1. FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING
    2. 69 Fed. Reg. 25324 (May 6, 2004)
    3. 69 Fed. Reg. 45944 (July 30, 2004)
    4. 69 Fed. Reg. 51892 (August 23, 2004)
    5. 69 Fed. Reg. 54476 (September 8, 2004)
    6. Federal Actions on Which No Action Will Be Necessary
    7. Consolidation of Dockets R05-4 and R05-15
    8. Later Wastewater Pretreatment Amendments of Interest to Date
    9. 70 Fed. Reg. 5058 (February 1, 2005)
    10. PUBLIC COMMENTS
    11. DISCUSSION
    12. General Revisions and Deviations from the Federal Text
    13. Discussion of the Particular Federal Actions Involved in This Docket
    14. Ancillary Amendment to the Plywood and Composite Wood NESHAP--Section 307.3900
    15. Correction to the Transportation Equipment Cleaning Rule--Section 307.5201
    16. Discussion of Miscellaneous Housekeeping Amendments
    17. Table 1:
    18. Board Housekeeping Amendments
    19. ORDER

1

 

 


ILLINOIS POLLUTION CONTROL BOARD

April 21, 2005

 

  
IN THE MATTER OF: )
)
WASTEWATER PRETREATMENT )R05-4
UPDATE, USEPA AMENDMENTS )(Identical-in-Substance
(January 1, 2004 through June 30, 2004) )  Rulemaking - Water)
_________________________________________
WASTEWATER PRETREATMENT )R05-15
UPDATE, USEPA AMENDMENTS )(Identical-in-Substance
(July 1, 2004 through December 31, 2004, )  Rulemaking - Water)
February 1, 2005) )(Consolidated)

Adopted Rule. Final Order.

 

OPINION AND ORDER OF THE BOARD (by N.J. Melas):

 

This identical-in-substance rulemaking updates the Illinois wastewater pretreatment regulations to incorporate revisions to the federal regulations. The United States Environmental Protection Agency (USEPA) made the amendments that prompted this action during two periods: January 1, 2004 through June 30, 2004 and July 1, 2004 through December 31, 2004. The Board has further included a later USEPA action, dated February 1, 2005, as described below. This proceeding adopts amendments to 35 Ill. Adm. Code 307. These adopted amendments are virtually identical to those proposed at 29 Ill. Reg. 2611 (Feb. 18, 2005).

 

As explained below, for reasons of administrative economy, the Board has consolidated dockets R05-4 and R05-15. The caption reflects this consolidation.

 

Sections 7.2 and 13.3 of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and 13.3 (2002)) require that the Board adopt regulations that are “identical in substance” to federal wastewater pretreatment regulations. These are rules adopted by the USEPA pursuant to sections 307(b), (c), and (d) and 402(b)(8) and (b)(9) of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C. §§ 1317(b), (c), and (d) and 1342(b)(8) and (b)(9) (1994)). 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 (2002)) do not apply to the Board’s adoption of identical-in-substance regulations. The federal wastewater pretreatment regulations are found at 40 C.F.R. 400 through 499.

 


FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING

 

USEPA amended the federal wastewater pretreatment regulations once during the period January 1, 2004 through June 30, 2004. That single action is summarized as follows:

 


 
69 Fed. Reg. 25324 (May 6, 2004)
USEPA published a correction to the July 1, 2003 edition of 40 C.F.R. 439. The corrections reinstate text inadvertently deleted from two pages of the regulations; the corrections are not actual amendments to the federal regulations.

USEPA amended the federal wastewater pretreatment regulations on three occasions during the period July 1, 2004 through December 31, 2004. Those actions are summarized as follows:

 


69 Fed. Reg. 45944 (July 30, 2004)

USEPA adopted national emission standards for hazardous air pollutants for the plywood and composite wood products source category. A segment of this action amended the definition of “process wastewater,” which is key to determining the applicability of the wastewater effluent limitations, guidelines, and wastewater pretreatment standards to the affected industries.

 


69 Fed. Reg. 51892 (August 23, 2004)

USEPA adopted effluent limitations guidelines and new source performance standards for concentrated aquatic animal production facilities. USEPA did not establish wastewater pretreatment standards for sources in this category.

 


69 Fed. Reg. 54476 (September 8, 2004)

USEPA amended the effluent limitations guidelines and new source performance standards for meat producing facilities. USEPA did not establish wastewater pretreatment standards for sources in this category.

 


Federal Actions on Which No Action Will Be Necessary

 

Two sets of federal amendments did not require corresponding action from the Board. The August 23, 2004 effluent limitations guidelines and new source performance standards for concentrated aquatic animal production facilities did not include wastewater pretreatment components. Similarly, the September 8, 2004 amendments to the effluent limitations guidelines and new source performance standards for meat producing facilities did not include wastewater pretreatment amendments.

 


Consolidation of Dockets R05-4 and R05-15

 

On occasion it is necessary or desirable to consolidate two or more dockets for singular consideration. Such is the case for dockets R05-4 and R05-15.

 

Consolidation of two or more dockets may occur under a variety of circumstances. One such circumstance is where a single set of amendments affects the subject matter of more than one rulemaking docket. Another instance is where multiple sets of amendments in two or more dockets affect the same subject matter or rules. This might occur where USEPA amends rules amended in an earlier action, or where USEPA corrects earlier amendments. A third circumstance in which consolidation is desirable is where timely commencement of one set of amendments cannot easily occur until after completion of a prior set of amendments. The Board attempts to avoid contemporaneously pending sets of amendments to the same Part of the rules where possible. A fourth instance where consolidation is desirable is when that consolidation expedites the overall consideration of all amendments and the overall volume and complexity of the amendments do not favor separate considerations.

 

In the present dockets, R05-4 and R05-15, these considerations favored consolidation of the dockets. The two sets of amendments are light in volume, and the subject matters are simple. Further, separate consideration might have necessitated a delay in the final adoption of the R05-15 amendments, since timely adoption of that matter would require the Board to adopt a proposal for public comment no later than April 21, 2005, which is the date when the Board presently anticipates voting to adopt the R05-4 amendments. Thus, separate consideration would require contemporaneously pending sets of amendments to Part 307 or a delay of adoption of the R05-15 amendments.

