ILLINOIS POLLUTION CONTROL BOARD
February 15,
1979
IN THE MATTER OF:
AMENDMENTS
TO THE WATER
)
R76-1
POLLUTION REGULATIONS
)
PROPOSED OPINION OF THE BOARD
(by Mr. Dumelle):
This proceeding was initiated by a Petition from the Agency
filed with the Board on January
5,
1976.
The Petition was
published in Environmental Register #118 on January 27,
1976.
Hearings were held on June
2,
1976 in Peoria and on September
9,
1976 in Chicago.
A study entitled “An Economic Analysis of
Phosphorus
Control and Other Aspects
of R76-t”
(IIEQ Document No.
78/16) was received by the Board from the Illinois Institute for
Environmental Quality on June
30,
1978.
Hearings were held on
the study on September
11,
1978 in Kankakee and September
15,
1978 in Chicago.
This Proposed Opinion supports
a Proposed Order adopted by
the Board on January
4,
1979.
Each proposed revision to Chapter
3:
Water Pollution will be discussed in the order in which
it
appears
in the Proposed Order.
RULE 203(c)
The Agency proposed that this rule be deleted.
Rule 402
provides that whenever a body of water violates water quality
standards,
all dischargers to that body of water must reduce the
strength
of their effluent to a level which will
not contribute
to any further violation.
Since 27 out of
28 lakes studied in
Illinois are eutrophic
(R.16)
as well as 273 surveyed by the
Agency and the Department of Conservation
(R.92), all point
sources which discharge to these
lakes
or to any tributary to
them must comply with the water quality standard of 0.05 mg/l in
order to avoid further aggravation
of the water quality
violations
in these lakes.
As an alternative to this situation,
the Agency proposes that all such point source discharges whose
untreated waste
load is 1500 or more population equivalents meet
an effluent standard of 1.0
mg/i.
The Agency’s reasoning is that
an effluent standard of 0.05 mg/i
is not feasible for point
source discharges and that these dischargers need relief until
a
coordinated strategy covering point and nonpoint sources
is
developed
(R.7).
In 1972 the Board concluded that
“.
.
.
phosphorus above
this level
(0.05 mg/i)
in relatively
still water can give rise to
obnoxious algae blooms”.
(3 PCB 758)
The Board received
evidence
in this record that the present water quality standard
should be retained
(R.133,
158; June
23, 1976 comment from the
Illinois State Water Survey)
as
a benchmark against eutrophication.
32—595
—2-.
The Board concludes that the standard in Rule 203(c) should
be
retained as a goal with the proviso that point source
dischargers which comply with Rule 407 (discussed
infra)
should
not be required to meet
a 0.05 mg/l effluent standard.
The
20 acre minimum size
for lakes or reservoirs
is the size
used by USEPA,
and it represents the extent of known data on
Illinois lakes
(R.18).
Low level pools are excluded to avoid
coverage of tributary pools formed for purposes of navigation or
low level water control.
(R.19)
Bodies of water which are part
of an operation including the application of sludge on land are
excluded because of concerns raised by the Metropolitan Sanitary
District of Greater Chicago
(MSD).
A witness for MSD stated that
this exclusion was necessary to exempt the reservoirs and the
discharges
to them which are encompassed by the MSD’s project in
Fulton County.
(R.110—130)
The Board agrees
that these reservoirs
have
no public recreational value and no purpose would be served
by limiting their phosphorus
levels.
RULE 203(f)
The changes
in STORET numbers in Rule
203(f) were described
by the Agency as clerical
in nature.
(R.52)
Each change
is
described
in detail
in Exhibit
4.
The changes provide for the
use of different analytical techniques
in water quality analyses.
(R.52—56,
98)
RULE 203(i)
The thermal standards which apply to the lower Des Plaines
River from the 1-55 bridge to its confluence with the Kankakee
River are deleted since these standards expired on July
1,
1978.
RULE
204
The STORET numbers
in Rule 204 are being changed for the
same reasons cited
in the discussion of Rule 203(f).
All
of the
other changes and deletions are being made to conform Rule
204
with the recently proposed changes
to Rule 304B4 of Chapter
6:
Public Water Supplies
in R77-13.
Since Rule
304B4 of Chapter
6
sets the standards
for chemical and physical quality of
finished
drinking water and Rule 204
is aimed at protecting water
designated for public and food processing consumption,
the
standards should he similar.
RULE 206
The STORET number for total dissolved solids
in Lake
Michigan
is being changed for the same reasons cited in the
discussion of Rule 203(f).
32—596
RULE
302
The changes to Rule
302 simply clarify
the purpose of this
rule.
In Modine Manufacturing Company
v.
PCB,
40 Ill.App.3d 498,
351 N.E.2d 875
(Second District 1976) and Olin Corporation
v. EPA
& PCB,
54 Ill.App.3d 480,
370 N.E.2d
3
(Fifth District
1977),
two Appellate Courts ruled that the only way streams could
be reclassified
to be included in Rule 302 was through the
Board’s rulemaking procedure.
