ILLINOIS POLLUTION CONTROL BOARD
May 1, 1997
IN THE MATTER OF:
WASTEWATER PRETREATMENT
UPDATE USEPA REGULATION (July 1,
1996 through December 31, 1996)
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R97-23
(Rulemaking: Identical-in-
Substance Rules - Water)
PROPOSAL FOR PUBLIC COMMENT
PROPOSED OPINION AND ORDER OF THE BOARD (by J. Yi):
The Board is proposing to amend 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.
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
July 1 through December 31, 1996. The following Federal Registers are included:
61 Fed. Reg. 35680
July 8, 1996
61 Fed. Reg. 57517
November 6, 1996
61 Fed. Reg. 66123
December 16, 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
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.
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PUBLIC COMMENTS
The Board proposes amendments to 35 Ill. Adm. Code 307 and 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 R97-23, so the
Board can obtain the benefit of the commentators’ input.
DISCUSSION
On July 8, 1996 at 61 Fed. Reg. 35680, by direct final rule, USEPA modified the
pretreatment standards for existing and new sources applicable to certain facilities in the
leather tanning and finishing point source category that conduct unhairing operations and that
discharge process wastewater to publicly owned treatment works (POTW). The rule was
effective October 7, 1996. USEPA revised the existing pretreatment standards to eliminate the
upper (alkaline) pH limits for four subcategories. The Board proposes to amend its rules to
remove upper pH limit by modifying the standard of “between 7 and 10” to “not less than 7”.
These revisions apply to the standards in Subparts A, B, F, and H of 40 CFR Part 425 at
Sections 425.15, 425.25, 425.65 and 425.85. These sections are incorporated in the
pretreatment regulations for the State of Illinois at 35 Ill. Adm. Code 307.3501, 307.3502,
307.3506 and 307.3508. USEPA believes that this modification should allow affected
facilities to reduce the use of pretreatment chemicals, resulting in lower operating costs and
reducing potential risks for worker safety and health.
On November 6, 1996 at 61 Fed. Reg. 57517, USEPA promulgated regulations that
limit the discharge of pollutants into POTWs by existing and new facilities that formulate,
package or repackage pesticide products. These regulations cover facilities in the
subcategories of the Pesticide Chemicals Point Source Category; Subcategory C: Pesticide
Formulating, Packaging and Repackaging (PFPR) and Subcategory E: Agricultural Refilling
Establishments. The regulations were effective January 6, 1997. The Board incorporates the
amendments to the pretreatment standards for pesticide formulating, packaging and
repackaging facilities in Section 307.6503. The Board also creates a new section 307.6505 to
incorporate the pretreatment regulations adopted by USEPA for agricultural refilling
establishments.
USEPA proposed amendments to the pretreatment standards on April 14, 1994 (59
Fed. Reg. 17850) . Based on comments received from the proposal, USEPA published a
supplemental notice on June 8, 1995 at 60 Fed. Reg. 30217. In the final rule, USEPA
establishes a zero discharge pretreatment standard with a pollution prevention alternative which
allows a discharge to a POTW for subcategory C facilities. The pollution prevention
alternative allows an option for facilities that agree to implement certain pollution prevention,
recycle and reuse practices. Refilling establishments will be required to achieve zero
discharge of wastewater pollutants.
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Section 307.6500 incorporates by reference the definitions in 40 CFR 455.10 and the
compliance date in 40 CFR 455.11. USEPA has added additional definitions to 40 CFR
455.10 therefore the Board here proposes to similarly update the incorporations by reference in
Section 307.6500. USEPA also modified the compliance date in 40 CFR 455.11 which the
Board here proposes to similarly update.
On December 16, 1996 at 61 Fed. Reg. 66085, USEPA promulgated rules limiting the
discharge of pollutants into waters of the United States and the introduction of pollutants into
POTWs by existing and new facilities in the coastal subcategory of the oil and gas extraction
point source category. No action is required by the Board in response to these regulations
since Illinois pretreatment regulations do not contain regulations pertaining to these types of
facilities and the Board believes that no facilities in this category are in operation in Illinois.
In addition to the amendments to Part 307 as described above, the Board will be
amending the Table of Contents to Part 310 in this docket. The amendments to the Table of
Contents correct the text in the Table of Contents to match the headings of the Sections and
adds a section to the Table of Contents that was previously omitted.
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).
R90-15
Dismissed, June 20, 1991 (No USEPA amendments January 1 1990
through June 28, 1990).
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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
April 3, 1996, 21 Ill. Reg. 5163, effective April 10, 1997 (USEPA
amendments January 1, 1996 through June 30, 1996).
R97-23
This docket.
ORDER
The Board will submit the proposed amendments for publication in the
Illinois Register
.
The Board will accept public comments on the proposed amendments for a period of 45 days
after publication in the
Illinois Register.