 


Later Wastewater Pretreatment Amendments of Interest to Date

 

The Board engages in ongoing monitoring of federal actions. As of the date of this opinion and accompanying order, the Board has identified one other USEPA action since January 1, 2005 that further amended the wastewater pretreatment rules in a way that would require immediate Board attention. That action is described as follows:

 


70 Fed. Reg. 5058 (February 1, 2005)

USEPA adopted a direct final rule that corrected an error in its August 14, 2000 adoption of pretreatment standards for the transportation equipment cleaning point source category (at 65 Fed. Reg. 49666). USEPA used “any existing source” in 40 C.F.R. 442.16(b), when it should have used “any new source.”

 

When the Board observes an action outside the nominal timeframe of a docket that would require expedited consideration in the pending docket, the Board will expedite consideration of those amendments. Federal actions that could warrant expedited consideration include those that directly affect the amendments involved in this docket, those for which compelling reasons would warrant consideration as soon as possible, and those for which the Board has received a request for expedited consideration. If the Board identifies any additional federal actions that fulfill these criteria prior to final action, the Board may include those amendments in the present consolidated update docket R05-4/R05-15.

 

Other Federal Actions Having a Direct Impact on the Illinois Wastewater Pretreatment Regulations

 

In addition to the amendments to the federal wastewater pretreatment regulations, amendments to other federal regulations occasionally affect the Illinois wastewater pretreatment rules. Most notably, 35 Ill. Adm. Code 310.107 includes incorporations of federal regulations by reference. The incorporated regulations include segments of various USEPA environmental regulations, most notably 40 C.F.R. 136, which sets forth methods for analysis of water and wastewater.

 

As of the date of this proposal for public comment, the Board has found no amendments to the incorporated materials.

 

Summary Listing of the Federal Actions Forming the Basis of the Board’s Actions in These Consolidated Dockets

 

Based on the foregoing, the federal actions that form the basis for Board action in this update docket are the following, listed in chronological order:

 

May 6, 2004

(69 Fed. Reg. 25324)

Correction to the July 1, 2003 edition of 40 C.F.R. 439.

July 30, 2004

(69 Fed. Reg. 45944)

Amendment to the definition of “process wastewater,” which alters the applicability of the regulations.

February 1, 2005

(70 Fed. Reg. 5058)

Correction of an error in the August 14, 2000 (65 Fed. Reg. 49666) pretreatment standards for the transportation equipment cleaning point source category.

 


PUBLIC COMMENTS

 

The Board adopted a proposal for public comment in this matter on February 3, 2005. A Notice of Proposed Amendments appeared in the February 18, 2005 issue of the Illinois Register, at 29 Ill. Reg. 2611. The public comment period ended after 45 days, on April 4, 2005.

 

The Board received no public comments during the public comment period.

 

Since adopting the proposal for public comment, the Board received a document form the Joint Committee on Administrative Rules (JCAR) entitled, “Identical Line Number Version,” which is a copy of the text of the amendments as it appeared in the February 18, 2005 Illinois Register notice. JCAR usually uses highlighting in the line-numbered version of proposed amendments to indicate miscellaneous corrections to the text of the amendments. There were no corrections indicated in the line-numbered text for this proposal.

 


DISCUSSION

 

The following discussion begins with a description of the various deviations the Board makes from the literal text of federal regulations in adopting identical-in-substance rules. It is followed by a discussion of the amendments and actions undertaken in direct response to the federal actions involved in this proceeding. This first series of discussions is organized by federal subject matter, generally appearing in chronological order of the relevant Federal Register notices involved. Finally, this discussion closes with a description of the amendments and actions that are not directly derived from the federal actions.

 


General Revisions and Deviations from the Federal Text

 

In incorporating the federal rules into the Illinois system, some deviation from the federal text is unavoidable. This deviation arises primarily through differences between the federal and state regulatory structure and systems. Some deviation also arises through errors in and problems with the federal text itself. The Board conforms the federal text to the Illinois rules and regulatory scheme and corrects errors that we see in the text as we engage in these routine update rulemakings.

 

In addition to the amendments derived from federal amendments, the Board often finds it necessary to alter the text of various passages of the existing rules as provisions are opened for update in response to USEPA actions. This involves correcting deficiencies, clarifying provisions, and making other changes that are necessary to establish a clear set of rules that closely parallel the corresponding federal requirements within the codification scheme of the Illinois Administrative Code.

 

In the course of completing the two previous updates to the wastewater pretreatment regulations of 35 Ill. Adm. Code 307 and 310, the Board extensively reviewed and corrected the text of the rules. See Wastewater Pretreatment Update, USEPA Amendments (July 1, 2002 through December 31, 2002), R03-13 (Sept. 4, 2003); Wastewater Pretreatment Update, USEPA Amendments (January 1, 2003 through June 30, 2003), R04-1 (Jan. 22, 2004); and Wastewater Pretreatment Update, USEPA Amendments (July 1, 2003 through December 31, 2003), R04-18 (July 8, 2004). As a result, only a limited number of corrective amendments were found necessary at this time. These are limited to updating the version of the Code of Federal Regulations that is incorporated by reference in segments of the rules that are otherwise open for amendment as a result of the federal amendments that prompted this rulemaking. Those corrective amendments are listed in the table on page 8 of this opinion.

 


Discussion of the Particular Federal Actions Involved in This Docket

 

Code of Federal Regulations Corrections--Section 307.4900, 307.4902, and 307.4903

 

The USEPA action of May 6, 2004 (69 Fed. Reg. 25324), corrects an error in publication of the 2003 edition of the Code of Federal Regulations. The Government Printing Office omitted pages 401 and 408 of that volume. The corrections restore that omitted text. Affected were the texts of 40 C.F.R. 439.0, 439.1, 439.26, 439.27, and 439.30 through 439.34. Thus, corrected, the full text of each of these rules appears in the 2004 edition of the Code of Federal Regulations (C.F.R.).

