OFFICE OF THE SECRETARY OF STATE
POLLUTION CONTROL BOARD
1021 North Grand Ave East
Erin Conley
SPRINGFIELD, IL 62702
JESSE WHITE
• Secretary of State
02/02/2006
RECEIVEDCLERK'S
OFFICE
FEB 1 4 2005
Pollution
STATE OF
Control
ILLINOISBoard
Dear Erin Conley
Your rules Listed below met our codification standards and have been published in
Volume 30, Issue 6 of the Illinois Register, dated 02/10/2006
.
AGENCY REFUSAL IN RESPONSE TO A STATEMENT OF OBJECTION
Effluent Standards
35 III. Adm . Code 304
Page 1922
Point Of Contact :Erin Conley
If you have any questions, you may contact the Administrative Code Division at
(217) 782 - 7017 .
Index Department- Administrative Code Division
- 111 East Monroe Springfield, IL 62756
NOTICE OF REFUSAL TO MODIFY TO MEET THE OBJECTION OF THE JOINT
COMMITTEE ON ADMINISTRATIVE RULES
1)
Heading of the Part Effluent Standards
2)
Code Citation 35 Ill
. Adm
. Code 304
3)
Section Number
Action
304.123
Refusal
4)
Date Notice of Adopted Rules Published in the Register : February 3, 2006
Date WAR Statement of Objection Published in the Register : December 30, 2005 at 29
Ill. Reg. 21175
6)
Summary of Action Taken by the Agency:
In its January 19, 2006 opinion in Docket R04-26 adopting interim phosphorus effluent
standards, the Board respectfully disagreed that this rulemaking would impose an undue
economic burden on the regulated community .
The Board continues to believe that, based on the cost information in the record coupled
with the fact that the proposed rule applies to only new or expanding larger facilities,
affected facilities can incorporate the additional cost of phosphorus control in their
overall expansion plans with an economically reasonable impact
. The interim limits will
apply to only new or expanded discharges from wastewater treatment plants with either a
design average flow over 1 .0 million gallons per day receiving municipal or domestic
waste water, or a total phosphorus effluent load of 25 pounds per day or more for
treatment works other than those treating municipal or domestic wastewater
. The 1.0
mg/L limit will not apply to a source that can demonstrate either that phosphorus is not
the limiting nutrient in the receiving water or that alternative phosphorus effluent limits
are warranted by the aquatic environment in the receiving water .
Thus, the Board finds that the implementation of the phosphorus effluent standard will
not impose an undue economic or regulatory burden
. Additionally, the record in this
rulemaking amply demonstrates that control of phosphorus discharge from larger
treatment plants will result in enhanced water quality in the state's receiving streams
.
RF_CBIVED
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F. s G6C
SOS-CODE DIV
.
ILLINOIS REGISTER
J
POLLUTION CONTROL BOARD
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