FIRST DRAFT (5/6/98 by MJM)

ILLINOIS POLLUTION CONTROL BOARD

August 4, 2006

IN THE MATTER OF: )

)

WASTEWATER PRETREATMENT ) R06-13

UPDATE, USEPA AMENDMENTS ) (Identical-in-Substance

(July 1, 2005 through December 31, 2005) ) Rulemaking - Water)

Proposed Rule. Proposal for Public Comment.

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

This identical-in-substance rulemaking proposes updating 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 the periods of July 1, 2005 through December 31, 2005. This proceeding proposes

amendments to 35 Ill. Adm. Code 307 and 310. The principal amendments involve (1) federal

standards for filing documents in an electronic format; (2) changes to the general pretreatment

standards that USEPA intended to decrease the regulatory burden on industrial users; and (3)

changes to the effluent guidelines and wastewater pretreatment requirements applicable to the

Iron and Steel Manufacturing Point Source category.

Sections 7.2 and 13.3 of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and

13.3 (2004)) require the Board to adopt regulations that are “identical in substance” to federal

wastewater pretreatment regulations. The wastewater pretreatment regulations 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) (2002)). 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 (2004)) 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.

The Board will cause the proposed amendments to be published in the

Illinois Register

and will hold the docket open to receive public comments for 45 days after the date of

publication. The nominal due date for this proceeding is October 13, 2006. By this order, the

Board extends the due date until October 30, 2006, pursuant to Section 7.2(b) of the Act (415

ILCS 5/7.2(b) (2004)).

FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING

USEPA amended the federal wastewater pretreatment regulations three times during the

period July 1, 2005 through December 31, 2005. Those actions are summarized as follows:

70 Fed. Reg. 59848 (October 13, 2005)

USEPA adopted requirements for electronic filing of required documents, such as permit

applications and reports, under the various federal programs, including federally

authorized state programs. The amendments affect,

inter alia

, the wastewater

pretreatment regulations.

70 Fed. Reg. 60134 (October 14, 2005)

USEPA adopted streamlining amendments to the general wastewater pretreatment

requirements. USEPA stated that the amendments were intended to make the wastewater

requirements more consistent with those applicable to direct dischargers. USEPA intends

that the amendments will decrease the regulatory burden on industrial users without

adverse effects on environmental protection and that the amendments will allow a greater

focus of oversight resources on industrial users that have the greatest potential to affect

POTW operations.

70 Fed. Reg. 73618 (December 13, 2005)

USEPA adopted amendments to the effluent guidelines and wastewater pretreatment

requirements applicable to sources in the Iron and Steel Manufacturing Point Source

category. USEPA stated that the amendments shift the focus from the discharges from an

individual outfall to the overall discharges from all outfalls for a single source. USEPA

called this the “water bubble” concept. This will require adjustment of a particular

pollutant either upward or downward for any single outfall.

No 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 no other USEPA action since

January 1, 2006, that further amended the wastewater pretreatment rules in a way that would

require immediate Board attention.

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

update docket R06-13.

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.

Examination of the federal materials indicates that USEPA amended two documents

incorporated by reference in the Illinois wastewater pretreatment rules. The references involved

in the present group of federal amendments are federal general wastewater pretreatment

regulations. The affected incorporations by reference are described as follows:

40 C.F.R. 403 310.107 70 Fed. Reg. 59848 (Oct. 13, 2005),

70 Fed. Reg. 60134 (Oct. 14, 2005)

40 C.F.R. 403.12(b) 310.602 70 Fed. Reg. 59848 (Oct. 13, 2005)

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:

October 13, 2005

(70 Fed. Reg. 59848)

New requirements for electronic filing of required documents, such

as permit applications and reports.

October 14, 2005

(70 Fed. Reg. 60134)

Streamlining amendments to the general wastewater pretreatment

requirements.

December 13, 2005

(70 Fed. Reg. 73618)

Amendments to the effluent guidelines and wastewater

pretreatment requirements for the Iron and Steel Manufacturing

Point Source category.

TIMETABLE FOR COMPLETION OF THIS RULEMAKING AND

REASONS FOR EXTENSION OF THE ONE-YEAR PERIOD

Section 7.2 of the Act (415 ILCS 5/7.2(b) (2004)) allows a one-year period from the date

of the earliest set of federal amendments considered in this docket for the Board to complete this

rulemaking. USEPA adopted the earliest federal amendments that required Board attention on

October 13, 2005, so that the deadline for Board adoption of these amendments is October 13,

2006. The Board originally scheduled adoption of this proposal for public comment for the

Board meeting of July 20, 2006, to allow for timely adoption of the rule around October 5, 2006.

This would have allowed filing of these amendments before the October 13, 2006 deadline.

The Board has been engaged in an unusually heavy volume of identical-in-substance

rulemaking this year. The Board adopted a proposal for public comment in the consolidated

update docket, UIC Update, USEPA Regulations (July 1, 2005 through December 31, 2005),

R06-16; RCRA Subtitle D Update, USEPA Regulations (July 1, 2005 through December 31,

2005), R06-17; and RCRA Subtitle C Update, USEPA Regulations (July 1, 2005 through

December 31, 2005), R06-18 (consolidated), on April 6, 2006. That consolidated update docket

was quite voluminous. It involved nearly 900 pages of amendments. The Board found it

necessary to adopt an order on June 1, 2006, in that docket that extended the deadline for

adoption of that rulemaking from August 5, 2006 until September 14, 2006. The Board further

adopted a proposal for public comment in SDWA Update, USEPA Regulations (July 1, 2005

through December 31, 2005), R06-15 on July 20, 2006. The Board could not fully initiate this

present proceeding until completion of the prior one.

