ILLINOIS POLLUTION CONTROL BOARD
    November 4, 1999
    IN THE MATTER OF:
    WASTEWATER PRETREATMENT UPDATE,
    USEPA REGULATIONS
    (January 1, 1999, through June 30, 1999)
    )
    )
    )
    )
    )
    R00-7
    (Identical-in-Substance
    Rulemaking - Water)
    Proposed Rule. Proposal for Public Comment.
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
    Pursuant to Sections 7.2 and 13.3 of the Illinois Environmental Protection Act (Act) (415 ILCS
    5/7.2 and 13.3 (1998)), the Board proposes amendments to the Illinois wastewater pretreatment
    regulations. Section 13.3 of the Act provides for quick adoption of regulations that are identical-in-
    substance to federal wastewater pretreatment regulations adopted by the United States Environmental
    Protection Agency (USEPA) pursuant to Sections 307(b), (c), and (d) and 402(b)(9) of the Federal
    Water Pollution Control Act (FWPCA) (33 U.S.C. §§ 1317(b), (c), (d), 1342(b)(9) (1996)). Section
    13.3 of the Act also provides that Title VII of the Act and Section 5 of the Administrative Procedure
    Act (APA) (5 ILCS 100/5-35 and 5-40 (1998)), do not apply to this rulemaking. Accordingly, this
    rulemaking is not subject to first or second-notice review by the Joint Committee on Administrative
    Rules.
    Section 7.2(b) of the Act (415 ILCS 5/7.2 (1998)) requires the Board to complete its identical-
    in-substance rulemaking actions within one year of the date of the earliest federal amendments involved
    in a docket. In this docket, the earliest federal action requiring Board action occurred on February 2,
    1999. Thus, the Board must complete its rulemaking activity in this docket prior to February 2, 2000.
    FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING
    This proposed rulemaking incorporates certain federal amendments that occurred during the
    period of January 1, 1999, through June 30, 1999. The federal wastewater pretreatment regulations
    are found at 40 C.F.R. §§ 400-499, interspersed throughout the federal wastewater effluent discharge
    rules. The USEPA amended its wastewater pretreatment regulations five times during that period:
    February 2, 1999; March 4, 1999; March 16, 1999; May 14, 1999; and June 8, 1999. This
    rulemaking incorporates all of these actions, with the exception of the March 4, 1999, and March 16,
    1999 actions, which the Board has already incorporated into its most recent wastewater pretreatment
    update docket, Wastewater Pretreatment Update, USEPA Regulations (July 1, 1998, through
    December 31, 1998) (July 8, 1999), R99-17.
    2
    The federal amendments incorporated into this rulemaking are summarized as follows:
    Federal Action
    February 2, 1999
    (64 Fed. Reg. 4975)
    May 14, 1999
    (64 Fed. Reg. 26315)
    June 8, 1999
    (64 Fed. Reg. 30417)
    Summary
    Whole Effluent Toxicity: Guidelines Establishing
    Test Procedures for the Analysis of Pollutants. The
    USEPA amended the 40 C.F.R. 136 methods for
    whole effluent toxicity testing for the purposes of
    compliance with the Clean Water Act.
    Guidelines Establishing Test Procedures for the
    Analysis of Oil and Grease and Non-Polar Material
    Under the Clean Water Act and Resource
    Conservation and Recovery Act. The USEPA
    approved the use of a new method for analyzing oil
    and grease for the purposes of compliance with the
    Clean Water Act and RCRA regulations.
    Guidelines Establishing Test Procedures for the
    Analysis of Pollutants; Measurement of Mercury in
    Water (EPA Method 1631, Revision B). The
    USEPA amended its guidance on the analysis of
    mercury in water for the purposes of compliance
    with the water quality requirements of the Clean
    Water Act.
