ILLINOIS POLLUTION CONTROL BOARD
June 17, 1998
IN THE MATTER OF:
)
) R98-23
WASTEWATER PRETREATMENT
) (Identical-in-Substance Rulemaking -
UPDATE, USEPA REGULATIONS
) Water)
(July 1, 1997 through December 31, 1997)
)
Adopted Rule. Final Order
.
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
Pursuant to Sections 7.2 and 13.3 of the Environmental Protection Act (Act) (415 ILCS
5/7.2 and 13.3 (1996)), the Board adopts amendments to the Illinois wastewater pretreatment
regulations. As discussed more fully below, the amendments incorporate revisions to the
procedures for modification of wastewater pretreatment programs incorporated into an
National Pollution Discharge Elimination System (NPDES) permit of a publicly-owned
treatment works (POTW). In adopting the federal amendments to which the present
amendments are “identical-in-substance,” the United States Environmental Protection Agency
(USEPA) stated that the amendments will reduce the regulatory burden and cost for such
modifications.
Section 13.3 of the Environmental Protection Act (Act) (415 ILCS 5/13.3 (1996))
provides for quick adoption of regulations that are identical in substance to federal wastewater
pretreatment regulations adopted by USEPA pursuant to Sections 307(b), (c), and (d) and
402(b)(9) of the Federal Water Pollution Control Act (33 U.S.C. §§ 1317(b), (c), (d),
1342(b)(9) (1996)). Section 13.3 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 (1996)), do not apply to this
rulemaking. Because this rulemaking is not subject to Section 5 of the APA, it is not subject
to first notice or to second notice review by the Joint Committee on Administrative Rules
(JCAR). The federal wastewater pretreatment regulations are found at 40 CFR 400-499,
interspersed throughout the federal wastewater effluent discharge rules.
Section 7.2(b) of the Act (415 ILCS 5/7.2 (1996)) 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 sole federal action requiring Board
action was that of July 17, 1997. That means that the Board must complete its rulemaking
activity in this docket prior to July 17, 1998.
On April 16, 1998, the Board adopted a proposal in this rulemaking for publication in
the
Illinois Register.
See 22 Ill. Reg. 7465 (May 1, 1998). Upon publication of the proposal,
a 45-day public comment period commenced. This public comment period expired on June
15, 1998. No public comments were received during the public comment period.
Accordingly, the Board adopts the amendments as proposed.
2
FEDERAL ACTION CONSIDERED IN THIS RULEMAKING
The amendments adopted today include certain federal revisions that occurred in the
period of July 1, 1997, through December 31, 1997. USEPA amended its wastewater
pretreatment regulations once during that period. The single set of federal amendments that
occurred during the period is as follows:
Federal Action
Summary
July 17, 1997
(62 Fed. Reg. 38406)
Amendments to the Procedure for Modification of a
Wastewater Pretreatment Program Incorporated into an
NPDES Permit. USEPA amended its wastewater
pretreatment rules and NPDES permit rules to streamline
the process in order to reduce the administrative burden
and cost of program modifications.
DISCUSSION
USEPA amended its wastewater pretreatment regulations on July 17, 1997. See 62
Fed. Reg. 38406 (July 17, 1997). The amendments essentially reduce the administrative
burden and cost associated with modification of a wastewater pretreatment program that is
incorporated into a POTW’s NPDES permit. USEPA undertook a number of amendments to
40 CFR 403 to streamline the procedure for program modification.
Specifically, USEPA reduced the number of categories of modifications that it
considers “significant,” thus reducing the number that are subject to the public notice
requirements. USEPA no longer considers the following modifications “significant”: changes
in the legal authority of the POTW to operate its pretreatment program that make that
authority more prescriptive; revisions in the legal authority that reflect changes in the federal
regulations; changes in local pH limits; and reallocations of local limits that do not increase the
ultimate discharge of that pollutant by the POTW. These changes are reflected in Section
301.921 of the attached order.
