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92003

SlATE OF ILLINOIS

OFFICE

THE

SECRETARY OF STATE

Control Board

JESSE WHITE

Secretary of State

Administrative Code

Division

Attn: Illinois Register

111

East Monroe

INDEX DEPARTMENT

111

EAST

MONROE STREET

POLLUTION CONTROL BOARD

Erin

Conley

1021

North Grand Ave East

SPRINGFIELD, IL

62702

Dear

Erin Conley

Monday, August

18, 2003

Your rules

Listed

below met our codification standards and have

been published

in Volume 27,

Issue

33 of the

Illinois

dated 8/15/2003.

PROPOSED

RULES

Water Use

Designations

and Site

Specific Water Quality Standards

35111.

Adm. Code

303

Page

13680

Point Of Contact:Dorothy Gunn

_1~

If you have any questions, you may contact the Administrative Code

Division at

(217) 782- 7017/18.

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Heading of Part:

Water Use Designations And Site Specific Water Quality Standards

Code Citation:

Ill. Adm. Code 303

Section Numbers:

Proposed Action:

303.326

Add

Statutory Authority: 415 ILCS 5/13, 11(b), and 27.

A Complete Description of the Subjects and Issues

Involved:

This rulemaking is explained

in more detail in

the Board’s first notice opinion and order

of July 24,

2003, R03-11, available from the address in item

below.

The rulemaking

was initiated by a proposal filed by the City of Effingham (City), Blue Beacon

International,

Inc. (BBI) and Truckomat Corporation (Truckomat) to

add

Section 303.326

a site-specific water quality designation.

A hearing was held in Effingham on April

11,

2003.

In summary, the proposed amendments seek to add

a new Section 303.326

to allow a

discharge level of5.0 rng/L for fluoride from the City’s publicly owned treatment works

(POTW).

BBI

and Truckomat operate truck washes in

Effingham, and the wastewater

from the truck washes contains fluoride resulting from the brighteners used in washing

the trucks.

Both companies have testified

at the hearing held in this

rulemaking that there

are no alternative replacements for these brighteners, and that discontinuing their use

would cause a

severe negative economic impact.

Additionally, these amendments

propose a fluoride water quality

standard that

will continue to

be protective ofthe waters

ofthe state located downstream from

the POTW.

Will this proposed amendment replace an emergency amendment currently in effect?

Does this rulemaking contain an

automatic repeal date?

Does this proposed amendment contain incorporations by reference?

Are there any other proposed amendments pending on this Part?

10)

Statement of Statewide Policy Objectives:

These proposed amendments do

not create or enlarge

statemandate as defined in

Section 3(b) of the State Mandates Act.

ILCS

805/3

(1992).

AUG

2003

SECRETARY OF STATE

~NDEX

DEPARTMENT

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

11)

Time, Place, and Manner in which interested persons may comment on this proposed

rulemaking:

The Board will

accept written public comment on this proposal for a period of 45 days

after the date ofthis publication.

Comments should reference Docket R03-1

and be

addressed

to:

Dorothy M.

Gunn, Clerk

Illinois Pollution Control Board

James R.

Thompson Center

100 W. Randolph

St.

Suite 11-500

Chicago, IL 60601

Address all questions to John Knittle, at 217-278-3110 orknittlej@ipcb.state.i1.us.

Request copies of the Board’s opinion and order in

Docket R03-l I from Dorothy M.

Gunn, at 312-814-3620, ordownload from the Board’s Web site at www.ipcb.state.il.us.

12)

Initial Regulatory Flexibility Analysis:

Types ofsmall

businesses affected:

The over-the-road truck wash facilities located in Effingham, Illinois will benefit

from

this proposal.

These amendments will relieve them ofthe need to install

cost-prohibitive fluoride removal systems.

Reporting, bookkeeping or other procedures required for compliance:

No changes in

the reporting, bookkeeping or other procedures will be required for

compliance with this proposal.

Types ofprofessional

skills necessary for compliance:

No professional skills beyond those

currently required by the rules will be

required.

13)

Regulatory agenda on which this rulemaking was summarized:

This proposal appeared in

the Board’s July 2003 regulatory agenda.

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

The full text ofthe proposed amendments begins on the next page:

•

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE B: WATER POLLUTION

CHAPTER

1: POLLUTION CONTROL BOARD

PART 303

WATER USE DESIGNATIONS AND SITE SPECIFIC

WATER QUALITY STANDARDS

SUBPART

GENERAL PROVISIONS

Section

303.100

Scope and Applicability

303.101

Multiple Designations

303.102

Rulemaking Required

SUBPART B:

NONSPECIFIC WATER USE DESIGNATIONS

Section

303.200

Scope and Applicability

303.201

General Use Waters

303.202

Public and Food Processing Water Supplies

303 .203

Underground Waters

303 .204

Secondary Contact and Indigenous Aquatic Life Waters

303.205

Outstanding Resource Waters

303 .206

List ofOutstanding Resource Waters

SUBPART C:

