ILLINOIS POLLUTION CONTROL BOARD
    May 25,
    1989
    IN THE MATTER OF:
    PROPOSED AMENDMENT TO
    )
    R87—6
    PHOSPHORUS EFFLUENT STANDARD,
    35
    ILL.
    ADM. CODE
    304.123
    )
    CORRECTION TO PROPOSED OPINION AND ORDER OF THE BOARD
    (by
    3.
    Anderson):
    In
    its Proposed Opinion
    of May 11,
    1989,
    the Board on Page
    20, first full paragraph,
    noted
    the potential burden of
    demonstrating that
    a given point source of phosphorus,
    if
    untreated
    for removal
    of phosphorus would contribute less than
    3
    of the phosphorus loading
    of all tributaries
    to the receiving
    lake
    or reservoir.
    The proposed opinion then states
    as follows:
    ~Therefore,
    the Board
    will
    amend
    the
    rule
    to
    require
    that
    the
    1973
    federal
    National
    Eutrophication Surveys
    (NES) data,
    as adjusted
    by
    IEPA
    to
    reflect
    estimated
    improvements
    in
    non—point
    source
    control,
    be
    utilized
    until
    such
    time
    as
    a
    more
    current
    data
    base
    is
    adopted
    by
    regulation
    for
    the
    affected
    watershed system.”
    In its proposed Order,
    the proposed amendment to Section
    304.123 was not altered
    to reflect the Board’s intent
    in this
    regard.
    Therefore,
    the Board today corrects this oversight.
    The
    correction consists of adding
    a single sentence at the end of
    subsection
    (c)(2).
    For the sake of convenience,
    the entire
    proposed amendment
    is set forth
    in the Order
    below.
    ORDER
    The Board hereby proposes the following revised and
    corrected proposed amendment
    for Second First Notice,
    which
    is
    to
    be filed with the Joint Committee on Administrative Rules.
    TITLE
    35:
    ENVIRONMENTAL PROTECTION
    SUBTITLE C:
    WATER POLLUTION
    CHAPTER I:
    POLLUTION CONTROL BOARD
    PART 304
    EFFLUENT STANDARDS
    SUBPART A:
    GENERAL EFFLUENT STANDARDS
    99—337

    —2—
    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. 211)
    304. 212
    304. 213
    304. 214
    304. 215
    304. 216
    304. 219
    304.220
    Section
    304.301
    304. 302
    Wastewater Treatment Plant Discharges of the
    Metropolitan Sanitary District
    of Greater Chicago
    Chlor—alkali Mercury Discharges
    in
    St. Clair County
    Copper Discharges
    by Olin Corporation
    Schoenberger Creek: Groundwater Discharges
    John Deere Foundry Discharges
    Alton Water Company Treatment Plant Discharges
    Galesburg Sanitary District Deoxygenating Wastes
    Discharges
    City
    of Lockport Treatment Plant Discharges
    Wood River Station Total Suspended Solids
    Discharges
    Alton Wastewater Treatment Plant Discharges
    Sanitary District of Decatur Discharges
    Union Oil Refinery Ammonia Discharge
    Mobil Oil Refinery Ammonia Discharge
    City of Tuscola Wastewater Treatment Facility
    Discharges
    Newton Station Suspended Solids Discharges
    North Shore Sanitary District Phosphorus Discharges
    East St. Louis Treatment Facility,
    Illinois—
    American Water Company
    SUBPART
    C:
    TEMPORARY EFFLUENT STANDARDS
    Exception
    for Ammonia Nitrogen Water Quality
    Violations
    City
    of Joliet East Side Wastewater Treatment Plant
    99—338

