ILLINOIS POLLUTION CONTROL BOARD

August 20,

1981

IN THE MATTER OF:

)

AMENDMENTS TO CHAPTER 3:

)

 R76-21

WATER POLLUTION

PROPOSED RULE.

 SECOND NOTICE

ORDER OF THE BOARD

 (by J.

ID.

 Dumelle):

On February 19, 1981 the Board adopted a proposed rule, first

notice Order in this rulemaking.

 Th.is was published in the Illinois

Register

(5

 Ill. Reg. no.

11,

 p. 2629, March 13, 1981).

The

 corn—

iñént period is over.

 In response to comments the Board proposes

to adopt the language which appears below.

 Changes from the Feb-

ruary 19 Order are indicated by striking out and underlining.

The

Clerk is directed to initiate the second notice period.

Subpart A:

 General Effluent Standards

Rule 400

 Preamble

This part prescribes the maximum concentrations of various contam-

inants which may be discharged to the waters of the State.

 Subpart

A prescribes standards of general applicability.

 Site specific

rules and particular exceptions are found in Subpart B.

Rule 401

 General Provisions

a)

 (Unchanged)

b)

 (Unchanged)

c)

 Except as otherwise specifically provided, proof of violation

of the numerical standards of this Part shall be ~

on

the basis of one or more of the following averaging rules:

1)

 The—evef~ge—of—~e—er—rnore—~w—we~ge~—~4—he~r—epe,4te

~

 No monthly average shall

i~ebexceed the prescribed numerical standard.

2)

No-

~

 daily composite sarnp~eshall exceed

two times the prescribed numerical standard.

3)

 No grab sample7-whether-en-±nd±d±~y-er-as-an-~±±~ot

e?-~-ee~npese-s~np~e7

 shall exceed five times the pre-

scribed numerical standard.

43—219

—2—

4)-

~

~

 fw-we~ed-~4-he~it’-eem-

~

 a-~ve~

~

—~eqi~.tre~7

 -~e~-è-~ewg-~~e~-a~e-app~y-~

A)-

~

~

eea~-ø~ft~af4~

B)-

 The—~vere-e~-ne-or-Mefe-gre~

 -mp~e~—takei~-en

thr~é—or—mo~~e—day~-

~

~

~

d)

~

 -~3~

~

Terms used in Rule 401(c)

 shall have the following meanings:

1)

 The monthly average shall be the numerical average of all

—

 daily composites taken during a calendar month.

 A monthly

average must be based on at least three daily composites.

2)

 A daily composite shall be the numerical avera~eof all

grab samples, or the result of analysis of a single sample

formed by combining all aliguots,

taken

 during a calendar

 day.

 A daily composite must be based on at least three

grab samples or three aliguots taken

 at different times.

3)

 A grab sample is

 a sample taken at a sin9le time.

 Ali-

guots of a daily composite are grab samples only if they

are analyzed separately.

e)

 Rule 401(c)

 establishes a method of interpretation of the ef-

fluent standards of this Part.

 The Agency shall consider the

averaging rule in deciding whether an applicant has demon-

strated that a facility complies with this Part for purposes

of permit issuance and in writing the effluent standards into

permit conditions.

 Reporting and monitoring requirements are

established by way of permit condition pursuant to Rules 501

and

 10(f)

f)

 Proof of violation of effluent

 limitations contained in permits

—

 shall be based on the language of the permit.

43—220

—3—

Rule 408

 Additional Contaminants

a)

 No person shall cause or allow the concentration of the follow-

ing constituents in any effluent to exceed the following

levels,

 subject to the averaging rules contained in Rule 401(c).

STORET

CONSTITUENT

NUMBER

CONCENTRATION

(mg/l)

Arsenic

 0’002

 0.25

Barium

01007

2.0

Cadmium 1

01027

 0.15

Chromium (to~~hexavalent) 01032

0.1

Chromium

 (total)

01034

1.0

Copper

01042

0.5

Cyanide

00720

 0.10

Fluoride

00951

 15.0

Iron (total)

01045

2.0

Lead

01051

0.2

Manganese

01055

1.0

Nickel

01067

1.0

Oi1s~(hexane soluble

00550

 15.00

or equivalent)

Phenols

32730

0.3

Silver

01077

0.1

Zinc

01092

1.0

Total Suspended Solids

00530

 15.0

(from sources other than

those covered by Rule 404)

.~Dischargesof hexavalent chromium shall be subject to the

averaging rule of Rule 401(c) modified as follows:

 monthly

averages shall not exceed

0.1

 mg/i; dail~ycomposites

 shall not

exceed 0.3 mg/l;

 and,

 grab samples shall not exceed 1.0 mg/i.

aoii may be analytically separated into polar and nonpolar

components.

 If such separation is done, neither of the components

may exceed 15 ing/l

 (i.e.

 15 mg/l polar materials and 15 mg/l non-

polar materials).

43—22 1

—4—

b)

 Unless otherwise indicated,

 concentrations refer to the total

amount

of the constituent present in all phases, whether solid,

suspended or dissolved, elemental or combined, including all

oxidation states.