The Board hereby proposes the following
amendments to the Illinois wastewater pretreatment regulations at Section 307.3501, 307.3502,
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307.3506, 307.3508, 307.6500 and 307.6503. The Board also proposes a new Section
307.6505 Repackaging of Agricultural Pesticides Performed at Refilling Establishments.
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Proposed changes to the Table of Contents of Part 310 are also proposed in this rulemaking
and will be published in the Illinois Register.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 307
SEWER DISCHARGE CRITERIA
SUBPART CD: PESTICIDE CHEMICALS
Section
307.6500
General Provisions
307.6501
Organic Pesticide Chemicals Manufacturing
307.6502
Metallo-Organic Pesticides Chemicals Manufacturing
307.6503
Pesticide Chemicals Formulating and Packaging
307.6505
Repackaging of Agricultural Pesticides Performed at Refilling
Establishments
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The Board is only including the portion of the table of contents where a new section is being
added and will not provide the full table of contents in the order.
Section 307.3501 Hair Pulp, Chrome Tan, Retan-Wet Finish
a) Applicability. This Section applies to discharges resulting from any tannery
which, either exclusively or in addition to other unhairing and tanning
operations, processes raw or cured cattle or cattle-like hides into finished leather
by chemically dissolving the hide hair, chrome tanning and retan-wet finishing.
b) Specialized definitions. None.
c) Existing sources:
1) The Board incorporates by reference 40 CFR 425.15 (1987 1996), as
amended at 5361 Fed. Reg. 35680, July 8, 1996 9181, March 21, 1988.
This incorporation includes no later amendments or editions.
2) No person subject to the pretreatment standards incorporated by
reference in subsection (c)(1) shall cause, threaten or allow the discharge
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of any contaminant to a POTW in violation of such standards.
d) New sources:
1) The Board incorporates by reference 40 CFR 425.16 (1987), as amended
at 53 Fed. Reg. 9181, March 21, 1988. This incorporation includes no
later amendments or editions.
2) No person subject to the pretreatment standards incorporated by
reference in subsection (d)(1) shall cause, threaten or allow the discharge
of any contaminant to a POTW in violation of such standards.
3) "New source" means any building, structure, facility or installation the
construction of which commenced after July 2, 1979.
(Source: Amended at 21 Ill. Reg. ___________, effective ____________________________)
Section 307.3502 Hair Save, Chrome Tan, Retan-Wet Finish
a) Applicability. This Section applies to discharges resulting from any tannery
which processes raw or cured cattle or cattle-like hides into finished leather by
hair save unhairing, chrome tanning and retan-wet finishing.
b) Specialized definitions. None.
c) Existing sources:
1) The Board incorporates by reference 40 CFR 425.25 (19861996), as
amended at 61 Fed. Reg. 35680, July 8, 1996. This incorporation
includes no later amendments or editions.
2) No person subject to the pretreatment standards incorporated by
reference in subsection (1) shall cause, threaten or allow the discharge of
any contaminant to a POTW in violation of such standards.
d) New sources:
1) The Board incorporates by reference 40 CFR 425.26 (1986).
This incorporation includes no later amendments or editions.
2) No person subject to the pretreatment standards incorporated by
reference in subsection (1) shall cause, threaten or allow the
discharge of any contaminant to a POTW in violation of such
standards.
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3) "New source" means any building, structure, facility or
installation the construction of which commenced after July 2,
1979.
(Source: Amended at 21 Ill. Reg. ___________, effective ____________________________)
Section 307.3506 Through-the-Blue
a) Applicability. This Section applies to discharges resulting from any tannery
which processes raw or cured cattle or cattle-like hides through the blue tanned
state by hair pulp unhairing and chrome tanning; no retan-wet finishing is
performed.
b) Specialized definitions. None.
c) Existing sources:
1) The Board incorporates by reference 40 CFR 425.65 (19861996), as
amended at 61 Fed. Reg. 35680, July 8, 1996. This incorporation
includes no later amendments or editions.
2) No person subject to the pretreatment standards incorporated by
reference in subsection (1) shall cause, threaten or allow the discharge of
any contaminant to a POTW in violation of such standards.
d) New sources:
1) The Board incorporates by reference 40 CFR 425.66 (1986). This
incorporation includes no later amendments or editions.
2) No person subject to the pretreatment standards incorporated by
reference in subsection (1) shall cause, threaten or allow the discharge of
any contaminant to a POTW in violation of such standards.
3) "New source" means any building, structure, facility or installation the
construction of which commenced after July 2, 1979.
(Source: Amended at 21 Ill. Reg. ___________, effective ____________________________)
Section 307.3508 Pigskin
a) Applicability. This Section applies to discharges resulting from any tannery
which processes raw or cured pigskins into finished leather by chemically
dissolving or pulping the hair and tanning with chrome, then retan-wet
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finishing.
b) Specialized definitions. None.
c) Existing sources:
1) The Board incorporates by reference 40 CFR 425.85 (19861996), as
amended at 5361 Fed. Reg. 35680, July 8, 1996. This incorporation
includes no later amendments or editions.
