POLLUTION CONTROL BOARD
    May 11,
    1989
    IN THE MATTER OF:
    )
    AMENDMENT TO
    35
    ILL.
    ADM.
    CODE
    )
    R88—22
    SECTION
    304.301, EXCEPTION FOR
    )
    AMMONIA NITROGEN HATER QUALITY
    )
    VIOLATIONS
    ADOPTED RULE.
    FINAL ORDER.
    OPINION AND ORDER OF THE BOARD
    (by R.
    C.
    Flemal):
    On July
    11,
    1988
    the Illinois Environmental Protection
    Agency
    (“Agencyt’)
    filed
    a public comment
    in
    a separate
    proceeding,
    R88—l.
    Therein
    the Agency proposed that 35
    Ill. Adm.
    Code Section 304.301(d)
    be amended
    to extend
    the termination date
    for
    the exception for ammonia water quality violations
    from July
    1,
    1988
    to July
    1,
    1991.
    In the belief that the subject matter of
    the Agency’s
    proposal was more properly considered
    in
    a dedicated docket,
    the
    Board
    in its Augu~t 18, 1988 Opinion and Order, docketed the
    Agency’s proposal~within the instant proceeding and sent the
    proposal
    to first
    notice.
    In so doing,
    the Board took no
    position on the substantive merits of the Agency’s proposal
    at
    that time.
    First notice publication occurred
    in the Illinois
    Register Vol.
    12,
    Issue
    38, September
    16,
    1988,
    pp.
    14509—14514.
    Hearings were held on October
    27,
    1988
    in Springfield,
    and
    November
    4,
    1988
    in DeKaib;
    no members of
    the public were
    in
    attendance.
    Testimony was presented by the Agency, the Illinois
    Department
    of Energy and Natural Resources
    (“DENR”),
    and Mr.
    James
    L.
    Daugherty
    on behalf of the Thorn Creek Basin
    Sanitary
    District and the Illinois Association
    of Sanitary Districts
    (“IASD”).
    Comments subsequent
    to first notice publication were
    received from the Agency,
    DENR,
    the Downers Grove Sanitary
    District,
    and Springfield Metro Sanitary District.
    On December
    5,
    1988 DENR determined
    that
    a formal Economic
    Impact Study was not required in this matter,
    finding that the
    economic
    impact of the regulation would
    be difficult
    to measure
    such
    that
    a formal
    study would
    not generate useful information.
    1 The document wherein
    the Agency’s proposal
    is presented,
    Public
    Comment
    4~3
    of Board Docket R88—1, was incorporated into the
    instant docket as
    the Agency’s Proposal
    at first notice.
    99—109

    —2—
    The Economic and Technical Advisory Committee concurred
    in this
    determination on December
    15,
    1988.
    On October
    4,
    1988,
    the
    Department
    of Commerce and Community Affairs filed
    its Impact
    Analysis which indicated that there would be
    no economic effect
    on small businesses
    from the proposed rulemaking.
    On January
    5,
    1989,
    the Board
    adopted
    the amendments
    for
    Second Notice with changes from the First Notice proposal
    as
    noted below.
    Several typographical errors were subsequently
    found
    in
    the January
    5,
    1989 Order and on January
    19,
    1989,
    the
    Board issued
    a corrected Order
    of the Board.
    The amendments as
    corrected were subsequently submitted
    to the Joint Committee on
    Administrative Rules
    (“JCAR”) which issued
    a certification of no
    objection
    to the amendments on May
    9,
    1989.
    However, JCAR made
    certain recommendations
    for nonsubstantive 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
    the recommended
    changes,
    and
    today adopts the amendments
    as proposed
    at Second
    Notice with these recommended changes.
    JUSTIFICATION FOR AMENDMENT
    The Agency
    in its proposal provided
    the following argument
    for adoption of the amendments:
    Paragraph
    (b) provides an exemption for winter
    (November thru March) water quality violations.
    In
    adopting this rule
    in PCB R77—6,
    the Board noted
    that
    “biologic
    treatment of
    domestic wastewater
    is virtually
    universally practiced...”
    (Final Order dated June
    22,
    1978, page 9).
    The Board continued
    as follows
    (page
    10):
    “The process
    of nitrification, however,
    is
    temperature dependent;
    the
    rate of
    nitrification decreases
    as the temperature
    decreases.
    It is not cost—effective
    to design
    biological processes capable
    of removing
    ammonia nitrogen
    to 1.5 mg/i from very cold
    domestic wastewater.
    In illinois,
    facilities
    treating domestic wastewater utilizing
    the
    types of biologic processes which yield
    effluent concentrations of 1.5 mg/i during the
    warm months are usually incapable
    of
    consistently reducing ammonia nitrogen
    concentrations below 4.0 mg/i during cold
    weather.,”
    Since adoption,
    it has been evident
    that
    these
    sa:~ie
    technological limitations remain relevant.
    Biological
    processes are still
    the only cost—effective
    and
    99—110