 Where constituents are commonly measured as

other than total, the word “tota1~tis inserted for clarity.

c)

The

 following table is provided for cross-referencing purposes:

CONSTITUENT

 RULE(S)

Ammonia nitrogen

 402..1 and 406

Bacteria

405

Biochemical Oxygen Demand

404

Deoxygenating Wastes

404

Mercury

411

Nitrogen, ammonia

 402.1 and 406

pH

413

Phosphorus

407

Rule 411

 Mercury

a)

 Except as provided below, no person shall cause or allow the

concentration of mercury in any effluent to exceed the follow-

ing level,

 subject to the averaging rule contained in Rule

401(c).

STORET

CONSTITUENT

NUMBER

CONCENTRATION

(mg/i)

Mercury

71900

 0.0005

b)

 It shall be an exception to paragraph

(a)

 if all of the follow-

ing conditions are met:

—or—rnerc~ry—±~—u~ed

~

The discharger does not use mercury;

or,

 the discharger

uses mercury and this use cannot be eliminated;

 or, the

discharger uses mercury only in chemical analysis or in

 laboratory or other

equipment

 and takes reasonable care

to avoid contamination of wastewater;

 and,

2)

 The effluent mercury concentration is less than 0.003 mg/i,

as- determined by application of the averaging rules of Rule

43—222

—5—

401(c);

and

3)

 The discharger is providing the best degree of treatment

consistent with technological

 feasibility, economic

reasonableness and sound engineering judgment.

 This may

include no treatment for mercury; and

4)

 The discharger has an inspection and maintenance program

likely to reduce or prevent an increase in the level of

mercury

discharges.

c)

shall

 an exception to paragraph

(a)

if

all of the follow-

ing conditions

 are met:

1)

 The discharger is

 a publicly owned or publicly regulated

sewage treatment works;

and

2)

~

The discharger does not use mercury; or, the discharger

uses mercury only in chemical analysis or in laboratory

or other eguipment and takes reasonable care to avoid

contamination of wastewater;

and

3)

 The effluent mercury concentration is less than 0.003 mg/i,

as determined by application of the averaging rules of Rule

401(c)7 ~

 provided, however, that

daily averages may exceed 0.006 mg/i 30

 of the time; and

4)

 The discharger has enforceable ordinances or contract pro-

visions whereby it limits use of mercury by dischargers

and discharge of mercury into its sewage system; and

5)

 The discharger’s limitations on use and discharge of

mercury to its sewage system are at least as stringent as

those provided in Rule 702; and

6)

 The discharger has a surveillance program with

 a reasonable

likelihood of determining sources of mercury discharged to

the sewage system;

and

7)

 The discharger takes all lawful steps

 to eliminate known

mercury discharges to the sewage system which contribute

levels in excess of those allowed by Rule 702;

and

The

discharger

reports

all

known

violations

 Rule

702

the

Agency.

d)-

~

~

 —e~—~se

 —in—

 bora’~ofy-er—e’~her—eq~tpmertt

~

w~s~ewa~e

43—223

—6—

e3

d)

 For purposes of permit issuance the Agency may consider appli-

cation of the exceptions of this rule to determine compliance

with this rule.

 The Agency may impose permit conditions neces-

 sary or required to assure continued application of an excep-

tion.

 When paragraph

(b)

 applies, the Agency may impose an

effluent limitation in the permit which allows discharge of a

concentration of mercury greater than 0,0005 mg/i but not more

than 0.003 mg/i.

Rule 412

 New Source Performance Standards

The

 numerical effluent standards of this Part do not apply under

the following circumstances:

The

discharge

 is authorized by an NPDES permit;

and

b)

 The facility from which the discharge results

 is subject to

new source performance standards promulgated by USEPA pursuant

to the Clean Water Act; and

c)

 The NPDES

permit

contains

numerical

effluent

limitation

based

upon USEPA effluent guidelines and standards representing best

available demonstrated control technology for the constituent

in question.

Rule 413

pH

a)

 Except as provided below no person shall cause

 or allow the

negative logarithm of the hydrogen ion concentration

 (pH)

in

any effluent to be more or less respectively than the maximum

and minimum values for pH range indicated in the following

table:

STORET

CONSTITUENT

 RANGE

 NUMBER

pH

00400

 6—9

b)

 The pH limitation is not subject to the averaging rule con-

tained in Rule 401(c).

c)

 Effluents which are monitored so as to provide a permanent,

continuous

record

may

outside

the

 listed range for

not-m~re—’~h~n

total

not

than

fifteen

minutes

any

day

provided

the

excursion

accidental

 and less than one pH

unit above or below the listed range.