    DISCUSSION
    February 2, 1999: Amendments to Whole Effluent Toxicity: Guidelines Establishing Test Procedures
    for the Analysis of Pollutants
    Federal Action
    On February 2, 1999, the USEPA amended the 40 C.F.R. 136 methods for whole effluent
    toxicity testing for the purposes of compliance with the Clean Water Act (CWA). The USEPA also
    amended three technical documents incorporated by reference in the regulations. The amendments
    correct minor errors and omissions, provide technical clarifications, and establish consistency among the
    technical documents. Persons interested in a more detailed discussion of the February 2, 1999 federal
    action should refer to the cited
    Federal Register
    notice.
    3
    Amendment to Board Rules
    The Board incorporates this amendment into its rules by updating a single incorporation by
    reference to 40 C.F.R. 136 in the “Incorporations by Reference” Section found at 35 Ill. Adm. Code
    310.107(b).
    May 14, 1999: Amendments to Guidelines Establishing Test Procedures for the Analysis of Oil and
    Grease and Non-Polar Material Under the Clean Water Act and Resource Conservation and Recovery
    Act
    Federal Action
    On May 14, 1999, the USEPA approved the use of a new method for analyzing oil and grease
    for the purposes of compliance with the CWA and Resource Conservation and Recovery Act (RCRA)
    regulations. The USEPA approved the use of EPA Method 1664, Revision A: N-Hexane Extractable
    Material (HEM; Oil and Grease) and Silica Gel Treated N-Hexane Extractable Material (SGT-HEM;
    Non-polar Material) by Extraction and Gravimetry for use in the USEPA’s CWA programs. The
    amendment also deletes Method 9070, adds revised Method 9071B, and incorporates Method 1664
    by reference for use in the USEPA’s RCRA programs. Persons interested in a more detailed
    discussion of the May 14, 1999 federal action should refer to the cited
    Federal Register
    notice.
    Amendment to Board Rules
    The Board incorporates this amendment into its rules by updating a single incorporation by
    reference to 40 C.F.R. 136 in the “Incorporations by Reference” Section found at 35 Ill. Adm. Code
    310.107(b).
    June 8, 1999: Amendments to Guidelines Establishing Test Procedures for the Analysis of Pollutants;
    Measurement of Mercury in Water (EPA Method 1631, Revision B)
    Federal Action
    On June 8, 1999, the USEPA amended its guidance on the analysis of mercury in water for the
    purposes of compliance with the water quality requirements of the CWA. The final regulation amends
    the “Guidelines Establishing Test Procedures for the Analysis of Pollutants” under Section 304(h) of the
    CWA by adding USEPA Method 1631, Revision B: Mercury in Water by Oxidation, Purge and Trap,
    and Cold Vapor Atomic Fluorescence Spectrometry. USEPA Method 1631 measures mercury at the
    low levels associated with ambient water quality criteria. Persons interested in a more detailed
    discussion of the June 8, 1999 federal action should refer to the cited
    Federal Register
    notice.
    4
    Amendment to Board Rules
    The Board incorporates this amendment into its rules by updating a single incorporation by
    reference to 40 C.F.R. 136 in the “Incorporations by Reference” Section found at 35 Ill. Adm. Code
    310.107(b).
    Public Comments
    The Board will accept public comments in this matter for a period of 45 days after publication
    of the proposed amendments in the
    Illinois Register
    . After the expiration of the 45-day public
    comment period, the Board will proceed to adoption of the regulations based on this proposal on or
    before the February 2, 2000 completion date specified by Section 7.2(b) of the Act.