 

The Board incorporated the federal corrections. This required little more than updating incorporations of federal rules by reference to the 2004 edition of the C.F.R. It further requires adding a formerly-omitted incorporation of a federal rule by reference.

 

Four of the restored federal rules (40 C.F.R. 439.0, 439.1, 439.30, and 439.31) are general provisions that affect wastewater pretreatment (in addition to direct dischargers of wastewater to whom the pretreatment rules do not apply). Board action was required relative to three of these federal provisions. It was necessary to add an incorporation of the general applicability statement (40 C.F.R. 439.0) by reference, since the text of the corresponding Illinois provision (35 Ill. Adm. Code 307.4900(a)) does not fully reflect the federal rule. No action is needed with regard to the other federal applicability statement (40 C.F.R. 439.30), since the text of the corresponding Illinois provision (35 Ill. Adm. Code 307.4903(a)) fully sets forth the federal text.

 

Two other federal rules (40 C.F.R. 439.26 and 439.27) set forth wastewater pretreatment standards. Updating the incorporations of these two federal definitions sections (40 C.F.R. 439.1 and 439.31) by reference was necessary in the corresponding Illinois provisions (35 Ill. Adm. Code 307.4902(c)(1) and (d)(1)).

 

Three of the federal rules (40 C.F.R. 439.32, 439.30 through 439.34) relate to direct dischargers. These have nothing to do with wastewater pretreatment, so no Board action was necessary based on these provisions.

 

The following table indicates the Illinois provision that corresponds with each of the federal provisions restored and the actions prompted by each restoration:

 

Federal Provision

Nature of Provision

Illinois Provision

Board Action

439.0

Applicability statement

307.4900(a)

Added incorporation of the 2004 edition of the C.F.R. by reference to reflect the text of the corresponding federal provision.

439.1

Specialized definitions

307.4900(b)

Updated the incorporation by reference to the 2004 edition of the C.F.R.

439.26

Pretreatment standards for existing sources

307.4902(c)(1)

Updated the incorporation by reference to the 2004 edition of the C.F.R.

439.27

Pretreatment standards for new sources

307.4902(d)(1)

Updated the incorporation by reference to the 2004 edition of the C.F.R.

439.30

Applicability statement

307.4903(a)

None; the existing text already reflects the text of the corresponding federal provision.

439.31

Specialized definitions

307.4903(b)

Updated the incorporation by reference to the 2004 edition of the C.F.R.

439.32

BPT-based effluent limitations

None

None

439.33

BCT-based effluent limitations

None

None

439.34

BAT-based effluent limitations

None

None

 

The Board requested public comment on the proposed incorporation of the May 6, 2004 restoration of inadvertently-omitted federal text to the C.F.R. The Board received no comments.

 


Ancillary Amendment to the Plywood and Composite Wood NESHAP--Section 307.3900

 

On July 30, 2004 (69 Fed. Reg. 45944), USEPA adopted national emission standards for hazardous air pollutants (NESHAPs) applicable to the plywood and composite wood point-source categories. While NESHAPs are air emissions standards that normally have little to do with wastewater pretreatment, USEPA included one amendment relating to wastewater discharges. That amendment was to the definition of “process wastewater,” which is a definition critical to the applicability of the wastewater rules applicable to sources in the timber products processing point source category. The NESHAPs amendments excluded various wastewaters from the definition of process wastewater to which the water pollution control regulations apply. Excluded were wastewaters from washout of thermal oxidizers and catalytic oxidizers, biofilters, wet electrostatic precipitators used upstream of thermal oxidizers or catalytic oxidizers used to comply with the NESHAPs.

 

The Board incorporated the federal July 30, 2004 amendments. This was done by updating the incorporation of 40 C.F.R. 429.11 by reference in Section 307.3900(b) to the 2004 edition of the C.F.R., including the July 30, 2003 amendments.

 

The following table indicates the Illinois provision that corresponds with the federal provision amended and the action prompted by each amendment:

 

Federal Provision

Nature of Provision

Illinois Provision

Board Action

429.11

Specialized definitions

307.3900(b)

Updated the incorporation by reference to the 2004 edition of the C.F.R., including the July 30, 2004 Federal Register notice of amendments.

 

The Board requested public comment on the proposed incorporation of the federal

July 30, 2004 amendments. The Board received no comments.

 


Correction to the Transportation Equipment Cleaning Rule--Section 307.5201

 

On February 1, 2005 (70 Fed. Reg. 5058), USEPA adopted a direct final rule that corrected an error in the August 14, 2000 (65 Fed. Reg. 49666) pretreatment standards applicable to the transportation equipment cleaning point source category. USEPA used “any existing source” in 40 C.F.R. 442.16(b), when it should have used “any new source,” in its pretreatment standards applicable to new sources. The Board incorporated the August 14, 2000 amendments into the Illinois wastewater pretreatment rules in Wastewater Pretreatment Update, USEPA Amendments (July 1, 2000 through December 31, 2000), R01-25 (Aug. 9, 2001).

 

The Board incorporated the federal February 1, 2005 correction. This was done by updating the incorporation of 40 C.F.R. 442.16 by reference in Section 307.5201(c)(1) to the 2004 edition of the C.F.R., including the February 1, 2005 correction.

 

The following table indicates the Illinois provision that corresponds with the federal provision corrected and the action prompted by the correction:

 

Federal Provision

Nature of Provision

Illinois Provision

Board Action

442.16

Pretreatment standards for new sources

307.5201(c)(1)

Updated the incorporation by reference to the 2004 edition of the C.F.R., including the February 1, 2005 Federal Register notice of amendments.

 

The Board requested public comment on the proposed incorporation of the federal February 1, 2005 correction. The Board received no comments.

