ILLINOIS POLLUTION CONTROL BOARD

August 31,

1989

PROPOSED AMENDMENTS TO TITLE

35, SUBTITLE C

(TOXICS CONTROL)

)

)

PROPOSED REGULATIONS

FIRST NOTICE

ORDER OF THE BOARD

(by R.

C.

Flemal)

The Board hereby proposes for First Notice the following

amendements to

35 Iii. Mm.

Code,

Subtitle C: Water Pollution,

Chapter

I, Pollution Control Board, Parts

301,

302,

305, and

309.

The Clerk of the Board is directed to file these proposed

amendments with the Secretary of

State.

This Order

is supported

by a separate Opinion adopted this day.

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

301.106

301.107

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

Autr±

ty

Policy

Repeals

Analytical Testing

References

Incorporations by Reference

Severability

Definitions

Act

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

IN THE

MATTER

OF:

)

)

R88—21

102—363

---

—2—

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

Institute

Interstate Waters

Intrastate Waters

Land Runoff

Marine Toilet

Modification

New

Source

Other Wastes

Person

Pollutant

Population Equivalent

Pretreatment Works

Sewage

Sewer

Sludge

Standard of Performance

STORET

Storm Sewer

Treatment Works

Underground Waters

Wastewater

Wastewater Source

Watercraft

Waters

APPENDIX A

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—1

at

13

Ill.

Reg.

5984,

effective

April

18,

1989;

amended

in

R88—21

at

____

Ill.

Reg.

___________

,

effective

_____________________

Section 301.106

Incorporations by Reference

a)

Abbreviation~.

The

following

abbreviated

names

are

used

for

materials

incorporated

by

reference:

“ASTM”

means.American

Society

for

Testing

and

“GPO1~ means

Superintendent

of

Documents,

U.S.

Primary Contact

Public and Food Processing Water

Supply

Publicly Owned Treatment Works

Publicly

Regulated

Treatment

Works

Sanitary

Sewer

Secondary Contact

References

to

Previous

Rules

Mater lals’

102—364

---

—3—

Government Printing Office

“NTIS” means National Technical Information Service

“Standard Methods” means

“Standard Methods for the

Examination of Water and Wastewater:, available

from the American Public Health Association

“USEPA” means United States Environmental

Protection Agency

~

The Board incorporates the following publications by

reference:

American Public Health Association et al., 1015

Fifteenth Street, N.W., Washington,

D.C.

20005

Standard Methods for the Examination of Water

and Wastewater,

17th Edition,

1989

ASTM.

American Society for Testing and Materials,

1976 Race Street, Philadelphia, PA 19013

(215)

299—5400

ASTM Standard D 1126—86

“Standard Test Method

for Hardness

in Water”, approved August

29,

1986

ASTM Standard D 1253—86

“Standard Test Method

for Residual Chlorine in Water”, approved

February

28,

1986

ASTM Standard E 1147—87

“Standard Test Method

for Partition Coefficient

(n—Octanol/Water)

Estimation by Liquid Chromatography”, approved

February

27,

1987

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

GPO.

Superintendent of Documents, United States

Government Printing Office,

Washington,

D.C.

20402

(202)

783—3238

Quality Criteria for Water

1986, Document

Number 1986—159—300—50472

102—3 65

---

—4—

USEPA.

United States Environmental Protection

Agency, Office of Health and Environmental

Assessment, Washington,

D.C.

20460

Mutagenicity and Carcinogenicity Assessment

for 1,3—Butadiene,

September,

1985, Document

Number EPA/600/8-85/004A

~J

The Board incorporates the following federal regulations

by reference:

40 CFR 302.4

(1988)

40 CFR 141 (1988)

~J

This Section incorporates no future editions or

amendments.

(Source:

Added at

Ill.

Reg.

_____

effective

_____________________

Section 301.107

Severability

If any provision of this Subtitle

is adjudged invalid,

or

if the

application 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 adjudged invalid.

(Source:

Added at

Ill.

Reg.

_____

effective

)

102—366

---

—5—

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE C:

WATER POLLUTION

CHAPTER

1:

POLLUTION CONTROL BOARD

PART 302

WATER QUALITY STANDARDS

SUBPART A:

GENERAL WATER QUALITY PROVISIONS

Section

302.100

302.101

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 and Applicability

Mixing Zones and ZID5

Stream Flows

Main River Temperatures

Nondegradation

SUBPART B:

GENERAL USE WATER QUALITY STANDARDS

Scope and Applicability

Purpose

Brt~a~tira~

9~d~eOffensive Conditions

pH

Phosphorus

Dissolved Oxygen

Radioactivity

Chemical Constituents

Fecal Coliform

S~rtce~ P~xie~ A~u~4eb~feOther Toxic Substances

Temperature

Ammonia Nitrogen and Un-ionized Ammonia

SUBPART C:

PUBLIC AND FOOD PROCESSING WATER SUPPLY STANDARDS

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 Coliforra

SUBPART D:

SECONDARY CONTACT AND INDIGENOUS AQUATIC LIFE

STANDARDS

Scope and Applicability

Purpose

Unnatural Sludge

pH

Dissolved Oxygen

Fecal Coliform (Repealed)

Chemical Constituents

Section

302.401

302.402

302. 403

302.404

302.405

302.406

302.407

102—367

---

—6—

302.408

302.409

302.410

Temperature

Cyanide

Substances Toxic to Aquatic Life

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

302.663

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 Toxicity Criterion

—

Procedure

for Combination

of

Substances

The Wild and Domestic Animal Protection Criterion

The Human Threshold Criterion

Determining the Human Threshold Criterion

—

General

Procedures

Determining

the Human Threshold Criterion

The Human Nonthreshold Criterion

Determining the Human Nonthreshold Criterion

—

General

Procedures

Determining

the Human Nonthreshold Criterion

Stream Flow for Application of Human Nonthreshold

Criterion

Bioconcentration Factor

Determination

off Bioconcentration Factor

Utilizing

the Bioconcentration Factor

Listing of Derived Criteria

APPENDIX A

References

to Previous Rules

102—368

---

—7—

APPENDIX B

Sources

of Codified Sections

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. 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

Iii.

Reg.

13750,

effective October

26, 1982;

amended at

8

Ill. Req.

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.

5998,

effective April 18,

1989; amended

in R88—21 at

Ill.

Req.

___________

,

effective ______________________

102—369

---

—8—

SUBPART A:

GENERAL WATER QUALITY PROVISIONS

Section 302.100

Definitions

Unless otherwise specified,

the definitions of the Act and

35

Ill. Adm. Code 301 apply to this Subpart.

As used in this

Subpart,

the following definitions

of this Section shall 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 which result

from a

single

or short—term exposure to the substance.

“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.

“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 consisting of

the sum of calcium and magnesium concentrations in terms

of

equivalent milligrams per

liter calcium carbonate.

Hardness

is measured as specified in ASTM D 1126 or

Standard Methods 314B,

incorporated by reference in

35

Ill. Adm. Code 301.106.

“Total Residual Chlorine” or

“TRC” means

those

substances which include combined and uncombined forms

of both chlorine and bromine and are expressed,

by

convention,

as an equivalent concentration of molecular

chlorine.

TRC

is measured

as specified

in ASTM D 1253

or Standard Methods 408A through 408F,

incorporated by

reference

in

35 Ill. Adm. Code 301.106.

“Toxic substance”

means a chemical substance which

causes harmful physiological or behavioral

effects

in

humans,

or

in aquatic or

terrestrial animal or plant

life.

Toxic substances

include, but are not limited to

those substances listed

in

40 CFR 302.4,

incorporated

by reference

in

35

Iii.

Adm.

Code 301.106, and any

“chemical substance’

as defined

by the Illinois Chemical

Safety Act

(Ill.

Rev.

Stat.

1987,

ch. lll~, pars.

951

et

“ZID” or

“Zone of

Initial Dilution” means an area within

the mixing zone where

immediate and rapid

dispersion/mixing

of

an effluent

takes place.

102—370

---

—9—

“Immediate” means an effluent’s merging with receiving

waters without delay

in time after

it’s discharge and

within close proximity of the end of the discharge

pipe.

“Rapid” means an effluent’s quick merging with

receiving waters so as to minimize the length of

exposure time of aquatic life to undiluted effluent.

(Source:

Added at

Ill.

