ILLINOIS POLLUTION CONTROL BOARD
October 17, 2002
IN THE MATTER OF:
PROPOSED AMENDMENTS TO AMMONIA
NITROGEN STANDARDS
35 ILL. ADM. CODE 302.100, 302.212,
302.213, AND 304.122
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R02-19
(Rulemaking - Water)
Adopted Rule. Final Order.
OPINION AND ORDER OF THE BOARD (by C.A. Manning, G.T. Girard, M.E. Tristano):
Today the Board adopts for final notice a proposal to amend Illinois water quality
regulations for ammonia to more closely track recent guidance published by the United States
Environmental Protection Agency (USEPA).
Today’s rule follows substantially the proposal filed by the Illinois Association of
Wastewater Agencies (IAWA) with the Illinois Environmental Protection Agency’s (Agency)
support, and adopted by the Board for first notice on June 6, 2002
1 and second notice on
September 5, 2002.
PROCEDURAL HISTORY
The Board held three hearings in this matter. The first hearing was held in Chicago on
March 25, 2002, the second in Springfield on April 23, 2002, and the third in Chicago on
July 25, 2002.
2 At the first hearing IAWA presented various testimony in support of its
proposal. The Agency also offered testimony in support of the proposal. Questions were posed
to both IAWA and the Agency regarding various aspects of the proposed rules.
At the second hearing IAWA offered additional testimony, and additional questions were
asked of both IAWA and the Agency.
The third hearing was held in accordance with Section 27(b) of the Environmental
Protection Act (Act) (415 ILCS 5/27(b) (2000)
amended by
P.A. 92-0574, eff. June 26, 2002),
which requires the Board to request that the Department of Commerce and Community Affairs
(DCCA) conduct a study of the economic impact of any proposed rules, and to conduct at least
one public hearing on the economic impact of those proposed rules (415 ILCS 5/27(b) (2000)
1 Proposed Amendments to Ammonia Nitrogen Standards 35 Ill. Adm. Code 302.100, 302.212,
302.213, AND 304.122, (June 6, 2002), R02-19. First notice publication occurred in the
Illinois
Register
, June 21, 2001, at 8707
et seq
. and 8722
et seq
.
2 Citations to the transcript for the first hearing will be cited at “Tr.1 at __.” Citations to the
transcript for the second hearing will be cited as “Tr.2 at __.” Citations to the transcript for the
third hearing will be cited as “Tr.3 at __.”
2
amended by
P.A. 92-0574, eff. June 26, 2002). The Board requested that DCCA conduct such a
study in a letter dated March 7, 2002. At the July 25, 2002 hearing the Hearing Officer
Catherine Glenn stated that the Board would rely on a March 10, 2000 DCCA letter stating that
DCCA would not conduct economic impact studies on rules pending before the Board. Tr.3 at 5.
On September 5, 2002, the Board adopted its second notice opinion and order, and sent
this matter to the Joint Committee on Administrative Rules (JCAR) for its consideration.
Proposed Amendments to Ammonia Nitrogen Standards 35 Ill. Adm. Code 302.100, 302.212,
302.213, and 304.122, (Sept. 5, 2002), R02-19. On October 8, 2002, JCAR voted a certificate of
no objection.
Public Comments
Seven public comments were filed during this rulemaking. The Urbana and Champaign
Sanitary District (PC 1), the Environmental Law and Policy Center, Prairie Rivers Network and
Sierra Club (Environmental Groups) (PC 2), the IAWA (PC 3 and 6), the Agency (PC 4 and 7),
Michael Zima, District Manager of the DeKalb Sanitary District (PC 5).
PROPOSAL DEVELOPMENT
The Board most recently considered its ammonia water quality regulations in Triennial
Water Quality Review Amendments to 35 Ill. Adm. Code 302.202, 302.212, 302.213, 304.122,
and 304/301 (Ammonia Nitrogen), R94-1(B), (Dec. 19, 1996).
3 The amendments adopted in
docket R94-1(B) were primarily based on the USEPA’s then current National Criteria Document
(NCD) for ammonia.
4 The principal features of the R94-1(B) action were the adoption of acute
and chronic general use water quality standards for un-ionized ammonia, and the authorization of
Effluent Modified Waters (EMW). An EMW is a management tool intended to allow ammonia
National Pollutant Discharge Elimination System (NPDES) limits to be driven by effluent rather
than water quality standards.
See
R94-1(B) final opinion.
In 1999 USEPA issued a significant update of the ammonia NCD.
5 In 2000 IAWA, with
the support of the Agency, began reviewing the 1999 ammonia NCD towards the goal of
proposing conforming amendments. Tr.1 at 29-31, 95. Today’s proposal is the result of that
process.
SUMMARY OF THE AMENDMENTS
The amendments involve changes to four sections of the Board’s water quality
regulations, plus the addition of an appendix. All changes are to 35 Ill. Adm. Code 302 and 304.
3 An expedited correction issued February 20, 1997.
4 Ambient Water Quality Criteria for Ammonia, United States Environmental Protection Agency
Document - 1984. United States Environmental Protection Document EPA-440/5-85-001, 1995.
National Technical Information Service, Springfield, VA.
5 1999 Update of Ambient Water Quality Criteria for Ammonia. United States Environmental
Protection Agency Office of Water Document EPA-822-R-99-104, December 1999. This
document is Exh. 5 in the instant docket.
3
Section 302.100 – Definitions
Section 35 Ill. Adm. Code 302.100 includes a definition for “Early Life Stages.” This
definition is intended to support the use of this term in Section 302.212(b)(2) and 302.212(e).
The definition is taken from rules adopted by the Ohio River Valley Water Sanitation
Commission to conform that agency’s rules with the 1999 ammonia NCD. Tr.2 at 9, 18.
Section 302.212 – Ammonia General Use Water Quality Standards
Revision of Numerical Standards
Most of the amendments occur within 35 Ill. Adm. Code 302.212, which contains the
Board’s ammonia water quality standards applicable in general use waters of the State. The
principal features of the amendments are: (1) replacement of current un-ionized ammonia
nitrogen standards with total ammonia nitrogen standards; (2) recasting of the formulae for
calculation of the acute and chronic water quality standards for total ammonia nitrogen; and (3)
the addition of a new standard, the sub-chronic standard for total ammonia.
The purpose of the proposed amendments is to revise Illinois’ water quality standards for
ammonia with the best current understanding of ammonia toxicity, as reflected in the 1999
ammonia NCD. Tr.1 at 30-31. Modifications of the formulae for calculating total ammonia
acute standard (AS) and chronic standard (CS) values are based on reevaluation of the ammonia
toxicity mechanism, as well as the existence of larger and more appropriate toxicity data sets
than were available under the 1984 ammonia NCD. Tr.1 at 20-22, 48-52.