 


Discussion of Miscellaneous Housekeeping Amendments

 

Table 1 below lists corrections and amendments that were not based on current federal amendments. The table (beginning immediately below) includes corrections and clarifications that the Board made in the base text involved in this proposal. Table 2 (beginning on the next page) is a listing of revisions made to the text of the amendments from that proposed and set forth in the Board’s opinion and order of February 3, 2005. Table 2 indicates the changes made, as well as the source that suggested each of the changes.

 


Table 1:


Board Housekeeping Amendments

 

Section

Source

Revision(s)

307.3900(a)

Board

Changed "which" to "that" for a restrictive relative clause

307.4900(a)

Board

Added the incorporation of 40 C.F.R. 439.0 by reference, including the necessary limiting language.

307.4900(c)

Board

Updated the citation to the Code of Federal Regulations to the most recent edition

307.4900(d)

Board

Updated the citation to the Code of Federal Regulations to the most recent edition

307.4900(e)

Board

Updated the citation to the Code of Federal Regulations to the most recent edition

307.4902(a)

Board

Changed “discharges” to “discharges of wastewater”; added “into the collection system of a POTW”

307.4902(b)

Board

Updated the citation to the Code of Federal Regulations to the most recent edition

307.4903(a)

Board

Changed “discharges” to “discharges of wastewater”; added “into the collection system of a POTW”

307.4903(c)(1)

Board

Updated the citation to the Code of Federal Regulations to the most recent edition

307.4903(d)(1)

Board

Updated the citation to the Code of Federal Regulations to the most recent edition

307.5201(a)

Board

Changed “discharges” to “discharges of wastewater”; added “into the collection system of a POTW”

307.5201(c)(1)

Board

Updated the citation to the Code of Federal Regulations to the most recent edition

 

Table 2:

Revisions to the Text of the Proposed Amendments in Final Adoption

 

Section

Source

Revision(s)

307.3900(a)

Board

Changed "which" to "that" for a restrictive relative clause

307.4902(a)

Board

Changed “discharges” to “discharges of wastewater”; added “into the collection system of a POTW”

307.4903(a)

Board

Changed “discharges” to “discharges of wastewater”; added “into the collection system of a POTW”

307.5201(a)

Board

Changed “discharges” to “discharges of wastewater”; added “into the collection system of a POTW”

 


ORDER

 

The Board proposes the following amendments for public comment:

 

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE C: WATER POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

 

PART 307

SEWER DISCHARGE CRITERIA

 

SUBPART A: GENERAL PROVISIONS

Section

 
307.101 Preamble (Renumbered)
307.102 General Requirements (Renumbered)
307.103 Mercury (Renumbered)
307.104 Cyanide (STORET number 00720) (Renumbered)
307.105 Pretreatment Requirements (Repealed)
307.1001 Preamble
307.1002 Definitions
307.1003 Test Procedures for Measurement
307.1005 Toxic Pollutants

SUBPART B: GENERAL AND SPECIFIC PRETREATMENT REQUIREMENTS

Section

 
307.1101 General and Specific Requirements
307.1102 Mercury
307.1103 Cyanide

SUBPART F: DAIRY PRODUCTS PROCESSING

Section

 
307.1501 Receiving Stations
307.1502 Fluid Products
307.1503 Cultured Products
307.1504 Butter
307.1505 Cottage Cheese and Cultured Cream Cheese
307.1506 Natural and Processed Cheese
307.1507 Fluid Mix for Ice Cream and other Frozen Desserts
307.1508 Ice Cream, Frozen Desserts, Novelties, and Other Dairy Desserts
307.1509 Condensed Milk
307.1510 Dry Milk
307.1511 Condensed Whey
307.1512 Dry Whey

SUBPART G: GRAIN MILLS

Section

 
307.1601 Corn Wet Milling
307.1602 Corn Dry Milling
307.1603 Normal Wheat Flour Milling
307.1604 Bulgur Wheat Flour Milling
307.1605 Normal Rice Milling
307.1606 Parboiled Rice Milling
307.1607 Animal Feed
307.1608 Hot Cereal
307.1609 Ready-to-Eat Cereal
307.1610 Wheat Starch and Gluten

SUBPART H: CANNED AND PRESERVED FRUITS AND VEGETABLES

Section

 
307.1700 General Provisions
307.1701 Apple Juice
307.1702 Apple Products
307.1703 Citrus Products
307.1704 Frozen Potato Products
307.1705 Dehydrated Potato Products
307.1706 Canned and Preserved Fruits
307.1707 Canned and Preserved Vegetables
307.1708 Canned and Miscellaneous Specialties

SUBPART I: CANNED AND PRESERVED SEAFOOD

Section

 
307.1801 Farm-Raised Catfish
307.1815 Fish Meal Processing Subcategory

SUBPART J: SUGAR PROCESSING

Section

 
307.1901 Beet Sugar Processing
307.1902 Crystalline Cane Sugar Refining
307.1903 Liquid Cane Sugar Refining

SUBPART K: TEXTILE MILLS

Section

 
307.2000 General Provisions
307.2001 Wool Scouring
307.2002 Wool Finishing
307.2003 Low Water Use Processing
307.2004 Woven Fabric Finishing
307.2005 Knit Fabric Finishing
307.2006 Carpet Finishing
307.2007 Stock and Yarn Finishing
307.2008 Nonwoven Manufacturing
307.2009 Felted Fabric Processing

SUBPART L: CEMENT MANUFACTURING

Section

 
307.2101 Nonleaching
307.2102 Leaching
307.2103 Materials Storage Piles Runoff

SUBPART M: CONCENTRATED ANIMAL FEEDING OPERATIONS

Section

 
307.2201 General
307.2202 Ducks

SUBPART N: ELECTROPLATING

Section

 
307.2300 General Provisions
307.2301 Electroplating of Common Metals
307.2302 Electroplating of Precious Metals
307.2304 Anodizing
307.2305 Coatings
307.2306 Chemical Etching and Milling
307.2307 Electroless Plating
307.2308 Printed Circuit Boards