Reg.

effective

_____________________)

Section 302.101

Scope and Applicability

a)

P~r~3O2This Part contains schedules of water quality

standards which are applicable throughout the State as

designated in Part

35

Ill. Adm. Code 303.

Site specific

water quality standards are found with the water use

designations

in P~r~35

Ill. Adm. 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. Mm.

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~iet~35

Ill.

Adm.

Code 303.202).

d)

Subpart D contains the secondary contact and indigenous

aquatic life standards.

These standards must be met

only by certain waters designated

in See~e~35

Ill.

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

~

35 Ill Adm. Code 303 (See~~n35

Ill. Adm. Code

303.443).

fl

Subpart

F contains the procedures for determining each

of the criteria designated

in Section 302.210.

~

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. Reg.

_____

effective

)

102—371

---

—10—

Section 302.102

Mixing Zones and ZIDs

a)

~n the

peatien

of th1~ehapter7 whenever

a water

~t1a~tty&eendard i~more re~tr~et~ve

than 4t~

eorre3pond.4ng eff~tient

artdard

thert an oporturt~ty

5hall be a~owed for the m~xthreof an e~ent with ~:t~3

reeeiving waters. The Agency may, by condition

in an

NPDES permit, grant a mixing zone for the mixture of an

effluent with its receiving waters

in accordance with

the conditions of subsection

(b).

Water quality

standards must be met at every point outside of the

mixing

zone.

The ~

of the m4x~ngtone eannot be

~ormiy

e~er4bed-~The

g

ern~n~~r e~p~e4~that

the proportion of any body of water or ~egme~t thereof

within mix4n~~orte~mtist be ~~te

small ~f the water

~a~ity

~tandard~ are to have any me~n~- Th~

prirte4pe

~hafl be app3ied on

a ea~e—by—ea~eba~4~to

en~rethat neither any

~dtia~ ~ot~reenor the

a~regateof ~otiree~~haH

eat~ae exee~ive~one~ to

exceed the ~tandards~

The water ~tta±ity~tandarda mti~t

be met 4n the

btt+k of the body of watery and no body of

water may be tt~edtota~ya~a mix±ngtone for a

otttfa~or eombinat~onof ot~tfa±3~Moreoverr exeept a~

otherw4~eprovided 4n thi~ehapter7

no ~irng~em4x’~n~

~orie~ha~

exceed the area of a e4re3e with a radiu5 of

~83

m

~-6OO

feet~ S~n~3e~otireeaof eff~ttent~

whieh

have more than one ot2tfa3~~ha~

be ~4mited to

a teta~

mixing area no ~arger than that a~owab~e4f

a ~ing~e

o~tfa~were ti~ed~-

b)

In determining the ~

nature of

the mixing zone for

any discharge,

the following m~t be eon~dered

conditions must

be met:

1)

The chereeter of the body of water7The mixing zone

must encompass an area or

volume

no 1a~g~than

the

area or volume of

the mixing zone which would

result after incorporation of design measures

to

attain optimal mixing efficiency of effluent and

receiving waters.

Such measures

include, but are

not limited

to engineered location and

configuration of discharge points and use of

diffusers.

2)

the present and ant’ie~patedftiture ti~eof the body

of water-TA

mixing zone must not occlude tributary

stream entrances or restrict the movement of

aquatic life into or out

of the tributary.

3)

the preaent end ant~e~pated

water q~e±+tyof the

body

of water7A mixing zone must not infringe upon

bathing beaches, bank fishing areas,

boat ramps

or

dockages

or any other public access area.

102—372

---

—11—

4)

the effeet of the di~eha~eon the ~reaerttand

ant4e~patedf~ttirewater ~a3~ty7A

mixing zone must

not encompass mussel beds,

endangered species

habitat, fish spawning areas, areas of important

aquatic life habitat,

or any other natural features

vital

to the well being of aquatic life.

5)

the d~utionratie7 andA mixing zone must not

encompass intake structures of public or food

processing water supplies, watering areas routinely

accessed by wild or domestic animals,

or points of

irrigation withdrawal.

6)

the natt~reof the eorttaminartt~Amixing zone must be

so configured as

to assure a reasonable zone of

passage for aquatic life

in which the water quality

standards are met.

fl

A mixing zone alone

or

in combination with other

mixing zones must not intersect any area

of any

body of water

in such a manner

that the maintenance

of aquatic life in the body of water as

a whole

would be adversely affected.

~J

A mixing zone alone or

in combination with other

mixing zones must not contain more than 25

of

the

cross—sectional area or volume of flow of

a stream

except for

those streams where the dilution ratio

is less than 3:1.

~j

No body of water may be used totally as

a mixing

zone

for

a single outfall or combination of

outfalls.

~Q)

Single sources of effluents which have more than

one outfall shall be limited to a total mixing zone

no larger than that allowable if

a single outfall

were used.

~ll

The mixing zone must be as

small as

is practicable

under the limitations prescribed in this

subsection, and

in no circumstances may the mixing

zone encompass

a surface area larger than

26 acres.

c)

~rtadd~t~ertto the above7 the m5x~n~

zone ~ha~

be ao

de~4~rteda~to a~tirea rea5onab~ezone of pa~a~efor

a~t1at~te‘ife 4n wh~ehthe water ~tia±±ty~tandard~ are

metT

The mix4rt~zone shaH net interseet

arty area of

any ~t~ehweter~4n ~eh

a manner that the ma~rttenarteeof

aqt~at4e~4fe

±rt

the body of water a~a wh~~e

wett3d be

adveree~yaffected7 nor ~ha~

any ~4x~rt~zone eonta~n

more than 25

of the ere

—~eet~ona~

area or vo’ume of

f~owof a stream exee~tfor theee etream5 where the

d~~t~on

rat4o 4, ~

than 3~±7TheAgency may, by

102—373

---

—12—

condition in an NPDES permit, grant a ZID as a component

area within the mixing zone, where, at

a minimum,

and

in

addition

to the mixing zone requirements of subsection

(b), the following conditions are met:

fl

Effluent dispersion is immediate and rapid.

j)

The maximum allowable area of the ZID

is

proportional

to the width of

the receiving

waterbody but

in no case shall the ZID exceed 1,000

square feet.

~j

Conditions

in the ZID shall

not cause actual

impairment of the aquatic environment.

A permittee may apply for, and the Agency may grant,

a

mixing zone or

a ZID pursuant

to the procedures

off

Section

39 of

the Act and

35

Ill. Mm. Code

309.

A

permittee may appeal Agency decisions concerning

a

mixing zone or ZID pursuant to the procedures of Section

40 of

the Act and

35

Ill. Mm. Code 309.181.

(Source:

Amended at

_________

Ill.

Req.

effective

____________________

Section 302.103

Stream Flows

Except as otherwise provided

in this Chapter w4th reapeet to

temperatt~re,the water quality standards in this Part shall apply

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

B:

GENERAL USE WATER QUALITY STANDARDS

Section 302.203

Unnatura3 S~idgeOffensiveConditions

Waters of the State shall

be free from ~nnett~ra~sludge or

bottom

deposits, floating debris,

visible oil, odor, ~nnattira~plant

or

algal growth, ~nnatt~ra~color or

turbidity of other than natural

origin.Tor matter

of ether than met~ra±or4g~n~n eeneenrrat4on~

or eomb4nat4on~tox4c or harmfti~

to httman7 p’ant or aq~at4e

~4fe7

The mixing zone provisions

of Section 302.102

shall

not

be

used to comply with the provisions of

this Section.

(Source:

Amended at

_________

Ill.

Reg.

—___

effective

____________________

Section 302.208

Cherriical Constituents

The fo3~ow4ng~eve~

of ehem4ee~eon~t4ttient~shall not be

102—374

---

—13—

exeeeded-~

STORET

eeNeENTRAT~eN

~~NST~TUENT

NUMBER

tm~?~

Ar~ert4e~tota3~

8~082

Bar4t~m+tota~

0300~

5~0

Boron ~teta3~

0~022

eadm4~m

~teta~

0i82~

0705

eh~or4de

00940

5087

ehrem4~mfteta3 hexava3ent~

0~032

0705

ehrem4~m~-teta~tr4va~ent~

03033

eopper ~teta~j

8~842

0782

eyart4de

08~28

0-025

F~er4de

009Sf

~ren +teta~

8~845

~,eadttota3~

8~8S~

Man~arte~e~teta~

e~oss

Mere~ryfteta~

~980

870005

N4eke~+teta3~

0~86~

Pherte~e

~2~38

Se~en4wn-(-teta~

8~4~

S4~ver~teta~

8~80S

S~fate

88945

5087

Peta~B4,,e~ve~Se~4d~

~83O0

~0887

~4ne

G~092

~j

The Acute Standard

(AS)

shall not be exceeded at any

time except as provided in subsection (c).

