ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENT
Heading of the Part : Water Use Designations and Site Specific Water Quality Standards
2)
Code Citatio : 35 111
. Adm. Code 303
3)
Section Number :
Proposed Action:
303.445
Added
4)
Statutory Authority : Implementing Section 13 and authorized by Sections 11(b) and 27 of
the Environmental Protection Act [415 ILCS 5/13, 11(b) and 27] .
5)
A complete description of the subjects and issues involved : A more complete description
of this proposal may be found in the Board's opinion and order of March 2, 2006 in
docket R06-24. This site-specific rulemaking proposal was filed with the Board by the
ExxonMobil Oil Corporation (ExxonMobil) on February 7, 2006 for discharges of Total
Dissolved Solids (TDS) from the ExxonMobil Joliet Refinery during the months of
November through April in each year. The proposal would set 1,686 milligrams per Liter
(mg L) as the TDS levels for both Secondary Contact and Indigenous Aquatic life Use
Waters General Use Waters . This 1,686 mg/L standard would apply instead of the
general use standard of 1,000 mg/L found in 35 Ill . Adm. Code 302 .208
secondary contact use standard of 1,500 mg/L found in 302 .407. On March 2, 2006, the
Board adopted the proposal as it appears below for first notice publication rulemaking
Lout commenting on the merits of the proposal, in response to a joint motion to
expedite this rulemaking made by ExxonMobil and the Illinois Environmental Protection
Agency (Agency) . The Board presently intends to schedule only one hearing during the
45-day first notic
onVlobi I owns and operates the Joliet Refinery (refinery) located in Channahon
ownship on a 1,300 acre tract of land in unincorporated Will County. The site is
adjacent to Interstate 55 at the Arsenal Road exit, approximately 50 miles southwest of
Chicago . The refinery employs more than 500 full-time employees, and approximately
100 additional ExxonMobil employees who provide regional support services are also
located at the refinery .
On October 11, 2005, ExxonMobil was a party to a consent decree involving the United
States of America, as well as the States of Illinois, Louisiana, and Montana
. Under that
consent decree, ExxonMobil must, among other things, make substantial investments in
air emissions reductions at the Joliet Refinery. The consent decree calls for the use of a
wet gas scrubber in addition to added technology, which will contribute to additional
sulfate and TDS to the wastewater treatment system .
NOTICE OF PROPOSED AMENDMENT
ExxonMobil has asserted that because of occasional observed TDS violations in the Des
Plaines River and in light of 35 Ill . Adm. Code 302 .102(b)(9), the Agency could not issue
the wastewater construction permit needed by ExxonMobil
. ExxonMobil and the Agency
believe that Board adoption of the proposed 1,686 mg/L TDS standard would allow for
issuance of a peiwit approvable by the United States Environmental Protection Agency .
6)
Will this rulemaking replace any emergene rulemakin(z currently in effect? No
7)
Does this rulemaking contain an automatic repeal date? No
8)
Does this nzlemakin,g contain incorporations by reference?
No
9)
Are there any other amendments pending on this Part? No
10)
Statement of statewide policy objectives: The proposed amendments do not create or
expand a State mandate as defined in Section 3 of the State Mandates Act [30 ILCS 805] .
11)
Time, place and manner in which interested persons may comment on this proposed,
rulemaking : The Board will accept written public comment on this proposal for a period
after the date of this publication . Comments should reference Docket R06-24
and be addressed to :
Ms. Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center, Suite 11-500
100 W. Randolph St .
Chicago, IL 60601
Address all questions to John Knittle, at 217/278-3111 or email at
knittlej @ipcba
.state.il.us.
Request copies of the Board's opinion and order at 312-814-3620, or download a copy
from the Board's Website at http :\\www.ipcb .state.il.us.
12)
Initial regulatory flexibility analysis :
A)
Types of small businesses, small municipalities, and not-for-profit corporations
affected
: None
ILLINOIS REGISTER
2
POLLUTION CONTROL BOARD
06
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENT
B)
Reporting, bookkepping or other procedures required for compliance
: None
C)
Types of professional skills necessM for coMpliance
: None
13)
summarized : The Board did not
include this rulemaking on either of the last two regulatory agendas because it had no
advance notice that ExxonMobile would request this site-specific relief to allow it to
comply
with the October 11, 2005 federal consent decree .