SUBPART O: ORGANIC CHEMICALS, PLASTICS, AND SYNTHETIC FIBERS

Section

 
307.2400 General Provisions
307.2401 Rayon Fibers
307.2402 Other Fibers
307.2403 Thermoplastic Resins
307.2404 Thermosetting Resins
307.2405 Commodity Organic Chemicals
307.2406 Bulk Organic Chemicals
307.2407 Specialty Organic Chemicals
307.2410 Indirect Discharge Point Sources
307.2490 Non-Complexed Metal-Bearing and Cyanide-Bearing Waste Streams
307.2491 Complexed Metal-Bearing Waste Streams

SUBPART P: INORGANIC CHEMICALS MANUFACTURING

Section

 
307.2500 General Provisions
307.2501 Aluminum Chloride Production
307.2502 Aluminum Sulfate Production
307.2503 Calcium Carbide Production
307.2504 Calcium Chloride Production
307.2505 Calcium Oxide Production
307.2506 Chlor-Alkali Process (Chlorine and Sodium or Potassium Hydroxide Production)
307.2508 Hydrofluoric Acid Production
307.2509 Hydrogen Peroxide Production
307.2511 Potassium Metal Production
307.2512 Potassium Dichromate Production
307.2513 Potassium Sulfate Production
307.2514 Sodium Bicarbonate Production
307.2516 Sodium Chloride Production
307.2517 Sodium Dichromate and Sodium Sulfate Production
307.2520 Sodium Sulfite Production
307.2522 Titanium Dioxide Production
307.2523 Aluminum Fluoride Production
307.2524 Ammonium Chloride Production
307.2527 Borax Production
307.2528 Boric Acid Production
307.2529 Bromine Production
307.2530 Calcium Carbonate Production
307.2531 Calcium Hydroxide Production
307.2533 Carbon Monoxide and Byproduct Hydrogen Production
307.2534 Chrome Pigments Production
307.2535 Chromic Acid Production
307.2536 Copper Salts Production
307.2538 Ferric Chloride Production
307.2540 Fluorine Production
307.2541 Hydrogen Production
307.2542 Hydrogen Cyanide Production
307.2543 Iodine Production
307.2544 Lead Monoxide Production
307.2545 Lithium Carbonate Production
307.2547 Nickel Salts Production
307.2549 Oxygen and Nitrogen Production
307.2550 Potassium Chloride Production
307.2551 Potassium Iodide Production
307.2553 Silver Nitrate Production
307.2554 Sodium Bisulfite Production
307.2555 Sodium Fluoride Production
307.2560 Stannic Oxide Production
307.2563 Zinc Sulfate Production
307.2564 Cadmium Pigments and Salts Production
307.2565 Cobalt Salts Production
307.2566 Sodium Chlorate Production
307.2567 Zinc Chloride Production

SUBPART R: SOAP AND DETERGENTS

Section

 
307.2701 Soap Manufacturing by Batch Kettle
307.2702 Fatty Acid Manufacturing by Fat Splitting
307.2703 Soap Manufacturing by Fatty Acid Neutralization
307.2704 Glycerine Concentration
307.2705 Glycerine Distillation
307.2706 Manufacture of Soap Flakes and Powders
307.2707 Manufacture of Bar Soaps
307.2708 Manufacture of Liquid Soaps
307.2709 Oleum Sulfonation and Sulfation
307.2710 Air-Sulfur Trioxide Sulfation and Sulfonation
307.2711 Sulfur Trioxide Solvent and Vacuum Sulfonation
307.2712 Sulfamic Acid Sulfation
307.2713 Chlorosulfonic Acid Sulfation
307.2714 Neutralization of Sulfuric Acid Esters and Sulfonic Acids
307.2715 Manufacture of Spray Dried Detergents
307.2716 Manufacture of Liquid Detergents
307.2717 Manufacturing of Detergents by Dry Blending
307.2718 Manufacture of Drum Dried Detergents
307.2719 Manufacture of Detergent Bars and Cakes

SUBPART S: FERTILIZER MANUFACTURING

Section

 
307.2801 Phosphate
307.2802 Ammonia
307.2803 Urea
307.2804 Ammonium Nitrate
307.2805 Nitric Acid
307.2806 Ammonium Sulfate Production
307.2807 Mixed and Blend Fertilizer Production

SUBPART T: PETROLEUM REFINING

Section

 
307.2901 Topping
307.2902 Cracking
307.2903 Petrochemical
307.2904 Lube
307.2905 Integrated

SUBPART U: IRON AND STEEL MANUFACTURING

Section

307.3000 General Provisions
307.3001 Cokemaking
307.3002 Sintering
307.3003 Ironmaking
307.3004 Steelmaking
307.3005 Vacuum Degassing
307.3006 Continuous Casting
307.3007 Hot Forming
307.3008 Salt Bath Descaling
307.3009 Acid Pickling
307.3010 Cold Forming
307.3011 Alkaline Cleaning
307.3012 Hot Coating

307.3013  Other Operations

 

SUBPART V: NONFERROUS METALS MANUFACTURING

Section

 
307.3100 General Provisions
307.3101 Bauxite Refining
307.3102 Primary Aluminum Smelting
307.3103 Secondary Aluminum Smelting
307.3104 Primary Copper Smelting
307.3105 Primary Electrolytic Copper Refining
307.3106 Secondary Copper
307.3107 Primary Lead
307.3108 Primary Zinc
307.3109 Metallurgical Acid Plants
307.3110 Primary Tungsten
307.3111 Primary Columbium-Tantalum
307.3112 Secondary Silver
307.3113 Secondary Lead
307.3114 Primary Antimony
307.3115 Primary Beryllium
307.3116 Primary and Secondary Germanium and Gallium
307.3117 Secondary Indium
307.3118 Secondary Mercury
307.3119 Primary Molybdenum and Rhenium
307.3120 Secondary Molybdenum and Vanadium
307.3121 Primary Nickel and Cobalt
307.3122 Secondary Nickel
307.3123 Primary Precious Metals and Mercury
307.3124 Secondary Precious Metals
307.3125 Primary Rare Earth Metals
307.3126 Secondary Tantalum
307.3127 Secondary Tin
307.3128 Primary and Secondary Titanium
307.3129 Secondary Tungsten and Cobalt
307.3130 Secondary Uranium
307.3131 Primary Zirconium and Hafnium