~J

The Chronic Standard

(CS) shall

not

be exceeded by the

average of

at least

four samples collected over any

period of at least

four consecutive days.

The samples

used

to demonstrate compliance or lack of compliance

with a CS must

be collected in

a manner which assures an

average representative of the four day period.

~j

Where a mixing zone has been delineated pursuant

to

Section 302.102,

the following apply:

jj

The AS shall not be exceeded

in the mixing zone

except in a ZID

2)

The CS shall not be exceeded outside the mixing

zone.

~J

Concentrations of chemical constituents shall not exceed

the following standards, measured

in micrograms per

liter

(ug/l):

STORET

Constituent

Number

AS

CS

102—37 5

---

—14—

Arsenic

01002

360

190

(total)

Cadmium

01027

exp(A

+

Bln(H)1,

exptA

+

Bln(H)J,

(total)

but not

to exceed

where A

=

—3.490

50 ug/l,

where

and

B

=

0.7852

A

=

—2.918 and

B

1.128

Chromium

01032

16

11

(total

hexavalent)

Chromium

01033

expA

+

Bln(H),

exoA

+

Bln(H),

(total)

where A

=

3.688

where A

=

1.561

trivalent)

and B

=

0.8190

and B

=

0.8190

Copper

01042

expfA ÷Bln(H)),

expA

+

Bln(H),

(total)

where A

=

—1.464

where A

=

-1.465

and B

=

0.9422

and

B

=

0.8545

Cyanide

00718

22

5.2

Lead

01051

explA

+

Bln(H)J,

Not Applied

(total)

but

not to

exceed

50 ug/1,

where

A

=

—1.460 and

B

=

1.273

Mercury

71900

0.5

Not Applied

TRC

50060

19

11

where:

~

microgram per liter

exp(x)

=

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

outside of a mixing

zone:

STORET

Constituent

Units

Number

Standard

Barium (total)

01007

5.0

102—376

---

—15—

Boron

(total)

mg/i

01022

1.0

Chloride

(total)

mg/l

00940

500

Fluoride

mg/i

00951

1.4

Manganese

(total)

mg/i

01055

1.0

Nickel

(total)

mg/l

01067

1.0

Phenols

mg/i

32730

0.1

Selenium (total)

mg/i

01147

1.0

Silver

(totall

ug/l

01077

Sulfate

mg/i

00945

500

Total Dissolved

mg/i

70300

1000

Solids

Zinc (total)

mg/l

01092

1.0

where:

(Source:

Amended at

effective

_____

Section 302.210

mg/i

=

milligrams per liter

ug/1

=

micrograms per liter

__________

Ill. Reg.

_____

S~batanee~

Pox4e to A~uat4e~ife Other Toxic

Substances

Arty ~batartee tex4e to a~at4e ~4fe ~ha~3 not exceed one—tenth of

the

96—hotir med4art to3eranee ~4m4t t96—hr7 PI,mt for nat4ve f4~h

or e,,ent4a~H~h feed orgart4~ma7except for

Waters of the State shall be free from any substances or

combination of substances

in concentrations toxic or harmful to

human health,

or to animal, plant

or aquatic life.

Individual

chemical substances listed in Section 302.208 are not subject to

this Section.

~j

Any substance or combination of substances shall

be

presumed to be toxic or harmful to aquatic life

if

present

in concentrations that exceed the following:

fl

An Acute Aquatic Toxicity Criterion

(AATC)

developed pursuant

to procedures set forth

in

Sections 302.612 through 302.618 or

in Section

302.621;

or

j)

A Chronic Aquatic Toxicity Criterion (CATC)

developed pursuant

to procedures set forth in

Sections 302.627

or 302.630.

~j

Any substance or combination of substances shall be

presumed to be toxic or harmful

to wild or domestic

animal life if present

in concentrations that exceed any

Wild and Domestic Animal Protection Criterion (WDAPC)

pursuant to Section 302.633.

~J

Any substance or combination of substances shall be

102—377

---

—16—

presumed toxic or harmful to human health

if present

in

concentrations that exceed criteria based on either of

the following:

fl

Disease or functional impairment 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

fl

Disease or functional impairment due

to a

physiological mechanism for which any dose may

cause some risk of damage calculated pursuant

to

Sections 302.651

through 302.658

(Human

Nonthreshold Criterion).

d)

The most stringent criterion

of subsections

(a),

(h),

and

(c)

shall apply at all points outside of

any mixing

zone consistent with Section 302.102.

In addition,

subsection

(a)(1)

shall apply within any mixing zone

except

in

the portion of such mixing zone where

the

Agency has approved

a ZID pursuant to Section 302.102.

Subpart

F provides the procedures for setting

forth

minimum data requirements, appropriate test protocols

and data assessment methods for establishing criteria

pursuant

to subsections

(a),

(b), and

(c).

f)

A person may challenge the validity of

a

criterion

developed by the Agency pursuant

to this Section at the

time such criterion

is applied

in an NPDES permit

pursuant

to 35

Ill.

Adm.

Code 309.152 or

in an

enforcement action pursuant

to Title

VIII

of the Act_for

violation of

the toxicity water quality standard.

If

a

criterion

is included as,

or

is used to derive,

a

condition of

an NP~ESdischarqe re~t,aoara:nn:~

challenge

the criterion

in

a permit a~üeal oursua:~rto

Section 309.181.

In

any such action,

the

Agen~yshall

have the burden

off going

forward with proof and of

persuading

the Board

of the general validity

and

correctness of application of

the criterion.

In an

enforcement action where alleged violation

of

the

toxicity water quality standard

is based on allecod

excursion of

a criterion,

the ~erson

bringing such

action shall

have the burden of ~oing

forward with proof

and of persuading

the Board of the general validity and

correctness

of application

of the criterion.

~o

enforcement action may

be brouaht allegin~excursionof

a criterion as the basis

for violation

off the

to;:~cit:v

water

quality against

a

person

if the cr~terhosn~u

either been applied

in that person’s NPDES permlior

been published

in

the Illinois Register

pursuant to3~

Ill. Adm. Code 302;669.

102—378

---

—17—

~j

Subsections

(a) through

(e) do not apply to tJSEPA

registered pesticides approved for aquatic application

and applied pursuant to the following conditions:

al)

Application shall be made in strict accordance with

label directions;

b2)

Applicator shall be properly certified under the

provisions of the Federal Insecticide, Fungicide,

and Rodenticide Act

(7 U.S.C.

135

et seq.

(1972));

e3)

Applications of aquatic pesticides must be in

accordance with the laws,

regulations and

guidelines of all State and federal agencies

authorized by law to regulate, use or supervise

pesticide applications, among which are included

the Illinois Department of Agriculture and the

Illinois Department of Public Health pursuant

to

Ill. Rev.

Stat.

1979 ch.

5, pars.

256 through 267;

and the Department of Energy and Natural Resources

pursuant

to

Ill. Rev.

Stat.

1979 ch.

96

1/2,

par.

7403.

d4)

No aquatic pesticide shall be applied to waters

affecting public or food processing water supplies

unless a permit

to apply the pesticide has been

obtained 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 their 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. Req.

_____

effective

)

102—37 9

---

—18—

SUBPART F:

PROCEDURES FOR DETERMINING

WATER QUALITY CRITERIA

Section 302.601

Scope and Applicability

This Subpart contains the procedures for determining the water

quality criteria set forth

in Section 302.210(a),

(b)

and (c).

(Source:

Added at

Ill. Reg.

effective

____________________)

Section 302.603

Definitions

As used

in this Subpart,

the following terms shall have the

meanings specified.

“Bioconcentration” means

an

increase

in concentration

off

a chemical and

its metabolites

in an organism (or

specified tissues

thereof) relative to the concentration

of the chemical

in the ambient water acquired through

contact with the water alone.

“Carcinogen” means a chemical which causes an increased

incidence of benign or malignant neoplasms,

or

a

substantial decrease

in the latency period between

exposure and onset

of neoplasms

in at least one

mammalian species

or man through epidemiological or

clinical studies.