Under the 1984 ammonia NCD and the Board’s current ammonia regulations, ammonia
general use water quality standards are expressed in terms of un-ionized ammonia with
corrections for the effects of temperature and pH on ammonia toxicity. However, in the 1999
ammonia NCD, USEPA concludes that a definitive, thorough theoretical approach for describing
pH effects on ammonia toxicity is lacking, and that there is no adequate scientific understanding
for specifying how temperature adjustments to the ammonia criterion should be made. Tr.1 at
50; Exh. 5 at 7. Accordingly, the 1999 ammonia NCD bases criteria for ammonia toxicity on
empirical relationships between toxicity and total ammonia concentrations at various
temperatures and pHs. Tr.1 at 50, 62-63. That approach underpins this proposal.
The proposed formulae for determining the total ammonia nitrogen acute, chronic, and
sub-chronic standards at Section 302.212(b) mirror the standards recommended in the 1999
ammonia NCD. However, IAWA’s proposed attainment requirements at Section 302.212(c)(2)
and (c)(3) deviated somewhat from the 1999 ammonia NCD. While the 1999 ammonia NCD
recommends using a 30-day average ammonia concentration to show compliance with the
ammonia CS, IAWA’s proposal requires a minimum of four consecutive samples collected over
a period of at least 30 days. In case of the sub-chronic standard, while the 1999 ammonia NCD
recommends that the highest four-day average within the 30-day period be used for
demonstrating attainment, IAWA’s proposed Section 302.212(c)(3) requires daily samples
collected over a period of any four consecutive days to show compliance.
4
When questioned at the second hearing, Mosher testified that proposed Section
302.212(c)(2) required at least four samples collected consecutively over a period of at least 30
days. Tr.2 at 32. Mosher explained that such a standard would allow the Agency to use its
ambient monitoring network to collect a sample once every six weeks, and then take any four
consecutive samples, and average them to assess attainment of the ammonia CS. Tr.2 at 32.
Mosher clarified that the language did not mean that four samples would be collected within 30
days. Tr.2 at 30. Mosher maintained that the Agency wanted the proposed requirement to
follow the its routine monitoring program, although the federal guidance recommends that the
ammonia CS be evaluated on the basis of 30-day average due to its toxicity characteristics. Tr.2
at 31 and 37.
The 1999 ammonia NCD states that the averaging period for ammonia CS needs to be
shorter than the length of the laboratory tests upon which it is based, because the concentrations
in the field are typically much more variable than concentrations in the laboratory tests, and
variable concentrations are more toxic than constant concentrations. Exh. 5 at 81. Further, the
1999 ammonia NCD recommends that the averaging time for showing attainment of the
ammonia CS be increased from four days to 30 days. In this regard, the federal guidance states
that the longer 30-day averaging period is justified with the restriction that the highest four-day
average concentration within that 30-day span not exceed 2.5 times the ammonia CS, i.e. the
sub-chronic standard. Exh. 5 at 82. The 1999 ammonia NCD maintains that the 30-day average
period without the sub-chronic standard limitation would have substantial effects on certain
aquatic species. Exh. 5 at 82. Therefore, the 1999 ammonia NCD recommends a 30-day
average concentration of total ammonia be used to show compliance with the chronic ammonia
standard with the restriction that the highest four-day average within the 30-day span should not
exceed the sub-chronic standard, which is 2.5 times the ammonia CS.
The Board notes that although IAWA’s proposal includes both the chronic and sub-
chronic total ammonia standards recommended by the federal guidance, there is no linkage
between the averaging periods of the two standards. IAWA’s proposed language for Section
302.212(c)(2) requires attainment of the ammonia CS be demonstrated on the basis of four
consecutive samples taken over a period of at least 30 days. As explained by Mosher, this will
allow the Agency to obtain samples on a 6-week cycle. Under this scenario, the averaging time
would be closer to 6 months instead of 30 days, as recommended in the 1999 ammonia
document. The Board expressed concern regarding the proposed averaging period for
demonstrating attainment at the second hearing in this matter, and asked the proponents and the
Agency to provide additional clarification. Tr.2 at 30-33, 38-39.
At first notice, the Board was concerned by the substantial increase in the averaging
period allowed by the IAWA proposal. The Board’s concern was based on the fact that the 1999
ammonia NCD very clearly states that even the 30-day averaging period is only justified because
of the restriction that the highest four-day average concentration of ammonia be less than or
equal to the sub-chronic standard. Further, the Board notes that USEPA’s “Water Quality
Standards Handbook: Second Edition” defines “averaging period” as:
5
[t]he period of time over which the receiving water concentrations is averaged for
comparison with criteria concentrations. The averaging period limits the duration
of concentrations above the criteria.
Because of the Board’s concern, at first notice the Board amended IAWA’s proposal at
Section 302.212(c)(2) to limit the averaging period for showing attainment of the ammonia CS to
30 days.
The proposed language at 302.212(c)(2) capped the time in which to average samples for
the ammonia CS to 30 days. The proposed first-notice language for 302.212 reflected the 1999
ammonia NCD, and did not require taking a particular number of samples during the 30 days.
In addition to revisions of the AS and ammonia CS standards, the 1999 ammonia NCD
also supports a new type of standard, called a sub-chronic standard. The sub-chronic standard
limits the magnitude and duration of otherwise allowable excursions above the ammonia CS
standard. Tr.1 at 57-60. The proposed sub-chronic standard at first notice limited the total
ammonia concentration to 2.5 times the ammonia CS. Compliance with the sub-chronic standard
was proposed to be achieved by averaging the highest sample results collected over a four-day
period within the 30-day averaging period.
See
302.212(b)(3) and (c)(3).
Changes from First Notice.
At first notice, the Board replaced portions of the proposal that used “shall” with “must.”
The Agency recommended that the Board replace “must” in Sections 302.212(b)(3),
302.212(c)(2) and (3) with “is” to make those sections more grammatically accurate. PC 7 at 3.
The Board made the changes at second notice. The Board made similar grammatical changes in
302.212(b), (b)(1), (b)(2), and 302.212(e).
At the Agency’s suggestion the Board also inserted “30-day average concentration of”
before “total ammonia nitrogen” at 302.212(c)(2), and “four-day average concentration of”
before “total ammonia nitrogen” at 302.212(c)(3) to reflect the averaging periods associated with
the chronic and sub-chronic ammonia standards. PC 7 at 4.
At first notice, Section 302.212(c)(2) limited the averaging period to 30 days and did not
specify the number of samples that must be taken. The Board expected that the Agency or any
other entity performing the sampling would determine the number of samples to be taken in
accordance with the sampling protocols specified in 35 Ill. Adm. Code 301.104 and 301.106,
which includes Standard Methods and USEPA’s current manual of practice.
Both IAWA and the Agency expressed concerns regarding the proposed attainment
requirements for chronic (CS) and sub-chronic ammonia standards set forth at Section
302.212(c) of the first notice proposal. PC 6 and PC 7 at 4-8. To avoid any confusion in
implementing the chronic standard, the Board added IAWA’s suggested language with minor
clarifying changes at Section 302.212(c)(2). This revision requires attainment of ammonia CS to
be determined by using at least four samples taken at weekly intervals, or at other sampling
intervals that statistically represent a 30-day averaging period. However, the Board declined to
6
include IAWA’s suggestion of using a “weighted” average of the sample results to show
attainment of chronic and sub-chronic standards. The Board agreed with the Agency that the
averaging method addressed only a specific data set and did not address other data sets that have
not yet been identified or considered.