43—224

—7—

d)

 pH-~±

~

~

en~~e

The

maximum

limitation

may

exceeded

the

elevated

pH level:

caused

entirely

algae

treatment

lagoons,

which

—

 case there is no upper pH limit;

or

2)

 is caused by the addition of alkali in the wastewater

treatment

process

cause

precipitation

barium,

cadrni~’

urn,

chromium,

copper,

lead,

manganese,

zinc

other

materials requiring such elevated pH for treatment,

in

which case the upper limit shall be pH

 10 and subsection

(c)

 shall not apply to the upper limit.

e)

 The burden of proving that paragraph

(c)

or

(d)

 applies is

upon the discharger.

Subpart B:

 Site Specific Effluent Standards and Exceptions

Rule 450

 Calumet Treatment Plant Cyanide Discharges

The general effluent standard of Rule 408 does not apply to cyanide

discharged from the

Calumet

Treatment

Plant

the

Metropolitan

Sanitary District of Greater Chicago.

 Instead it must meet the

following effluent standard, subject to the averaging rule of

Rule 401(c):

STORET

CONSTITUENT

NUMBER

CONCENTRATION

(mg/i)

Cyanide

00720

 0.15

Rule 451

 Chlor-alkali Mercury Discharges in St. Clair County

The mercury discharge standards of Rules 411 and 702(a)

 shall not

apply to any manufacturing facility which operates chlor-alkali

cells, is

 located in St. Clair County and discharges directly, or

indirectly into the Mississippi River; or to any publicly owned

treatment works which receives such a manufacturing facility’s

wastewater.

 The amount of mercury discharged by any such manu-

 facturing facility shall not exceed an average of 114 g/day

 (0.25

pounds per day) during any calendar month and a maximum of 227 g

(0.5 pounds)

 during any one day.

 Any publicly owned treatment

works which, directly or indirectly, receives such a manufacturing

facility’s wastewater shall be entitled to discharge mercury in

43—225

—8—

excess of the levels provided in Rule 408(a)

 to the extent that

said discharge exceeds those

 levels because of such

 a manufactur-

ing facility’s discharge.

(filed

October

23,

1978,

effective

November

1978)

Rule 702

 Mercury

Discharges

 to Sewers

a)

 Except as provided below, no person shall cause or allow the

concentration of mercury in any discharge to

 a publicly owned

or publicly regulated sewer system to exceed the following

level, subject to the averaging rule contained in Rule 401(c):

STORET

CONSTITUENT

NUMBER

CONCENTRATION

(mg/i)

Mercury

71900

 0.0005

b)

 It shall be an exception to paragraph

(a)

if

all

the

following

conditions are met:

1)

 Me~ee~y—~s

 —~e~

 —i~s~ed—~y-~e

 -~se~a~ge~t

~

—~b~

 —~&e—e~nfte~-~e

 -e~eâ~-ai~

The discharger does not use mercury; or, the discharger

uses mercury and this use cannot

eliminated;

 or, the

discharger uses mercury only in chemical analysis orin

laboratory or other equipment and takes reasonable care

to avoid contamination of wastewater;

 and,

2)

 The discharge mercury concentration is less than 0.003

mg/i,

 as determined by application of the averaging rules

of Rule 401(c);

and

3)

 The discharger is providing the best degree of treatment

consistent with technological feasibility, economic reason-

ableness and sound engineering judgment.

 This may include

no treatment for mercury; and

4)

 The discharger has an inspection and maintenance program

likely to reduce or to prevent an increase in the level

of mercury discharges.

c)

 The discharge of wastes from medicinal or therapeutic use of

mercury, exclusive of laboratory use, shall be exempt from the

limitation of paragraph

(a)

 of this Section if all the follow-

ing conditions are met:

43—226

—9—

1)

 The total plant discharge is less than 227 g

 (one half

pound)

 any year;

2)

 The discharge

public

sewer

system;

and

3)

 The discharge does not,

 alone or in conjunction with

other sources,

 cause the effluent from the sewer system

or treatment plant to exceed 0.0005 mg/l mercury.

d)

 N~-~As

~

 No person shall

cause or allow any discharge of mercury to a publicly owned

or publicly regulated sewer system which, alone or in conthina—

~ion with other sources,

 causes a violation by the sewer treat-

ment plant discharge of the water quality standard of ~999~

~

 Part II for mercury applicable in the re-

ceiving stream.

e)

 For purposes of permit issuance the Agency may consider appli-

cation of the exception of paragraph

(b)

 to determine compli-

ance with this rule.

 The Agency may impose permit conditions

necessary or required to assure continued application

 of the

exception.

 When Rule 702(b)

 applies, the Agency may impose

an effluent limitation in the permit which allows discharge

of a concentration of mercury greater than 0.0005 mg/i but not

more than 0.003 mg/l.

Rule 9~6918

 TDS Reporting and Monitoring

The Agency shall by permit condition require monitoring and re-

porting of levels of total dissolved solids in all effluents

unless it finds that such reporting and monitoring is not required

to accomplish the purposes of the Act.

 Monitoring of total dis-~

solved solids levels shall be by any reasonably reliable method.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was

 adopted on the

_____

day of

_________,

 1981 by a vote of

 ~J~-O

Christan L. Moff~, Clerk

Illinois Po1luti~irControl Board

43—227