“EC-50” means

the concentration

of

a substance

or

effluent which causes

a given effect

to 50

off

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 ex~oser-~pi~s

in a given

time period.

“LOAEL”

or

“Lowest Observable Adverse Effect Level”

means the lowest tested concentration causing

a

statistically significant increased incidence

in the

occurrence of an injurious or debilitating effect.

“MATC”

r

“Maximum Acceptable Toxicant Concentration”

means

the value obtained by calculating

the geometric

mean of the

lower and uooer chronic limits

from

a

chronic

test.

A lower chronic limit

is the

highest

tested concentration which did not cause the occurrence

of a specified adverse effect.

An upper chronic

limi

~-

is the lowest tested concentration which did cause

t:ht:

occurrence of

a specified adverse effect and

~oove

which

all tested concentrations caused such an occurrence

“NOAEL”

or

“No Observable Adverse Effect Level” meanu

102—380

---

—19—

the highest

tested concentration that does not cause a

statistically significant increased incidence

in the

occurrence of an injurious

or debilitating effect and

below which no lower test concentrations caused the same

effect.

“Resident or Indigenous Species” means species which

currently live a substantial portion of their lifecycle

or reproduce in a given body of water,

or which are

native species whose historical range includes

a given

body of water.

(Source:

Added at

Ill. Reg.

effective

____________________

)

Section 302.604

Mathematical Abbreviations

The following mathematical abbreviations have been used in this

Subpart:

exp(x)

base of

the natural logarithm,

e,

raised to x—

power

mx

natural logarithm of

x

logx

logarithm to the base

10 of

x

A**B

A raised to

the B—power

SUM(x)

summation of the values

of

x

(Source:

Added at

Ill. Req.

effective

____________________)

Section 302.606

Data Requirements

The Agency shall review,

for validity, applicability and

completeness, data used

in calculating 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 be according to methods published by tJSEPA or

nationally recognized standards organizations,

including but not

limited to methods found

in “Standard Methods”,

or methods

approved by the American Society for Testing and Materials.

See

Section 301.106.

(Source:

Added at

Ill.

Req.

_____

effective

____________________

Section

302.612

Determining the Acute Aquatic Toxicity

Criterion for an Individual Substance

—

General Procedures

a)

A chemical specific Acute Aquatic Toxicity Criterion

(AATC)

is calculated using procedures specified in

Sections 302.615 and 302.681

if acute toxicity data are

available_for_at least five

(5)

resident or indigenous

species from five

(5) different North American genera

of

102—381

---

—20—

freshwater organisms including representatives of the

following taxa:

II

Representatives of two families

in the Class

Osteichthyes (Bony Fishes).

fl

The

family Daphnidae.

~J

A benthic aquatic macroinvertebrate.

j)

A vascular aquatic plant or

a third family

in the

Phylum Chordata which may be from the Class

Osteichthyes.

~J

If data are not available for resident

or indigenous

species, data for 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.

The procedures of Section 302.615 must

be used to obtain

an

AATC for

individual substances whose toxicity

is

unaffected by ambient water quality characteristics.

The procedures of Section 302.618 must be used

if the

toxicity of a substance is dependent upon some other

water quality characteristic.

~J

If data are not available that meet the requirements of

subsection

(a),

an

AATC

is calculated by obtaining at

least one EC—50

or LC—50 value from both a daphnid

species and either fathead 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 the 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.

a)

For each s~eciesfor 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.

~J

For each genus

for which one or more

SMAV5 are

available,

the Genus Mean Acute Value

(GMAV)

is

102—382

---

—21—

calculated as the geometric mean of the SMAVs available

for the genus.

~j

The GMAV5 are ordered from high to low.

~j

Ranks

(R) are assigned to the GMAVs from

“1”

for

the

lowest

to “N”

for the highest.

If two or more GMAVs are

identical, successive

ranks are arbitrarily assigned.

~J

The cumulative probability,

P,

is calculated for each

GMAV

as R/(N

+

1).

~j

The

GMAVs

to be used

in the calculations of subsection

(g) must be those with cumulative probabilities closest

to

0.05.

If there are less than

59 GMAVs

in the total

data set,

the values utilized must be the lowest

obtained through the ranking procedures of subsections

(c)

and

(d).

‘T”

is the number of GMAV’s which are to

used

in the calculations of subsection

(g).

T

is equal

to

4 when the data set includes at least one

representative from each of

the five families

in Section

302.612 and

a representative from each of the three

families listed below.

T

is equal to

3 when the data

includes at least one representative from each of the

five families

in Section 302.612 and from one

or

two of

the families

listed below.

T is equal

to

2 when the

data set meets the minimum requirements of Section

302.612

but does not include representatives from any of

the three families listed below.

When toxicity data on

the three families listed are available,

they must be

used along with the data sets obtained for Subsection

(a)

*

fl

A benthic crustacean,

unless such was used pursuant

to Section 302.6l2(a)(3),

in which case an insect

must be utilized.

II

A member

of a family from a phylum not used in

subsections

(a),

(b)

or

f(l).

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:

5**2

=

SUM((ln

GMAV)**2)

—

((SUM(ln

GMAV))**2)/T/jSUM(P)

—

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

L

=

SUM(ln

GMAV)

—

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

A

=

L

+

0.2236

S

102—383

---

—22—

FAV

=

exp(A)

AATC

=

FAV/2

~j

If a resident or

indigenous species necessary to

maintain the commercial,

recreational or ecological

integrity of the waterbody will not be protected by the

calculated FAV, then the EC—50 or LC—50

for that species

is used as the FAV.

(Source:

Added at

Ill. Req.

_____

effective

_____________________

)

Section 302.618

Determining the Acute Aquatic Toxicity

Criterion

—

Toxicity Dependent on Water

Chemistry

If data are available

to show that acute toxicity

to two or more

species

is dependent upon a water quality characteristic,

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 least squares regression o~

the acute toxicity values on the corresponding values

of

the water quality characteristic is performed to obtain

the slope of the curve

that describes the

relationship.

Because

the best documented relationship

is that between hardness and acute toxicity of metals

and a log—log

relationship fits these data, geometric

means and natural logarithms

of both toxicity and water

quality characteristic are used

in the rest of

this

procedure

to illustrate

the method.

For relationships

based

on other

water quality characteristics,

such as

DH

2~p~erature, no transformation

or

a different

transformation may fit

the data better,

and

corresponding changes must

be made as necessary

throughout this method.

~j

Each acute slope

is

evaluated as

to whether or

not

it

is

statistically meaningful,

taking into account

the

range

and number of

tested values

of

the water quality

characteristic and 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 the relationship between acute

toxicity and

the water quality characteristic,

the AATC

is calculated using

the procedures

in Section 302.615.

~j

For each species the geometric mean,

W,

of the available

acute values

is

calculated and then each

off

the acute

values

for

a species

is divided by the mean

for

the

~pecies.

This normalizes the acute values so that the

102—384

---

—23—

geometric mean

of the normalized values for each species

individually and for any combination of species

is 1.0.

~j

The values

of the water quality characteristic,

X, are

similarly normalized for each species.

e)

All the normalized data are treated as

if they were for

the same species and a least squares regression of all

the normalized acute values on the corresponding

normalized values

of the water quality characteristic is

performed to obtain the pooled acute slope,

V.

~j

For each species the logarithmic intercept,

Y,

is

calculated using the equation:

I

=

ln W

—

V(ln X

—

in

Z).

Where:

Z

is the

SMAV

at a selected value of

the

water quality characteristic and W and X

are as specified in subsections

(c) and

(d).

~J

For each species the species mean acute intercept

is

calculated as the antilog of

I.

~J

The Final Acute Intercept (FAI)

is obtained by using the

procedures described in Section 302.615(b) through (g),

replacing “Value” with “Intercept”.

~j

The Aquatic Acute Intercept

(AAI)

is obtained by

dividing the FAI by

two.

jJ

Using the value of V from subsection

(e) and the value

of

AAI

from subsection

(1), the

AATC

is calculated as:

AATC

=

exp(V ln

x

+

ln

AAI

—

V

(ln Z)).

(Source:

Added

at

_________

Ill.

Req.

_____

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:

~j

Not more than 50

of test organisms from the most

sensitive species tested may exhibit mortality or

immobility after

a 48—hour

test for invertebrate or

a

96—hour

test for fishes.

102—385

---

—24—

~j

Three resident or indigenous species of ecologically

diverse taxa must be tested initially.