Regarding the ammonia sub-chronic standard, the Board notes that the proposed
attainment requirement at Section 302.212(c)(3) tracks the 1999 ammonia NCD, which
recommends that the attainment of sub-chronic standard must be based on the highest four-day
average within the 30-day averaging period of the chronic standard. However, to avoid any
implementation concerns, the Board made the Agency’s suggested change at Section
302.212(c)(3) to require attainment of the sub-chronic standard to be determined by averaging
daily sample results collected over a period of four consecutive days.
At the Agency’s suggestion, the Board also added language at Sections 302.212(c)(2) and
(c)(3) to add a requirement that samples must assure a representative sampling period.
Revision of Seasonal Applicability
Consistent with the first- and second-notice proposals, these amendments include that
everywhere in Illinois early stage life forms are deemed to be present, for the purpose of this
regulation, from March to October, inclusive.
See
proposed Section 302.212(e). This is
conservative in that there will be waters where, during some portion of this period, such forms
are not actually present. However, the proponents accept and the Board agrees, that such
conservatism is warranted to provide workable protection for the great majority of aquatic
species. Tr.1 at 32, 139.
Additionally, the Agency has the authority to apply early life stages present standards
outside the March - October period to specific waters of the State when such stages are present.
See
proposed Section 302.212(e). This provision provides an additional element in the ability of
Illinois to assure protection against ammonia toxicity.
Section 302.213 – Effluent Modified Waters (EMWs)
Today’s amendments repeal the provisions for EMWs found at 35 Ill. Adm. Code
302.213. As the Board discussed at first notice, the record in this proceeding demonstrates that
EMWs have not been a useful construct. Tr.1 at 23-26, 119-120. Due to difficulties unforeseen
at the time of promulgation of the EMW provisions, no dischargers have applied for EMWs, and
the Agency has not established any EMWs. Tr.1 at 26-28, 121. Moreover, IAWA contends
convincingly that EMWs are unnecessary if the Board adopts today’s proposal. Tr.1 at 28-31.
Section 302.APPENDIX C
35 Ill. Adm. Code Section 302.APPENDIX C presents a table of values for the equations
presented in 302.212(b). The purpose is to provide an easy alternative to calculation of values
for the equations. There are three tables, one for the AS equation at 302.212(b)(1), and one each
for the Early Life Stage Present and Early Life Stage Absent equations for the ammonia CS at
7
302.212(b)(2). At second notice the Board revised the table for the relationship between the AS
and pH by removing that portion of the table in which the equation relating AS to pH produces a
result greater than 15 mg/L. The AS may be less than 15.0 mg/L (which occurs at higher pHs),
but pursuant to 302.212(a) may not exceed 15.0 mg/L; the 15.0 mg/L maximum controls at pHs
less than 7.7.
Section 304.122 – EMW Provisions in the Effluent Regulations
These amendments also include the repeal of the EMW provisions that are found in the
effluent portion of the Board’s water quality regulations at 35 Ill. Adm. Code 304.122. Repeal of
these provisions is a companion action to repeal of the provisions at 302.213.
ECONOMIC CONSIDERATIONS
As discussed at first notice, impetus for the IAWA’s proposal, aside from any
considerations of having regulations reflect best available knowledge, is that adoption of the
proposed amendments would have beneficial economic impact on many of IAWA’s members.
Effluent limits driven by the current ammonia water quality standards often result in NPDES
permit limits that have pushed the limits of technical attainability of many wastewater treatment
plants in Illinois, particularly in the winter season. Tr.1 at 19, 23-24, 70-81. This difficulty has
arisen when the current un-ionized ammonia standard is back-calculated into winter NPDES
permit limits. Tr.1 at 23-24. This procedure leads to significantly lower permit limits than the
1999 ammonia NCD procedure would provide, because this procedure assigns all of the
ammonia toxicity to un-ionized ammonia, contrary to the assignment under the 1999 ammonia
NCD. Tr.1 at 23. IAWA members believe, and the record provides supporting evidence, that
adoption of the instant proposed amendments would maintain environmental integrity and also
provide for attainable NPDES winter permit limits for ammonia. Additionally, the Agency
believes the amendments will meet federal requirements and continue to assure protection of the
State’s water resources. PC 4 at 1.
The record provides some examples of the difference in permit limits that exist under the
current regulations, as compared to limits that are anticipated should the proposed amendments
be adopted. For example, Michael Zima, District Manager of the DeKalb Sanitary District
testified that for December 2000 through December 2003 from April to October, the NPDES
permit requires a monthly average of 1.5 mg/L as a monthly ammonia-nitrogen average and 3.0
mg/L as a daily maximum ammonia nitrogen average. Exh. 8 at 4, Tr.1 at 99. For November
through March, the NPDES permit requires a monthly average of 3.6 mg/L and a daily
maximum of 7.2 mg/L. Exh. 8 at 4, Tr.1 at 99-100. Zima testified that if the proposal were
adopted the permit limits would be: from March – October, a monthly average of 1.5 mg/L and a
daily maximum of 6.7 mg/L; from November-February, a monthly average of 3.1 mg/L and a
daily maximum of 6.7 mg/L. Exh. 8 at 11, Tr.1 at 108.
Tim Bachman, Director of
Waste Treatment Operation at the Urbana and Champaign
Sanitary District testified that if the proposal is adopted, the northeast plant for March – October
will have a monthly average of 1.23 mg/L instead of a final monthly average of 0.9 mg/L and a
daily maximum of 5.40 mg/L instead of a final daily maximum of 3.0 mg/L. From November –
8
February, the monthly average will be 2.71 mg/L instead of a final monthly average of 1.0 mg/L
and a daily maximum of 6.07 mg/L instead of a final daily average of 4.8 mg/L. Exh.7 at 2-3,
Tr.1 at 87-88. The southwest plant will also have higher monthly averages and daily maximums,
if the proposal is adopted. Exh.7 at 2-8; Tr.1 at 88-89.