    —3—
    environmentally acceptable means of ammonia nitrogen
    reduction;
    and the efficiency of these processes
    is
    s~i11greatly affected by cold temperatures.
    Attachment
    A
    provides an analysis of the performance of
    74
    municipal wastewater
    treatment facilities designed
    for
    nitrification
    in Illinois.
    Each facility represents
    ‘tstate—of—the art” nitrification and has a record of
    good operation.
    The overall performance of these
    facilities falls within
    the expected range.
    It
    is clear
    that application of the most stringent effluent
    standard, 1.5 mg/i, during
    the winter months would
    result
    in unacceptably high violation rates on
    a monthly
    basis
    for
    these
    facilities.
    Water quality based permit
    limits, however,
    are established
    as daily maxima, rather
    than monthly averages.
    The violation rate for
    the
    facilities
    in Attachment A would be significantly higher
    if
    calculated on a daily maximum basis.
    In addition,
    nearly 300 other municipal sources are
    regulated for
    ammonia discharges.
    Many of
    these sources perform
    significantly worse with regard
    to ammonia
    removal.
    Typically this is due
    to organic or
    hydraulic
    overloading or operational problems.
    As
    indicated
    in
    Attachment
    B, many of
    those 300
    facilities are currently
    designing
    or constructing nitrification equipment.
    Each
    of
    these facilities
    is designed
    in accordance with the
    same stringent design standards as
    the facilities
    in
    Attachment
    A.
    The Agency believes that the prudent
    course of action would
    be
    to extend
    the exception
    for
    winter months (Paragraph
    b)
    an additional
    3 years.
    This
    will allow time
    for completion and performance
    evaluation of most of these
    facilities.
    At that time,
    the Agency will be
    in
    a better position
    to assess
    the
    need
    for
    a permanent rule change.
    The Agency’s testimony at hearing basically reiterated
    its
    position as
    stated
    in
    the proposal and quoted above.
    The
    comments
    of
    the Springfield
    Metro Sanitary District,
    the Downers
    Grove Sanitary District and the testimony provided
    by Thorn
    Creek
    Basin Sanitary District and the IASD are supportive
    of
    the
    amendments,
    emphasizing
    the sensitivity of biological
    2 Board
    note:
    Attachments A and
    B,
    as referenced
    in
    this quote,
    refer
    to attachments
    to the Agency’s Proposal
    in the instant
    docket
    (see
    footnote
    1).
    Attachment A consists of
    a two—page
    tabulation of
    ammonia, effluent concentrations
    for various sewage
    treatment plants
    in Illinois.
    Attachment
    B consists of
    a one—
    page list of sewage treatment facilities
    in Illinois which are
    currently proposing nitrification of effluents.
    The attachments
    were later received into the record at hearing
    as Agency Exhibits
    2 and
    3,
    respectively.
    99—111

    —4—
    nitrification processes and their slow recovery during
    the winter
    months.
    Water Quality Impact
    The Agency in response
    to questioning at hearing submitted
    data with its comments which indicates that the winter violation
    rate
    for ammonia was 0.29 percent from 1983 to the most recent
    data available.
    The Agency emphasizes that this information was
    obtained from the ambient water quality monitoring network.
    The
    data
    is therefore indicative
    of background levels rather
    than of
    the water quality in the vicinity of
    a point source discharger
    (R.
    at
    18,
    102; Agency Comment at
    3).
    Water quality data from
    the vicinity of point source dischargers is not available.
    However, DENR believes that “it
    is likely
    that such data would
    show a low water quality violation rate” because,
    as the Agency
    testified, municipal effluents are usually near neutral
    (DENR
    comment at
    2;
    R.
    at
    18).
    This follo’~sbecause
    the un—ionized
    ammonia standard
    is the standard most likely to
    be exceeded, and
    at neutral conditions
    relatively little of the ammonia exists
    in
    the un—ionized
    form.
    The Agency further testified that the data on point sources
    is presently being gathered through the NPDES permitting system
    and that the three year extension of the exemption would provide
    time with which
    to evaluate that information
    (R.
    at
    103).
    In
    fact,
    the Agency further
    noted
    its commitment
    to review the
    situation
    as part of
    its next triennial water quality standard
    review to
    be submitted to USEPA
    (Id).
    USEPA also indicated that
    it concurs with “the proposed changes
    to WQS
    for ammonia—N”
    (Agency Exh. 4).
    DENR has also provided the Board with certain tables and
    graphs which have aided
    the Board
    in
    its analysis of the
    potential for winter water
    quality violations due
    to ammonia.
    In
    its final analysis,
    DENR concludes that “the water quality
    impact
    of continuing
    the winter exception
    is probably minimal since,
    even with the exception
    in place, very few water quality
    violations are expected”
    (DENR comments at
    2).
    Based on the record
    in
    this proceeding and
    in light of the
    low rate of water quality violations and the efforts which will
    be made
    to study the necessity
    for
    a future winter exemption,
    the
    Board believes
    it
    is
    reasonable
    to extend the exemption contained
    in Section 304.301 for an additional three years, until July 1,
    1991.
    CHANGES
    FROM FIRST NOTICE
    The Board sent this proposal
    to second notice with certain
    changes which were made
    in response to comments received
    subsequent
    to
    first notice publication and
    as discussed
    at
    99—112