SUBPART X: STEAM ELECTRIC POWER GENERATING

Section

 
307.3301 Steam Electric Power Generating

SUBPART Y: FERROALLOY MANUFACTURING

Section

 
307.3401 Open Electric Furnaces With Wet Air Pollution Control Devices
307.3402 Covered Electric Furnaces and Other Smelting Operations with Wet Air Pollution Control Devices
307.3403 Slag Processing
307.3404 Covered Calcium Carbide Furnaces With Wet Air Pollution Control Devices
307.3405 Other Calcium Carbide Furnaces
307.3406 Electrolytic Manganese Products
307.3407 Electrolytic Chromium

SUBPART Z: LEATHER TANNING AND FINISHING

Section

 
307.3500 General Provisions
307.3501 Hair Pulp, Chrome Tan, Retan-Wet Finish
307.3502 Hair Save, Chrome Tan, Retan-Wet Finish
307.3503 Hair Save or Pulp, Non-Chrome Tan, Retan-Wet Finish
307.3504 Retan-Wet Finish-Sides
307.3505 No Beamhouse
307.3506 Through-the-Blue
307.3507 Shearling
307.3508 Pigskin
307.3509 Retan-Wet Finish-Splits
307.3590 Potassium Ferricyanide Titration Method

SUBPART BA: GLASS MANUFACTURING

Section

 
307.3601 Insulation Fiberglass
307.3602 Sheet Glass Manufacturing
307.3603 Rolled Glass Manufacturing
307.3604 Plate Glass Manufacturing
307.3605 Float Glass Manufacturing
307.3606 Automotive Glass Tempering
307.3607 Automotive Glass Laminating
307.3608 Glass Container Manufacturing
307.3610 Glass Tubing (Danner) Manufacturing
307.3611 Television Picture Tube Envelope Manufacturing
307.3612 Incandescent Lamp Envelope Manufacturing
307.3613 Hand Pressed and Blown Glass Manufacturing

SUBPART BB: ASBESTOS MANUFACTURING

Section

 
307.3701 Asbestos-Cement Pipe
307.3702 Asbestos-Cement Sheet
307.3703 Asbestos Paper (Starch Binder)
307.3704 Asbestos Paper (Elastomeric Binder)
307.3705 Asbestos Millboard
307.3706 Asbestos Roofing
307.3707 Asbestos Floor Tile
307.3708 Coating or Finishing of Asbestos Textiles
307.3709 Solvent Recovery
307.3710 Vapor Absorption
307.3711 Wet Dust Collection

SUBPART BC: RUBBER MANUFACTURING

Section

 
307.3801 Tire and Inner Tube Plants
307.3802 Emulsion Crumb Rubber
307.3803 Solution Crumb Rubber
307.3804 Latex Rubber
307.3805 Small-Sized General Molded, Extruded, and Fabricated Rubber Plants
307.3806 Medium-Sized General Molded, Extruded, and Fabricated Rubber Plants
307.3807 Large-Sized General Molded, Extruded, and Fabricated Rubber Plants
307.3808 Wet Digestion Reclaimed Rubber
307.3809 Pan, Dry Digestion, and Mechanical Reclaimed Rubber
307.3810 Latex-Dipped, Latex-Extruded, and Latex-Molded Rubber
307.3811 Latex Foam
SUBPART BD: TIMBER PRODUCTS PROCESSING

Section

 
307.3900 General Provisions
307.3901 Barking
307.3902 Veneer
307.3903 Plywood
307.3904 Dry Process Hardboard
307.3905 Wet Process Hardboard
307.3906 Wood Preserving-Water Borne or Nonpressure
307.3907 Wood Preserving-Steam
307.3908 Wood Preserving-Boulton
307.3909 Wet Storage
307.3910 Log Washing
307.3911 Sawmills and Planing Mills
307.3912 Finishing
307.3913 Particleboard Manufacturing
307.3914 Insulation Board
307.3915 Wood Furniture and Fixture Production without Water Wash Spray Booths or without Laundry Facilities
307.3916 Wood Furniture and Fixture Production with Water Wash Spray Booths or with Laundry Facilities

SUBPART BE: PULP, PAPER, AND PAPERBOARD

Section

 
307.4000 General Provisions
307.4001 Dissolving Kraft
307.4002 Bleached Papergrade Kraft and Soda
307.4003 Unbleached Kraft
307.4004 Dissolving Sulfite
307.4005 Papergrade Sulfite
307.4006 Semi-Chemical
307.4007 Mechanical Pulp
307.4008 Non-Wood Chemical Pulp
307.4009 Secondary Fiber Deink
307.4010 Secondary Fiber Non-Deink
307.4011 Fine and Lightweight Papers from Purchased Pulp
307.4012 Tissue, Filter, Non-Woven, and Paperboard from Purchased Pulp
307.4013 Groundwood-Thermo-Mechanical (Repealed)
307.4014 Groundwood-CMN Papers (Repealed)
307.4015 Groundwood-Fine Papers (Repealed)
307.4016 Soda (Repealed)
307.4017 Deink (Repealed)
307.4018 Nonintegrated-Fine Papers (Repealed)
307.4019 Nonintegrated-Tissue Papers (Repealed)
307.4020 Tissue From Wastepaper (Repealed)
307.4021 Papergrade Sulfite (Drum Wash) (Repealed)
307.4022 Unbleached Kraft and Semi-Chemical (Repealed)
307.4023 Wastepaper-Molded Products (Repealed)
307.4024 Nonintegrated-Lightweight Papers (Repealed)
307.4025 Nonintegrated-Filter and Nonwoven Papers (Repealed)
307.4026 Nonintegrated-Paperboard (Repealed)