The full text of the Proposed Amendment begins on the nex~a e
:
06
TITLE 35 :
ENVIRONMENTAL PROTECTION
SUBTITLE C : WATER POLLUTION
CHAPTER I : POLLUTION CONTROL BOARD
PART 303
WATER USE DESIGNATIONS AND SITE SPECIFIC
WATER QUALITY STANDARDS
SUBPART A
: GENERAL PROVISIONS
Section
303 .100
Scope and Applicability
303 .101
Multiple Designations
303 .102
Rulemaking Required
SUBPART B : NONSPECIFIC WATER USE DESIGNATIONS
Section
303 .200
Scope and Applicability
303 .201
General Use Waters
303 .202
P
'c and Food Processing Water Supplies
303 .203
Underground Waters
303 .204
Secondary Contact and Indigenous Aquatic Life Waters
303 .205
Outstanding Resource Waters
303 .206
List of Outstanding Resource Waters
SUBPART C
: SPECIFIC USE DESIGNATIONS AND SITE
SPECIFIC WATER QUALITY STANDARDS
Section
303 .300
Scope and Applicability
303 .301
Organization
303
.311
Ohio River Tempe
e
303 .312
Waters Rec
i
uorspar Mine Drainage
303 .321
3
0 . 3
303 .326
U
tary
303 . s i
River
303 .341
Mississippi River
303 . 1
Mississippi River
LDo named
7
a
Schoenberger
ee
M1ssiss ,'ppz River Sou
Cahokia Canal
1
0
303 .430
3 .431
3
1
303 .442
a
303
.443
Lake
303 .444
Salt
Plaines River
303
.445
Total Dissolved Solids Water Quality Standard for the Lower
Des Plaines River
posal
Unnamed
utarv
Long P
Sloowgh
condary Contact
s Not Designated
Michigan Basin
Creek, Higg'
Creek,
SUBPART D
: THERMAL DISCHARGES
to
ilion River
ibutary
ek, Salt Creek,
rature
Cent 1 Temper
Central Temperature
o i
eek
m Tributary of
Temperature
ng
e Illinois
Dot
ek
its
ed
Waters
for Public
Tr
u
Waterway/River
e
Water Supply
and Little Wabash River
y
West Branch of the DuPage River, Des
Section
303 .500
Scope and Applicability
303 .502
Lake Sangchris Thermal Discharges
a03-APPENDIX A References to Previous Rules
3D3 APPENDIX B
Sources of Codified Sections
AUTHORITY : Implementing Section
13 and authorized
by Sections 11(b) and 27 of
the Environmental Protection Act [415 ILCS 5/13, 11(b) and 27] .
SOURCE : Filed with the Secretary of State January 1, 1978 ; amended at 2 Ill
.
Reg . 27, p . 221, effective July 5, 1978
; amended at 3 Ill . Reg . 20, p . 95,
effective May 17, 1979 ; amended at 5 Ill . Reg . 11592, effective October 19,
1981 ; codified at 6 Ill . Reg . 7818 ; amended at 6 Ill . Reg . IT15111101
effective; September 7, 1982 ; amended at 7 Ill . Reg . 8111, effective June 23,
1983 ; amended in R87-27 at 12 Ill . Reg . 9917, effective May 27, 1988
; amended in
R87-2 at 13 Ill . Reg . 15649, effective September 22, 1989 ; amended in R87-36 at
14 Ill . Reg . 9460, effective May 31, 1990 ; amended in R86-14 at 14 Ill . Reg .
20724, effective December 18, 1990 ; amended in R89-14(C) at 16 Ill . Reg . 14684,
effective September 10, 1992 ; amended in R92-17 at 18 Ill . Reg . 2981, effective
February 14, 1994 ; amended in R91-23 at 18 Ill . Reg . 13457, effective August
19, 1994 ; amended in R93-13 at 19 Ill . Reg . 1310, effective January 30, 1995 ;
amended in R95-14 at 20 Ill . Reg . 3534, effective February 8, 1996 ; amended in
R97-25 at 22 Ill . Reg . 1403, effective December 24, 1997 ; amended in R01-13 at
26 Ill . Reg . 3517, effective February 22, 2002
; amended in R03-11.11 at 28 Ill .
Rej-Rgg..3071,
,
effective
effective February
4, 2004- ; amended in R06-24 at 30 Ill . R-eg-
SUBPART C : SPECIFIC USE DESIGNATIONS AND SITE
SPECIFIC WATER QUALITY STANDARDS
Section 303 .445 Total Dissolved Solids Water Quality Standard for the Lower
Des Plaines River
a)
Beginning November 1 and continuing through April 30 of each year, the
total dissolved solids (TDS) water quality standard for Secondary Contact and
Indigenous Aquatic lWeLifa Use waters in 35 Ill . Adm . Code 302 .407 does not
apply to the portion of the Des Plaines River from the ExxonMobil refinery
wastewater treatment plant discharge point located at 1-55 and Arsenal Road
(said point being located in Will County, T34N, R9E, S15, Latitude : 41?Z, 25"
North, Longitude : 88?Z,
11', 20" West) and continuing to the interstate T.-55
bridge . IDS levels in suehthygg waters must instead meet a water quality
standard for TDS (STORET Number 70300) of 1,686 mg/L .
b)
Beginning November 1 and continuing through April 30 of each year, the TDS
water quality standard for General Use Waters in 35 Ill . Adm . Code 302 .208 does
not apply to the Des Plaines River from the interstate IQ55 bridge to the
en
confluence
,ehjjtgt waters
of the
must
Des
instead
Plaines
meet
River
a
with
water
the
quality
Kankakee
standard
River .
for
TDS
TDS
levels
(STORETin
Number 70300) of 1,686 mg/L
.