The Board finds that the current heavy demands on available staff time and accumulated

delays in other identical-in-substance rulemaking proceedings have resulted in the need for

additional time to complete the current rulemaking. The Board will complete all work in this

matter by October 30, 2006.

Board staff is directed to promptly cause publication of a Notice of Public Information on

Proposed Amendments in the

Illinois Register

that sets forth the foregoing as reasons for delay.

Considering the proposal of these amendments on this date, the Board presently projects

the following will occur in the progress towards completion of these amendments:

Nominal Due date: October 13, 2006

Date of Board vote to propose amendments: August 4, 2006

Submission for

Illinois Register

publication: August 14, 2006

Probable

Illinois Register

publication date: August 25, 2006

End of 45-day public comment period: October 9, 2006

Date of Board vote to adopt amendments: October 19, 2006

Probable filing and effective date: October 30, 2006

Probable

Illinois Register

publication date: November 10, 2006

PUBLIC COMMENTS

The Board will receive public comments on this proposal for a period of 45 days

following its publication in the

Illinois Register

. After that time, the Board will immediately

consider adoption of the amendments, making any necessary changes in response to public

comments. The Board expects to file any adopted rules with the Secretary of State immediately

after adoption, but no later than October 30, 2006.

DISCUSSION

The following discussion begins with a description of the amendments undertaken in

direct response to the federal actions involved in this proceeding. The discussion closes with a

description of the miscellaneous amendments that are not directly derived from the federal

actions, but which the Board routinely includes in these update dockets as necessary.

Discussion of the Federal Actions

Cross-Media Electronic Reporting Rule--Sections 307.1006 and 310.106

The USEPA action of October 13, 2005 (70 Fed. Reg. 59848), established the Cross-

Media Electronic Reporting Rule (CROMERR).

The CROMERR sets standards for the filing

of documents in various federal program areas in an electronic format.

While the CROMERR

does not require the filing of documents in an electronic format, it does impose minimum

requirements on documents that are filed in such a format and on the electronic document

receiving systems used to receive them. The CROMERR imposes requirements on electronic

filings submitted to USEPA and on USEPA’s Central Data Exchange (CDX) that receives them,

as well as on any electronic document filings submitted to the states and any systems used by the

states to receive those filings. USEPA stated as follows in its introductory discussion of the

CROMERR:

[US]EPA is establishing the framework by which it will accept electronic reports

from regulated entities in satisfaction of certain document submission

requirements in [US]EPA’s regulations. [US]EPA will provide public notice

when [it] is ready to receive direct submissions of certain documents from

regulated entities in electronic form consistent with this rulemaking via an

[US]EPA electronic document receiving system. This rule does not mandate that

regulated entities utilize electronic methods to submit documents in lieu of paper-

based submissions. . . .

States . . . will be able to seek [US]EPA approval to accept electronic documents

to satisfy reporting requirements under environmental programs that [US]EPA

has delegated, authorized, or approved them to administer. This rule includes

performance standards against which a state’s . . . electronic document receiving

system will be evaluated before [US]EPA will approve changes to the delegated,

These federal amendments are also the subject of proposed rules in two other dockets in which

the Board proposed very similar amendments relating to electronic reporting in identical-in-

substance amendments: UIC Update, USEPA Regulations (July 1, 2005 through December 31,

2005), R06-16; RCRA Subtitle D Update, USEPA Regulations (July 1, 2005 through

December 31, 2005), R06-17; and RCRA Subtitle C Update, USEPA Regulations (July 1, 2005

through December 31, 2005), R06-18 (consolidated) (Apr. 6, 2006), and SDWA Update, USEPA

Regulations (July 1, 2005 through December 31, 2005), R06-15 (July 20, 2006).

The federally-authorized programs to which the CROMERR applies are all state-implemented

aspects of the Clean Air Act (all conventional and hazardous air pollutant aspects), Clean Water

Act (National Pollutant Discharge Elimination System, wastewater pretreatment, and sludge

management aspects), Safe Drinking Water Act (national primary drinking water standards and

underground injection control aspects), Resource Conservation and Recovery Act (hazardous

waste, municipal solid waste landfill, and underground storage tank aspects), and the Lead-

Based Paint Exposure Abatement Act programs.

authorized, or approved program to provide electronic reporting, and establishes a

streamlined process that states, tribes, and local governments can use to seek and

obtain such approvals. 70 Fed. Reg.

59848 (Oct. 13, 2005) (summary).

Only those filings and electronic document receiving systems approved in advance by

USEPA qualify under the CROMERR. Any state system used to receive electronic documents

must obtain USEPA approval before the state may use it, except that a state may continue to use

an existing electronic document receiving system

until October 15, 2007, pending USEPA

review and approval. USEPA is clear that any filing of documents in an electronic format is

voluntary, and not compulsory, and the CROMERR creates no right or privilege to file any

document in an electronic format.

See

59 Fed. Reg. at 59853.

The Board does not review the substance and merits of the underlying federal action in

an identical-in-substance proceeding, except to the extent that it may be necessary to do so in

order to incorporate the federal provisions into the Illinois regulations. Persons interested in the

details of the federal amendments should consult the October 13, 2005

Federal Register

notice.

The only aspects of the present amendments that warrant further discussion here relate to the

general considerations of the Board in assembling a rule to insert into the Illinois wastewater

pretreatment regulations.

