ILLINOIS POLLUTION CONTROL BOARD
January 9, 1997
IN MATTER OF:
PRETREATMENT UPDATE USEPA
REGULATION (JANUARY 1, 1996
THROUGH JUNE 30, 1996)
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R97-7
(Rulemaking Identical - in -
Substance Rules - Water)
PROPOSAL FOR PUBLIC COMMENT
PROPOSED OPINION AND ORDER OF THE BOARD (by J. Yi):
The Board is amending the pretreatment regulations pursuant to Section 13.3 of the
Environmental Protection Act (Act) (415 ILCS 5/13.3 (1994)).
Section 13.3 of the Act requires the Board to adopt regulations which are "identical in
substance" with federal regulations promulgated by the United States Environmental Protection
Agency (USEPA) to implement the pretreatment requirements of Sections 307 and 402 of the
Clean Water Act, previously known as the Federal Water Pollution Control Act. Section 13.3
provides that Title VII of the Act and Sections 5 and 6.02 of the Administrative Procedure Act
(APA) shall not apply to identical in substance regulations adopted to establish the
pretreatment program. However, Section 13.3 of the Act does require the Board to provide
for notice and public comment before rules are filed with the Secretary of State.
This rulemaking updates the pretreatment rules to cover USEPA rules adopted from
January 1 through June 30, 1996. The following Federal Registers are included:
61 Fed. Reg. 15596
April 8, 1996
61 Fed. Reg. 15662
April 8, 1996
61 Fed. Reg. 19117
April 30, 1996
61 Fed. Reg. 24242
May 14, 1996
61 Fed. Reg. 33680
June 28, 1996
The pretreatment rules govern discharges by industrial users to publicly owned
treatment works (POTWs). The rules are intended to prevent pollutants from industrial
discharges from passing through POTWs, without adequate treatment, to waters of the State,
and to prevent industrial discharges from interfering with the operation of the treatment plant.
Effluent discharges are regulated pursuant to 35 Ill. Adm. Code 304 and 309.
The Illinois pretreatment rules are contained in 35 Ill. Adm. Code 307, 309 and 310.
Part 307 includes the categorical pretreatment standards, which are incorporated by reference
from the USEPA rules. Part 309 sets forth the NPDES requirements. Although Part 309 does
not pertain directly to sewer users and industrial wastewater pretreatment, it includes
requirements at Section 309.103 that pertain to NPDES permittees required to have an
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approved pretreatment program. Part 310 specifies how a POTW sets up a pretreatment
program, and how industrial users get pretreatment permits or authorizations to discharge.
PUBLIC COMMENTS
The Board proposes amendments to 35 Ill. Adm. Code 310, in this proposed opinion
and order. The proposed amendments will soon be published in the
Illinois Register
for public
comment.
The public comment period will end 45 days after the date of publication in the
Illinois
Register
. The Board stresses the importance that commentators make their submissions
promptly and directly to the Clerk of the Board referencing Docket R97-7, so the Board can
obtain the benefit of the commentators’ input.
DISCUSSION
On April 8, 1996, the USEPA amended the treatment standards for hazardous wastes
that exhibit the characteristics of reactivity. The USEPA also began amending existing
treatment standards for wastewaters which are hazardous because they display the
characteristics of ignitability, corrosivity, reactivity or toxicity. Prior to the amendments the
treatment standards for these waters required removal of the characteristic property. The new
standards require treatment not only to remove the characteristic property, but also requires
treatment of any underlying hazardous constituents present in the waste.
Also on April 8, 1996, the USEPA withdrew portions of the rule promulgated in the
same register. The revised treatment standards were promulgated to implement the mandate
from the Circuit Court of Appeals for the District of Columbia Circuit in Chemical Waste
Management (CWM) v. EPA, 976 F. 2d 2 (D.C. Cir. 1992) cert. denied 507 U.S. 1057
(1993). On March 26, 1996, President Clinton signed into law the Land Disposal Program
Flexibility Act of 1996 which in part provides that the wastes in question are no longer
prohibited from land disposal so long as it is not a hazardous waste at the time it is land
disposed. The statute in effect overrules the related portions of CWM v. EPA. The USEPA
withdraws those portions of the adopted rule that are superseded by the new legislation.
On April 30, 1996, the USEPA corrected the effective date that appeared in the April
8, 1996 Federal Register on page 15660 for the rules on Land Disposal Restrictions Phase III -
Decharacterized Wastewaters, Carbamate Wastes and Spent Potliners. The effective date was
corrected from April 5 to April 8, 1996.
In the June 28, 1996 Federal Register, the USEPA published technical corrections to
the regulations published on April 8, 1996 as well as the withdrawal notice of the same date.
The USEPA makes corrections and clarifications to 40 CFR 148 and 40 CFR 168.
The Board will not be taking any action in this wastewater pretreatment docket to adopt
the amendments to the hazardous waste and underground injection land disposal regulations
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that appeared in the Federal Registers listed above which accompanied the wastewater
pretreatment amendments. The hazardous waste and underground injection land disposal
amendments will be addressed in the near future in an opinion and order in the consolidated
RCRA/UIC update docket R96-10, R97-3 and R97-5. Those portions of the amendments are
to 40 CFR Parts 148 and 268 and affect the Board’s regulations related to RCRA and UIC.