SUBPART BF: BUILDERS’ PAPER AND BOARD MILLS

Section

 
307.4101 Builder’s Paper and Roofing Felt (Repealed)

SUBPART BG: MEAT PRODUCTS

Section

 
307.4201 Simple Slaughterhouse
307.4202 Complex Slaughterhouse
307.4203 Low-Processing Packinghouse
307.4204 High-Processing Packinghouse
307.4205 Small Processor
307.4206 Meat Cutter
307.4207 Sausage and Luncheon Meats Processor
307.4208 Ham Processor
307.4209 Canned Meats Processor
307.4210 Renderer

SUBPART BH: METAL FINISHING

Section

 
307.4300 General Provisions
307.4301 Metal Finishing

SUBPART BL: CENTRALIZED WASTE TREATMENT

Section

 
307.4700 General Provisions
307.4701 Metals Treatment and Recovery
307.4702 Oils Treatment and Recovery
307.4703 Organics Treatment and Recovery
307.4704 Multiple Waste Streams

SUBPART BN: PHARMACEUTICAL MANUFACTURING

Section

 
307.4900 General Provisions
307.4901 Fermentation Products
307.4902 Extraction Products
307.4903 Chemical Synthesis Products
307.4904 Mixing/Compounding and Formulation
307.4905 Research (Repealed)

SUBPART BQ: TRANSPORTATION EQUIPMENT CLEANING

Section

 
307.5200 General Provisions
307.5201 Tank Trucks and Intermodal Tank Containers Transporting Chemical and Petroleum Cargos
307.5202 Rail Tank Cars Transporting Chemical and Petroleum Cargos
307.5203 Tank Barges and Ocean/Sea Tankers Transporting Chemical and Petroleum Cargos
307.5204 Tanks Transporting Food Grade Cargos

SUBPART BR: PAVING AND ROOFING MATERIALS (TARS AND ASPHALT)

Section

 
307.5301 Asphalt Emulsion
307.5302 Asphalt Concrete
307.5303 Asphalt Roofing
307.5304 Linoleum and Printed Asphalt Felt

SUBPART BS: WASTE COMBUSTORS

Section

 
307.5401 Commercial Hazardous Waste Combustor

SUBPART BT: LANDFILLS

Section

 
307.5500 General Provisions
307.5501 RCRA Subtitle C Hazardous Waste Landfill
307.5502 RCRA Subtitle D Non-Hazardous Waste Landfill

SUBPART BU: PAINT FORMULATING

Section

 
307.5601 Oil-Base Solvent Wash Paint

SUBPART BV: INK FORMULATING

Section

 
307.5701 Oil-Base Solvent Wash Ink

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

SUBPART CG: CARBON BLACK MANUFACTURING

Section

 
307.6801 Carbon Black Furnace Process
307.6802 Carbon Black Thermal Process
307.6803 Carbon Black Channel Process
307.6804 Carbon Black Lamp Process

SUBPART CJ: BATTERY MANUFACTURING

Section

 
307.7100 General Provisions
307.7101 Cadmium
307.7102 Calcium
307.7103 Lead
307.7104 Leclanche
307.7105 Lithium
307.7106 Magnesium
307.7107 Zinc

SUBPART CL: PLASTICS MOLDING AND FORMING

Section

 
307.7300 General Provisions
307.7301 Contact Cooling and Heating Water
307.7302 Cleaning Water
307.7303 Finishing Water

SUBPART CM: METAL MOLDING AND CASTING

Section

 
307.7400 General Provisions
307.7401 Aluminum Casting
307.7402 Copper Casting
307.7403 Ferrous Casting
307.7404 Zinc Casting

SUBPART CN: COIL COATING

Section

 
307.7500 General Provisions
307.7501 Steel Basis Material
307.7502 Galvanized Basis Material
307.7503 Aluminum Basis Material
307.7504 Canmaking

SUBPART CO: PORCELAIN ENAMELING

Section

 
307.7600 General Provisions
307.7601 Steel Basis Material
307.7602 Cast Iron Basis Material
307.7603 Aluminum Basis Material
307.7604 Copper Basis Material

SUBPART CP: ALUMINUM FORMING

Section

 
307.7700 General Provisions
307.7701 Rolling With Neat Oils
307.7702 Rolling With Emulsions
307.7703 Extrusion
307.7704 Forging
307.7705 Drawing With Neat Oils
307.7706 Drawing With Emulsions or Soaps

SUBPART CQ: COPPER FORMING

Section

 
307.7800 General Provisions
307.7801 Copper Forming
307.7802 Beryllium Copper Forming

SUBPART CR: ELECTRICAL AND ELECTRONIC COMPONENTS

Section

 
307.7901 Semiconductor
307.7902 Electronic Crystals
307.7903 Cathode Ray Tube
307.7904 Luminescent Materials

SUBPART CT: NONFERROUS METALS FORMING AND METAL POWDERS

Section

  
307.8100 General Provisions
307.8101 Lead-Tin-Bismuth Forming
307.8102 Magnesium Forming
307.8103 Nickel-Cobalt Forming
307.8104 Precious Metals Forming
307.8105 Refractory Metals Forming
307.8106 Titanium Forming
307.8107 Uranium Forming
307.8108 Zinc Forming
307.8109 Zirconium-Hafnium Forming
307.8110 Metal Powders
307.Appendix A
References to Previous Rules (Repealed)

AUTHORITY: Implementing Sections 7.2, 13, and 13.3 and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/7.2, 13, 13.3, and 27].