The CROMERR appears in a new part of the USEPA regulations, 40 C.F.R. 3. The

structure of new 40 C.F.R. 3 includes three subparts:

Subpart A: General provisions (statements of scope and applicability, definitions of

terms, and statements of the legal effect of filing a document in an

electronic format),

Subpart B: Provisions relative to filing a document into a federal electronic document

receiving system, and

Subpart D: Provisions relative to filing a document into an authorized electronic

document receiving system and for USEPA authorization of a state

system.

The CROMERR is drafted in the “user-friendly” question-and-answer format recently favored

by USEPA.

The object of the CROMERR is to provide for filing of documents in an electronic

format and to assure that documents filed in such a format have the same probative effect as a

One that was in existence on October 13, 2005.

Subpart C is marked “reserved.” It is apparent that at some future time, USEPA may amend

40 C.F.R. 3 to include provisions relating to electronic reporting.

See

59 Fed. Reg. at 59848

(summary).

signed paper document. USEPA stated, “[I]t is essential to ensure that electronic reports can

play the same role as their paper counterparts in providing evidence of what was reported and to

what identified individuals certified with respect to the report.” 59 Fed. Reg. at 59850. Thus,

USEPA’s emphasis is on assuring the authenticity, dependability, and integrity of documents

filed in an electronic format. To this end, the CROMERR imposes requirements on six aspects

of any electronic document receiving system used by a state: (1) system security; (2) the

electronic signature method; (3) registration of persons submitting electronic documents; (4) the

signature and certification scenario; (5) the generation of a transaction record; and (6) system

archives.

See

59 Fed. Reg. at 59855. USEPA listed its bases for evaluation of a state electronic

document receiving system as follows (

see

59 Fed. Reg. at 59867-73):

1. The timeliness of data generation by the system;

2. The ability of the system to retain and generate a copy of the record on demand

that fulfills all of the following requirements:

a. The copy must be true and accurate;

b. It must include all electronic signatures;

c. It must include the date and time of receipt; and

d. It must be viewable in a human-readable format that indicates the meaning

of each information item or data element;

3. The ability to establish that the electronic document was not altered in

transmission or at any time after receipt without detection;

4. The provision of evidence that the person who submitted the document did so

with a way of knowing or confirming that the submission occurred;

5. The availability of the copy of record for timely review and repudiation by the

person or entity that submitted it;

6. The ability to verify the validity of each electronic signature at the time of

signing, which requires the following:

a. That the signature is created using a device “owned” by the person using

it;

b. That the device has not been compromised, or that any compromise will

be detected and the filing rejected in the event of a compromise; and

c. That the person affixing the signature to the document is one who is

authorized to do so;

7. The ability to bind the signature to the electronic document so that the document

cannot be altered without detection once signed;

8. Where the person signing the document must certify the truth or accuracy of the

document, the ability of the system to provide evidence the following:

a. That the signatory had the opportunity to review the document before

signing and submitting it;

b. That the signatory fully understood the significance of his or her signing

and the criminal penalties for a false certification before signing and

submitting it; and

c. That the signatory had the opportunity to detect and repudiate any

spurious submissions made in his or her name through unauthorized

access to the signature device or to the electronic document receiving

system; and

9. The ability of the system to provide the following evidence with regard to the

person signing and submitting an electronic document:

a. That the person signing and submitting an electronic document has

executed an electronic signature agreement or subscriber agreement for

the device used to sign the document; and

b. That the person signing and submitting an electronic document is in fact

that person who has authority to use the device used to sign the document,

as follows:

i. The identity of the signature device owner must be verified before

the system receives any signature created by the device;

ii. The verification must be made “by the attestation of disinterested

individuals”; and

iii. The verification must be “based on information or objects of

independent origin, at least one item of which is not subject to

change without government action or authorization.”

The Board has incorporated the new federal CROMERR into new provisions at 35 Ill.

Adm. Code 307.1006 and 310.106 of the drinking water regulations. Section 310.106 sets forth

the requirements for receipt and filing of reports and documents as electronic documents.

Section 307.1006 subjects filings under Part 307 to the requirements of Section 310.106. In

drafting the identical-in-substance rules, the Board has taken a minimalist approach. Section

310.106(a) makes it clear that electronic filing is an option, and not a requirement. The rules

state that notice of further USEPA action is necessary before the rules can be used for electronic

filing. The rules repeat the federal applicability language making clear that the only filings

covered by the rules are electronic transmittals, and not documents submitted by facsimile or

magnetic or optical media, such as diskette, compact disc, digital videodisc, or tape. Document

transfers between USEPA and the states under administrative arrangements are also excluded.

The Board has incorporated by reference other provisions, including the definitions of 40

C.F.R. 3.3 and the 40 C.F.R. 3.10 procedures for electronic filing directly with USEPA into its

CDX.

See

Section 310.106(b) and (c) (incorporating 40 C.F.R. 3.3 and 3.10 by reference). The

Board is unsure whether there are any Illinois entities currently filing documents directly with

USEPA, but has included those provisions to avoid any confusion.