Along with adopting new land disposal restrictions in the above actions, the USEPA
amended §403.5 to allow POTWs with an approved pretreatment program to establish limits to
address the land disposal restrictions. The Board accordingly updates the incorporation of 40
CFR 403.5 in Section 310.107 of the Board’s pretreatment regulations. Since the Board
incorporates by reference 40 CFR 403.5 which as amended references the new land disposal
restrictions in 40 CFR 268.40, the Board can update this incorporation prior to actually
adopting the land disposal restrictions as part of Illinois’ regulations.
The USEPA published a correction to the CFR on May 14, 1996. The correction
removed the first §421.35 in title 40 of the Code of Federal Regulations as amended on July 1,
1995 appearing on page 468. Section 421.35 as amended in 1987 is incorporated in Section
307.3103(c) of the Board’s regulations. As the correction by the USEPA involves a printing
error and does not involve any substantive changes to the incorporated section it is unnecessary
to amend the Board’s regulations. However, the Board notes the correction in the 1995 CFR
for clarification purposes.
HISTORICAL OUTLINE OF BOARD PRETREATMENT REGULATION
The Illinois pretreatment rules were adopted in R86-44, 84 PCB 89, December 3,
1987. The rules appeared at 12 Ill. Reg. 2502 (January 29, 1988), effective January 13, 1988.
The Board has updated the pretreatment rules in the following update rulemakings:
R88-11
90 PCB 411, June 14, 1988; 12 Ill. Reg. 13094, effective July 29, 1988
(USEPA amendments through December 31, 1987).
R88-18
94 PCB 237, December 17, 1988; 13 Ill. Reg. 1794, effective January
31, 1989 (USEPA amendments January 1, 1988 through June 30, 1988).
R89-3
103 PCB 609, September 28, 1989; 13 Ill. Reg. 19243, effective
November 17, 1989 (Part 307) and November 27, 1989 (Part 310)
(USEPA amendments July 1, 1988 through December 31, 1988).
R89-12
110 PCB 119, April 12, 1990; 14 Ill. Reg. 7608, effective May 8, 1990
(USEPA amendments January 1, 1989 through June 30, 1989).
R90-6
Dismissed, 109 PCB 629, March 22, 1990 (No USEPA amendments
July 1, 1989 through December 31, 1989).
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R90-15
Dismissed, June 20, 1991 (No USEPA amendments January 1 1990
through June 28, 1990).
R91-5
129 PCB 395, January 23, 1992; 16 Ill. Reg. 7377 (Part 307); 7337
(Part 309); 7346 (Part 310); effective April 27, 1992. (USEPA
amendments June 29, 1990 through December 31, 1990).
R91-17
Dismissed, December 6, 1991 (No USEPA amendments January 1, 1991
through June 30, 1991).
R92-5
Dismissed, April 9, 1992 (No USEPA amendments July 1, 1991 through
December 31, 1991).
R92-14
Dismissed, August 13, 1992 (No USEPA amendments January 1, 1992
through June 30, 1992).
R93-2
September 9, 1993, 17 Ill. Reg. 19483 effective October 29, 1993
(USEPA amendments July 1, 1992 through December 31, 1992).
R93-20
Dismissed April 9, 1992 (No USEPA amendments January 1, 1993
through June 30, 1993).
R94-10
May 18, 1995, 19 Ill. Reg. 9142 effective June 23, 1995 (USEPA
amendments July 1, 1993 through December 31, 1993).
R94-28
Dismissed October 6, 1994 (No USEPA amendments January 1, 1994
through June 30, 1994).
R95-8
Dismissed February 16, 1994 (No USEPA amendments July 1, 1994
through December 31, 1994).
R95-22
March 21, 1996, 20 Ill. Reg. 5526, effective April 1, 1996 (USEPA
amendments January 1, 1995 through June 30, 1995).
R96-12
July 18, 1996, 20 Ill. Reg. 10671, effective July 24, 1996 (USEPA
amendments July 1, 1995 through December 31, 1995).
R97-7
This docket.
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ORDER
The Board hereby proposes the following amendments to the Illinois wastewater
treatment regulations at Section 310.107:
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 310
PRETREATMENT PROGRAMS
SUBPART A: GENERAL PROVISIONS
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 (1994)
40 CFR 25 (1994)
40 CFR 122, Appendix D, Tables II and III (1994)
40 CFR 128.140(b) (1977)
40 CFR 136 (1995), as amended at 60 Fed. Reg. 39586, August 2,
1995, 60 Fed. Reg. 44670, August 28, 1995 and 60 Fed. Reg. 3529,
October 16, 1995
40 CFR 403 (1995), as amended at 61 Fed. Reg. 15566, April 8, 1996
40 CFR 403, Appendix D (1994)
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c)
The following federal statutes are incorporated by reference:
1)
Section 1001 of the Criminal Code (18 U.S.C. 1001) as of July 1, 1988
2)
Clean Water Act (33 U.S.C. 1251 et seq) as of July 1, 1988
3)
Subtitles C and D of the Resource Conservation and Recovery Act (42
U.S.C. 6901 et seq.) as of July 1, 1988
d)
This Part incorporates no future editions or amendments.
(Source: Amended at 21 Ill. Reg. _________, effective ____________________)
IT IS SO ORDERED.
Board Memeber K.M. Hennessey abstained.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the _____ day of ___________, 1997, by a vote of
______________.
___________________________________
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board