ORDER
The Clerk is directed to cause publication in the
Illinois Register
of the following
amendments to the Board’s water regulations 35 Ill. Adm. Code 302 and 304:
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 302
WATER QUALITY STANDARDS
SUBPART A: GENERAL WATER QUALITY PROVISIONS
Section
302.100 Definitions
302.101 Scope and Applicability
302.102 Allowed Mixing, Mixing Zones and ZIDS ZIDs
302.103 Stream Flows
302.104 Main River Temperatures
302.105 Antidegradation
SUBPART B: GENERAL USE WATER QUALITY STANDARDS
Section
302.201 Scope and Applicability
302.202 Purpose
302.203 Offensive Conditions
302.204 pH
302.205 Phosphorus
302.206 Dissolved Oxygen
302.207 Radioactivity
302.208 Numeric Standards for Chemical Constituents
302.209 Fecal Coliform
302.210 Other Toxic Substances
302.211 Temperature
302.212 Total Ammonia Nitrogen and Un-ionized Ammonia
302.213 Effluent Modified Waters (Ammonia)(Repealed)
9
SUBPART C: PUBLIC AND FOOD PROCESSING WATER SUPPLY STANDARDS
Section
302.301 Scope and Applicability
302.302 Algicide Permits
302.303 Finished Water Standards
302.304 Chemical Constituents
302.305 Other Contaminants
302.306 Fecal Coliform
SUBPART D: SECONDARY CONTACT AND INDIGENOUS AQUATIC LIFE
STANDARDS
Section
302.401 Scope and Applicability
302.402 Purpose
302.403 Unnatural Sludge
302.404 pH
302.405 Dissolved Oxygen
302.406 Fecal Coliform (Repealed)
302.407 Chemical Constituents
302.408 Temperature
302.409 Cyanide
302.410 Substances Toxic to Aquatic Life
SUBPART E: LAKE MICHIGAN BASIN WATER QUALITY STANDARDS
Section
302.501 Scope, Applicability, and Definitions
302.502 Dissolved Oxygen
302.503 pH
302.504 Chemical Constituents
302.505 Fecal Coliform
302.506 Temperature
302.507 Thermal Standards for Existing Sources on January 1, 1971
302.508 Thermal Standards for Sources under Under Construction But Not in Operation
on January 1, 1971
302.509 Other Sources
302.510 Incorporations by Reference
302.515 Offensive Conditions
302.520 Regulation and Designation of Bioaccumulative Chemicals of Concern (BCCs)
302.521 Supplemental Antidegradation Provisions for BCCs
302.525 Radioactivity
302.530 Supplemental Mixing Provisions for Bioaccumulative Chemicals of Concern
(BCCs)
302.535 Ammonia Nitrogen
10
302.540 Other Toxic Substances
302.545 Data Requirements
302.550 Analytical Testing
302.553 Determining the Lake Michigan Aquatic Toxicity Criteria or Values - General
Procedures
302.555 Determining the Tier I Lake Michigan Basin Acute Aquatic Life Toxicity
Criterion (LMAATC): Independent of Water Chemistry
302.560 Determining the Tier I Lake Michigan Basin Acute Aquatic Life Toxicity
Criterion (LMAATC): Dependent on Water Chemistry
302.563 Determining the Tier II Lake Michigan Basin Acute Aquatic Life Toxicity Value
(LMAATV)
302.565 Determining the Lake Michigan Basin Chronic Aquatic Life Toxicity Criterion
(LMCATC) or the Lake Michigan Basin Chronic Aquatic Life Toxicity Value
(LMCATV)
302.570 Procedures for Deriving Bioaccumulation Factors for the Lake Michigan Basin
302.575 Procedures for Deriving Tier I Water Quality Criteria and Values in the Lake
Michigan Basin to Protect Wildlife
302.580 Procedures for Deriving Water Quality Criteria and Values in the Lake Michigan
Basin to Protect Human Health – General
302.585 Procedures for Determining the Lake Michigan Basin Human Health Threshold
Criterion (LMHHTC) and the Lake Michigan Basin Human Health Threshold
Value (LMHHTV)
302.590 Procedures for Determining the Lake Michigan Basin Human Health
Nonthreshold Criterion (LMHHNC) or the Lake Michigan Basin Human Health
Nonthreshold Value (LMHHNV)
302.595 Listing of Bioaccumulative Chemicals of Concern, Derived Criteria and Values
SUBPART F: PROCEDURES FOR DETERMINING WATER QUALITY CRITERIA
Section
302.601 Scope and Applicability
302.603 Definitions
302.604 Mathematical Abbreviations
302.606 Data Requirements
302.612 Determining the Acute Aquatic Toxicity Criterion for an Individual Substance –
General Procedures
302.615 Determining the Acute Aquatic Toxicity Criterion - Toxicity Independent of
Water Chemistry
302.618 Determining the Acute Aquatic Toxicity Criterion - Toxicity Dependent on Water
Chemistry
302.621 Determining the Acute Aquatic Toxicity Criterion - Procedures Procedure for
Combinations of Substances
302.627 Determining the Chronic Aquatic Toxicity Criterion for an Individual Substance -
General Procedures
302.630 Determining the Chronic Acute Aquatic Toxicity Criterion - Procedure for
Combination of Substances
11
302.633 The Wild and Domestic Animal Protection Criterion
302.642 The Human Threshold Criterion
302.645 Determining the Acceptable Daily Intake
302.648 Determining the Human Threshold Criterion
302.651 The Human Nonthreshold Criterion
302.654 Determining the Risk Associated Intake
302.657 Determining the Human Nonthreshold Criterion
302.658 Stream Flow for Application of Human Nonthreshold Criterion
302.660 Bioconcentration Factor
302.663 Determination of Bioconcentration Factor
302.666 Utilizing the Bioconcentration Factor
302.669 Listing of Derived Criteria
APPENDIX A References to Previous Rules
APPENDIX B Sources of Codified Sections
APPENDIX C
Maximum total ammonia nitrogen concentrations allowable for certain
combinations of pH and temperature
TABLE A pH-Dependent Values of the AS (Acute Standard)
TABLE B
Temperature and pH-Dependent Values of the CS (Chronic Standard)
for Fish Early Life Stages Absent
TABLE C
Temperature and pH-Dependent Values of the CS (Chronic Standard) for Fish
Early Life Stages Present
AUTHORITY: Implementing Section 13 and authorized by Sections 11(b) and 27 of the
Environmental Protection Act [415 ILCS 5/13, 11(b), and 27]
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; amended at 6 Ill.
Reg. 11161, effective September 7, 1982; amended at 6 Ill. Reg. 13750, effective October 26,
1982; amended at 8 Ill. Reg. 1629, effective January 18, 1984; peremptory amendments at 10 Ill.
Reg. 461, effective December 23, 1985; amended at R87-27 at 12 Ill. Reg. 9911, effective May
27, 1988; amended at R85-29 at 12 Ill. Reg. 12082, effective July 11, 1988; amended in R88-1 at
13 Ill. Reg. 5998, effective April 18, 1989; amended in R88-21(A) at 14 Ill. Reg. 2899, effective
February 13, 1990; amended in R88-21(B) at 14 Ill. Reg. 11974, effective July 9, 1990; amended
in R94-1(A) at 20 Ill. Reg. 7682, effective May 24, 1996; amended in R94-1(B) at 21 Ill. Reg.
370, effective December 23, 1996; expedited correction at 21 Ill. Reg. 6273, effective December
23, 1996; amended in R97-25 at 22 Ill. Reg. 1356, effective December 24, 1997; amended in
R99-8 at 23 Ill. Reg. 11249, effective August 26, 1999; amended in R01-13 at 26 Ill. Reg. 3505,
effective February 22, 2002; amended in R02-19 at 26 Ill. Reg. _________,
effective____________.
SUBPART A: GENERAL USE WATER QUALITY PROVISIONS
Section 302.100 Definitions
12
Unless otherwise specified, the definitions of the Environmental Protection Act (Act) (Ill. Rev.
Stat. 1987, ch. 111 1/2, par. 1001 et seq.) [415 ILCS 5] and 35 Ill. Adm. Code 301 apply to this
Part. As used in this Part, each of the following definitions has 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
resulting from a single or short-term exposure to the substance.