As to rules for filing documents with the Board or the Agency, the rules repeat at Section

310.106(d)(1) that it is entirely up to the Board or the Agency whether to set up procedures for

electronic filing under the Sections. Federal 40 C.F.R. 3.10 sets forth the basic USEPA

electronic document filing requirements: (1) the electronic document must be filed in a USEPA-

approved electronic document receiving system; and (2) the electronic document must bear

required electronic signatures. The rules provide at Section 310.106(d)(1) that any such

procedures must meet the requirements of 40 C.F.R. 3.2 and 3.2000, as incorporated by

reference, and must receive USEPA approval before they can be used. The Board has included a

provision at Section 310.106(a)(4) that requires the Board or Agency to publish notice of

USEPA approval of any such electronic filling rules in the

Illinois Register

. The Board has also

included in the rule language identical in substance to federal provisions in Section 310.106(e)

that make it clear that electronic filings will be treated in the same way as are properly signed

paper filings.

The Board has added a brief statement as a preamble to Section 310.106. The statement

provides that the filing of any document pursuant to any provision of the Part as an electronic

document is subject to the Section. The intent is to immediately state the subject matter of the

Section and subject electronic filings to its provisions.

In proposing these rules, the Board underscores that adoption of Section 310.106 or any

procedures to implement the Section is not intended to limit authority the Board or Agency may

have under the Act to accept electronic filings. For some time, the Board has been conducting a

pilot program to develop sufficient information and experience to propose workable rules, and

has reserved a procedural rule docket. Amendments to the Board's Procedural Rules to

Accommodate Electronic Filing: 35 Ill. Adm. Code 101-130, R04-8 (Aug. 21, 2003).

But, the

Board presently has no projected date for issuance of a proposal, given the Board’s heavy

rulemaking docket for calendar year 2006.

The Board requests public comment on the incorporation of the October 13, 2005 federal

Cross-Media Electronic Reporting Rule.

In the meantime, the Board currently accepts electronic document submissions into the Clerk’s

Office On-Line (COOL) system. The Board requires the use of the State of Illinois Digital

Signature Project, administered by the Office of the Secretary of State, for filing electronic

documents pursuant to the Electronic Commerce Security Act [5 ILCS 175]. The user must

obtain a free subscription to that system from the State Registration Authority (at

https://autora01.cmcf.state.il.us/ or www.illinois.gov/pki/pki_subscriber.cfm). This may or may

not satisfy USEPA requirements for electronic filing, but the Board presently has insufficient

information to hazard a guess whether it does or does not.

Streamlining Amendments to the General Pretreatment Standards--Subparts A and U of

Part 307 and Subparts A, B, C, E, F, G, and H of Part 310

The USEPA action of October 14, 2005 (70 Fed. Reg. 60134) incorporated streamlining

amendments into the general wastewater pretreatment standards. USEPA stated that the

amendments make the pretreatment standards consistent with the National Pollutant Discharge

Elimination System (NPDES) requirements for direct dischargers. USEPA said the amendments

would reduce the regulatory burden on industrial users, publicly owned treatment works

(POTWs), and states without adverse environmental effects.

The Board does not review the substance and merits of the underlying federal action in

an identical-in-substance proceeding, except to the extent that it may be necessary to do so in

order to incorporate the federal provisions into the Illinois regulations. Persons interested in the

details of the federal amendments should consult the October 14, 2005

Federal Register

notice.

The only aspects of the present amendments that warrant further discussion here relate to the

general considerations of the Board in assembling a rule to insert into the Illinois wastewater

pretreatment regulations.

The single aspect of the amendments that warrants specific discussion relates to rules not

previously adopted by the Board. In Pretreatment Update, USEPA Regulations (January 1, 1993

through June 30, 1993), R93-20 (May 5, 1994) the Board determined that the adoption of

elements of the February 19, 1993 (58 Fed. Reg. 9248) federal sludge management rules was

beyond the scope of the wastewater pretreatment identical-in-substance mandate of Section 13.3

of the Act. 415 ILCS 5/13.3 (2004). The segments of those rules that affected the wastewater

pretreatment requirements related to pollutant removal credits. The Board uses this opportunity

to revisit this issue and add a segment of text to the rules.

Under 40 C.F.R. 403.7 (corresponding with Subpart C of 35 Ill. Adm. Code 310) of the

pretreatment rules, a Control Authority may grant an industrial user credit for removal of a

pollutant from its waste stream. The removal credit for that pollutant, based on the percentage of

the individual pollutant consistently removed from the industrial user’s waste stream, allows the

Control Authority to derive proportionately higher discharge limits for that pollutant than those

set forth in the applicable pretreatment standard.

The segment of the federal sludge management rule not included by the Board in R93-20

was two tables in appendix G to the wastewater pretreatment rules.

See

40 C.F.R.

403.7(a)(3)(iv) (2005) (normally corresponding with 35 Ill. Adm. Code 310.303(d)); appendix G

to 40 C.F.R. 403 (2005). The two tables list the pollutants for which removal credits are

available, based on the mode of use or disposal of the sewage sludge produced by the POTW

that receives the industrial user’s wastewater. The Illinois pretreatment rules as adopted in 1993

Specifically, Sections 307.3001, 307.3002, 307.3006, 310.106, 310.107, 310.110, 310.202,

310.210, 310.222, 310.230, 310.232, 310.233, 310.303, 310.320, 310.350, 310.510, 310.511,

310.601, 310.602, 310.605, 310.610, 310.611, 310.612, 310.613, 310.621, 310.631, 310.632,

310.634, 310.636, 310.637, 310.711, and 310.801.

lack a listing of pollutants for which removal credits are available. The Board believes that a

reference to this table in the Illinois rules would provide guidance to the regulated community,

add definiteness to the rules, and aid implementation of the requirements.