    —3—
    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.
    ill 1/2 pars.
    1013 and 1027).
    SOURCE:
    Filed with
    the Secretary of State January
    1,
    1978;
    amended at
    2
    Ill.
    Reg.
    30,
    p.
    343, effective July 27,
    1978;
    amended at
    2 Ill.
    Peg.
    44,
    p.
    151, effective November
    2,
    1978;
    amended at
    3 Ill.
    Req.
    20,
    P.
    95, effective May 17,
    1979;
    amended
    at
    3
    Ill.
    Reg.
    25,
    p.
    190,
    effective June
    21,
    1979;
    amended
    at
    4
    Ill.
    Req.
    20,
    p.
    53, effective May 7,
    1980; amended
    at
    6
    Ill.
    Reg.
    563, effective December
    24,
    1981;
    codified at
    6 Ill.
    Peg.
    7818;
    amended at
    6
    Ill.
    Peg.
    11161,
    effective September
    7,
    1982;
    amended
    at
    6 Ill.
    Peg.
    13750,
    effective October
    26,
    1982;
    amended
    at
    7
    Ill. Req.
    3020,
    effective March
    4,
    1983;
    amended at
    7
    Ill.
    Req.
    8111,
    effective June
    23,
    1983;
    amended
    at
    7
    Ill. Peg.
    14515,
    effective October
    14,
    1983;
    amended
    at
    7 Ill.
    Req.
    14910,
    effective November
    14,
    1983;
    amended
    at
    8 Ill. Req.
    1600,
    effective January 18,
    1984;
    amended
    at
    8
    Ill. Req.
    3687,
    effective March
    14,
    1984;
    amended
    at
    B Ill. Req.
    8237, effective
    June 8,
    1984;
    amended at 9
    Ill.
    Reg.
    1379, effective January 21,
    1985;
    amended
    at
    9 Ill.
    Req.
    4510, effective March 22,
    1985;
    peremptory amendment at
    10 Ill.
    Req.
    456,
    effective December
    23,
    1985;
    amended at
    11
    Ill. Req.
    3117,
    effective January 28,
    1987;
    amended
    in P84—13 at
    11
    Ill.
    Req. 7291,
    effective April
    3,
    1987;
    amended
    in P86—17(A)
    at
    11 Ill.
    Req.
    14748, effective August
    24,
    1987; amended
    in R84—l6 at 12
    Ill. Req.
    2445, effective January
    15, 1988;
    amended
    in P83—23
    at
    12
    Ill.
    Req.
    8658,
    effective May
    10,
    1988;
    amended
    in P87—27 at
    12
    Ill.
    Peg.
    9905, effective May
    27,
    1988;
    amended
    in P82—7
    at 12
    Ill. Peg.
    10712, effective June
    9,
    1988; amended
    in R85—29 at 12
    111.
    Peg.
    12064, effective July
    12,
    1988; amended
    in R87—22
    at
    12 Ill.
    Peg.
    13966, effective
    August
    23,
    1988;
    amended
    in R86—3
    at
    12 Ill.
    Peg.
    20126,
    effective November
    16, 1988;
    amended
    in P84—20
    at
    13
    Ill. Req.
    851, effective January 9,
    1989;
    amended
    in P85—11
    at
    13
    Ill. Req.
    2060, effective February
    6,
    1989,
    amended
    in P88—1
    at
    13
    Ill.
    Req.
    5976, effective April
    18,
    l989-;
    amended
    in R86—17B at
    13
    Ill.
    Reg. 7754,
    effective May
    4,
    1989;
    amended
    in R87—6
    at
    111.
    Req.
    ________,
    effective __________________________
    Section 304.123
    Phosphorus
    (STORET number 00665)
    a)
    No effluent discharge within the Lake Michigan Basin
    shall contain more than 1.0 mq/l
    of phosphorus
    as
    P.
    b+
    Ne eft~~e~frei~
    ~ty
    ~euree w1~eh~4~e1~rge~ w4~h~~he
    Fe~R4ver B~~n&,eve ~
    e~t~d4ngP
    ~ehee ~eke ~
    whe8e
    e~e~w~M~e~ee~
    ~&QO
    er mere pe~e~en
    een~4n mere ~en
    4-~8
    pi’ie5~hert~e~
    99—339