"Adverse Effect" means any gross or overt effect on an organism,
including but not limited to reversible histopathological damage, severe
convulsions, irreversible functional impairment and lethality, as well as
any non-overt effect on an organism resulting in functional impairment or
pathological lesions which may affect the performance of the whole
organism, or which reduces an organism's ability to respond to an
additional challenge.
"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, including but not limited to the
growth phase, the reproductive phases or such critical portions 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 of this
Part which, if not exceeded, would assure compliance with the narrative
toxicity standard of Section 302.210 of this Part.
“Early Life Stages” of fish means the pre-hatch embryonic period, the
post-hatch free embryo or yolk-sac fry, and the larval period, during which
the organism feeds. Juvenile fish, which are anatomically similar to
adults, are not considered an early life stage.
"Hardness" means a water quality parameter or characteristic consisting of
the sum of calcium and magnesium concentrations expressed in terms of
equivalent milligrams per liter as calcium carbonate. Hardness is
measured in accordance with methods specified in 40 CFR 136,
incorporated by reference in 35 Ill. Adm. Code 301.106.
"Mixing Zone" means a portion of the waters of the State identified as a
region within which mixing is allowed pursuant to Section 302.102(d) of
this Part.
"Total Residual Chlorine" or "TRC" means those substances which
include combined and uncombined forms of both chlorine and bromine
and which are expressed, by convention, as an equivalent concentration of
13
molecular chlorine. TRC is measured in accordance with methods
specified in 40 CFR 136, incorporated by reference in 35 Ill. Adm. Code
301.106.
"Toxic Substance" means a chemical substance which that causes adverse
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 Ill. Adm. Code 301.106, or
any "chemical substance" as defined by the Illinois Chemical Safety Act
(Ill. Rev. Stat. 1987, ch. 111 1/2, par. 951 et seq.) [430 ILCS 45]
"ZID" or "Zone of Initial Dilution" means a portion of a mixing zone,
identified pursuant to Section 302.102(e) of this Part, within which acute
toxicity standards need not be met.
(
Source: Amended at 26 Ill. Reg. _________, effective ___________)
Section 302.212
Total Ammonia Nitrogen and Un-ionized Ammonia
a)
Total ammonia nitrogen (as N: STORET Number 00610) shall must in no case
exceed 15 mg/L.
b) The
total Un-ionized ammonia nitrogen (as N: STORET Number 00610 00612)
shall not exceed the acute, and chronic, and sub-chronic standards are determined
by the equations given in subsections (b)(1) and (b)(2) of this Sectionbelow
subject to the provisions of Section 302.208(a) and (b), and Section 302.213 of
this Part. Attainment of each standard must be determined by subsections (c) and
(d) of this Section in mg/L.
1)
The acute standard (AS) is calculated using the following equation:
AS =
0.411
+
58.4
1
+
10
7.204-pH
1 + 10
pH-7.204
From April through October, the Acute Standard (AS) shall be 0.33 mg/L
and the Chronic Standard (CS) shall be 0.057 mg/L.
2)
The chronic standard (CS) is calculated using the following equations:
A)
During the Early Life Stage Present period, as defined in
subsection (e) of this Section:
i)
When water temperature is less than or equal to 14.51ºC:
()
85
.
2
10
1
487
.
2
10
1
0577
.
0
CS
688
.
7
pH
pH
688
.
7
+
+
+
=
−
−
14
ii)
When water temperature is above 14.51ºC:
()
)
T
25
(
*
028
.
0
688
.
7
pH
pH
688
.
7
10
*
45
.
1
10
1
487
.
2
10
1
0577
.
0
−
−
−
+
+
+
=
CS
Where T = Water Temperature, degrees Celsius
B)
During the Early Life Stage Absent period, as defined in
subsection (e) of this Section:
i)
When water temperature is less than or equal to 7ºC:
()
504
.
0
688
.
7
pH
pH
688
.
7
10
*
45
.
1
10
1
487
.
2
10
1
0577
.
0
+
+
+
=
−
−
CS
ii)
When water temperature is greater than 7ºC:
()
)
T
25
(
028
.
0
688
.
7
pH
pH
688
.
7
10
*
45
.
1
10
1
487
.
2
10
1
0577
.
0
−
−
−
+
+
+
=
CS
Where T = Water Temperature, degrees Celsius
2)
From November through March, the AS shall be 0.14 mg/L and the CS
shall be 0.025 mg/L.
3)
The sub-chronic standard is equal to 2.5 times the chronic standard.
c)
Attainment of the Total Ammonia Nitrogen Water Quality Standards
1)
The acute standard of total ammonia nitrogen (in mg/L) must not be exceeded
at any time except in those waters for which the Agency has approved a ZID
pursuant to Section 302.102.
2)
The 30-day average concentration of total ammonia nitrogen (in mg/L) must
not exceed the chronic standard (CS) except in those waters in which mixing
is allowed pursuant to Section 302.102 of this Part. Attainment of the chronic
standard (CS) is evaluated pursuant to subsection (d) of this Section by
averaging at least four samples collected at weekly intervals or at other
sampling intervals that statistically represent a 30-day sampling period. The
samples must be collected in a manner that assures a representative sampling
period.
15
3)
The 4-day average concentration of total ammonia nitrogen (in mg/L) must
not exceed the sub-chronic standard except in those waters in which mixing is
allowed pursuant to Section 302.102. Attainment of the sub-chronic standard
is evaluated pursuant to subsection (d) of this Section by averaging daily
sample results collected over a period of four consecutive days within the 30-
day averaging period. The samples must be collected in a manner that assures
a representative sampling period.
c)
For purposes of this Section, the concentration of un-ionized ammonia nitrogen as
N and total ammonia nitrogen as N shall be computed according to the following
equations:
U =_________N_______________
[0.94412(1+10
x
) + 0.0559]
and N = U [0.94412(1+10
x
)+0.0559]
where: X = 0.09018 + 2729.92 - pH
(T + 273.16)
U = Concentration of un-ionized ammonia as N in mg/L
N = Concentration of ammonia nitrogen as N in mg/L
T = Temperature in degrees Celsius
d)
The water quality standard for each water body must be calculated based on the
temperature and pH of the water body measured at the time of each ammonia
sample. The concentration of total ammonia in each sample must be divided by
the calculated water quality standard for the sample to determine a quotient. The
water quality standard is attained if the mean of the sample quotients is less than
or equal to one for the duration of the averaging period.