If data are not

available for resident or indigenous species, data for

non—resident species may be used if the non—resident

s~eciesis of the same family or or genus and has

a

similar habitat and environmental tolerance.

(Source:

Added at

Ill.

Reg.

_____

effective

____________________

Section 302.627

Determining

the Chronic Aquatic Toxicity

Criterion for an Individual Substance

—

General Procedures

A chemical—specific Chronic Aquatic Toxicity Criterion

(CATC)

is calculated using procedures 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:

II

Representatives of

two families

in the Class

Osteichthyes

(Bony Fishes)

~j

The family Daphnidae.

~J

A benthic aquatic macroinvertebrate.

~J

An alga (96—hour test)

or

a vascular aquatic plant.

~J

A CATC

is derived

in the

same manner as the FAV

in

Sections 302.615 or 302.618 by substituting CATC for FAV

or

FAI, chronic

for acute,

MATC

for LC—50,

SMCV (Species

Mean Chronic Value)

for

SMAV,

and GMCV

(Genus Mean

Chronic Value)

for

GMAV.

c)

If data are

not available to meet the requirements

of

subsection

(a),

a CATC

is calculated by dividing

the FAV

by the highest acute—chronic ratio obtained from

at

least one fish and one invertebrate species.

The

acute—chronic ratio for

a species equals

the acute

toxicity 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.

~

If the toxicity of

a substance

is

related

to any

water q~ialityparameter,

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

this

subsection must

be given

to data from acute and

chronic

tests done by the same author or

in the

102—336

---

—25—

same reference in order

to increase the likelihood

of comparable test conditions.

j)

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.

j~j

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

toxicity to water quality parameters.

~j

If the acute and chronic toxicity data indicate

that the acute—chronic ratio varies with changes

in

water quality parameters,

the acute—chronic ratio

used over specified values of the water quality

parameters must be based on the ratios

at water

quality parameter values closest to those

specified.

~J

If acute—chronic ratios are unavailable

for at least two

North American freshwater species,

the CATC must be

calculated by dividing the FAV by a factor

of

25.

~j

If

a resident

or indigenous species necessary to

maintain the commercial, recreational or ecological

integrity of the water body will not be protected by the

calculated CATC,

then the MATC for that species

is used

as the CATC.

(Source:

Added at

Ill. Req.

_____

effective

____________________

)

Section 302.630

Determining the Chronic Aquatic Toxicity

Criterion

—

Procedure for Combinations of

Substances

A CATC for any combination of substances

(including effluent

mixtures) may be determined by toxicity testing procedures

pursuant to the following:

a)

No combination of substances may exceed concentrations

greater than

a NOAEL as determined for the most

sensitive of the species tested.

~

Three resident or indigenous species of ecologically

diverse taxa must be tested initially.

If data are not

available for resident or indigenous species,

data for

non—resident species may be used if the non-resident

102—3~7

---

—26—

species

is of the same family or genus and has a similar

habitat and environmental tolerance.

(Source:

Added at

Ill. Req.

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 ingestio~~ff

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

the WDAPC.

Additional considerations in selecting NOAEL

include:

fl

If the NOAEL

is given

in milligrams of

toxicant per

liter of water consumed (mg/l),

prior

to

calculating the WDAPC,

the NOAEL must be multiplied

by the daily average volume of water consumed by

the test animals

in liters per day

(l/d) and

divided by the average weight of the test animals

in kilograms

(kg).

~J

If the NOAEL is given

in milligrams of toxicant per

kilogram of food consumed

(mg/kg),

prior

to

calculating the WDAPC,

the NOAEL must

be multiplied

by

the average amount of food

in kilograms consumed

daily by

the

test animals

(kg/d) and divided b~~J~e

average weight

of

the test animals

in kilograms

(kg).

3)

If the animals used

in

a study were not exposed

to

the toxicant each day of the test period,

the

NOAEL

must

be multiplied by the

ratio of days

off exposure

to the total days

in the test period.

~J

If more than one NOAEL

is available for 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

(LOAEL)

has

been derived

from studies of animal species exposed to

the substance via oral

routes including gavaqe,

one—tenth of

the LOAEL may be substituted

for the NOAEL.

102—388

---

—27—

~j

The LOAEL must be selected

in the same manner as that

specified for the NOAEL

in subsection

(a).

~

The WDAPC, measured in milligrams per liter

(mg/i),

is

calculated according to the equation:

WDAPC

=

0.1

NOAEL x Wt/W

+

(F x BCF)

Where:

NOAEL

is derived from mammalian or avian

studies as specified in subsection

(a)

and

(b), and is measured 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 consumed per day

(l/d)

by the test

animals.

F

=

Average daily amount of food consumed

by the test animals

in kilograms (kg/d).

BCF

=

Aquatic life Bioconcentration

Factor with units

of liter

per kilogram

(1/kg),

as derived

in Sections 302.660

through 302.666.

The 0.1 represents an uncertainty factor

to account for species variability.

~j

If

no studies pertaining to the toxic substance

in

question can be found by the Agency, no criterion can be

determined.

(Source:

Added at

Ill. Reg.

effective

____________________)

Section 302.642

The Human Threshold Criterion

The Human Threshold Criterion

(HTC)

is the concentration of

a

substance which protects humans from adverse effects resulting

from incidental exposure

to,

or ingestion of, surface waters of

the State and from ingestion of aquatic organisms taken from

surface waters 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. Req.

effective

____________________

)

Section 302.645

Determining The Human Threshold Criterion

—

102—389

---

—28—

General Procedures

The Acceptable Daily Intake

(ADI)

represents

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

acceptable daily intake.

The lowest of the following ADI values:

fl

For those substances which are listed with

a

maximum contaminant

level

in

40 CFR 141,

incorporated by reference in

35

Ill. Adm. Code

301.106,

or

in 35

Lii. Adm. Code

611,

the ADI

equals the product of multiplying

the maximum

contaminant level given

in milligrams per liter

(mg/i)

by

2 liters per day

(l/d).

~J

For those substances which are listed with

a

maximum allowable concentration standard

in

35

Ill.

Adm. Code.Subtitle F,

the acceptable daily intake

equals the product of multiplying

the public health

enforcement standard given

in milligrams per liter

(mg/i) by

2 liters per day

(l/d).

~j

For those substances

for which

a no observed adverse

effect

level

(NOAEL—H)

for humans exposed to

the

substance

in drinking water has been derived,

the

acceptable daily intake equals the product of

multiplying one—tenth of

the NOAEL-H given

in milligrams

of toxicant per liter

of water consumed

(mg/i),

by

2

liters per day

(l/d).

The lowest NOAEL—H must

be used

in the calculation of the acceptable daily

intake.

c~

For

those substances

for which

the

lowest observed

adverse

effect

level

(LOAEL—H)

for

humans exrosed

to

the

substance

in

drinkina

water

has

been

derived,

one-hundredth

of

the

LOAEL-H

may

be

substituted

for

the

NOAEL—H

in

subsection

(b).

~j

For

those

substances

for

which

a

no

observed

adverse

effect

level

(NOAEL—A)

has

been

derived

from

studies

of

mammalian

test

species

exposed

to

the

substance

via

oral

routes

including

gavage,

the

acceptable

daily

intake

equals

the

product

of

multiplying

1/100

of

the

NOAEL-A

given

in

milligrams

toxicant

per

day

per

kilogram

of

test

species

weight

(mg/kg—d)

by

the

average

weight

of

an

adult

human

off

70

kilograms

(kg).

The

lowest

NOAE~—A

among

animal

species

must

be

used

in

the

calculation

off

the

acceptable

daily

intake.

Additional

considerations

in

selecting

the

NOAEL-A

include:

~j

If

the

NOAEL—A

is

given

in

milligrams

of

toxicant

per

liter

of

water

consumed

(mg/i)

then,

prior

to

102—390

---

—29—

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).

j)

If the NOAEL—A

is given in milligrams of toxicant

per kilogram of food consumed (mg/kg), prior

to

calculating the acceptable daily intake the NOAEL—A

must be multiplied by the average 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).

~J

If

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.

~j

If

more

than

one

NOAEL-A

is

available for the same

mammalian test species,

the geometric mean of the

NOAEL-As must be used.

For those substances

for which a NOAEL—A is not

available but the lowest observed adverse effect level

(LQAEL—A) has been derived from studies of mammalian

test species exposed to the substance via oral routes

including gavage, one—tenth of

the LOAEL—A may be

substituted for

the NOAEL-A in subsection

(d).