2) No person subject to the pretreatment standards incorporated by
reference in subsection (1) shall cause, threaten or allow the discharge of
any contaminant to a POTW in violation of such standards.
d) New sources:
1) The Board incorporates by reference 40 CFR 425.86 (1986). This
incorporation includes no later amendments or editions.
2) No person subject to the pretreatment standards incorporated by
reference in subsection (1) shall cause, threaten or allow the discharge of
any contaminant to a POTW in violation of such standards.
3) "New source" means any building, structure, facility or installation the
construction of which commenced after July 2, 1979.
(Source: Amended at 21 Ill. Reg. ___________, effective ____________________________)
SUBPART CD: PESTICIDE CHEMICALS
Section 307.6500 General Provisions
a) General definitions. The Board incorporates by reference 40 CFR 455.10
(19941996), as amended at 61 Fed. Reg. 57517, November 6, 1996. This
incorporation includes no later amendments or editions.
b)
Compliance date. The Board incorporates by reference 40 CFR 455.11
(19941996), as amended at 61 Fed. Reg. 57517, November 6, 1996. This
incorporation includes no later amendments or editions.
(Source: Amended at 21 Ill. Reg. ___________, effective ____________________________)
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Section 307.6503 Pesticide Chemicals Formulating and Packaging
a) Applicability.
1) The Board incorporates by reference 40 CFR 455.40 (1996) as amended
at 61 Fed. Reg. 57517, November 6, 1996. This incorporation includes
no later amendments or additions.
2) This Section applies to discharges resulting from all pesticide
formulating and packaging operations, as defined in the materials
incorporated in Section 307.6503(a)(1).
b) Specialized definitions. None.The Board incorporates by reference 40 CFR
455.41 as added at 61 Fed. Reg. 57517, November 6, 1996. This incorporation
includes no later amendments or additions.
c) Existing sources: These sources shall comply with the general and specific
pretreatment requirements of Subpart B.
1) The Board incorporates by reference 40 CFR 455.46 as added at 61 Fed.
Reg. 57517, November 6, 1996. This incorporation includes no later
amendments or additions.
2) No person subject to the pretreatment standards incorporated by
reference in section 307.6503(c)(1) shall cause, threaten or allow the
discharge of any contaminant to a POTW in violation of such standards.
d) New sources: All sources are regulated as existing sources
1) The Board incorporates by reference 40 CFR 455.46 as added at 61 Fed.
Reg. 57517, November 6, 1996. This incorporation includes no later
amendments or additions.
2) No person subject to the pretreatment standards incorporated by
reference in section 307.6503(d)(1) shall cause, threaten or allow the
discharge of any contaminant to a POTW in violation of such standards.
3) “New source means any building, structure or facility or installation the
construction of which commenced after April 14, 1994.
(Source: Amended at 21 Ill. Reg. ___________, effective ____________________________)
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Section 307.6505 Repackaging of Agricultural Pesticides Performed at Refilling
Establishments
a) Applicability.
1) The Board incorporates by reference 40 CFR 455.60 as added at 61 Fed.
Reg. 57517, November 6, 1996. This incorporation includes no later
amendments or additions.
2) This Section applies to discharges resulting from all pesticide
formulating and packaging operations, as defined in the materials
incorporated in Section 307.6505(a)(1).
b) Specialized definitions. The Board incorporates by reference 40 CFR 455.61 as
added at 61 Fed. Reg. 57517, November 6, 1996. This incorporation includes
no later amendments or additions.
c) Existing sources:
1) The Board incorporates by reference 40 CFR 455.66 as added at 61 Fed.
Reg. 57517, November 6, 1996. This incorporation includes no later
amendments or additions.
2) No person subject to the pretreatment standards incorporated by
reference in section 307.6505(c)(1) shall cause, threaten or allow the
discharge of any contaminant to a POTW in violation of such standards.
d) New sources:
1) The Board incorporates by reference 40 CFR 455.66 as added at 61 Fed.
Reg. 57517, November 6, 1996. This incorporation includes no later
amendments or additions.
2) No person subject to the pretreatment standards incorporated by
reference in section 307.6505(d)(1) shall cause, threaten or allow the
discharge of any contaminant to a POTW in violation of such standards.
3) “New source means any building, structure or facility or installation the
construction of which commenced after April 14, 1994.
(Source: Added at 21 Ill. Reg. ___________, effective ____________________________)
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TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 310
PRETREATMENT PROGRAMS
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 Requirement
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 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: Development and Implementation by
POTW
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
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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
310.634
Recordkeeping Requirements
310.635 Notification of Discharge of Hazardous Waste
IT IS SO ORDERED.
Board Member K.M. Hennessey abstained.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do hereby certify
that the above order was adopted on the 1
st
day of May, 1997, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