The following tables indicates the maximum total ammonia nitrogen
concentrations (mg/L as N) allowable pursuant to subsections (a) and (b) of this
Section for certain combinations of pH and temperature:
1)
Summer (April through October) Acute un-ionized ammonia 0.33 mg/L
PH 6.5 7.0 7.5 7.75
8.0 8.25 8.5
9.0
°F °C
55 12.8 15.0 15.0 15.0
15.0 13.8
7.9
4.6
1.7
60 15.6 15.0 15.0 15.0
15.0 11.2 6.5 3.8
1.4
65 18.3 15.0 15.0 15.0
15.0 9.8 5.3 3.1
1.2
70 21.1 15.0 15.0 15.0
13.2 7.6 4.4 2.6
1.1
75 23.9 15.0 15.0 15.0
10.9 6.3 3.7 2.2
0.9
80 26.7 15.0 15.0 15.0
9.0 5.2 3.1 1.9
0.8
85 29.4 15.0 15.0 13.1
7.5 4.4 2.6 1.6
0.7
16
90 32.2 15.0 15.0 10.9
6.3 3.7 2.2 1.4
0.7
2)
Summer (April through October) Chronic un-ionized ammonia 0.057
mg/L
PH 6.5 7.0 7.5 7.75
8.0 8.25 8.5
9.0
°F °C
55 12.8 15.0 15.0 7.4
4.2 2.4 1.4 0.8
0.3
60 15.6 15.0 15.0 7.0
3.4 1.9 1.1 0.7
0.2
65 18.3 15.0 15.0 4.9
2.8 1.6 0.9 0.5
0.2
70 21.1
15.0 12.6 4.0
2.3 1.3 0.8 0.5
0.2
75 23.9 15.0 10.3 3.3
1.9 1.1 0.6 0.4
0.2
80 26.7 15.0 8.6 2.7
1.6 0.9 0.5 0.3
0.1
85 29.4 15.0 7.8 2.3
1.3 0.8 0.4 0.3
0.1
90 32.2 15.0 5.8 1.9
1.1 0.6 0.4 0.2
0.1
3)
Winter (November through March) Acute un-ionized ammonia 0.14 mg/L
PH 6.5 7.0 7.5 7.75
8.0 8.25 8.5 9.0
°F °C
32 0.0 15.0 15.0 15.0
15.0 15.0 9.2 5.2 1.7
35 1.7 15.0 15.0 15.0
15.0 14.1 8.0 4.5 1.5
40 4.4 15.0 15.0 15.0
15.0 11.3 6.4 3.7 1.3
45 7.2 15.0 15.0 15.0
15.0 9.0 5.1 2.9 1.0
50
10.0 15.0 15.0 15.0
12.8 7.3 4.1 2.4 0.9
55 12.8 15.0 15.0 15.0
10.3 5.9 3.4 2.0 0.7
60 15.6 15.0 15.0 14.8
8.4 4.8 2.7 1.6 0.6
4)
Winter (November through March) Chronic un-ionized ammonia
0.025mg/L
PH 6.5 7.0 7.5 7.75
8.0 8.25 8.5 9.0
°F °C
32 0.0 15.0 15.0 9.1 5.1 2.9 1.6 0.9 0.3
35 1.7 15.0 15.0 7.9 4.4 2.5 1.4 0.8 0.3
40 4.4 15.0 15.0 6.3 3.6 2.0 1.1 0.7 0.2
45 7.2 15.0 15.0 5.0 2.8 1.6 0.9 0.5 0.2
50 10.0 15.0 12.7 4.0 2.3 1.3 0.7 0.4 0.2
55 12.8 15.0 10.2 3.3 1.8 1.0 0.6 0.3 0.1
60 15.6 15.0 8.3 2.6 1.5 0.9 0.5 0.3 0.1
e)
The Early Life Stage Present period occurs from March through October. In
addition, during any other period when early life stages are present, and where the
water quality standard does not provide adequate protection for these organisms,
the water body must meet the Early Life Stage Present water quality standard. All
other periods are subject to the Early Life Stage Absent period.
17
BOARD NOTE:Acute and chronic standard concentrations for total ammonia nitrogen
(in mg/L) for different combinations of pH and temperature are shown in Appendix C.
(Source: Amended at 26 Ill. Reg. _____, effective __________)
Section 302.213 Effluent Modified Waters (Ammonia) (Repealed)
a)
Effluent modified waters are those waters or portions of waters that the Agency
has determined, pursuant to 35 Ill. Adm. Code 309: Subpart A, to have the
potential to exceed, and are therefore not subject to, the chronic ammonia
standards of Section 302.212(b) downstream of an effluent outfall and outside of
any allowable mixing zone. The Agency shall not identify a waterbody as an
effluent modified water if it:
1)
has uses known to be adversely impacted by ammonia as designated under
35 Ill. Adm. Code 303.201 outside of any allowable mixing zone; or
2)
exceeds the acute standard of Section 302.212(b) of this Part.
b)
All effluent discharges to an effluent modified water must meet the requirements
of 35 Ill. Adm. Code 304.122(d) prior to dilution with the receiving water.
(Source: Repealed at 26 Ill. Reg. ___________, effective _________________)
Section 302.APPENDIX C Maximum total ammonia nitrogen concentrations allowable for
certain combinations of pH and temperature
Section 302.TABLE A pH-Dependent Values of the AS (Acute Standard)
pH
Acute Standard (mg/L)
≤
7.6
7.7
7.8
7.9
8.0
8.1
8.2
8.3
8.4
8.5
15.0
14.4
12.1
10.1
8.41
6.95
5.73
4.71
3.88
3.20
18
8.6
8.7
8.8
8.9
9.0
2.65
2.20
1.84
1.56
1.32
(Source: Added at 26 Ill. Reg.___________, effective _____________)
19
Section 302.TABLE B Temperature and pH-Dependent Values of the CS (Chronic
Standard) for Fish Early Life Stages Absent
pH
Temperature,
°
Celsius
0-7
8
9 10 11 12 13 14 15 16
6 11.3 10.6 9.92 9.30 8.72 8.17 7.66 7.19 6.74 6.32
6.1 11.2 10.5 9.87 9.25 8.67 8.13 7.62 7.15 6.70 6.28
6.2 11.2 10.5 9.81 9.19 8.62 8.08 7.58 7.10 6.66 6.24
6.3 11.1 10.4 9.73 9.12 8.55 8.02 7.52 7.05 6.61 6.19
6.4 11.0 10.3 9.63 9.03 8.47 7.94 7.44 6.98 6.54 6.13
6.5 10.8 10.1 9.51 8.92 8.36 7.84 7.35 6.89 6.46 6.06
6.6 10.7 9.99 9.37 8.79 8.24 7.72 7.24 6.79 6.36 5.97
6.7 10.5 9.81 9.20 8.62 8.08 7.58 7.11 6.66 6.25 5.86
6.8 10.2 9.58 8.98 8.42 7.90 7.40 6.94 6.51 6.10 5.72
6.9 9.93 9.31 8.73 8.19 7.68 7.20 6.75 6.33 5.93 5.56
7 9.60 9.00 8.43 7.91 7.41 6.95 6.52 6.11 5.73 5.37
7.1 9.20 8.63 8.09 7.58 7.11 6.67 6.25 5.86 5.49 5.15
7.2 8.75 8.20 7.69 7.21 6.76 6.34 5.94 5.57 5.22 4.90
7.3 8.24 7.73 7.25 6.79 6.37 5.97 5.60 5.25 4.92 4.61
7.4 7.69 7.21 6.76 6.33 5.94 5.57 5.22 4.89 4.59 4.30
7.5 7.09 6.64 6.23 5.84 5.48 5.13 4.81 4.51 4.23 3.97
7.6 6.46 6.05 5.67 5.32 4.99 4.68 4.38 4.11 3.85 3.61
7.7 5.81 5.45 5.11 4.79 4.49 4.21 3.95 3.70 3.47 3.25
7.8 5.17 4.84 4.54 4.26 3.99 3.74 3.51 3.29 3.09 2.89
7.9 4.54 4.26 3.99 3.74 3.51 3.29 3.09 2.89 2.71 2.54
8 3.95 3.70 3.47 3.26 3.05 2.86 2.68 2.52 2.36 2.21
8.1 3.41 3.19 2.99 2.81 2.63 2.47 2.31 2.17 2.03 1.91
8.2 2.91 2.73 2.56 2.40 2.25 2.11 1.98 1.85 1.74 1.63
8.3 2.47 2.32 2.18 2.04 1.91 1.79 1.68 1.58 1.48 1.39
8.4 2.09 1.96 1.84 1.73 1.62 1.52 1.42 1.33 1.25 1.17
8.5 1.77 1.66 1.55 1.46 1.37 1.28 1.20 1.13 1.06 0.99
8.6 1.49 1.40 1.31 1.23 1.15 1.08 1.01 0.95 0.89 0.84
8.7 1.26 1.18 1.11 1.04 0.98 0.92 0.86 0.80 0.75 0.71
8.8 1.07 1.01 0.94 0.88 0.83 0.78
0.73 0.68 0.64 0.60
8.9 0.92 0.86 0.81 0.76 0.71 0.66
0.62 0.58 0.55 0.51
9.0 0.79 0.74 0.69 0.65 0.61
0.57
0.54 0.50 0.47 0.44
* At 15
°
C and above, the criterion for fish ELS Absent is the same as the criterion for fish ELS
Present.