The

LOAEL—A must be selected in the same manner as that

specified for the NOAEL—A in subsection d.

~J

If no studies pertaining

to the toxic substance in

question can be found by the Agency,

no criterion can be

determined.

(Source:

Added at

_________

Ill. Reg.

_____

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/i).

ADI

=

Acceptable daily intake of substance in

milligrams per day

(mg/d)

as specified in Section

302.645(a).

102—39 1

---

—30—

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 water

supply,

or equal

to 0.01 liters per day

(l/d) which represents

incidental exposure through body contact

or

ingestion of small volumes of water while

swimming

or during other recreational activities

in 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 Bioconcentration Factor

with

units

of

liter

per kilogram

(1/kg)

as derived

in

Sections

302.660

through

302.666.

(Source:

Added at

Ill.

Reg.

_____

effective

____________________

Section 302.651

The

Human Nonthreshoid

Criterion

The Human Nonthreshold Criterion

(HNC)

is the concentration of

a

substance which protects humans from an unreasonable risk of

disease caused by

a nonthreshold toxic mechanism resulting from

incidental exposure to or

ingestion of surface waters

of the

State and from ingestion of aquatic organisms taken from surface

waters of the State.

HNCs are derived for those

toxic substances

for which any exposure, regardless

of extent, carries some risk

of damage.

Most substances regulated under

this section cause

cancer (carcinogen)

or

mutations

(rnutagen),

however,

other

deleterious effects may be

identified

in the future.

(Source:

Added at

Ill. Req.

effective

____________________

Section

302.654

Determininq The Human

Nont:hreshold Criterion

2

General

Procedures

The Risk Associated Intake

(RAI)

represents

the maximum amount of

a

substance

which

if ingested daily

for

a

lifetime

is

expected to

result

in

the

risk

of

one

additional

case

of

human

cancer

in

a

population of one hundred thousand.

The risk associated intake

must be derived as specified

in subsections

a through

c.

~J

For those

substances

for which a human epidemiologic

study

has

been

performed,

the

RAI

equals

the

product

of

the

exposure

level

that

results

in

a

70—year

lifetime

cancer

probability

of one

in

one

hundred

thousand,

times

the

average

weight

of

an adult human of

70 kilograms

(kg).

The

result

is

expressed

in

milligrams

toxicant

per kilogram body weight

per day (mg/kg--d~~

If more

than one human epidemiologic study

is available,

the

lowest exposure

le’~’el resulting

in

a 70—year

lifetime

probability of cancer equal

to a ratio

off one

in one

102—392

---

—31—

hundred thousand must be used

in calculating the

RAI.

In the absence of

an epidemiologic study,

for those

toxic substances for which

a carcinogenic potency factor

has been derived from studies of mammalian test species

the risk associated intake

is calculated from the

equation:

RAI

=

70 kg/(CPF x 100,000)

Where:

RAI

=

Risk associated intake

in

milligrams

per

day

(mg,”d).

70kg

=

Average weight of an adult human.

1

in 100,000

=

Cancer

risk level

CPF

=

Carcinogenic Potency Factor

in

inverse milligram per kilogram per day

(kg-d/mg)

as

derived

in

subsections

(b)(l)

through

(b)(5).

,~j

Only those studies which

fulfill

the data

requirement criteria of Section 302.606 must be

used

in calculating

the CPF.

~j

The linear non—threshold dose—response relationship

developed in the same manner

as

in the USEPA

document “Mutagenicity and Carcinogenicity

Assessment of 1,3—butadiene”,

incorporated by

reference

in

35

Iii.

Mm.

Code 301.106.

The

carcinogenic potency estimate must be taken

as the

exposure level where the cancer

risk level of one

in 100,000

is the 95th percentile upper bound of

risk.

The Agency must review alternate protocols

for scientific equivalency

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:

~j

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 in

some of the test animals,

these should

be pooled so

that

the

dose

response

relationship

is

dose

versus

number

of tumors per animal.

The potency estimate

for this dose response relationship

is used

if

it

is higher than estimates resulting from other

methods.

~j

If two or more studies are identical regarding

102—393

---

—32—

species, strain and sex of the test animal, and

tumor

type,

the

highest

of

the

CPFs

is

used.

LI

Calculation of an equivalent dose between animal

species and humans using

a surface area conversion,

and conversion of units of exposure to milligrams

of

toxicant per day

(mg/d)

must be performed as

specified

in GPO document

“Quality Criteria for

Water

1986”,

incorporated

by

reference

in

35

Ill.

ADm. Code 301.106.

8)

If

more

than

one

carcinogenic

chemical

is

present

in an effluent,

the total additive

risk allowed

is

one

in 10,000.

~J

If both

a human epidemiologic

study and

a study

of

mammalian

test

species meet the criteria specified

in

subsections

(a) ~

the risk associated intake

is

determined

as follows:

1)

When

the human epidemiologic study predicts

a

carcinogenic

effect

to

humans,

the

risk

associated

intake

calculated

from

the

human epidemiology

study

as

specified

in

subsection

(a)

is

used

to

caculate

the

human

cancer

protection

criterion

as

specified

in

Section

302.657.

~J

When

the

mammalian

study

predicts

a

carcinogenic

effect

to

humans,

but

the

human

epidemiologic

study

does

not,

a

cancer

risk

to

humans

is

assumed

and

the

risk

associated

intake

is

calculated

as

specified

in

subsection

(b)

(Source:

Added

at

Ill.

Reg.

effective

-____________________

Sect ion

302.657

t)etermini n~The Hunan Ncnthreshold

Cr

tarion

The

HNC

is

calculated

according

to

the

equation:

HNC

=

RAI/W

+

(F

x

BCF)

Where:

HNC

Human

Nonthreshold

protection

Criterion

in

milligrams

per

liter

(mg/i).

RAI

=

Risk

Associated

Intake

of

substance

in

milligrams

per

day

(mq/d)

which

is

associated with

a

lifetime

cancer

risk

level

ecua

to

a

rat.c oi

one

to

100,000

as

derived

~n

Section

i02.ô5-~(b).

W

=

Per

capita

daily

water

consumption

eciual

to

2

liters

per

day

(l/d)

for

surface

waters

at

the

point

off

intake

off

a

public

cr

food~sino

water

supply,

or

equal

to

0.01

liters

per

day

(l/d)

1

02—39

/~

---

—33—

which represents incidental exposure throuqh

contact or

ingestion of small volumes of water

while swimming or during other recreational

activities

for surface waters classified

for

primary contact recreational use.

F

=

Assumed daily fish consumption in the United

States equal

to 0.020 kilograms per day (kg/d).

BCF

=

Aquatic life Bioconcentration Factor with

units of liter per kilogram (1/kg) as derived

in

Section 302.663.

(Source:

Added at

Ill. Reg.

_____

effective

____________________)

Section 302.658

Stream Flow for Application of Human

Nonthreshold Criterion

The HNC shall apply at all times except during periods when flows

are less than the harmonic mean flow, as determined by:

Qhm

=

N

/

SUM(l/Qi)

Where:

Qhm

=

harmonic mean flow

N

=

number of daily values for stream flows

Qi

=

daily streamflow value on day i.

(Source:

Added at

Ill. Req.

effective

____________________

Section 302.660

Bioconcentration Factor

A Bioconcentration Factor

is used to relate substance residue

in

aquatic organisms to the concentration of the substance in the

waters

in which the organisms reside.

(Source:

Added at

Ill.

Req.

_____

effective

____________________)

Section 302.663

Determination of Bioconcentration Factors

A Bioconcentration Factor equals the concentration of a substance

in all or part of an aquatic organism in milligrams per kilogram

of wet tissue weight

(mg/kg), divided by the concentration of the

substance

in the water

to which the organism is exposed

in

milligrams of the substance per

liter of water

(mg/l).

~j

The Bioconcentration Factor

is calculated from a field

study

if

the following conditions are met:

fl

Data are available to show that the concentration

102—395

---

—34—

of the substance

in the water

to which the organism

was exposed remained constant over the range of

territory inhabited by the organism and for a

period of time exceeding 28 days

~j

Competing mechanisms for

removal of the substance

from solution did not affect the bioavailability of

the substance; and

21

The concentration of the substance to which the

organism was exposed

is less than the lowest

concentration causing any adverse effects on the

organism.