    —5—
    hearing
    (R.
    at
    88—89, Agency Comments
    at 3).
    The changes made
    relate mainly to clarification of the rules
    to better effectuate
    the
    intent as indicated
    in the proposal.
    The proposed language,
    as published
    for
    first notice,
    could
    be read as possibly extending the exemption contained
    in
    subsection
    (a)
    of 304.301
    in addition
    to that contained in
    subsection
    (b)
    of 304.301.
    This was not the intention of
    the
    Agency
    (Id).
    Subsection
    (a)
    provided an exemption
    for small
    dischargers which allowed such small dischargers
    to defer
    ammonia
    reduction projects
    in order
    to coordinate these efforts with
    other planned
    improvements.
    The Agency now believes
    that ample
    time has been given
    to
    these
    small dischargers and that the
    ammonia water quality standard should now apply to both large and
    small dischargers
    (R.
    at
    10—li; Agency comment at
    3).
    At hearing
    and
    in its post—hearing comments,
    the Agency
    suggested
    modification of
    the language
    as proposed
    for
    first notice to
    include deletion of subsection
    (a), with other nonsubstantive
    modifications
    to provide consistency with
    the deletion.
    The
    Board concurred with the Agency’s suggestions
    and incorporated
    the changes into the proposal
    at Second Notice.
    99—113

    —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 304
    EFFLUENT STANDARDS
    SUBPART
    A:
    GENERAL EFFLUENT STANDARDS
    Section
    304. 101
    304.102
    304.103
    304. 104
    304.105
    304.106
    304.120
    304.121
    304.122
    304.123
    304. 124
    304.125
    304.126
    304
    .
    140
    304.141
    304.142
    Preamble
    Dilution
    Background Concentrations
    Averaging
    Violation of Water Quality Standards
    Offensive Discharges
    Deoxygenating Wastes
    Bacteria
    Nitrogen
    (STORET number
    00610)
    Phosphorus
    (STORET number
    00665)
    Additional Contaminants
    pH
    Mercury
    Delays
    in
    Upgrading
    (Repealed)
    NPDES Effluent Standards
    New Source Performance Standards
    (Repealed)
    SUBPART
    B:
    SITE SPECIFIC RULES AND EXCEPTIONS
    NOT
    OF GENERAL APPLICABILITY
    Section
    304. 201
    304. 202
    304. 203
    304. 204
    304.205
    304. 206
    304.207
    304.208
    304.209
    304.210
    304.212
    304. 213
    Wastewater Treatment Plant Discharges of the
    Metropolitan Sanitary District of Greater Chicago
    Chior—alkali Mercury Discharges in St.
    Clair County
    Copper Discharges by Olin Corporation
    Schoenberger Creek: Groundwater Discharges
    John Deere Foundry Discharges
    Alton Water Company Treatment Plant Discharges
    Galesburg Sanitary District Deoxygenating Wastes
    Discharges
    City of Lockport Treatment Plant Discharges
    Wood
    River
    Station
    Total
    Suspended
    Solid.~
    Discharges
    Alton
    Wastewater
    Treatment
    Plant
    Discharges
    Sanitary District of Decatur Discharges
    Union Oil Refinery Ammonia Discharge
    99—114