(Source: Added at 26 Ill. Reg. ________, effective _________)
20
Section 302.TABLE C Temperature and pH-Dependent Values of the CS (Chronic Standard)for
Fish Early Life Stages Present
pH
Temperature,
°
Celsius
0 14 16 18 20 22 24 26 28 30
6 6.95 6.95 6.32 5.55 4.88 4.29 3.77 3.31 2.91 2.56
6.1 6.91 6.91 6.28 5.52 4.86 4.27 3.75 3.30 2.90 2.55
6.2 6.87 6.87 6.24 5.49 4.82 4.24 3.73 3.28 2.88 2.53
6.3 6.82 6.82 6.19 5.45 4.79 4.21 3.70 3.25 2.86 2.51
6.4 6.75 6.75 6.13 5.39 4.74 4.17 3.66 3.22 2.83 2.49
6.5 6.67 6.67 6.06 5.33 4.68 4.12 3.62 3.18 2.80 2.46
6.6 6.57 6.57 5.97 5.25 4.61 4.05 3.56 3.13 2.75 2.42
6.7 6.44 6.44 5.86 5.15 4.52 3.98 3.50 3.07 2.70 2.37
6.8 6.29 6.29 5.72 5.03 4.42 3.89 3.42 3.00 2.64 2.32
6.9 6.12 6.12 5.56 4.89 4.30 3.78 3.32 2.92 2.57 2.25
7 5.91 5.91 5.37 4.72 4.15 3.65 3.21 2.82 2.48 2.18
7.1 5.67 5.67 5.15 4.53 3.98 3.50 3.08 2.70 2.38 2.09
7.2 5.39 5.39 4.90 4.31 3.78 3.33 2.92 2.57 2.26 1.99
7.3 5.08 5.08 4.61 4.06 3.57 3.13 2.76 2.42 2.13 1.87
7.4 4.73 4.73 4.30 3.78 3.32 2.92 2.57 2.26 1.98 1.74
7.5 4.36 4.36 3.97 3.49 3.06 2.69 2.37 2.08 1.83 1.61
7.6 3.98 3.98 3.61 3.18 2.79 2.45 2.16 1.90 1.67 1.47
7.7 3.58 3.58 3.25 2.86 2.51 2.21 1.94 1.71 1.50 1.32
7.8 3.18 3.18 2.89 2.54 2.23 1.96 1.73 1.52 1.33 1.17
7.9 2.80 2.80 2.54 2.24 1.96 1.73 1.52 1.33 1.17 1.03
8 2.43 2.43 2.21 1.94 1.71 1.50 1.32 1.16 1.02 0.90
8.1 2.10 2.10 1.91 1.68 1.47 1.29 1.14 1.00 0.88
0.77
8.2 1.79 1.79 1.63 1.43 1.26 1.11 0.97 0.86 0.75
0.66
8.3 1.52 1.52 1.39 1.22 1.07 0.94 0.83 0.73 0.64 0.56
8.4 1.29 1.29 1.17 1.03 0.91 0.80 0.70 0.62 0.54 0.48
8.5 1.09 1.09 0.99 0.87 0.76 0.67 0.59 0.52 0.46 0.40
8.6 0.92 0.92 0.84 0.73 0.65 0.57 0.50 0.44 0.39 0.34
8.7 0.78 0.78 0.71 0.62 0.55 0.48 0.42 0.37 0.33 0.29
8.8 0.66 0.66 0.60 0.53 0.46 0.41 0.36 0.32 0.28 0.24
8.9 0.56 0.56 0.51 0.45 0.40 0.35 0.31 0.27 0.24 0.21
9 0.49 0.49 0.44 0.39 0.34 0.30 0.26 0.23 0.20
0.18
(Source: Added at 26 Ill. Reg. _______, effective ______________)
21
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 304
EFFLUENT STANDARDS
SUBPART A: GENERAL EFFLUENT STANDARDS
Section
304.101 Preamble
304.102 Dilution
304.103 Background Concentrations
304.104 Averaging
304.105
Violation of Water Quality Standards
304.106 Offensive Discharges
304.120 Deoxygenating Wastes
304.121 Bacteria
304.122
Total Ammonia Nitrogen (as N: STORET number 00610)
304.123
Phosphorus (STORET number 00665)
304.124 Additional Contaminants
304.125 pH
304.126 Mercury
304.140
Delays in Upgrading (Repealed)
304.141 NPDES Effluent Standards
304.142
New Source Performance Standards (Repealed)
SUBPART B: SITE SPECIFIC RULES AND EXCEPTIONS NOT OF GENERAL
APPLICABILITY
Section
304.201
Wastewater Treatment Plant Discharges of the Metropolitan Water
Reclamation District of Greater Chicago
304.202 Chlor-alkali Mercury Discharges in St. Clair County
304.203
Copper Discharges by Olin Corporation
304.204
Schoenberger Creek: Groundwater Discharges
304.205
John Deere Foundry Discharges
304.206
Alton Water Company Treatment Plant Discharges
304.207
Galesburg Sanitary District Deoxygenating Wastes Discharges
304.208
City of Lockport Treatment Plant Discharges
304.209
Wood River Station Total Suspended Solids Discharges
304.210
Alton Wastewater Treatment Plant Discharges
304.211 Discharges From Borden Chemicals and Plastics Operating Limited
Partnership Into an Unnamed Tributary of Long Point Slough
304.212
Sanitary District of Decatur Discharges
304.213
PDV Midwest Refining, L.L.C. Refinery Ammonia Discharge
304.214
Mobil Oil Refinery Ammonia Discharge
22
304.215
City of Tuscola Wastewater Treatment Facility Discharges
304.216
Newton Station Suspended Solids Discharges
304.218
City of Pana Phosphorus Discharge
304.219
North Shore Sanitary District Phosphorus Discharges
304.220
East St. Louis Treatment Facility, Illinois-American Water Company
304.221
Ringwood Drive Manufacturing Facility in McHenry County
304.222
Intermittent Discharge of TRC
SUBPART C: TEMPORARY EFFLUENT STANDARDS
Section
304.301
Exception for Ammonia Nitrogen Water Quality Violations (Repealed)
304.302
City of Joliet East Side Wastewater Treatment Plant
304.303
Amerock Corporation, Rockford Facility
Appendix A
References to Previous Rules
AUTHORITY: Implementing Section 13 and authorized by Section 27 of the Environmental
Protection Act [415 ILCS 5/13 and 27].