 

SOURCE: Adopted in R70-5, at 1 PCB 426, March 31, 1971; amended in R71-14, at 4 PCB 3, March 7, 1972; amended in R74-3, at 19 PCB 182, October 30, 1975; amended in R74-15, 16, at 31 PCB 405, at 2 Ill. Reg. 44, p. 151, effective November 2, 1978; amended in R76-17, at 31 PCB 713, at 2 Ill. Reg. 45, p. 101, effective November 5, 1978; amended in R76-21, at 44 PCB 203, at 6 Ill. Reg. 563, effective December 24, 1981; codified at 6 Ill. Reg. 7818; amended in R82-5, 10, at 54 PCB 411, at 8 Ill. Reg. 1625, effective January 18, 1984; amended in R86-44 at 12 Ill. Reg. 2592, effective January 13, 1988; amended in R88-11 at 12 Ill. Reg. 13094, effective July 29, 1988; amended in R88-18 at 13 Ill. Reg. 1794, effective January 31, 1989; amended in R89-3 at 13 Ill. Reg. 19288, effective November 17, 1989; amended in R88-9 at 14 Ill. Reg. 3100, effective February 20, 1990; amended in R89-12 at 14 Ill. Reg. 7620, effective May 8, 1990; amended in R91-5 at 16 Ill. Reg. 7377, effective April 27, 1992; amended in R93-2 at 17 Ill. Reg. 19483, effective October 29, 1993; amended in R94-10 at 19 Ill. Reg. 9142, effective June 23, 1995; amended in R95-22 at 20 Ill. Reg. 5549, effective April 1, 1996; amended in R97-23 at 21 Ill. Reg. 11930, effective August 12, 1997; amended in R99-4 at 23 Ill. Reg. 4413, effective March 31, 1999; amended in R99-17 at 23 Ill. Reg. 8421, effective July 12, 1999; amended in R00-15 at 24 Ill. Reg. 11640, effective July 24, 2000; amended in R01-5 at 25 Ill. Reg. 1735, effective January 11, 2001; amended in R01-25 at 25 Ill. Reg. 10867, effective August 14, 2001; amended in R03-13 at 27 Ill. Reg. 15095, effective September 10, 2003; amended in R04-1 at 28 Ill. Reg. 3076, effective February 6, 2004; amended in R04-18 at 28 Ill. Reg. 10661, effective July 13, 2004; amended in R05-4/R05-15 at 29 Ill. Reg. ________, effective ______________________.

 

SUBPART BD: TIMBER PRODUCTS PROCESSING

 

 
Section 307.3900
General Provisions
  
a) Applicability. This Subpart BD applies to any timber products processing operation, and any plant producing insulation board with wood as the major raw material, which that introduces or may introduce process wastewater pollutants into a POTW.
b) General definitions. The Board incorporates by reference 40 CFR 429.11 (2003) (2004), as amended at 69 Fed. Reg. 45944, 46045 (July 30, 2004). This incorporation includes no later amendments or editions.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

 

SUBPART BN: PHARMACEUTICAL MANUFACTURING

 

 
Section 307.4900
General Provisions
     
a) Applicability. This Subpart BN applies to any pharmaceutical manufacturing facility that introduces or may introduce process wastewater pollutants into a POTW. The Board incorporates by reference 40 CFR 439.0 (2004). This incorporation includes no later amendments or editions.
b) General definitions. The Board incorporates by reference 40 CFR 439.1 (2003) (2004). This incorporation includes no later amendments or editions.
c) Monitoring requirements. The Board incorporates by reference 40 CFR 439.2 and Appendix A (2003) (2004). This incorporation includes no later amendments or editions.
d) General pretreatment standards. The Board incorporates by reference 40 CFR 439.3 (2003) (2004). This incorporation includes no later amendments or editions.
e) General limitation or standard for pH. The Board incorporates by reference 40 CFR 439.4 (2003) (2004). This incorporation includes no later amendments or editions.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

 

 
Section 307.4902
Extraction Products
  
a) Applicability. This Section applies to discharges of wastewater resulting from the manufacture of pharmaceuticals by extraction into the collection system of a POTW.
b) Specialized definitions. The Board incorporates by reference 40 CFR 439.21 (2003) (2004). This incorporation includes no later amendments or editions.

c)  Existing sources.

 

  
1) The Board incorporates by reference 40 CFR 439.26 (2003) (2004). This incorporation includes no later amendments or editions.
2) No person subject to the pretreatment standards incorporated by reference in subsection (c)(1) of this Section may 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 439.27 (2003) (2004). This incorporation includes no later amendments or editions.
2) No person subject to the pretreatment standards incorporated by reference in subsection (d)(1) of this Section may 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 November 26, 1982.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

 

 
Section 307.4903
Chemical Synthesis Products
  
a) Applicability. This Section applies to discharges of wastewater resulting from the manufacture of pharmaceuticals by chemical synthesis into the collection system of a POTW.
b) Specialized definitions. The Board incorporates by reference 40 CFR 439.31 (2003) (2004). This incorporation includes no later amendments or editions.

c)  Existing sources.

 

  
1) The Board incorporates by reference 40 CFR 439.36 (2003) (2004). This incorporation includes no later amendments or editions.
2) No person subject to the pretreatment standards incorporated by reference in subsection (c)(1) of this Section may 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 439.37 (2003) (2004). This incorporation includes no later amendments or editions.
2) No person subject to the pretreatment standards incorporated by reference in subsection (d)(1) of this Section may 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 November 26, 1982.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

 

SUBPART BQ: TRANSPORTATION EQUIPMENT CLEANING

 

 
Section 307.5201
Tank Trucks and Intermodal Tank Containers Transporting Chemical and Petroleum Cargos
   
a) Applicability. This Section applies to discharges of wastewater resulting from the cleaning of tank trucks and intermodal tank containers that have been used to transport chemical or petroleum cargos into the collection system of a POTW.
b) Specialized definitions. None.
c) Existing sources.
  
1) The Board incorporates by reference 40 CFR 442.15 (2003) (2004). This incorporation includes no later amendments or editions.
2) No person subject to the pretreatment standards incorporated by reference in subsection (c)(1) of this Section may 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 442.16 (2003) (2004), as amended at 70 Fed. Reg. 5058 (Feb. 1, 2005). This incorporation includes no later amendments or editions.
2) No person subject to the pretreatment standards incorporated by reference in subsection (d)(1) of this Section may cause, threaten, or allow the discharge of any contaminant to a POTW in violation of such standards.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

 

IT IS SO ORDERED.

 

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board adopted the above opinion and order on April 21, 2005, by a vote of 5-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

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