While the adoption of sludge management requirements is beyond the scope of the

Board’s wastewater pretreatment rules, the Board now believes that the lists of pollutants

adopted with the sludge requirements are a necessary segment of the wastewater pretreatment

requirements. USEPA adopted the sludge management requirements under section 405(d) and

(e) of the Clean Water Act (33 U.S.C. 1345(d) and (e) (2002)), which is outside the scope of the

identical-in-substance mandate of Section 13.3 of the Act (415 ILCS 5/13.3 (2004)).

See

58 Fed.

Reg. at 9248. Nevertheless, in the preamble to the adoption of that rule, USEPA discussed the

authority of section 307(b) and (c) of the Clean Water Act (33 U.S.C. 1317(d) and (e) (2002)),

which are the authority for adoption of the wastewater pretreatment standards, when it adopted

the sludge management rule.

See

58 Fed. Reg. at 9249. Thus, incorporation of the lists of

pollutants for which removal credits are available into the Illinois wastewater pretreatment

regulations is required under Section 13.3 of the Act. 415 ILCS 5/13.3 (2004). The Board

added an incorporation of appendix G to 40 CFR 403 by reference for the purposes of the

removal credits provision, Section 310.303(d).

The Board requests public comment on the Board’s incorporation of the October 14,

2005 federal streamlining amendments to the Illinois general pretreatment standards.

Streamlining Amendments to the General Pretreatment Standards--Subparts A and U of

Part 307 and Subparts A, B, C, E, F, G, and H of Part 310

The USEPA action of December 13, 2005 (70 Fed. Reg. 73618) amended the

pretreatment standards applicable to the Iron and Steel Manufacturing Point Source Category.

USEPA amended the rules to make the “water bubble” concept applicable to oil and grease

effluent limitations.

This “water bubble” applies exclusively to direct dischargers, not to

wastewater pretreatment. A correction included in the federal amendments does affect the

federal wastewater pretreatment regulations: USEPA corrected an error in recitations of the

effective date of various segments of the rules. USEPA corrected the date from “after November

19, 2012 and before November 18, 2002” to “after November 19, 1992 and before November 18,

2002” in four separate provisions.

Specifically, Sections 307.3001, 307.3002, 307.3006, 310.106, 310.107, 310.110, 310.202,

310.210, 310.222, 310.230, 310.232, 310.233, 310.303, 310.320, 310.350, 310.510, 310.511,

310.601, 310.602, 310.605, 310.610, 310.611, 310.612, 310.613, 310.621, 310.631, 310.632,

310.634, 310.636, 310.637, 310.711, and 310.801.

The “water bubble” concept establishes effluent limitations based on the total mass of a

pollutant discharged from multiple outfalls. This allows the upward or downward adjustment of

alternative effluent limitations applicable to any individual outfall.

The Board does not review the substance and merits of the underlying federal action in

an identical-in-substance proceeding, except to the extent that it may be necessary to do so in

order to incorporate the federal provisions into the Illinois regulations. Persons interested in the

details of the federal amendments should consult the December 13, 2005

Federal Register

notice. The only aspects of the present amendments that warrant further discussion here relate to

the general considerations of the Board in assembling a rule to insert into the Illinois wastewater

pretreatment regulations.

The federal wastewater pretreatment rules affected by the December 13, 2005 correction

of the erroneous effective date are 40 C.F.R. 420.16 and 420.26. These are incorporated by

reference in 35 Ill. Adm. Code 307.3001(d)(1) and 307.3002(d)(1), respectively. Updating the

Illinois rules to include the December 13, 2005 federal amendments involves only updating the

version of these provision incorporated by reference to include these recent amendments.

The Board requests public comment on the incorporation of the December 13, 2005

federal correction of the effective date.

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 ### of this opinion.

Discussion of Miscellaneous Housekeeping Amendments

The tables below list numerous corrections and amendments that are not based on current

federal amendments. The first table (beginning immediately below) includes deviations made in

this Proposal for Public Comment from the verbatim text of the federal amendments. The

second table (beginning below at page ###) contains corrections and clarifications that the Board

made in the base text involved in this proposal. The amendments listed in this second table are

not directly derived from the current federal amendments. Some of the entries in these tables are

discussed further in appropriate segments of the general discussion beginning at page ### of this

opinion.

Table 1:

Deviations from the Text of the Federal Amendments

Illinois Section 40 C.F.R. Section Revision(s)

310 table of contents,

310.106 heading

Part 3 heading Removed “cross-media” from before

“electronic reporting”

310 table of contents,

310.112 heading

403.3(v) Added the heading to render the definition

as a separate Section

310 table of contents,

310.511 heading

403.8(g) Added the heading to render the provision

as a separate Section

310 table of contents,

310.636 heading

403.8(q) Used the subsection heading as the

heading for a separate Section; changed

“certification” to capitalized

“Certification”

310 table of contents,

310.637 heading

403.8(r) Added the heading to render the definition

as a separate Section

310.106 heading Part 3 heading Removed “cross-media” from before

“electronic reporting”

310.106 3 and 403.12(r) Incorporated the federal requirements

generally for the purposes of the

pretreatment program

310.106 preamble Part 3 heading Added the statement re filing an electronic

document

310.106(a) 3.1(a) Loosely and generally incorporated the

federal requirements for the purposes of

the pretreatment program

310.106(a)(1) 3.2 and 3.1000(a) Loosely and generally incorporated the

federal requirements for the purposes of

the pretreatment program

310.106(a)(2)(A) 3.2(a) and 3.10 Loosely and generally incorporated the

federal requirements for the purposes of

the pretreatment program

310.106(a)(2)(B) 3.2(b) and 3.1000 Loosely and generally incorporated the

federal requirements for the purposes of

the pretreatment program

310.106(a)(3) 3.1(b) Added “any of the following documents

. . . in subsection (a)(1) of this Section”