Rule 302
is being changed to
clarify that fact and to state that the standards of Rule 205
should apply
(as they always have)
to these waters.
RULE
404
The maximum standard for suspended solids
is being lowered
from 37 mg/l to 30 mg/i to conform with the Federal
standard for
secondary treatment.
(R.61)
Since all point source discharges
in
Illinois must comply with the Federal minimum,
the old standard
was no longer
in effect anyway.
The Agency contended that the
revision should not cause any great difficulty.
(R.61,67,96)
The
STORET number for suspended solids has been added to provide
a
standard technique
for analysis of
this parameter.
The interim standards
in Rules 404(a),(h),(c),
and
renumbered
(g)
have been deleted because all
of their deadlines
have passed.
The demonstration requirements
in Rules 404(c)(i) and
404(e)(ii)(A) are being changed to clarify their intent.
These
demonstrations are designed to measure downstream effects on
dissolved oxygen only.
(R.61)
If any of these discharges cause
downstream violations
of any other water quality standards,
the
mandate of Rule 402 still applies.
The changes
to renumbered Rule 404(f)
are being made to
provide the Agency with the flexibility
it needs
to administer
the NPDES permit program
as provided in Rule
910(f).
RULE 407
The effluent standard in Rule
407(b)
for phosphorous
discharges
in the Fox River basin is being eliminated for all
dischargers below the Chain of Lakes.
The Board received
a
comment from the Aurora Sanitary District which indicated that as
long
as the Chain of Lakes was causing phosphorous problems
in
the Fox River,
downstream control wasn’t going
to help anything.
The Agency agreed that it might be wise to hold up operation of
downstream phosphorus removal
facilities until
a Chain of Lakes
control
strategy is implemented.
(R.94)
The Agency did not feel
it would be appropriate
to drop the requirement that these
facilities be installed since this might jeopardize grant funds.
(R.93)
The Board
is not convinced that phosphorus removal should
32—597
—4--
ever be required when there
is no downstream lake or reservoir.
Since the phosphorus problem on the Fox River can be traced to
the Chain
of Lakes,
the strategy for control
in the Fox River
basin should be limited to those discharges which drain into
those
lakes.
A new Rule 407(c) provides for an effluent standard (1.0
mg/l)
for large discharges which are tributary to lakes or
reservoirs.
The Board has adopted
1.0 mg/l since this represents
the limit for consistent performance from a sewage treatment
plant
(R.11) without advanced wastewater treatment
(P.193—197;
Ex. 6,13,24; September
9,
1976 and September
8,
1978 comments
from Granite City Steel and In Re:
Phosphorus Water Standards,
P70—6;
1 PCB 515,521—523;
April
28,
1971).
A cutoff figure of
5,000
or more population equivalents
is proposed
for required
treatment
for phosphorus with new sources complying immediately
and existing sources complying by December 31,
1980.
The
5,000
P.E.
figure was chosen because
this represents the point
at which
economics
of scale set
in and the cost of phosphorus
removal
by
conventional means
(alum or ferric chloride addition)
levels off
(Ex.
18, pp.
21,24).
A new Rule 407(d) provides that discharges with a range
between
1500 and 5000 population equivalents should not have to
treat for phosphorus unless
a downstream
lake or reservoir still
violates the water quality standard in Rule 203(c)
(0.05 mg/i)
after December 31,
1983.
These smaller dischargers should not
have to face the higher treatment
costs per gallon of flow unless
the Agency’s nonpoint source control
strategy under Section
208
of the Clean Water Act has failed
to result
in compliance
in the
next five years.
Point source dischargers which employ third
—
stage treatment lagoons shall
remain exempt from meeting any
effluent standard for phosphorus because the Board has not been
shown,
nor is the Board aware of, any feasible way these
dischargers can provide for phosphorus removal.
The definitions
in the new Rule 407(e)
are the same as
those
cited in revised Rule 203(c) and are supported by the same
evidence.
The compliance dates for existing sources
in the new Rules
407(f)(ii) and
(g) both provide
for a two year grace period which
the Board concludes
is reasonable.
If either of these dates
creates arbitrary or unreasonable hardship,
the variance
provisions in Title IX of the Act and Part IV of the Procedural
Rules provide for appropriate relief.
The provision for
immediate compliance by new sources
is justified since these
dischargers can design their facilities with this new rule
in
mind.
RULE
408
The change in the STORET number for selenium in Rule 408(a)
is supported by the same reasons cited in the discussion of Rule
203(f).
Rule 408(e) has been deleted since both of its interim
compliance dates have passed.
32—59~
—5—
ECONOMIC
IMPACT
Twenty—seven
sewage treatment plants that would be affected
by the proposed regulation were identified
in the Study.