Further, USEPA eliminated some aspects of the notice requirements. First, USEPA
amended the type of newspaper required for publication of public notice, so the largest paper
in the area is no longer required. See Section 310.542
infra
at 17. Second, the approval
authority,
i.e.,
the Illinois Environmental Protection Agency (Agency) is not required to
publish a notice of final program modification where there were no public comments on the
notice of proposed program modifications. See Section 310.922
infra
at 21. Further, as
specified in Section 310.923, the POTW is now required to notify the Agency of any non-
substantial modifications at least 45 days prior to its implementation by the POTW. If the
Agency does not notify the POTW of its decision to approve or deny the modification, or to
treat the modification as substantial, within 45 days, the POTW may implement the
3
modification. Finally, a POTW may change its list of industrial users without prior approval
by the approval authority simply by changing the list in its annual report.
The Board has incorporated the federal amendments of July 17, 1997, with only minor
deviation from the federal text. This would include those alterations in structure and wording
that the Board finds are necessary to adapt the clear substance of the amended federal
requirements into the text of the Illinois water pollution control regulations. In addition to the
deviations from the text of the federal amendments, the Board has used this opportunity to
make a small number of amendments to the base text of the existing regulations that are
intended to correct minor, non-substantive faults. These minor revisions to the base text are
intended to make the text comport more fully with Illinois codification requirements and with
the most recent trends in codification style employed by JCAR. The Board tabulates below the
deviations from the federal text and miscellaneous other amendments not directly driven by the
federal amendments at this point. A brief description of each revision is set forth in the table.
An asterisk marks Sections that would not be involved in this proceeding but for the indicated
non-federally derived revision.
1
Deviations from the text of the federal amendments are
indicated by underlining.
Deviations from the Text of the Federal Amendments and Amendments Not
Federally-Derived
Section
Revision(s)
* 310.501
Subpart heading number corrected
* 310.501(a)
Prepositional phrase moved for clarity; “which” changed to “that”;
“receives discharges . . . following conditions” added for clarity
* 310.501(a)(1) &
(a)(2)
“The POTW” and “discharges” added for clarity; “which” changed
to “that”
* 310.501(a)(1) &
(a)(2)
“The POTW” added and “discharges” moved for clarity; “which”
changed to “that”; ending period added
* 310.501(c)
Cross-reference format updated
* 310.501 Board Note
“BOARD NOTE” capitalized; parentheses removed; ending period
added
310.503
“The” capitalized; “BOARD NOTE” capitalized; parentheses
removed; “permit” rendered in lower case; ending period added
310.503 Board Note
“The” capitalized; “BOARD NOTE” capitalized; parentheses
removed; CFR citation updated; ending period added
310.510(a)(3)(B)
“Operation” corrected to “operator”
310.510(a)(4)(B)
Cross-reference format updated
1
The Board would not include amendments to a Section not otherwise affected by underlying
federal amendments if the Part were not already opened to make various federally-derived
amendments. JCAR staff has advised the Board that the inclusion of the proposed corrective
amendments to Section 310.501 is acceptable.
4
310.510(a)(6)(A)
“POTW’s” corrected to “POTWs” (twice); sentence not appearing in
federal regulations deleted
310.510(a)(6)(B)
Cross-reference format updated; Final sentence deleted and wording
of new ending sentence revised to agree more closely with the
existing text of corresponding 40 CFR 403.8(f)(1)(vi)(B)
310.510(b)(1)
Cross-reference format updated
310.510(b)(2)
Cross-reference format updated
310.510(b)(3)
Cross-reference format updated (twice)
310.510(b)(4)
Cross-reference format updated
310.510(b)(6)
Cross-reference format updated (twice)
310.510(b)(7)(D)
Cross-reference format updated
310.510(f)
“Must” changed to “shall”
310.503 Board Note
CFR citation updated
310.542
“Perform the following actions” added for clarity
310.542(a)
Changed ending punctuation to a period
310.542(a)(1)
“The following actions” added for clarity
310.542(a)(1)(A)
“The following entities” added for clarity
310.542(a)(1)(B)
“Newspaper(s)” changed to “newspaper or newspapers”; added
“would provide” for clarity
310.542(a)(3)
Changed ending punctuation to a period
310.542(b)(1)
Cross-reference format updated
310.542(b)(3)
Cross-reference format updated
310.542 Board Note
CFR citation updated
310.612
“POTW’s” corrected to “POTWs”
310.612 Board Note
CFR citation updated
310.921
“the following types of modifications” added for clarity
310.921(b)
“Maximum allowable industrial loading” and “industrial users”
rendered in lower case; “for the purposes of this Section” added for
clarity
310.921(c)
“As described” changed to “as the control mechanism is described”
for clarity
310.921(g)
“On the basis that” changed to “on any of the following bases:”,
divided into subsections, and “the modification” added (twice) for
clarity; “pretreatment program” and “industrial users” rendered in
lower case
310.921 Board Note
CFR citation updated
310.922(c)
“Each of the following conditions is fulfilled” added for clarity;
paragraph broken into subsections for clarity
310.922(d)
comma added for clarity
310.922 Board Note
CFR citation updated
310.923(a)
“Its” added for clarity
310.924 Heading
“Incorporation in permit” changed to “incorporation of modifications
into the permit” for clarity
5
PUBLIC COMMENTS
The first notice period commenced on May 1, 1998, upon publication of the order in
the
Illinois Register.
