OFFICE OF THE SECRETARY OF STATE
JESSE WHITE . Secretary of State
03/10/2006
POLLUTION CONTROL BOARD
James R. Thompson Center 100 W . Randolph St ., Ste 11-500
Dorothy Gunn
CHICAGO, IL 60601
Dear Dorothy Gunn
Your rules Listed below met our codification standards and have been published in
Volume 30, Issue 11 of the Illinois Register, dated 03/17/2006 .
ADOPTED RULES
Water Quality Standards
35 III . Adm . Code 302
Page 4919
Point Of Contact:Erin Conley
Petroleum Underground Storage Tanks (Releases Reported On Or After June 24, 2002)
35 111 . Adm. Code 734
Page 5090
Point Of Contact:Erin Conley
Petroleum Underground Storage Tanks (Releases Reported September 23, 1994, Through June 23, 2002)
35 III . Adm . Code 732
Page 4928
Point Of Contact:Erin Conley
Permits and General Provisions
35 III . Adm . Code 201
Page 4901
Point Of Contact:Erin Conley
PROPOSED RULES
Water Use Designations and Site Specific Water Quality Standards
35 III . Adm . Code 303
Page 4581
Point Of Contact :Erin Conley
(217)
If you
782
have
- 7017
any questions,
.
you may contact the Administrative Code Division at
RECEIVED
CLERK'S OFFICE
MAR 1 5 2006
STATE OF ILLINOIS
Pollution Control Board
Index Department - Administrative Code Division - 111 East Monroe Springfield, IL 62756
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
1)
Heading of the Part : Water Use Designations and Site Specific Water Quality Standards
2)
Code citation : 35 Ill . Adm. Code 303
3)
Section Numbers :
Proposed Action:
303 .445
Add
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 and the 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 without 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 notice period
.
ExxonMobil owns and operates the Joliet Refinery (refinery) located in Channahon
Township 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
D
Div
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
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 .
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 permit approvable by the United States Environmental
Protection Agency .
6)
Will these proposed rules replace emergency rules currently in effect? No
7)
Does this rulemaking contain an automatic repeal date? No
8)
Do these proposed rules 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 of 45 days
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@ipcb.state
.il.us
.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
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
B)
Reporting, bookkeeping or other procedures required for compliance
:
None
C)
Types of professional skills necessary for compliance
:
None
13)
Regulatory agenda on which this rulemaking was 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 amendments begins on the next page :
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENT
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
Public and Food Processing Water Supplies
303 .203
Underground Waters
303
.204
Secondary Contact and Indigenous Aquatic Life Waters
303 .205
Outstanding Resource Waters
303 .206
List 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 Temperature
303.312
Waters Receiving Fluorspar Mine Drainage
303.321
Wabash River Temperature
303.322
Unnamed Tributary of the Vermilion River
303.323
Sugar Creek and Its Unnamed Tributary
303.326
Unnamed Tributary of Salt Creek, Salt Creek, and Little Wabash River
303.331
Mississippi River North Temperature
303 .341
Mississippi River North Central Temperature
303
.351
Mississippi River South Central Temperature
303 .352
Unnamed Tributary of Wood River Creek
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENT
303.353
Schoenberger Creek; Unnamed Tributary of Cahokia Canal
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
APPENDIX A
References to Previous Rules
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 2111. Reg. 27, p. 221,
effective July 5, 1978
; amended at 3111 . Reg. 20, p. 95, effective May 17, 1979; amended at 5 111 .
Reg. 11592, effective October 19, 1981 ; codified at 6 111 . Reg. 7818 ; amended at 6 Ill . Reg .
11161
effective, September 7, 1982
; amended at 7 Ill
. Reg
. 8111, effective June 23, 1983; amended in
R87-27 at 12111 . Reg. 9917, effective May 27, 1988 ; amended in R87-2 at 13 Ill . Reg.
15649,
effective September 22, 1989
; amended in R87-36 at 14111 . 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
16111
. Reg
. 14684, effective September 10, 1992 ; amended in R92-17 at 18111
. Reg. 2981,
effective February 14, 1994
; amended in R91-23 at 18 111. Reg. 13457, effective August 19, 1994 ;
amended in R93-13 at 19111 . Reg
. 1310, effective January 30, 1995 ; amended in R95-14 at 20111 .
Reg. 3534, effective February 8, 1996
; amended in R97-25 at 22 Ill . Reg. 1403, effective
December 24, 1997
; amended in RO1-13 at 26111 . Reg. 3517, effective February 22, 2002 ;
amended in R03-1 1, at 28111 . Reg 3071, effective February 4, 2004
; amended in R06-24 at 30111 .
Reg. SUBPART
,
effective C
: SPECIFIC USE DESIGNATIONS AND SITE
SPECIFIC WATER QUALITY STANDARDS
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENT
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 life Use waters in 35 111 . 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°, 25" North, Longitude : 88°, 11', 20" West) and continuing to
the Interstate 55 bridge. TDS levels in such 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 35 111 . Adm. Code
302.208 does not apply to the Des Plaines River from the Interstate 55
bridge to the confluence of the Des Plaines River with the Kankakee
River. TDS levels in such waters must instead meet a water quality
standard for TDS (STORET Number 70300) of 1,686 mg/L .
(Source: Added at 30 Ill . Reg. , effective , )