(Ex.18,
p.14)
This identification was based on
the proposed Rule 407(c)
which had a 1500 population equivalent
(P.E.)
cutoff.
With
a
5000
PE cutoff
it is apparent that many of
these twenty-seven
would not be covered by Rule 407(c); however,
some could fall
under the coverage of Rule 407(d)
and be required to control
their phosphorus effluents at
a
later date.
This introduces
additional uncertainty into the quantification of control costs
which are attributable
to the proposed regulation.
Thus the
total yearly costs which were estimated
(Ex.18,
p.2O)
should be
used as an estimate
of possible, but not probable,
costs.
Estimated costs
to individual sewage treatment plants which are
still covered remain valid.
The Study estimated control costs
of phosphorus
removal by
mineral addition and also by land application.
The former was
found to be cheaper.
(R.213; Ex.18,
p.25)
A range of total
annual costs of meeting a
1 mg/i effluent standard by mineral
addition for the
27 sewage treatment plants
of one-half to one
million dollars was estimated.
(R.215-216)
This was compared to
the Ely, MN experience
in treating to
a 0.05 mg/i effluent level.
It was estimated that for the 27 sewage treatment plants to meet
an effluent limitation of 0.05 mg/i would cost three
to six times
what
it would cost to meet
a 1.0 mg/i effluent standard.
(Ex.18,
p.32)
The Study investigated the effect of phosphorus point source
control on the eutrophic condition of Illinois lakes.
The
analysis classified
lakes as eutrophic or oligotrophic using the
following predictory variables: phosphorus
loading, mean depth,
and residence time of the water
in the lake.
(Ex.18,
p.37)
Then,
a change in phosphorus loadings
(consistent with the proposed
regulation) was postulated;
the change in probability of non—
eutrophic status was calculated.
The authors
of the Study
concluded that
in most cases
“although some long run type of
improvement might be predicted,
the
lakes would still probably
not become noneutrophic because of this standard.”
(P.220; Ex.18,
pp.46—48)
However, the authors also point out that while the
postulated reduction in phosphorus
loading may not in and of
itself be sufficient to change the trophic status,
the lake has
been brought that much closer to the necessary conditions
for a
change
in trophic status.
(Ex.18,
p.38)
An attempt was made to quantify the recreational
value of
nine lakes
in Illinois.
An estimated demand curve for lake
recreation was based on the travel cost method.
(Ex.18, p.49)
The travel cost method,
as the name implies, attributes
differences
in attendance
at recreational areas
to the
differences
in the cost of traveling
to these areas.
This travel
cost is treated as the price of recreation and hence
a demand
32—599
—6—
curve can be formulated.
From the demand curve comes
an estimate
of the total value of recreation,
including consumer surplus.
(P.225; Ex.18, pp.49—53)
The Study made clear that this method
can understate benefits.
(Fx.18,
pp.55—56)
This point was also
made
in Exhibit
21.
Net benefits of the nine lakes were estimated for the
present
(Ex.18,
p.61,
table
2),
for the year 1990
(Ex.18,
p.63,
table
3), and for the year 2000
(Ex.18, p.63,
table
4).
The
fundamental
limitation to this analysis
is that the Study does
not relate changes
in water quality to changes
in recreational
value.
(R.225—226; Ex.18,
p.70)
However,
the quantification
of
net benefits does demonstrate that a relatively small percentage
increase
in recreation value would cause an increase in
quantified benefits
in excess of
the anticipated control costs.
(R.226; Ex.18,
p.72)
An analysis of secondary benefits
to the Illinois economy
due
to the proposed regulation was performed;
this analysis,
however,
is also limited by the inability
to relate changes
in
water quality to changes
in recreational value.
(R.227)
It was
estimated that
a
1
increase in lake visitation would increase
Illinois production by $1.47 million in 1990 and $1.64 million in
2000; the number of jobs associated with such
a 1
increase are
71 by 1990 and 80 in
2000.
The change from 37 mg/i suspended solids
to
30 mg/i
suspended
solids
in Rule 404 is not anticipated
to have any
economic
impact
since
no
additional
control
costs
will
he
incurred.
(Ex.18, p.82)
The proposed deletion of Rule 302(k)
is
merely a clarification of the existing Rule.
Changes to STORET
numbers may change some analytical procedures, but the economic
impact is not anticipated to be significant.
(Ex.18,
p.83)
Based on the above analysis,
the Board can conclude that
adoption of the Agency’s proposal or the Board’s,
which
is less
costly,
should have
no significant adverse economic impact on the
people of the State of Illinois.
I,
Christan L. Moffett,
Clerk
of the Illinois Pollution
Control Board hereby certify the above Proposed Opinion was
adopted on the
~
day of
-~i~9iii.,~jj
1979
by
a
vote
of
,~
/~
_____.
I
(Lh’u~tox7 ~
Christan
L.
Moffett,
~fY1erk
Illinois Pollution Control Board
32—600