See 22 Ill. Reg. 7465 (May 1, 1998). The 45 day public comment
period closed on June 15, 1998. No public comments were received relating to this
rulemaking proposal. Accordingly, the Board adopts the amendments as proposed in the
Board’s April 16, 1998, opinion and order, with some minor, non-substantive, stylistic
changes that were identified during the course of this rulemaking.
ORDER
The Board directs the Clerk of the Board to cause publication of the following adopted
amendments 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
310.221
Category Determination Request
6
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
310.443
Revocation
310.444
Appeal
7
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
310.634
Recordkeeping Requirements
310.635
Notification of Discharge of Hazardous Waste
SUBPART G: FUNDAMENTALLY DIFFERENT FACTORS
Section
8
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
SUBPART K: MODIFICATION OF POTW PRETREATMENT PROGRAMS
Section
310.920
General
310.921
ProceduresSubstantial 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].
9
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. ________, effective ______________________.
SUBPART DE: POTW PRETREATMENT PROGRAMS
Section 310.501
Pretreatment Programs Required
a)
The Agency shall require to establish a pretreatment program any POTW (or
combination of POTWs operated by the same authority) with a total design flow
greater than 5 million gallons per day (mgd) which that receives discharges
which fulfill either of the following conditions to establish a pretreatment
program:
1)
The POTW rReceives discharges from industrial users pollutants which
that pass through or interfere with the operation of the POTW; or
2)
The POTW rReceives discharges from industrial users discharges which
that are otherwise subject to categorical standards in 35 Ill. Adm. Code
307.
b)
The Agency shall require that a POTW with a design flow of 5 mgd or less
develop a POTW pretreatment program if the Agency finds that the nature or
volume of the industrial influent, treatment process upsets, violations of POTW
effluent limitations, contamination of municipal sludge, or other circumstances
require a pretreatment program in order to prevent interference or pass through.
c)
Subsections (a) and (b) of this Section notwithstanding, the Agency may, in its
discretion, waive the requirement that any POTW develop a pretreatment
program.
1)
Waivers shall be in writing.
2)
The Agency may, in its discretion, rescind any waiver by giving written
notice to the POTW, giving sufficient time for the POTW to develop the
program.
(Board NoteBOARD NOTE: Derived from 40 CFR 403.8(a) (1986)).
10
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
Section 310.503
Incorporation of Approved Programs in Permits
A POTW may develop an appropriate POTW pretreatment program any time before the time
limit set forth in Section 310.502. tThe approved POTW pretreatment program shall be
incorporated into the POTW’s NPDES permit. The modification of a POTW’s NPDES
Permit for the purposes of incorporating a POTW Pretreatment Program approved in
accordance with the procedure in Sections 310.541 through 310.547 shall be deemed a minor
permit modification subject to Section 310.442.
(Board NoteBOARD NOTE: Derived from 40 CFR 403.8(c) (198697), as amended at 62
Fed. Reg. 38414 (July 17, 1997).
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
Section 310.510
Pretreatment Program Requirements: Development and Implementation
by POTW
A POTW pretreatment program shall be based on the following legal authority and include the
following procedures, and these authorities and procedures shall at all times by fully and
effectively exercised and implemented:
a)
Legal authority. The POTW shall operate pursuant to legal authority
enforceable in federal, state or local courts, which authorizes or enables the
POTW to apply and to enforce the requirements of this Part and 35 Ill. Adm.