    ORDER
    The Board adopts the following proposal for public comment. The Board directs the clerk of
    the Board to cause publication of the following proposal for public comment in the
    Illinois Register
    :
    TITLE 35: ENVIRONMENTAL PROTECTION
    SUBTITLE C: WATER POLLUTION
    CHAPTER I: POLLUTION CONTROL BOARD
    PART 310
    PRETREATMENT PROGRAMS
    SUBPART A: GENERAL PROVISIONS
    Section
    310.101
    Applicability
    310.102
    Objectives
    310.103
    Federal Law
    310.104
    State Law
    310.105
    Confidentiality
    310.107
    Incorporations by Reference
    310.110
    Definitions
    310.111
    New Source
    SUBPART B: PRETREATMENT STANDARDS
    Section
    310.201
    General Prohibitions
    310.202
    Specific Prohibitions
    310.210
    Specific Limits Developed by POTW
    310.211
    Local Limits
    310.220
    Categorical Standards
    5
    310.221
    Category Determination Request
    310.222
    Deadline for Compliance with Categorical Standards
    310.230
    Concentration and Mass Limits
    310.232
    Dilution
    310.233
    Combined Wastestream Formula
    SUBPART C: REMOVAL CREDITS
    Section
    310.301
    Special Definitions
    310.302
    Authority
    310.303
    Conditions for Authorization to Grant Removal Credits
    310.310
    Calculation of Revised Discharge Limits
    310.311
    Demonstration of Consistent Removal
    310.312
    Provisional Credits
    310.320
    Compensation for Overflow
    310.330
    Exception to POTW Pretreatment Program
    310.340
    Application for Removal Credits Authorization
    310.341
    Agency Review
    310.343
    Assistance of POTW
    310.350
    Continuation of Authorization
    310.351
    Modification or Withdrawal of Removal Credits
    SUBPART D: PRETREATMENT PERMITS
    Section
    310.400
    Preamble
    310.401
    Pretreatment Permits
    310.402
    Time to Apply
    310.403
    Imminent Endangerment
    310.410
    Application
    310.411
    Certification of Capacity
    310.412
    Signatures
    310.413
    Site Visit
    310.414
    Completeness
    310.415
    Time Limits
    310.420
    Standard for Issuance
    310.421
    Final Action
    310.430
    Conditions
    310.431
    Duration of Permits
    310.432
    Schedules of Compliance
    310.441
    Effect of a Permit
    310.442
    Modification
    6
    310.443
    Revocation
    310.444
    Appeal
    SUBPART E: POTW PRETREATMENT PROGRAMS
    Section
    310.501
    Pretreatment Programs Required
    310.502
    Deadline for Program Approval
    310.503
    Incorporation of Approved Programs in Permits
    310.504
    Incorporation of Compliance Schedules in Permits
    310.505
    Reissuance or Modification of Permits
    310.510
    Pretreatment Program Requirements
    310.521
    Program Approval
    310.522
    Contents of Program Submission
    310.524
    Content of Removal Allowance Submission
    310.531
    Agency Action
    310.532
    Defective Submission
    310.533
    Water Quality Management
    310.541
    Deadline for Review
    310.542
    Public Notice and Hearing
    310.543
    Agency Decision
    310.544
    USEPA Objection
    310.545
    Notice of Decision
    310.546
    Public Access to Submission
    310.547
    Appeal
    SUBPART F: REPORTING REQUIREMENTS
    Section
    310.601
    Definition of Control Authority
    310.602
    Baseline Report
    310.603
    Compliance Schedule
    310.604
    Report on Compliance with Deadline
    310.605
    Periodic Reports on Compliance
    310.606
    Notice of Potential Problems
    310.610
    Monitoring and Analysis
    310.611
    Requirements for Non-Categorical Standard Users
    310.612
    Annual POTW Reports
    310.613
    Notification of Changed Discharge
    310.621
    Compliance Schedule for POTW’s
    310.631
    Signatory Requirements for Industrial User Reports
    310.632
    Signatory Requirements for POTW Reports
    310.633
    Fraud and False Statements
    7
    310.634
    Recordkeeping Requirements
    310.635