(Source : Added at 30 Ill . Reg .
,
effective
I
JCAR350303-06045E1r01
POLLUTION CONTROL BOZRD
t, e
-13 so- .5
Document comparison done by DeltaView on Friday, March
10, 2006 3:54 :56 PM
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Input:
Document I
file ://I :/Input/35-303-Agency(issue1 1) .doc
Document 2
file ://I :/Input/35-303-rOl (issue 11 ).doc
Rendering set Standard
303.361
Mississippi River South Temperature
303.400
Bankline Disposal Along the Illinois Waterway/River
303.430
Unnamed Tributary to Dutch Creek
303.431
Long Point Slough and Its Unnamed Tributary
303.441
Secondary Contact Waters
303 .442
Waters Not Designated for Public Water Supply
303 .443
Lake Michigan Basin
303 .444
Salt Creek, Higgins Creek, West Branch of the DuPage River, Des Plaines River
303 .445
Total Dissolved Solids Water Quality Standard for the Lower Des Plaines River
SUBPART D
: THERMAL DISCHARGES
Section
303 .500
Scope and Applicability
303 .502
Lake Sangchris Thermal Discharges
303.APPENDIX A References to Previous Rules
303.APPENDIX B Sources of Codified Sections
AUTHORITY: Implementing Section 13 and authorized by Sections 11(b) and 27 of the
Environmental Protection Act [415 ILCS 5/13, 11(b) and 27]
.
SOURCE: Filed with the Secretary of State January 1, 1978
; amended at 2 111. Reg. 27, p . 221,
effective July 5, 1978; amended at 3 Ill . Reg. 20, p. 95, effective May 17, 1979
; amended at 5 Ill .
Reg. 11592, effective October 19, 1981 ; codified at 6111 . Reg. 7818 ; amended at 6111
. Reg.
11161, effective September 7, 1982 ; amended at 7 Ill . Reg. 8111, effective June 23, 1983 ;
amended in R87-27 at 12 111 . Reg
. 9917, effective May 27, 1988 ; amended in R87-2 at 13 111 .
Reg. 15649, effective September 22, 1989
; amended in R87-36 at 14 111. Reg. 9460, effective
May 31, 1990 ; amended in R86-14 at 14 Ill. Reg
. 20724, effective December 18, 1990 ; amended
in R89-14(C) at 16 111 . Reg. 14684, effective September 10, 1992 ; amended in R92-17 at 18 111
.
Reg
. 2981, effective February 14, 1994
; amended in R91-23 at 18 Ill. Reg. 13457, effective
August 19, 1994; amended in R93-13
at 19 111 . Reg. 1310, effective January 30,1995 ; amended
in R95-14 at 20 Ill . Reg. 3534, effective February 8, 1996
; amended in R97-25 at 22 Ill . Reg.
1403, effective December 24, 1997 ; amended in RO1-13 at 26 Ill . Reg
. 3517, effective February
22, 2002 ; amended in R03-11 at 28 111. Reg. 3071, effective February 4, 2004
; amended in R06-
24 at 30 111 . Reg. SUBPART
, effectiveC
: SPECIFIC
USE
DESIGNATIONS AND SITE
SPECIFIC WATER QUALITY STANDARDS
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84 Section 303 .445 Total Dissolved Solids Water Quality Standard for the Lower Des Plaines
85
e
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JCAR350303-0604581r01
JCAR350303-060458 I rOl
87
a)
Beginning November 1 and continuing through April 30 of each year, the total
88
dissolved solids (TDS) water quality standard for Secondary Contact and
89
Indigenous Aquatic Life Use waters in 35 Ill . Adm. Code 302.407 does not apply
90
to the portion of the Des Plaines River from the ExxonMobil refinery wastewater
91
treatment plant discharge point located at 1-55 and Arsenal Road (said point being
92
located in Will County, T34N,R9E,S15,
Latitude : 41', 25" North, Longitude
:
93
88°, 11', 20" West) and continuing 5 bridge . TDS levels in these waters
94
must instead meet a water quality standard for TDS (STORET Number 70300) of
95
1,686 mgIL
.
96
97
b)
Beginning November I and continuing through April 30 of each year, the TDS
98
water quality standard for General Use Waters in 35 Ill . Adm. Code 302 .208 does
99
not apply to the Des Plaines River from the 1-55 bridge to the confluence of the
100
Des Plaines River with the Kankakee River . TDS levels in these waters must
101
instead meet a water quality standard for TDS (STORET Number 70300) of 1,686
102
1119/L.
103
104
(Source
: Added at 30 111 . Reg. effective