Code 307. Such authority may be contained in a statute, ordinance or series of
joint powers agreements which the POTW is authorized to enact, enter into or
implement, and which are authorized by State law. At a minimum, this legal
authority shall enable the POTW to:
1)
Deny or condition new or increased contributions of pollutants, or
changes in the nature of pollutants, to the POTW by industrial users
where such contributions do not meet applicable pretreatment standards
and requirements or where such contributions would cause the POTW to
violate its NPDES permit;
2)
Require compliance with applicable pretreatment standards and
requirements by industrial users;
3)
Control, through ordinance, permit, order or similar means, the
contribution to the POTW by each industrial user to ensure compliance
with applicable pretreatment standards and requirements, and in the case
of each significant industrial users, as defined at 35 Ill. Adm. Code
310.110, this control shall be achieved through permits or equivalent
individual control mechanisms issued to each such user; such control
11
mechanisms must be enforceable and contain, at a minimum, the
following conditions:
A)
A statement of duration (in no case more than five years);
B)
A statement of non-transferability without, at a minimum, prior
notification to the POTW and provision of a copy of the existing
control mechanism to the new owner or operationoperator;
C)
Effluent limits based on applicable general pretreatment standards
in this Part and 35 Ill. Adm. Code 307, categorical pretreatment
standards, local limits, and local law;
D)
Self-monitoring, sampling, reporting, notification and
recordkeeping requirements, including an identification of the
pollutants to be monitored, sampling location, sampling
frequency, and sample type, based on the applicable general
pretreatment standards of this Part and 35 Ill. Adm. Code 307,
categorical pretreatment standards, local limits, and local law;
and
E)
A statement of applicable civil and criminal penalties for
violation of pretreatment standards and requirements, and any
applicable compliance schedule; however, such schedules may
not extend the compliance date beyond applicable federal
deadlines;
4)
Require:
A)
The development of a compliance schedule by each industrial
user for the installation of technology required to meet applicable
pretreatment standards and requirements; and
B)
The submission of all notices and self-monitoring reports from
industrial users as are necessary to assess and assure compliance
by industrial users with pretreatment standards and requirements,
including, but not limited, to the reports required in 310.Subpart
F of this Part;
5)
Carry out all inspection, surveillance and monitoring procedures
necessary to determine, independent of information supplied by
industrial users, compliance or noncompliance with applicable
pretreatment standards and requirements by industrial users.
Representatives of the POTW shall be authorized to enter any premises
of any industrial user in which a discharge source or treatment system is
located or in which records are required to be kept under Section
310.634 to assure compliance with pretreatment standards. Such
authority shall be at least as extensive as the authority provided under
Section 308 of the CWA;
12
6)
Obtain remedies for noncompliance by any industrial user with any
pretreatment standard or requirement:
A)
All POTW’sPOTWs shall be able to seek injunctive relief for
noncompliance by industrial users with pretreatment standards or
requirements. All POTW’sPOTWs shall also have authority to
seek or assess civil or criminal penalties in at least the amount of
$1000 a day for each violation by industrial users of pretreatment
standards and requirements. POTW’s whose approved
pretreatment programs require modification to conform to the
requirements of this subsection shall submit a request by
November 16, 1989.
B)
Pretreatment requirements whichthat will be enforced through the
remedies set forth in subsection(a)(6)(A) of this Section will
include but not be limited to: the duty to allow or carry out
inspections, entry or monitoring activities; any rules, regulations
or orders issued by the POTW; any requirements set forth in
individual control mechanisms issued by the POTW; or any
reporting requirements imposed by the POTW, this Part or 35 Ill.
Adm. Code 307. The POTW shall have authority and procedures
(after notice to the industrial user) immediately and effectively to
halt or prevent any discharge of pollutants to the POTW which
reasonably appears to present an imminent endangerment to the
health or welfare of persons. The POTW shall also have
authority and procedures (which shall include notice to the
affected industrial users and an opportunity to respond) to halt or
prevent any discharge to the POTW which presents or may
present an endangerment to the environment or which threatens to
interfere with the operation of the POTW. The Agency shall
have authority to seek judicial relief for noncompliance by
industrial users when the POTW has acted to seek such relief but
has sought a monetary penalty which that the Agency finds to be
insufficient. The procedures for notice to industrial users where the
POTW is seeking ex parte temporary judicial injunctive relief will be
governed by applicable state or federal law and not by this provision;
and
7)
Comply with the confidentiality requirements set forth in Section
310.105.;
b)
Procedures. The POTW shall develop and implement procedures to ensure
compliance with the requirements of a pretreatment program. At a minimum,
these procedures shall enable the POTW to:
1)
Identify and locate all possible industrial users which might be subject to
the POTW pretreatment program. Any compilation, index or inventory
13
of industrial users made under this subsection (b)(1) shall be made
available to the Agency upon request;
2)
Identify the character and volume of pollutants contributed to the POTW
by the industrial users identified under subsection (b)(1) of this Section.