310.106(a)(3)(A) 3.1(b)(1) Changed “documents” to singular “any

document”; omitted the ending

conjunction “or”

310.106(a)(3)(B) 3.1(b)(2) Changed “documents” to singular “any

document”; changed the ending period to

a semicolon and added the ending

conjunction “or”

310.106(a)(3)(C) 3.1(c) Changed “EPA” to “USEPA”; changed

the conjunction “and” to a comma after

“USEPA”; changed “states, tribes, or

local governments” to singular “any state,

or any local government”; changed

“states, tribes, or local governments” to

“the parties to the transfer”

310.106(a)(4) 3.20 Loosely and generally incorporated the

federal notice requirements for the

purposes of the pretreatment program

310.106(a) Board note Added a reference to the federal source of

the material

310.106(b) 3.3 Incorporated the federal definitions by

reference

310.106(c) 3.10 Loosely and generally incorporated the

federal notice requirements for the

purposes of the pretreatment program

310.106(d) 3.2(b) and (c) and

3.1000(a)

Loosely and generally incorporated the

federal notice requirements for the

purposes of the pretreatment program

310.106(d)(1) 3.2(b) and (c) and

3.1000(a)

Loosely and generally incorporated the

federal notice requirements for the

purposes of the pretreatment program

310.106(d)(2) 3.2(b) Loosely and generally incorporated the

federal notice requirements for the

purposes of the pretreatment program

310.106(e) Added the topical subsection statement

“effects of submission of an electronic

document”

310.106(e)(2) 3.4(b) and 3.2000(c)(1) Changed “a person is subject to . . . if the

person fails to comply with the applicable

provisions for electronic reporting” to “if

a person who submits . . . fails to comply

with the requirements of this Section, that

person is subject to . . .”; changed “any

appropriate civil, criminal penalties or

other remedies under state, tribe, or local

law” to “the penalties prescribed”;

changed “a requirement” to “the

requirement that the electronic document

was intended to satisfy”

310.106(e)(3) 3.4(c) and 3.2000(c)(2) Changed “an electronic document

submitted to satisfy a . . . requirement” to

“a document submitted as an electronic

document to satisfy a reporting

requirement”; changed “signatory” to

“signer” (twice); omitted the unnecessary

comma from before “to the same extent”

310.106(e)(4) 3.1(c) second sentence Changed “this part creates no” to “nothing

in this Section or in any provisions

adopted . . . will create any”; changed

“data electronically and does not obligate

. . . accept electronic documents” to “any

document as an electronic document”

310.106(e) Board note Added a reference to the federal source of

the material

310.106(f) Added references to State laws governing

documents filed before State agencies

310.106(f) Board note Added a reference to the federal source of

the material

310.106 Board note Added a reference to the federal source of

the material

310.107(a) “Combined

Sewer Overflow

(CSO) Policy”

403.7(h) Added the necessary incorporation by

reference, including the full information

to identify the document

310.107(b) “40 CFR

3.2”

Added the necessary incorporation by

reference, including the title of the section

“How Does This Part Provide for

Electronic Reporting?” in parentheses and

“referenced in Section 310.106” offset by

a comma

310.107(b) “40 CFR

3.3”

Added the necessary incorporation by

reference, including the title of the section

“What Definitions Are Applicable to This

Part?” in parentheses and “referenced in

Section 310.106” offset by a comma

310.107(b) “40 CFR

3.10”

Added the necessary incorporation by

reference, including the title of the section

“What Are the Requirements for

Electronic Reporting to EPA?” in

parentheses and “referenced in Section

310.106” offset by a comma

310.107(b) “40 CFR

3.2000”

Added the necessary incorporation by

reference, including the title of the section

“What Are the Requirements Authorized

State . . . Programs’ Reporting Systems

Must Meet?” in parentheses and

“referenced in Section 310.106” offset by

a comma

310.110 “best

management

practices”

403.3(e) Changed “Best Management Practices” to

lower-case “best management practices”

and placed the defined term in

parentheses; placed the abbreviation

“BMPs” in parentheses

310.110 “best

management

practices” Board note

403.3(e) Added the citation to the federal source of

the definition

310.110 “control

authority” Board note

403.3(f) Added the citation to the federal source of

the definition

310.111(b) 403.3(m)(2) Did not change “new source” to

capitalized “New Source”

310.112 403.3(v) Rendered the amended definition as a

separate Section

310.112(a) 403.3(v)(1) Changed “Significant Industrial User” to

lower-case “significant industrial user”

and placed it in quotation marks; added

“the following”

310.112(a)(1) 403.3(v)(1)(i) Changed “all Industrial Users” to lower-

case, singular “an industrial user”; added

“any of the” before “categorical”; changed

“Categorical Pretreatment Standards” to

lower-case “categorical pretreatment

standards”

310.112(a)(2) 403.3(v)(1)(ii) Changed “Industrial User” to lower-case

“industrial user” (twice); added a comma

after “cooling” to offset the final element

of the series; changed numeric “5” to

written “five”; changed “Pretreatment

Standard” to lower-case “pretreatment

standard”