~J

In

the

absence

of

a

field-derived

Bioconcentration

Factor,

the Bioconcentration Factor

is calculated from a

laboratory test

if the following conditions are met:

fl

The Bioconcentration 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

Bioconcentration 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

21

The

concentration

of

the

toxic

substance

to

which

the

test

orqanism was

exposed

is

less

than the

1n~est concentration caur :~g~nv_adverseefffcct:s

on

the organism

~

If

more

than

one

Bioconcentration

Factor

for

the

same

species

is

available,

the

geometric

mean

of

the

Bioconcentration

Factors

is

used;

and

~j

The Bioconcentration Factor

is

calculated

on

a

wet

tissue weight basis.

A Bioconcentration Factor

calculated using dry tissue weight may

be converted

to

a

wet

tissue

weight

basis

by

mu1tiplvin~~e

dry

weight ~ioconcentration value by

0.1

for

plankton

and

by

0.2

for

individual

species

of

fishes

and

invertebrates.

~j

In

the

absence

ofany

Bioconcentration

Factors

measured

from

field

studies

as

specified

in

subsection

(a)

or

laboratory

studieswhich

have

reached

steady—state

as

specified

in subsection

(b),

the Bioconcentration Factor

102—396

---

—35—

is calculated according to the equation:

log BCF

=

(0.79 log Kow)

—

0.40

Where:

BCF

=

Bioconcentration Factor

Kow

=

The octanol/water partition

coefficient measured as specified in ASTM

E 1147,

incorporated by reference in

35

Ill. Adm. Code 301.106.

If the Kow is

not available from laboratory testing,

it

may be calculated from structure—activity

relationships or available regression

equations.

(Source:

Added at

Ill.

Req.

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

below:

~j

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 of indigenous wild and

domestic animal species

is used.

Additional

considerations in deriving a Bioconcentration Factor

include:

fl

An edible portion Bioconcentration Factor

is

converted to

a whole body Bioconcentration Factor

for

a fish or shellfish species by multiplying the

edible portion Bioconcentration Factor by the ratio

of the percent lipid

in the whole body to the

percent lipid

in the edible portion of the same

species.

A Bioconcentration Factor calculated as described

in Section 302.663(c)

is converted to

a whole body

Bioconcentration Factor by multiplying the

calculated Bioconcentration Factor by the ratio of

the percent lipid in the whole body to 7.6.

P1

When calculating either

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 edible portion Bioconcentration Factors for

fish and shellfish species consumed by humans

is used.

Additional considerations in deriving

a Bioconcentration

102—397

---

—36—

Factor include:

3j

Edible portions include:

~j

Decapods

——

muscle tissue.

~J

Bivalve molluscs

——

total living tissue.

çj

Scaled fishes

——

boneless, scaleless filets

including skin except

for bloater chubs

in

which the edible portion

is the whole body

excluding head,

scales and visera.

D)

Smooth—skinned fishes

——

boneless, skinless

filets.

~

A whole body Bioconcentration Factor

is converted

to an edible portion Bioconcentration Factor b1

multiplying

the

whole

body Bioconcentration Factor

of

a

species

by

the

ratio

of

the

percent

lipid

in

the

edible

portion

to

the

percent

lipid

in

the

whole body of

the same species.

3)

A Bioconcentration Factor calculated as described

in Section 302.663

is converted to an edible

portion

Bioconcentration

Factor

by

multiplying

the

calculated Bioconcentration Factor by the ratio of

the

percent

lipid

in

the

edible

portion

to

7.6.

(Source:

Added

at

Ill.

Reg.

_____

effective

____________________

Section 302.669

Listing

of Derived Criteria

The

Ag~pcy~shafl

develop and maintain

a listing of

toxicity

cri

t-~

:a

dcr~ed

unde

th

i s

~ i~oart

Thi s

~ss~l1neT~d~

availanle

to

tne

public

and

u~oatea

pericd~cal±y

our

no

Less

frequently

than

quarterly,

and

shall

be

published

when

updated

in

the

Illinois

Register.

(Source:

Added

at

Ill.

Req.

_____

effective

102—398

---

—37—

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE

C:

WATER POLLUTION

CHAPTER

I:

POLLUTION CONTROL BOARD

PART

303

WATER USE DESIGNATIONS AND SITE SPECIFIC

WATER QUALITY STANDARDS

SUBPART A:

GENERAL PROVISIONS

Section

303.100

303.101

303.102

Section

303.200

303.201

303. 202

303.203

303.204

Scope and Applicability

Multiple Designations

Rulemaking Required

SUBPART B:

NONSPECIFIC WATER USE DESIGNATIONS

Scope and Applicability

General Use Waters

Public and Food Processing Water Supplies

Underground Waters

Secondary Contact and Indigenous Aquatic Life Waters

SUBPART

C:

SPECIFIC

USE

DESIGNATIONS

AND

SITE

SPECIFIC

WATER QUALITY STANDARDS

Section

303.300

303.301

303.311

303.312

303.321

303.322

303.331

303.341

303.351

303.352

303.353

303.361

303.362

303.441

303.442

303.443

APPENDIX A

APPENDIX B

Scope and Applicability

Organization

Ohio River Temperature

Waters Receivinq Fluorspar Mine Drainage

Wabash River Temperature

Unnamed Tributary of the Vermilion River

Mississippi River North Temperature

Mississippi River North Central Temperature

Mississippi River South Central Temprature

Unnamed Tributary of Wood River Creek

Schoenberger Creek; Unnamed Tributary of Cahokia Canal

Mississippi River South Temperature

Horseshoe Lake Mixing Zone and ZID

Secondary Contact Waters

Waters Not Designated for Public Water Supply

Lake Michigan

SUBPART D:

THERMAL DISCHARGES

Scope and Applicability

Lake Sangchris Thermal Discharges

References

to Previous Rules

Sources of Codified Sections

Section

303. 500

303.502

102—399

---

—38—

AUTHORITY:

Implementing Section 13 and authorized by Sec-

tion

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.

27,

p.

221, effective July

5,

1978;

amended at

3

Ill. Reg.

20,

p.

95, effective May 17,

1979;

amended at

5

Ill. Req.

11592, effective October

19,

1981;

codified at

6

Ill. Req.

7818; amended at

6

Ill.

Reg.

11161,

effective September

7,

1982;

amended at

7

Ill.

Reg.

8111,

effective June

23,

1983; amended

in R87—27 at

12

Ill.

Reg.

9917,

effective May

27,

1988;

amended

in R88—2i at

____

Ill.

Req.

___________,

effective ______________________

SUBPART C:

SPECIFIC USE DESIGNATIONS AND

SITE

SPECIFIC

WATER

QUALITY

STANDARDS

Section 303.362

Horseshoe Lake Mixing Zone and ZID

This Section applies

to discharge from Granite City Division of

National Steel Corporation into Horseshoe Lake.

Such dischage

shall have a mixing zone of

26 acres and a ZID of

1,000 square

feet

for

purposes

of

determining

the

application

of

standards,

limits and criteria

in

35

Ill. Mm.

Code Part 302.

(Source:

Added at

Ill. Reg.

effective

_____________________

)

102—400

---

—39—

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 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

~-,

pars.

1013 and 1027).

SOURCE:

Filed with the Secretary of State January

1,

1978;

amended at

3

Ili. Req.

25,

p.

190, effective June 21,

1979;

codified at

6

Ill. Req.

7818; amended at

8

Ill.

Reg.

1600,

effective January 18,

1984; amended in R88—l at

13

Ill. Reg.

5989, effective April 18,

1989;

amended

in R88—2l at

____

Ill.

Req.

___________,

effective ______________________

Section 305.102

Reporting Requirements

a)

Every person within this State operating a pretreatment

works, treatment works,

or wastewater source shall

submit operating

reports to the Agency at a frequency to

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;

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.

3~

B~eher~e~x~e pe~~y

~

irt See~4~

the ?~ea~We~erAe~7~r ~

wh4eh

may

it~e~fere

w~h

the

~rea~men~

preee~r~

the

reee~~

ea~mei~w~rk~~r a~e

b~ee~~

~e~a~en~

em~±~a~ed

tinder See~en38~e~the

e~eam

Water Aet

teWA-)~~

~S3

B~S~eT

~

e~~

~

Be~ar~e~S

er mere o~

the

~

hydrati~eHew

102—401

---

—40—

reee4ved by the ~ree~men~ work~i-or

~j-

Beherge

~S

or

mere o?

the ~o~ea3

bio3eg~ea1

3eading reee~vedby

the

~rea’emen~works as measured

by

S-day

b4ec~emiea~oxygen demartth-

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 eChapter.

c)

Compliance with the reporting requirements of 35

Ill.