    Notification of Discharge of Hazardous Waste
    SUBPART G: FUNDAMENTALLY DIFFERENT FACTORS
    Section
    310.701
    Definition of Requester
    310.702
    Purpose and Scope
    310.703
    Criteria
    310.704
    Fundamentally Different Factors
    310.705
    Factors which are Not Fundamentally Different
    310.706
    More Stringent State Law
    310.711
    Application Deadline
    310.712
    Contents of FDF Request
    310.713
    Deficient Requests
    310.714
    Public Notice
    310.721
    Agency Review of FDF Requests
    310.722
    USEPA Review of FDF Requests
    SUBPART H: ADJUSTMENTS FOR POLLUTANTS IN INTAKE
    Section
    310.801
    Net/Gross Calculation by USEPA
    SUBPART I: UPSETS
    Section
    310.901
    Definition
    310.902
    Effect of an Upset
    310.903
    Conditions Necessary for an Upset
    310.904
    Burden of Proof
    310.905
    Reviewability of Claims of Upset
    310.906
    User Responsibility in Case of Upset
    SUBPART J: BYPASS
    Section
    310.910
    Definition
    310.911
    Bypass Not Violating Applicable Pretreatment Standards or Requirements
    310.912
    Notice
    310.913
    Prohibition of Bypass
    8
    SUBPART K: MODIFICATION OF POTW PRETREATMENT PROGRAMS
    Section
    310.920
    General
    310.921
    Substantial Modifications Defined
    310.922
    Approval Procedures for Substantial Modifications
    310.923
    Approval Procedures for Non-Substantial Modifications
    310.924
    Incorporation of Modifications into the Permit
    AUTHORITY: Implementing and authorized by Sections 13, 13.3, and 27 of the Environmental
    Protection Act [415 ILCS 5/13, 13.3 and 27].
    SOURCE: Adopted in R86-44 at 12 Ill. Reg. 2502, effective January 13, 1988; amended in R88-18
    at 13 Ill. Reg. 2463, effective January 31, 1989; amended in R89-3 at 13 Ill. Reg. 19243, effective
    November 27, 1989; amended in R89-12 at 14 Ill. Reg. 7608, effective May 8, 1990; amended in
    R91-5 at 16 Ill. Reg. 7346, effective April 27, 1992; amended in R95-22 at 20 Ill. Reg. 5533, effective
    April 1, 1996; amended in R96-12 at 20 Ill. Reg. 10671, effective July 24, 1996; amended in R97-7 at
    21 Ill. Reg. 5163, effective April 10, 1997; amended in R98-23 at 22 Ill. Reg.11465, effective June 22,
    1998; amended in R99-17 at 23 Ill. Reg. 8412, effective July 12, 1999; amended in R00-7 at 24 Ill.
    Reg. _________, effective ____________.
    Section 310.107
    Incorporations by Reference
    a)
    The following publications are incorporated by reference:
    1)
    The consent decree in NRDC v. Costle, 12 Environment Reporter Cases 1833
    (D.C. Cir. August 16, 1978).
    2)
    Standard Industrial Classification Manual (1972), and 1977 Supplement,
    republished in 1983, available from the Superintendent of Documents, U.S.
    Government Printing Office, Washington, D.C. 20401.
    b)
    The following provisions of the Code of Federal Regulations are incorporated by
    reference:
    40 CFR 2.302 (19941998)
    40 CFR 25 (19941998)
    40 CFR 122, Appendix D, Tables II and III (19941998)
    40 CFR 128.140(b) (1977)
    9
    40 CFR 136 (1998), as amended at 63 Fed. Reg. 50388, September
    21,1998as amended at 64 Fed. Reg. 30417, June 8, 1999
    40 CFR 403 (19961998)
    40 CFR 403, Appendix D (19941998)
    c)
    The following federal statutes are incorporated by reference:
    1)
    Section 1001 of the Criminal Code (18 USC 1001) as of July 1, 1988
    2)
    Clean Water Act (33 USC 1251
    et seq.
    ) as of July 1, 1988
    3)
    Subtitles C and D of the Resource Conservation and Recovery Act (42 USC
    6901
    et seq.
    ) as of July 1, 1988
    d)
    This Part incorporates no future editions or amendments.
    (Source: Amended at __ Ill. Reg. ________, effective ________________)
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
    opinion and order was adopted on the 4th day of November 1999 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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