310.112(b) 403.3(v)(2) Changed “Industrial User” to lower-case

“industrial user” (twice); changed

“Pretreatment Standards” to lower-case

“pretreatment standards”; changed “Non-

Significant Categorical Industrial User” to

lower-case “non-significant categorical

industrial user”; added commas before

and after “rather than a . . . user” to offset

it as a parenthetical; changed “Significant

Categorical Industrial User” to lower-case

“significant categorical industrial user”;

added a comma after “cooling” to offset

the final element of a series; added a

comma after “standard)” to completely

offset the parenthetical; changed “the

following conditions are met” to active-

voice “the industrial user meets the

following conditions”

310.112(b)(1) 403.3(v)(2)(i) Added “that” for a restrictive relative

clause; moved the parenthetical “prior to

the . . . finding” from after to before

“industrial user”; changed “Industrial

User” to lower-case “industrial user”;

changed “Pretreatment Standards and

Requirements” to lower-case

“pretreatment standards and

requirements”

310.112(b)(2) 403.3(v)(2)(ii) Added “that” for a restrictive relative

clause; changed “Industrial User” to

lower-case “industrial user”

310.112(b)(3) 403.3(v)(2)(iii) Maintained “Industrial User” as lower-

case “industrial user” (three times);

maintained “Pretreatment Standards” as

lower-case “pretreatment standards”;

maintained “Significant Industrial User”

as lower-case “significant industrial user”

310.112 Board note 403.3(f) Added the citation to the federal source of

the definition, including a

Federal

Register

citation for later amendments

310.210(d) 403.5(c)(4) Changed “POTWs” to singular “a

POTW”; changed “Best Management

Practices” to lower-case “best

management practices”; changed “shall

be” to “are to be”; changed “Pretreatment

Standards” to lower-case “pretreatment

standards”; removed “and section 307(d)

of the Act”

310.211 403.5(d) Added “or BMPs” to the listing of local

limits

310.230(e) 403.6(c)(5) Changed “Pretreatment Standard” to

lower-case “pretreatment standard”;

changed “Industrial User” to lower-case

“industrial user” (twice)

310.230(e)(1) 403.6(c)(5)(i) Changed “Industrial User” to lower-case

“industrial user”; added “undertake the

following actions”

310.230(e)(1)(A) 403.6(c)(5)(i)(A) Added “it must”; removed the

unnecessary commas before and after “or

demonstrate that it will employ”

310.230(e)(1)(B) 403.6(c)(5)(i)(B) Added “it must” (twice); changed

“Pretreatment Standard” to lower-case

“pretreatment standard”

310.230(e)(1)(C) 403.6(c)(5)(i)(C) Added “it must”

310.230(e)(1)(D) 403.6(c)(5)(i)(D) Added “it must”; changed “Discharge” to

lower-case “discharge”

310.230(e)(1)(E) 403.6(c)(5)(i)(E) Added “it must”; changed “Pretreatment

Standards” to lower-case “pretreatment

standards”; changed “Industrial User” to

lower-case “industrial user”

310.230(e)(2) 403.6(c)(5)(ii) Changed “Industrial User” to lower-case

“industrial user”; added “undertake the

following actions”

310.230(e)(2)(A) 403.6(c)(5)(ii)(A) Added “it must”

310.230(e)(2)(B) 403.6(c)(5)(ii)(B) Added “it must”

310.230(e)(2)(C) 403.6(c)(5)(ii)(C) Added “it must”

310.230(e)(2)(D) 403.6(c)(5)(ii)(D) Added “it must”

310.230(e)(3) 403.6(c)(5)(iii) Changed “which” to “that” for a

restrictive relative clause; added “must

undertake the following actions”

310.230(e)(3)(A) 403.6(c)(5)(iii)(A) Added “it”; changed “process(es)” to

“processes”; changed “Industrial User” to

lower-case “industrial user”; changed

“Standard” to lower-case “standard”;

changed “Pretreatment Standard” to

lower-case “pretreatment standard”

310.230(e)(3)(B) 403.6(c)(5)(iii)(B) Added “it”

310.230(e)(3)(C) 403.6(c)(5)(iii)(C) Added “it”; changed “process(es)” to

“processes”; changed “Industrial User’s”

to lower-case “industrial user’s”; changed

“Industrial User” to lower-case “industrial

user”

310.230(e)(4) 403.6(c)(5)(iv) Changed “which” to “that” for a

restrictive relative clause

310.230(f) 403.6(c)(6) Changed “Pretreatment Standards at” to

lower-case “pretreatment standards of”;

changed “Industrial Users” to lower-case

“industrial users”; changed “applicable

subparts” to “applicable provisions”

310.230(g) 403.6(c)(7) Did not change “pretreatment standards”

to capitalized “Pretreatment Standards”;

did not change “Users” to capitalized

“users”

310.230(h) 403.6(c)(8) Did not change “pretreatment standards”

to capitalized “Pretreatment Standards”

310.232 403.6(d) Did not change “discharge” to capitalized

“Discharge”

310.233 preamble 403.6(e) Retained active voice; added parentheses

around “or the industrial user . . . the

Control Authority”

310.320(b)(2) 403.7(h)(2)(ii) Added “the industrial user can claim

consistent removal where”; omitted

“issued pursuant to the Clean Water Act”

and the offsetting comma; changed

“affecting” to “that affects”; added

quotation marks to and “(CSO) to correct

the document title “Combined Sewer

Overflow (CSO) Control Policy”; added

the document number “EPA-830/Z-94-

001”; added “incorporated . . . Section

310.107(a)”