    —7—
    304.214
    Mobil Oil Refinery Ammonia Discharge
    304.215
    City of Tuscola Wastewater Treatment Facility
    Discharges
    304.216
    Newton Station Suspended Solids Discharges
    304.219
    North Shore Sanitary District Phosphorus Discharges
    304.220
    East St.
    Louis Treatment Facility, Illinois—
    American Water Company
    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 Iii.
    Reg.
    30,
    p.
    343, effective July
    27,
    1978;
    amended
    at
    2 Ill.
    Beg. 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;
    amended
    at
    4
    Ill.
    Reg.
    20,
    p.
    53, effective May 7,
    1980;
    amended
    at
    6 Ill.
    Beg.
    563,
    effective December
    24,
    1981;
    codified at
    6
    Ill. Beg.
    7818; amended
    at
    6
    Ill. Reg.
    11161,
    effective September
    7,
    1982;
    amended at
    6 Ill. Beg.
    13750, effective October
    26,
    1982;
    amended
    at
    7
    Ill.
    Beg.
    3020,
    effective March
    4,
    1983; amended at
    7
    Ill.
    Beg.
    8111,
    effective June
    23, 1983;
    amended
    at
    7
    111.
    Beg.
    14515,
    effective October
    14,
    1983;
    amended
    at
    7
    Ill.
    Reg.
    14910,
    effective November
    14,
    1983;
    amended
    at
    8 Ill.
    Beg.
    1600,
    effective January
    18,
    1984;
    amended
    at
    8
    Ill.
    Beg.
    3687,
    effective March
    14,
    1984;
    amended
    at
    8
    Ill.
    Reg.
    8237, effective
    June 8,
    1984; amended
    at
    9 Ill.
    Beg.
    1379, effective January 21,
    1985;
    amended
    at
    9 Iii. Reg.
    4510,
    effective March
    22,
    1985;
    peremptory amendment at
    10
    Ill. Beg. 456, effective December
    23,
    1985;
    amended
    at
    11
    Ill.
    Beg.
    3117, effective January 28, 1987;
    amended
    in R84—13
    at
    11
    Ill.
    Beg.
    7291,
    effective April
    3,
    1987;
    amended
    in R86—l7(A)
    at
    11
    Ill.
    Beg.
    14748,
    effective August
    24,
    1987;
    amended
    in R84—l6
    at
    12
    Ill. Beg.
    2445,
    effective January
    15,
    1988;
    amended
    in R83—23
    at
    12
    Ill. Beg.
    8658, effective May
    10,
    1988;
    amended
    in R87—27 at 12
    Ill.
    Beg.
    9905,
    effective May
    27,
    1988; amended
    in R82—7
    at
    12
    Ill. Beg.
    10712,
    effective June
    9,
    1988; amended
    in R85—29
    at 12
    Ill. Beg.
    12064,
    effective July
    12,
    1988;
    amended
    in
    R87—22
    at
    12
    Ill.
    Beg.
    13966,
    effective
    August
    23,
    1988; amended
    in R86—3
    at
    12
    Ill. Beg.
    20126,
    effective November
    16,
    1988; amended
    in
    R84—20
    at
    13
    Ill.
    Beg.
    99—115

    —8—
    851, effective January
    9,
    1989;
    amended
    in R85—ll
    at
    13
    Ill. Beg.
    2060, effective February
    6,
    1989,
    amended
    in R88—i
    at
    13
    Ill.
    Reg.
    5976,
    effective April
    18,
    1989, amended
    in R86—17(B)
    at
    13
    Ill.
    Beg.
    ______,
    effective
    _______________;
    amended
    in R88—22 at
    13
    Ill.
    Reg.
    _______,
    effective
    _____________________
    SUBPART
    C:
    TEMPORARY EFFLUENT STANDARDS
    Section 304.301
    Exception for Ammonia Nitrogen Water Quality
    Violations
    a~
    See?4eft
    O4~O5
    ~
    ~te~app’y ~e
    5 fl~A~n~?e~e
    3~-~3~
    ?e~
    ~my
    e~tie~
    ~fOM
    ~
    se~t~ee~
    exis~et~ieeon
    ~
    ~
    ~i5r~g
    oi~tt~~e&ee~
    ~m~em4e 4nt~en~
    ~ooding no~exeee~~G~pet~n~pe~~y
    ~
    no~
    o~e~w~se
    neeé~ng~p~ng
    ~e nteet ~e
    ~
    ~emen~ e~
    ~1’~4sep~e~
    ba)
    Section 304.105 shall not apply to See~on 35 Ill. Adm.
    Code 302.212
    for any source during the months of
    November through March;
    except that during
    the months of
    November through March no source ne~e~e~p~
    undet~
    pa~agfaph~
    shall discharge an effluent containing a
    concentration of ammonia nitrogen greater than 4.0 mg/i
    if the discharge, alone or
    in combination with other
    discharges,
    causes or contributes
    to
    a violation of ~
    po~on o~See~en 35 Ill.
    Adm. Code 302.212.
    eb)
    Compliance with the provisions of po’~8g1~ephsubsection
    (ha)
    shall
    be achieved by March
    31,
    1979,
    or such other
    date as required by NPDES permit,
    or
    as ordered by the
    Board
    under Title VIII or Title
    IX of the Environmental
    Protection Act.
    dc)
    After
    July
    1, ~988l99l, the exemption provided
    in this
    sSection shall
    terminate.
    IT IS SO ORDERED.
    I,
    Dorothy
    11.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    //~1
    day of
    ___________________,
    1989, by a vote
    of
    ~-p
    .
    Dorothy
    M. ,dunn,
    Clerk
    Illinois
    Pollution
    Control
    Board
    99—116

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