R94001D.PDF

ILLINOIS POLLUTION CONTROL BOARD

February 20, 1997

IN MATTER OF:

TRIENNIAL WATER QUALITY REVIEW:

AMENDMENTS TO 35 ILL. ADM. CODE

302.202, 302.212, 302.213, 304.122 and

304.301

)

R94-1(B)

(Rulemaking - Water)

Adopted Rule. Final Order. Expedited Correction.

OPINION AND ORDER OF THE BOARD (by R.C. Flemal and C. A. Manning):

On December 19, 1996, the Board adopted a final opinion and order in this matter.

The adopted rules were published at 21 Illinois Register 364 and 370 on January 3, 1997. At

the request of the Joint Committee on Administrative Rules, the Board hereby adopts a

corrected order in this matter to correct a typographical error in the Table of Contents of Part

302 and the heading format of Part 304.

Specifically, the Table of Contents of Part 302 did not contain Section 302.209 “Fecal

Coliform” and the heading before the Table of Contents of Part 304 was incomplete. Today’s

order corrects these errors by adding the section and correct heading to the Table of Contents.

The December 19, 1996 final opinion of the Board has not been altered.

ORDER

The Board directs that the following amendments be submitted to the Secretary of State

for final notice pursuant to Section 5-40 of the Illinois Administrative Code.

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

302.103

Stream Flows

302.104

Main River Temperatures

302.105

Nondegradation

SUBPART B: GENERAL USE WATER

QUALITY STANDARDS

Section

302.201

Scope and Applicability

302.202

Purpose

302.203

Offensive Conditions

302.204

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

Ammonia Nitrogen and Un-ionized Ammonia

302.213

Effluent Modified Waters (Ammonia)

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

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 WATER

QUALITY STANDARDS

Section

302.501

Scope and Applicability

302.502

Dissolved Oxygen

302.503

302.504

Chemical Constituents

302.505

Fecal Coliform

302.506

Temperature

302.507

Existing Sources on January 1, 1971

302.508

Sources under Construction But Not in Operation on January 1, 1971

302.509

Other Sources

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 for Combinations of

Substances

302.627

Determining the Chronic Aquatic Toxicity Criterion for an Individual Substance -

General Procedures

302.630

Determining the Chronic Aquatic Toxicity Criterion - Procedure for Combination of

Substances

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

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. 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;

peremptory amendments at 10 Ill. Reg. 461, effective December 23, 1985; amended in R87-27 at

12 Ill. Reg. 9911, effective May 27, 1988; amended in 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. _________________, effective______________________.

BOARD NOTE: This Part implements the Illinois Environmental Protection Act as of July 1,

1994.

Section 302.202 Purpose

The General Use standards will protect the State's water for aquatic life (except as provided in

Section 302.213), wildlife, agricultural use, secondary contact use and most industrial uses and

ensure the aesthetic quality of the State's aquatic environment. Primary contact uses are

protected for all General Use waters whose physical configuration permits such use.

(Source: Amended at 21 Ill. Reg. 370, effective December 23, 1996)

Section 302.212 Total Ammonia Nitrogen and Un-ionized Ammonia

Total ammonia nitrogen (as N: STORET Number 00610) shall in no case

exceed 15 mg/L.

Un-ionized ammonia nitrogen (as N: STORET Number 00612) shall not exceed

the acute and chronic standards given below subject to the provisions of Section

302.208(a) and (b), and Section 302.213 of this Part.

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.

From November through March, the AS shall be 0.14 mg/L and the CS

shall be 0.025 mg/L.

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 =

[0.94412(1+10

) + 0.0559]

and N = U [0.94412(1+10

)+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

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

6.5

7.0

7.5

7.75

8.0

8.25

8.5

9.0

12.8

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

18.3

15.0

15.0 15.0 15.0 9.8 5.3 3.1 1.2

21.1

15.0

13.2

7.6

4.4

2.6

1.1

23.9

15.0

10.9

6.3

3.7

2.2

0.9

26.7

15.0

9.0

5.2 3.1 1.9

0.8

29.4

15.0

13.1

7.5

4.4

2.6 1.6

0.7

32.2

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

6.5

7.0

7.5

7.75

8.0

8.25

8.5

9.0

12.8

15.0

7.4

4.2

2.4

1.4

0.8

0.3

15.6

15.0

7.0

3.4

1.9

1.1

0.7

0.2

18.3

15.0

4.9

2.8

1.6

0.9

0.5

0.2

21.1

15.0

12.6

4.0

2.3

1.3

0.8

0.5

0.2

23.9

15.0

10.3

3.3

1.9

1.1

0.6

0.4

0.2

26.7

15.0

8.6

2.7

1.6

0.9

0.5

0.3

0.1

29.4

15.0

7.8

2.3

1.3

0.8

0.4

0.3

0.1

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

6.5

7.0

7.5

7.75

8.0

8.25

8.5

9.0

0.0

15.0

9.2

5.2

1.7

15.0

14.1

8.0

4.5

1.5

4.4

15.0

11.3

6.4

3.7

1.3

7.2

15.0

9.0

5.1

2.9

1.0

10.0

15.0

12.8

7.3

4.1

2.4

0.9

12.8

15.0

10.3

5.9

3.4

2.0

0.7

15.6

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

6.5

7.0

7.5

7.75

8.0

8.25

8.5

9.0

0.0

15.0

9.1

5.1

2.9

1.6

0.9

0.3

1.7

15.0

7.9

4.4

2.5

1.4

0.8

0.3

4.4

15.0

6.3

3.6

2.0

1.1

0.7

0.2

7.2

15.0

5.0

2.8

1.6

0.9

0.5

0.2

10.0

15.0

12.7

4.0

2.3

1.3

0.7

0.4

0.2

12.8

15.0

10.2

3.3

1.8

1.0

0.6

0.3

0.1

15.6

15.0

8.3

2.6

1.5

0.9

0.5

0.3

0.1

(Source: Amended at 21 Ill. Reg. 370, effective December 23, 1996)

Section 302.213 Effluent Modified Waters (Ammonia)

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;

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: Added at 21 Ill. Reg. 370, effective December 23, 1996)

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

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 Sanitary 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

UNO-VEN Refinery Ammonia Discharge

304.214

Mobil Oil Refinery Ammonia Discharge

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 R86-17B

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 R 88-21(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 December 18, 1990; amended in

R93-8 at 18 Ill. Reg. 11574, effective July 7, 1994; 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 at

21 Ill. Reg. _________________, effective______________________.

BOARD NOTE: This Part implements the Illinois Environmental Protection Act as of July 1,

1994.

Section 304.122 Total Ammonia Nitrogen (as N: STORET number 00610)

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.

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.

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.

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:

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.

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 21 Ill. Reg. 364, effective December 23, 1996)

SUBPART C: TEMPORARY EFFLUENT STANDARDS

Section 304.301 Exception for Ammonia Nitrogen Water Quality Violations (Repealed)

(Source: Repealed at 21 Ill. Reg. 364, effective December 23, 1996)

IT IS SO ORDERED.

Board Member K.M. Hennessey abstained.

Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for

the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of

service of this order. The Rules of the Supreme Court of Illinois establish filing requirements.

(See also 35 Ill. Adm. Code 101.246 "Motions for Reconsideration.")

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