Adm.

Code

310 satisfies this reporting requirement.

(Source:

Amended at

_________

Ill. Reg.

effective

____________________)

102—402

---

—41—

TITLE 35 ENVIRONMENTAL PROTECTION

SUBTITLE C:

WATER POLLUTION

CHAPTER

I:

POLLUTION CONTROL BOARD

PART 309

PERMITS

SUBPART A:

NPDES PERMITS

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

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 of Pollutants

(Repealed)

Authorization to Construct

Sewage Sludge Disposal

Total Dissolved Solids Reporting and Monitoring

Appeal of Final Agency Action on a Permit Application

Authority to Modify, Suspend or Revoke Permits

Revision of Schedule of Compliance

Permit Modification Pursuant

to Variance

Public Access

to Information

Effective Date

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

309.151

309.152

309.153

309.154

309.155

309. 156

309.181

309.182

309.183

309.184

309.185

309.191

102—403

---

—42—

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 or Modified Sources

Operating Permits;

Existing Sources

Joint Construction and Operating Permits

Experimental Permits

Former Permits

(Repealed)

Permits for Sites Receiving Sludge for Land Application

Applications

—

Contents

Applications

—

Signatures and Authorizations

Applications

—

Registered or Certified Mail

Applications

—

Time to Apply

Applications

—

Filing and Final Action by Agency

Standards for Issuance

Duration of Permits Issued Under

Subpart

B

Conditions

Appeals from Conditions

in Permits

Permit No Defense

Design, Operation and Maintenance Criteria

Modification of Permits

Permit Revocation

Approval of Federal Permits

Procedures

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.

111

~

,

pars.

1013,

1013.3

and

1027).

SOURCE:

Adopted

in P71—14,

at

4 PCB

3,

March

7,

1972;

amended

in R73—11,

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 PCB 477,

at

2

Ill. Reg.

16,

p.

20, effective

April

20, 1978;

amended

in R79—l3,

at

39 PCB 263,

at

4

Ill.

Req.

34,

p.

159, effective August

7,

1980;

amended

in R77—l2B,

at

41

PCB 369,

at

5

Ill.

Req.

6384, effective

May

28,

1981;

amended

in

R76—2l,

at

44 PCB 203,

at

6

Ill.

Peg.

563, effective December

24,

1981;

codified

6

Ill.

Req.

7818;

amended

in P82—5,

10,

at

54

PCB 411, at

8

Ill.

Req.

1612,

effective January

18,

1984;

amended

in

P86—44

at

12

Ill.

Req.

2495 effective January

13,

1988; amended

in P88—i at

13

Ill. Req.

5993,

effective April

18,

1989;

amended

in

P88—21

at

____

Ill.

Req.

___________

effective

________________________

SUBPART

A:

NPDES PERMITS

Section 309.103

ApplicatIon

-—

General

102—404

---

—43—

a)

Application Forms

1)

An applicant for an NPDES Permit shall file an

application,

in accordance with 35

Ill. Adm. Code

309.223 hereof, on forms provided by the Agency.

Such forms shall comprise the NPDES application

forms promulgated by the U.S. Environmental

Protection Agency for the type of discharge for

which an NPDES Permit

is being sought and such

additional information as the Agency may reasonably

require

in order

to determine that the discharge or

proposed discharge will be

in compliance with

applicable state and federal requirements.

2)

In addition to the above application forms,

the

Agency may require the submission of plans and

specifications for treatment works and summaries of

design criteria.

21

In addition to the above application forms,

the

Agency may require the installation, use,

maintenance and reporting of results from

monitoring equipment and methods, including

biological monitoring.

The Agency may require

effluent toxicity testing to show compliance with

Sections 302.621 and 302.630.

Should aquatic

toxicity

be apparent, the Agency may require

further testing and identification of the

toxicant(s) pursuant

to Section 302.210(a).

b)

Animal Waste Facilities.

An applicant for an NDPES

Permit

in connection with the operation of an animal

waste facility shall complete,

siqn,

and submit an NPDES

application in accordance with the provisions of Pare

35

Ill. Adm. Code 500 et seq.

C)

Mining Activities

1)

If, as defined by See~4en35

Ill.

Adm. Code

402.101, mining activities are to be carried out on

a facility for which an NPDES Permit

is held or

required,

the applicant must submit

a permit

application as required by See~4en35

Ill. Adm.

Code 403.103, 403.104 and 405.104.

If the facility

will have

a discharge other than a mine discharge

or non—point source mine discharge as defined by

See~en 35

Ill.

Adm. Code

402.101,

the applicant

shall also submit an NPDES Permit application in

accordance with Section 309.223 on forms supplied

by the Agency.

2)

As provided by See~on 35

Ill.

Adm. Code 403.101,

except

to the extent contradicted

in

35 Ill.

Adm.

Code Subtitle

D,

Chapter

I,

the rules contained in

102—405

---

—44—

this Subpart A of 35 ~

Adm~eode 309 apply

to

35

Ill Adm.

Code Subtitle D, Chapter ~I NPDES Permits.

3)

As provided by See~4on 35 Ill. Adm. Code 406.100,

except

to the extent provided

in

35

Ill. Adm. Code

Subtitle D, Chapter

I, the effluent and water

quality standards of Pares 35 Iii. Adm. Code 302,

303 and 304 are inapplicable to mine discharges and

non—point source mine discharges.

d)

New Discharges

Any person whose discharge will begin after

the

effective date of this Subpart A or any person having an

NPDES Permit issued by the U.S. Environmental Protection

Agency for an existing discharge which will

substantially change in nature,

or increase

in volume or

frequency, must apply for

an NPDES Permit either:

1)

No later than 180 days

in advance of the date on

which such NPDES Permit will be required;

or

2)

In sufficient time prior

to the anticipated

commencement

of

the

discharge

to

insure

compliance

with

the

requirements

of

Section

306

of

the

CWA,

or

with any applicable zoning or siting requirements

established pursuant

to Section 208(b)(2)(C)

of the

CWA, and any other applicable

water quality

standards and applicable effluent standards and

limitations.

e)

Signatures

An

application

submitted

by

a

corporation

shall

be

signed by

a principal executive officer

of at

least the

level of vice president,

or his duly authorized

representative,

if

such

representative

is

responsible

for

the

overall

operation

of

the

facility

from

which

the

discharge

described

in

the

application

form

originates.

In

the

case

of

a

partnership

or

a

sole

proprietorship,

the application shall be signed by a

general partner

or the proprietor,

respectively.

In the

case of

a publicly owned facility,

the application shall

be

signed

by

either

the

principal

executive

officer,

ranking

elected

official,

or

other

duly

authorized

employee.

(Source:

Amended at

_________

Ill.

Peg.

_____

effective

Section 309.152

Toxic Pollutants

a)

Any NPDES Permit issued shall

include as

a condition

102—406

---

—45—

that

if a toxic effluent standard-, or prohibition, or

criterion (including any schedule of compliance

specified in such effluent standard or prohibition)

is

established under See~4on30~fa)~

of

the ~WA

35

Ill. Adm.

Code 302.Subpart

F for a toxic pollutant which is

present

in the permittee’s discharge and such standard

or prohibition is more stringent than any limitation

upon such pollutant in the NPDES Permit,

the Agency

shall revise or modify the permit

in accordance with the

more stringent standard or prohibition and shall so

notify the permittee.

p1

A permittee shall be deemed

in compliance with

its NPDES

Permit limitations or prohibitions established under

the

narrative toxic standards of

35

Ill.

Adm.

Code 302.210

for

a toxic pollutant which

is limited in the

permittee’s

discharge

permit

for

the

duration

of

the

permit

or

until

such

time

as

the

permit

is

revised

or

modified.

(Source:

Amended at

_________

Ill. Peg.

_____

effective

____________________

IT

IS SO ORDERED

J.D. Dumelle concurs.

I,

Dorothy

M. Gunn, Clerk of

the Illinois Pollution Control

Board, hereby certify~that the above Order was adopted on

the

,5/~L~-

day of

~

,

1989,

by a vote of

~-Q

Ii

n,

Clerk

ion Control Board

102—407