This information shall be made available to the Agency upon request;
3)
Notify industrial users identified under subsection (b)(1) of this Section
of applicable pretreatment standards and any applicable requirements
under Section 204(b) and 405 of the CWA and Subtitles C and D of the
Resource Conservation and Recovery Act, incorporated by reference in
Section 310.107. Within 30 days of after approval, pursuant to
subsection (f) of this Section, of a list of significant industrial users,
notify each significant industrial user or its status as such and of all
requirements applicable to it as a result of such status;
4)
Receive and analyze self-monitoring reports and other notices submitted
by industrial users in accordance with the self-monitoring requirements
in Subpart D of this Part;
5)
Randomly sample and analyze the effluent from industrial users and
conduct surveillance and inspection activities in order to identify,
independent of information supplies by industrial users, occasional and
continuing noncompliance with pretreatment standards. Inspect and
sample the effluent from each significant industrial user at least once a
year. Evaluate, at least once every two years, whether each such
significant industrial user needs a plan to control slug discharges. For
purposes of this subsection, a slug discharge is any discharge of a non-
routine, episodic nature, including but not limited to an accidental spill
or a non-customary batch discharge. The results of these activities shall
be made available to the Agency upon request. If the POTW decides
that a slug control plan is needed, the plan shall contain, at a minimum,
the following elements:
A)
A description of discharge practices, including non-routine batch
discharges;
B)
A description of stored chemicals;
C)
Procedures for immediately notifying the POTW of slug
discharges, including any discharge that would violate a
prohibition under Section 310.202 and 35 Ill. Adm. Code
307.Subpart B, with procedures for follow-up written notification
within five days; and
D)
If necessary, procedures to prevent adverse impact from
accidental spills, including inspection and maintenance of storage
areas, handling and transfer of materials, loading and unloading
operations, control of plant site run-off, worker training, building
14
of containment structures or equipment, measures for containing
toxic organic pollutants (including solvents) and measures and
equipment for emergency response;
6)
Investigate instances of noncompliance with pretreatment standards and
requirements, as indicated in the reports and notices required under
Subpart D of this Part or as indicated by analysis, inspection and
surveillance activities described in subsection (b)(5) of this Section.
Sample taking and analysis, and the collection of other information, shall
be performed with sufficient care to produce evidence admissible in
enforcement proceedings or in judicial actions; and
7)
Comply with the public participation requirements of 40 CFR 25,
incorporated by reference in Section 310.107, in the enforcement of
pretreatment standards. These procedures shall include provision for
providing, at least annually, public notification, in a newspaper of
general circulation in the unit of local government in which the POTW is
located, of industrial users which, during the previous 12 months, were
in significant noncompliance with applicable pretreatment requirements.
