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(Repealed)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(Repealed)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