    —4—
    e+
    Ne eff~t~en~
    frem eny
    eet~ree
    wh4~eh
    cehergee
    ~e
    e
    er reeerve4r w4~he
    et~rfeee
    tree
    ef 8~ hee~Eeree~
    eeree+ er mere er ~e eny
    t~ery
    ~e ~eh
    e 3&~eer
    reeer~e~rend whece ~n~ree~ed
    wee~efeed ~e &QOO er mere
    ~ept~~en
    e~u
    ve~en~eehe~ een~e4nmere then ~
    ef
    eepher~ees P~
    d+
    Ne effi~en~frem eny eeuree wh~ehd4eeherge ~e e
    ~eke
    er
    reeerve~rw4th
    6
    et~rfeeeeree ef 8-~~ee~eree
    *~
    eeree+
    mere wh4eh dee~ne~eem~y
    w~h
    SeeHen
    ~O27’2~5
    er ~e
    eny ~r4~t~ery
    ~e e~ehe ~eke
    er re~erve~rend whece
    t~n~ree~ed
    wee~efeed 4~
    ~59~
    er mere pe~t~e~en
    e~en~
    end wh~eh~e ne~~everned
    ~y 5ee~4en5
    4~2~e+
    er ~O4~2~e+
    ehe~ieen~e~nmere then ~
    ef
    ~hesphert~e
    ee
    b)
    No effluent from any source which discharges
    to
    a lake
    or reservoir with
    a surface area of 8.1 hectares
    (20
    acres)
    or more,
    or
    to any tributary of such
    a lake or
    reservoir within 40.25 kilometers
    (25 miles)
    of the
    ppint where
    the tributary enters the lake or
    reservoir,
    whose untreated waste
    load
    is 2500
    or more population
    equivalents,
    and which does not utilize a third—stage
    lagoon treatment system as specified
    in Sections
    304.120(a)
    and
    (C),
    shall exceed
    1.0 mg/i of phosphorus
    as
    P;
    however,
    this
    subsection
    (b)
    shall not apply where
    the lake or reservoir on an annual basis exhibits
    a mean
    ~yç3rau1ic retention time of 0.05 years
    (18 days)
    or
    less.
    c)
    No effluent from any source which discharges
    to
    a lake
    or reservoir with
    a surface
    area of 8.1 hectares
    (20
    acres)
    or more,
    or to any tributary
    of such
    a lake or
    reservoir beyond 40.25 kilometers
    (25 miles)
    of the
    point where the tributary enters
    the lake or reservoir,
    whose untreated waste
    load
    is 2500
    or more population
    equivalents,
    and which does not utilize
    a third—stage
    lagoon treatment system as specified
    in Sections
    304.120(a)
    and
    (c),
    shall exceed
    1.0 mg/i
    of phosphorus
    as P.; however,
    this subsection
    (C)
    shall not apply:
    1)
    Where the lake or reservoir
    on an annual basis
    exhibits
    a mean hydraulic retention time of 0.05
    years
    (18 days)
    or less;
    or
    2)
    Where effluent,
    if untreated
    for removal
    of
    phosphorus,
    would
    contribute
    less than
    3
    of the
    phosphorus
    loading
    of all tributaries
    to such lake
    or reservoir,
    including non—point sources.
    Except
    as otherwise expressly provided by this Section,
    phosphorus loading
    of all tributaries
    to
    a lake or
    resevoir
    shall
    be estimated utilizing data
    99—340

    —5—
    pertaining
    to such lake or reservoir contained
    in
    the National Eutrophication Surveys, Working Paper
    Series,
    U.S. Environmental Protection Agency,
    June
    1975,
    adjusted
    to reflect estimated
    improvements
    in
    non—point source control
    as contained
    in records
    and reports of
    the Agency.
    e+d) For
    the purpose of
    this Section
    the term “lake
    or
    reservoir” shall not include
    low level pools constructed
    in free flowing streams or
    any body of water which
    is an
    integral part of an operation which includes the
    application of sludge on
    land.
    f~
    eemp~4eneew±ththe ~4m4~e~ene
    of pere~re~h~e+ ehe~
    be
    eeh’4eved by the fo~ew4n~de~ee~
    ~
    New set~reeeehe~eem~y en the effee~4vede~eof
    thie re~t~+e~4on7
    end
    2-~
    Be~4n~ eet~reee~he~
    eem~y by Beeember
    ~
    or et~ehether de~eec re~t~redby NPBES perm~y or
    e~ordered
    by the Beerd t~riderP~~e
    ~
    or
    ~X of
    the
    ~
    g+
    eom~4eneew~h the i4m~e~oneof peregre~h+d+ ~he3~
    be eehieved by Beeember
    3~y
    ~9857
    or 5t~ehother de~eee
    re~t~redby NPBES perm4~yor ee ordered by the Boerd
    tender P~~e~
    or P4~e ~M of the ~
    de)
    Compliance with
    the limitations of paragraph
    (b)
    shall
    be achieved by the following dates:
    1)
    Sources with the present
    capability to comply shall
    do so on
    the effective date of this regulation
    2)
    All other sources shall comply as
    required by NPDES
    permit.
    IT IS SO ORDERED.
    3.
    D.
    Duinelle concurred.
    I, Dorothy M. Gunn, Clerk
    of the Illinois Pollution Control
    Board,
    hereby certify that the above Correction
    to Proposed
    Opinion and Order was adopted
    on the
    ~5’~--
    day of
    ~r~~_.-j
    1989,
    by
    a vote of
    7-~
    .
    /2
    j~.
    Dorothy Mi Gunn, Clerk
    Illinois ~Po1lution Control Board
    99—341

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