For the purposes of this provision, an industrial user is in significant
noncompliance if its violation meets one or more of the following
criteria:
A)
Chronic violations of wastewater discharge limits, defined here as
those in which sixty-six66 percent or more of all of the
measurements taken during a six-month period exceed (by any
magnitude) the daily maximum limit or the average limit for the
same pollutant parameter;
B)
“Technical review criteria” (TRC) violations, which shall mean
those violations in which thirty-three33 percent or more of all of
the measurements for each pollutant parameter taken during a six-
month period equal or exceed the product of the daily maximum
limit or the average limit multiplied by the applicable TRC (TRC
= 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other
pollutants except pH);
C)
Any other violation of a pretreatment effluent limit (daily
maximum or longer-term average) that the Control Authority
determines has caused, alone or in combination with other
discharges, interference or pass through (including endangering
the health of POTW personnel or the general public);
D)
Any discharge of a pollutant that has caused imminent
endangerment to human health, welfare or to the environment or
has resulted in the POTW’s exercise of its emergency authority
under subsection (a)(6)(B) of this Section to halt or prevent such
a discharge;
15
E)
Failure to meet, within 90 days after the schedule date, a
compliance schedule milestone contained in a local control
mechanism or enforcement order for starting construction,
completing construction, or attaining final compliance;
F)
Failure to provide, within 30 days after the due date, required
reports, such as baseline monitoring reports, 90-day compliance
reports, periodic self-monitoring reports, and reports on
compliance with compliance schedules;
G)
Failure to accurately report noncompliance; or
H)
Any other violation or group of violations which the Agency
determines will adversely affect the operation or implementation
of the local pretreatment program.;
c)
The POTW shall have sufficient resources and qualified personnel to carry the
authorities and procedures described in subsections (a) and (b).;
d)
Local limits. The POTW shall develop local limits as required in Section
310.210 or demonstrate that they are not necessary.;
e)
The POTW shall develop and implement an enforcement response plan. This
plan shall contain detailed procedures indicating how a POTW will investigate
and respond to instances of industrial user noncompliance. The plan shall, at a
minimum:
1)
Describe how the POTW will investigate instances of noncompliance;
2)
Describe the types of escalating enforcement responses the POTW will
take in response to all anticipated types of industrial user violations and
the time periods within which responses will take place;
3)
Identify (by title) the officials responsible for each type of response; and
4)
Adequately reflect the POTW’s primary responsibility to enforce all
applicable pretreatment requirements and standards, as detailed in
subsections (a) and (b).; and
f)
The POTW shall prepare and maintain a list of its industrial users meeting the
criteria in the first paragraphsubsection of the definition of “significant
industrial user” at Section 310.110. The list shall identify the criteria in the
first paragraphsubsection of the definition of “significant industrial user” at
Section 310.110 applicable to each industrial user and, for industrial users
meeting the criteria in the second paragraphsubsection of that definition, shall
also indicate whether the POTW has made a determination pursuant to the
caveat in the second paragraphsubsection of that definition that such industrial
user should not be considered a significant industrial user. This The initial list,
and any subsequent modifications thereto, shall be submitted to the Agency
16
pursuant to Sections 310.521 through 310.533 as a non-substantial program
modification pursuant to Subpart KSection 310.923. Discretionary designations
or de-designations by the control authority shall be deemed to be approved by
the Agency 90days after submission of the list or modifications thereto.
Modifications to the list shall be submitted to the Agency pursuant to Section
310.612(a).
BOARD NOTE: Derived from 40 CFR 403.8(f) (19947), as amended at 60
Fed. Reg. 33926 effective June 29, 1995 62 Fed. Reg. 38414 (July 17, 1997).
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
Section 310.542
Public Notice and Hearing
Upon receipt of a submission the Agency shall commence its review. Within 20 work days
after making a determination that a submission meets the requirements of Section 310.522,
and, where removal allowance approval is sought, Sections 310.340 and 310.524, the Agency
shall perform the following actions:
a)
Issue a public notice of request for approval of the submission;.
1)
This public notice shall be circulated in a manner designed to inform
interested and potentially interested persons of the submission.
Procedures for the circulation of public notice shall include the following
actions:
A)
Mailing notices of the request for approval of the submission to
the following entities:
i)
Federal agencies as designated by USEPA;
ii)
Regional planning agencies whichthat participate in
development of water quality management plans (unless
such agencies have specifically requested not to receive
such notices); and
iii)
Any other person or group who has requested individual
notice, including those on appropriate mailing lists; and
B)
Publication of a notice of request for approval of the submission
in the largest daily a newspaper or newspapers of general
circulation within the jurisdiction or jurisdictions served by the
POTW that would provide meaningful public notice.
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2)
The public notice shall provide a period of not less than 30 days
following the date of the public notice during which time interested
persons may submit their written views on the submission.
3)
All written comments submitted during the 30 day comment period shall
be retained by the Agency and considered in the decision on whether or
not to approve the submission. The period for comment may be
extended at the discretion of the Agency; and.
b)
Provide an opportunity for the applicant, any affected state, any interested State
or federal agency, person or group of persons to request a public hearing with
respect to the submission.
1)
This request for public hearing shall be filed within the 30 day (or
extended) comment period described in subsection (a)(2) of this Section
and shall indicate the interest of the person filing such request and the
reasons why a hearing is warranted.