SOURCE: Filed with the Secretary of State January 1, 1978; amended at 2 Ill. Reg. 30, p. 343,
effective July 27, 1978; amended at 2 Ill. Reg. 44, p. 151, effective November 2, 1978; amended
at 3 Ill. Reg. 20, p. 95, effective May 17, 1979; amended at 3 Ill. Reg. 25, p. 190, effective June
21, 1979; amended at 4 Ill. Reg. 20, p. 53 effective May 7, 1980; amended at 6 Ill. Reg. 563,
effective December 24, 1981; codified at 6 Ill. Reg. 7818: amended at 6 Ill. Reg. 11161, effective
September 7, 1982; amended at 6 Ill. Reg. 13750, effective October 26, 1982; amended at 7 Ill.
Reg. 3020, effective March 4, 1983; amended at 7 Ill. Reg. 8111, effective June 23, 1983;
amended at 7 Ill. Reg. 14515, effective October 14, 1983; amended at 7 Ill. Reg. 14910, effective
November 14, 1983; amended at 8 Ill. Reg. 1600, effective January 18, 1984; amended at 8 Ill.
Reg. 3687, effective March 14, 1984; amended at 8 Ill. Reg. 8237, effective June 8, 1984;
amended at 9 Ill. Reg. 1379, effective January 21, 1985; amended at 9 Ill. Reg. 4510, effective
March 22, 1985; peremptory amendment at 10 Ill. Reg. 456, effective December 23, 1985;
amended at 11 Ill. Reg. 3117, effective January 28, 1987; amended in R84-13 at 11 Ill. Reg.
7291 effective April 3, 1987; amended in R86-17(A) at 11 Ill. Reg. 14748, effective August 24,
1987; amended in R84-16 at 12 Ill. Reg. 2445, effective January 15, 1988; amended in R83-23 at
12 Ill. Reg. 8658, effective May 10, 1988; amended in R87-27 at 12 Ill. Reg. 9905, effective
May 27, 1988; amended in R82-7 at 12 Ill. Reg. 10712, effective June 9, 1988; amended in R85-
29 at 12 Ill. Reg. 12064, effective July 12, 1988; amended in R87-22 at 12 Ill. Reg. 13966,
effective August 23, 1988; amended in R86-3 at 12 Ill. Reg. 20126, effective November 16,
1988; amended in R84-20 at 13 Ill. Reg. 851, effective January 9, 1989; amended in R85-11 at
13 Ill. Reg. 2060, effective February 6, 1989; amended in R88-1 at 13 Ill. Reg. 5976, effective
April 18, 1989; amended in R86-17(B) at 13 Ill. Reg. 7754, effective May 4, 1989; amended in
R88-22 at 13 Ill. Reg. 8880, effective May 26, 1989; amended in R87-6 at 14 Ill. Reg. 6777,
effective April 24, 1990; amended in R87-36 at 14 Ill. Reg. 9437, effective May 31, 1990;
amended in R88-21(B) at 14 Ill. Reg. 12538, effective July 18, 1990; amended in R84-44 at 14
Ill. Reg. 20719, effective December 11, 1990; amended in R86-14 at 15 Ill. Reg. 241, effective
23
December 18, 1990; amended in R93-8 at 18 Ill. Reg. 267, effective December 23, 1993;
amended in R87-33 at 18 Ill. Reg. 11574, effective July 7, 1994; amended in R95-14 at 20 Ill.
Reg. 3528, effective February 8, 1996; amended in R94-1(B) at 21 Ill. Reg. 364, effective
December 23, 1996; expedited correction in R94-1(B) at 21 Ill. Reg. 6269, effective December
23, 1996; amended in R97-25 at 22 Ill. Reg. 1351, effective December 24, 1997; amended in
R97-28 at 23 Ill. Reg. 3512, effective February 3, 1998; amended in R98-14 at 23 Ill. Reg.687,
effective December 31, 1998; amended in R02-19 at 26 Ill. Reg. ________, effective _________.
BOARD NOTE: This Part implements the Illinois Environmental Protection Act of July 1,
1994.
SUBPART A: GENERAL EFFLUENT STANDARDS
Section 304.122 Total Ammonia Nitrogen (as N: STORET number 00610)
a) No effluent from any source which discharges to the Illinois River, the Des
Plaines River downstream of its confluence with the Chicago River System or the
Calumet River System, and whose untreated waste load is 50,000 or more
population equivalents shall contain more than 2.5 mg/L of total ammonia
nitrogen as N during the months of April through October, or 4 mg/L at other
times.
b) Sources discharging to any of the above waters and whose untreated waste load
cannot be computed on a population equivalent basis comparable to that used for
municipal waste treatment plants and whose total ammonia nitrogen as N
discharge exceeds 45.4 kg/day (100 pounds per day) shall not discharge an
effluent of more than 3.0 mg/L of total ammonia nitrogen as N.
c) In addition to the effluent standards set forth in subsections (a) and (b) of this
Section, all sources are subject to Section 304.105 unless the Agency determines
as part of the NPDES Permit Program under 35 Ill. Adm. Code 309: Subpart A
that alternate effluent standards are applicable pursuant to subsection (d) of this
Section.
d)
All dischargers to effluent modified waters as defined at 35 Ill. Adm. Code
302.213, except for treatment works qualifying under Section 304.120(c), shall
have an effective NPDES permit with monthly average effluent limits of 1.5 mg/L
total ammonia as N during the months of April through October, and 4.0 mg/L
total ammonia as N at other times, as well as the following restrictions:
1)
Dischargers achieving lower ammonia concentrations than given above,
yet not meeting the chronic water quality standards of 35 Ill. Adm. Code
302.212(b), shall maintain their existing level of performance consistent
with the facility's expected organic and hydraulic loadings for the duration
of their NPDES permit.
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2)
New or expanded discharges that increase ammonia loading to general use
waters and/or create effluent modified waters or portions of waters must
demonstrate compliance to the Agency with the nondegradation
requirements at 35 Ill. Adm. Code 302.105.
(Source: Amended at 26 Ill. Reg. _____, effective __________)
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
Board adopted the above opinion and order on October 17, 2002, by a vote of 6-0.
Dorothy
M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