SPECIFIC USE DESIGNATIONS AND SITE

SPECIFIC WATER QUALITY STANDARDS

Section

303.300

Scope and Applicability

303.301

Organization

303.311

Ohio River Temperature

303.312

Waters Receiving Fluorspar Mine Drainage

303.32 I

Wabash River Temperature

303 .322

Unnamed Tributary ofthe Vermilion River

303.323

Sugar Creek and Its Unnamed Tributary

303 .326

Unnamed Tributary ofSalt Creek, Salt Creek, and Little Wabash River

303.331

Mississippi RiverNorth Temperature

303 .341

Mississippi RiverNorth Central Temperature

303.351

Mississippi

River South

Central Temperature

303.352

Unnamed Tributary of Wood River Creek

303.353

Schoenberger Creek; Unnamed Tributary of Cahokia Canal

303.361

Mississippi River South Temperature

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF

PROPOSED AMENDMENTS

303 .400

Bankline Disposal Along the Illinois Waterway/River

303 .430

Unnamed Tributary to Dutch Creek

303 .431

Long Point Slough and Its Unnamed Tributary

303.441

Secondary Contact Waters

303 .442

Waters Not Designated for Public Water Supply

303.443

Lake Michigan Basin

303 .444

Salt Creek, Higgins Creek, West Branch of the DuPage River, Des Plaines River

SUBPART D:

THERMAL DISCHARGES

Section

303.500

Scope and Applicability

303.502

Lake Sangchris Thermal Discharges

APPENDIX A

References to Previous Rules

APPENDIX B

Sources ofCodified Sections

AUTHORITY:

Implementing Section

13 and authorized

by Sections

11(b) and 27 ofthe

Environmental Protection Act

415

ILCS

5/13,

11(b), and 27.

SOURCE:

Filed with the Secretary ofState January

1978; amended at 2 Ill. Reg. 27,

p. 221,

effective July

1978; amended at

3 Ill. Reg. 20,

95,

effective May 17,

1979; amended at

Ill.

Reg.

11592, effective October 19,

1981; codified at 6 Ill. Reg. 7818;

amended at 6 Ill. Reg.

11161

effective September 7,

1982;

amended at 7

III. Reg. 8111, effective June 23,

1983; amended in

R87-27 at

111. Reg. 9917, effective May 27,

1988; amended in R87-2 at

Ill. Reg.

15649,

effective September 22,

1989;

amended in R87-36

III. Reg.

9460, effective May 31, 1990;

amended in R86-I4 at 14

111. Reg. 20724, effective December 18,

1990; amended in R89-14(C) at

16111. Reg.

14684, effective September 10,

1992; amended in R92-17

18 Ill. Reg. 2981,

effective February 14,

1994; amended in R9I-23 at 18111. Reg.

13457, effective

August 19,

1994;

amended in R93-13

19 Ill. Reg.

1310,

effective January 30,

1995; amended in R95-14

at 20111.

Reg. 3534, effective February 8,

1996; amended in R97-25

at 22 Ill. Reg.

1403, effective

December 24, 1997; amended in R0l-13 at 26111. Reg.

3517, effective February 22, 2002;

amended in R03-I 1, at

Ill. Reg

,effective_______

SUBPART

SPECIFIC

USE DESIGNATIONS AND SITE

SPECIFIC WATER QUALITY STANDARDS

Section 303.326

Unnamed Tributary of Salt Creek,

Salt Creek, and Little

Wabash

River.

The fluoride general use water quality standard of35 Ill.

Adm.

Code 302.208(g) does not

apply to

the waters of the

State which

are located from the point of discharge ofthe

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

POTW located at 903 E.

Eichie Avenue in Effingham,

Illinois, owned by the City of

Effingham, to

an unnamed tributary ofSalt Creek,

said point being located in Effingham

County, T8N, R6E,

Sec. 28,

Lat:

39°06’24”,Long:

88°3I

‘55”,

to the confluence ofsaid

unnamed tributary with

Salt Creek; to

the confluence ofSalt Creek with the Little

Wabash River; to

the confluence ofBuck

Creek and the Little Wabash River.

Fluoride

levels in such waters must meet

a water quality

standard for fluoride (STORET Number

00951) as set

forth below.

From the point ofdischarge ofthe City of Effingham POTW to the

unnamed tributary to the confluence ofthe unnamed tributary with

Salt

Creek and from

the confluence ofthe unnamed tributary with Salt Creek to

the confluence ofSalt Creek

with the Little Wabash River, the fluoride

water quality standard

is 5.0 mg/L.

From the confluence ofSalt

Creek with the Little Wabash River to

monitoring station C-I9 located on the Little Wabash River

approximately 2.8 miles

downstream of Louisville, Illinois, the fluoride

water quality standard is 3.2 mg/L.

ç~)

From monitoring station C-I 9 located on

a point on the Little Wabash River

approximately 2.8 miles downstream ofLouisville, Illinois

to the confluence of

Buck Creek and

the Little Wabash River, a point on the Little Wabash River

located approximately 9.8 miles

downstream of Louisville, Illinois, the fluoride

water quality standard is 2.0 mg/L.

(Source: Added at 27

III Reg _____________,effective

_________________