2)
The Agency shall hold a hearing if the POTW so requests. In addition,
a hearing will be held if there is a significant public interest in issues
relating to whether or not the submission should be approved. Instances
of doubt should be resolved in favor of holding the hearing.
3)
Public notice of a hearing to consider a submission and sufficient to
inform interested parties of the nature of the hearing and the right to
participate shall be published in the same newspaper as the notice of the
original request for approval of the submission under subsection
(a)(1)(B) of this Section. In addition, notice of the hearing shall be sent
to those persons requesting individual notice.
BOARD NOTE: Derived from 40 CFR 403.11(b) (198897), as amended
at 53 Fed. Reg. 40613, October 17, 198862 Fed. Reg. 38414 (July 17,
1997).
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
SUBPART F: REPORTING REQUIREMENTS
Section 310.612
Annual POTW Reports
POTW’sPOTWs with approved pretreatment programs shall provide the approval authority
with a report that briefly describes the POTW’s program activities, including activities of all
18
participating agencies, if more than one jurisdiction is involved in the local program. The
report required by this Section must be submitted no later than one year after approval of the
POTW’s pretreatment program and at least annually thereafter. The report must include, at a
minimum, the following:
a)
An updated list of the POTW’s industrial users, including their names and
addresses or a list of deletions and additions keyed to a previously submitted
list. The POTW shall provide a brief explanation of each deletion. This list
must identify which industrial users are subject to categorical pretreatment
standards and specify which standards are applicable to each industrial user.
The list must indicate which industrial users are subject to more stringent than
the categorical pretreatment standards. The POTW shall also list the industrial
users that are subject only to local requirements.
b)
A summary of the status of industrial user compliance over the reporting period.
c)
A summary of compliance and enforcement activities (including inspections)
conducted by the POTW during the reporting period. And,
d)
Any other relevant information requested by the Agency.A summary of changes
to the POTW’s pretreatment program that have not been previously reported to
the Agency.
BOARD NOTE: Derived from 40 CFR 403.12(i) (1997), as added amended at
53 Fed. Reg. 40614, October 17, 198862 Fed. Reg. 38414 (July 17, 1997).
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
SUBPART K: MODIFICATION OF POTW PRETREATMENT PROGRAMS
Section 310.921
ProceduresSubstantial Modifications Defined
Substantial modifications include the following types of modifications:
a) Modifications that relax POTW legal authorities (as described in Section
310.510(a)), except for modifications that directly reflect a revision to this Part
or to 35 Ill. Adm. Code: Subtitle C, and are reported pursuant to Section
310.923;
b) Modifications that relax local limits, except for the modifications to local limits
for pH and reallocations of the maximum allowable industrial loading of a
pollutant that do not increase the total industrial loadings for the pollutant,
19
which are reported pursuant to Section 310.923. For the purposes of this
Section, “maximum allowable industrial loading” means the total mass of a
pollutant that all industrial users of a POTW (or a subgroup of industrial users
identified by the POTW) may discharge pursuant to limits developed under
Section 310.210;
c) Changes to the POTW's control mechanism, as the control mechanism is
described in Section 310.510(a)(3);
d) A decrease in the frequency of self-monitoring or reporting required of
industrial users;
e) A decrease in the frequency of industrial user inspections or sampling by the
POTW;
f) Changes to the POTW's confidentiality procedures; and
g) Other modifications designated as substantial modifications by the Agency on
any of the following bases:
1) The modification could have a significant impact on the operation of the
POTW's pretreatment program;
2) The modification could result in an increase in pollutant loadings at the
POTW; or
3) The modification could result in less stringent requirements being
imposed on industrial users of the POTW.
POTW pretreatment program modifications must be accomplished as follows for substantial
modifications, as defined in Section 910.922.
a) The POTW shall submit to the Agency a statement of the basis for the desired
modification, a modified program description (See Section 310.510) or such
other documents the Agency determines to be necessary under the
circumstances.
b) The Agency shall approve or disapprove the modification based on the
requirements of Section 310.510, following the procedures in Section 310.542.
c) The modification must be incorporated into the POTW’s NPDES permit after
approval pursuant to 35 Ill. Adm. Code 309.Subpart A.
20
d) The modification becomes effective upon approval by the Agency. Notice of
approval must be published in the same newspaper of the original request for
approval of the modification under Section 310.542(a)(1)(B).
BOARD NOTE: Derived from 40 CFR 403.18(b) (1997), as added amended at
53 Fed. Reg. 40615, October 17, 198862 Fed. Reg. 38414 (July 17, 1997).
(Source: Repealed and new Section added at 22 Ill. Reg. ________, effective
______________________)
Section 310.922
Approval Procedures for Substantial Modifications
a) The POTW shall submit to the Agency a statement of the basis for the desired
program modification, a modified program description (see Section 310.522),
or such other documents the Agency determines to be necessary under the
circumstances.
b) The Agency shall approve or disapprove the modification based on the
requirements of Section 310.510 and using the procedures in Sections 310.542
through 310.546, except as provided in subsections (c) and (d) of this Section.
The modification shall become effective upon approval by the Agency.
c) The Agency need not publish a notice of decision under Section 310.545
provided each of the following conditions is fulfilled:
1) The notice of request for approval under Section 310.542(a) states that
the request will be approved if no comments are received by a date
specified in the notice;
2) No substantive comments are received; and
3) The request is approved without change.
d) Notices required by Sections 310.542 through 310.546 may be performed by
the POTW, provided that the Agency finds that the POTW notice otherwise
satisfies the requirements of Sections 310.542 through 310.546.
a) The following are substantial modifications for purposes of this Section:
1) Changes to the POTW’s legal authorities;
2) Changes to local limits, which result in less stringent local limits;
21
3) Changes to the POTW’s control mechanism, as described in Section
310.510(a)(3);
4) Changes to the POTW’s method for implementing categorical
pretreatment standards (e.g. incorporation by reference, separate
promulgation, etc.);
5) A decrease in the frequency of self-monitoring or reporting required of
industrial users;
6) A decrease in the frequency of industrial user inspections or sampling by
the POTW;
7) Changes to the POTW’s confidentiality procedures;
8) Significant reductions in the POTW’s pretreatment program resources
(including personnel commitments, equipment and funding levels); and
9) Changes in the POTW’s sludge disposal and management practices.
b) The Agency may designate other specific modifications, in addition to those
listed in subsection (a) as substantial modifications.
c) A modification that is not included in subsection (a) is a substantial modification
for the purposes of sections 310.920 through 310.922 if the modification:
1) Would have a significant impact on the operation of the POTW’s
pretreatment program;
2) Would result in an increase in pollution loadings at the POTW; or
3) Would result in less stringent requirements being imposed on industrial
users of the POTW.
BOARD NOTE: Derived from 40 CFR 403.18(c) (1997), as added
amended at 53 Fed. Reg. 40615, October 17, 198862 Fed. Reg. 38414
(July 17, 1997).
(Source: Repealed and new Section added at 22 Ill. Reg. ________, effective
______________________)
22
Section 310.923 Approval Procedures for Non-Substantial Modifications
a) The POTW shall notify the Agency of any non-substantial modification at least
45 days prior to its implementation by the POTW, in a statement similar to that
provided for in Section 310.922(a).
b) Within 45 days after the submission of the POTW's statement, the Agency shall
notify the POTW of its decision to approve or disapprove the non-substantial
modification.
c) If the Agency does not notify the POTW within 45 days of its decision to
approve or deny the modification, or to treat the modification as substantial
under Section 310.921(g), the POTW may implement the modification.
BOARD NOTE: Derived from 40 CFR 403.18(d) (1997), as added at 62 Fed.
Reg. 38414 (July 17, 1997).
(Source: Added at 22 Ill. Reg. ________, effective ______________________)
Section 310.924 Incorporation of Modifications into the Permit
All modifications shall be incorporated into the POTW's NPDES permit upon approval. The
permit shall be modified to incorporate the approved modification in accordance with this Part
and 35 Ill. Adm. Code 310.
BOARD NOTE: Derived from 40 CFR 403.18(e) (1997), as added at 62 Fed. Reg. 38414
(July 17, 1997).
(Source: Added at 22 Ill. Reg. ________, effective ______________________)
IT IS SO ORDERED.
Board Member K.M. Hennessey abstained.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
above opinion and order was adopted on the 17th day of June 1998 by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