310.510(a)(3) 403.8(f)(1)(iii) Did not change “permit” to capitalized

“Permit”; did not change “user” to

capitalized “User”

310.510(a)(3)(A) 403.8(f)(1)(iii)(A) Changed “the following conditions” to

“the conditions of subsection (g) of this

Section” to move subsections

(f)(1)(iii)(A)(

)(

) through (f)(1)(iii)(A)(

)

to added subsection (g)

310.510(a)(3)(A)

Board note

Added explanation of movement of

subsections (f)(1)(iii)(A)(1)(i) through

(f)(1)(iii)(A)(2) to added subsection (g)

310.510(a)(3)(B) 403.8(f)(1)(iii)(B) Changed “both individual and general

control mechanisms” to “all individual

control mechanisms and general control

mechanisms”

310.510(a)(3)(B)(i) 403.8(f)(1)(iii)(B)(

) Did not remove the indefinite article “a”

310.510(a)(3)(B)(ii) 403.8(f)(1)(iii)(B)(

) Did not remove the indefinite article “a”

310.510(a)(3)(B)(iii) 403.8(f)(1)(iii)(B)(

) Did not change “pretreatment standards”

to capitalized “Pretreatment Standards”

(twice)

310.510(a)(3)(B)(iv) 403.8(f)(1)(iii)(B)(

) Changed “Discharge” to lower-case

“discharge”; removed the ending

conjunction “and”

310.510(a)(3)(B)(v) 403.8(f)(1)(iii)(B)(

) Did not remove the indefinite article “a”;

did not change “pretreatment standards”

to capitalized “Pretreatment Standards”;

added the ending conjunction “and”

310.510(a)(3)(B)(vi) 403.8(f)(1)(iii)(B)(

) Added “such are” before “determined”;

changed the ending period to a semicolon

310.510(a)(6)(B) 403.8(f)(1)(vi)(B) Did not change “that” to “which” for a

restrictive relative clause

310.510(b)(5) 403.8(f)(2)(v) Did not change “industrial users” to

capitalized “Industrial Users” (twice); did

not change “pretreatment standards” to

capitalized “Pretreatment Standards”

310.510(b)(5)(A) 403.8(f)(2)(v)(A) Changed “Industrial User” to lower-case

“industrial user”; changed “Pretreatment

Standard” to lower-case “pretreatment

standard” (twice); changed “Categorical

Industrial User” to lower-case

“categorical industrial user”; changed

“User’s” to lower-case “industrial user’s”

(twice); changed “Discharge” to lower-

case “discharge”

310.510(b)(5)(B) 403.8(f)(2)(v)(B) Changed “Industrial User” to lower-case

“industrial user” (twice); changed “Non-

Significant Categorical Industrial User” to

lower-case “non-significant categorical

industrial user”; removed the unnecessary

commas before and after “at least once per

year”; added “of significant user” after

“definition”

310.510(b)(5)(C) 403.8(f)(2)(v)(C) Changed “Industrial User” to lower-case

“industrial user” (four times)

310.510(b)(6) 403.8(f)(2)(vi) Changed “Significant Industrial User” to

lower-case “significant industrial user”;

changed “Slug Discharges” to lower-case

“slug discharges”; changed “Industrial

Users” to lower-case “industrial users”

(twice); changed “Significant Industrial

User” to lower-case “significant industrial

user” (twice); changed numeric “1” to

written “one”; changed “Slug Discharge”

to lower-case “slug discharge” (twice);

changed “Discharge” to lower-case

“discharge” (twice); added commas

before and after “but not limited to” to

offset it as a parenthetical; changed

“Interference or Pass Through” to lower-

case “interference or pass through”

310.510(b)(6)(A) 403.8(f)(2)(vi)(A) Changed “Discharge” to lower-case

“discharge”

310.510(b)(6)(B) 403.8(f)(2)(vi)(B) Changed “Slug Discharges” to lower-case

“slug discharges”; changed “Discharge”

to lower-case “discharge”

310.510(b)(6)(D) 403.8(f)(2)(vi)(D) Changed “and/or” to “or”

310.510(b)(8) 403.8(f)(2)(viii) Did not change “pretreatment standards”

to capitalized “Pretreatment Standards”;

changed “jurisdiction” to plural

“jurisdictions”; added “at any time”

before “during”; changed “Significant

Industrial User” to lower-case “significant

industrial user”; changed “Industrial

User” to lower-case “industrial user”;

changed “which” to “that” for a restrictive

relative clause

310.510(b)(8)(A) 403.8(f)(2)(viii)(A) Did not change “discharge” to capitalized

“Discharge”; did not change written “six”

to numeric “6”; changed “Pretreatment

Standard or Requirement” to lower-case

“pretreatment standard or requirement”;

added “such are” before “defined”

310.510(b)(8)(B) 403.8(f)(2)(viii)(B) Did not change written “six” to numeric

“6”; changed “Pretreatment Standard or

Requirement” to lower-case “pretreatment

standard or requirement”; added a comma

before “including” to offset the

parenthetical; added “such are” before

“defined”

310.510(b)(8)(C) 403.8(f)(2)(viii)(C) Changed “Pretreatment Standard or

Requirement” to lower-case “pretreatment

standard or requirement”; added a comma

before “as such” to offset the

parenthetical; added “such are” before

“defined”; changed “Standard” to lower-

case “standard”; did not change

“discharges, interference, or pass through”

to capitalized “Discharges, Interference,

or Pass Through”

310.510(b)(8)(H) 403.8(f)(2)(viii)(H) Changed “Best Management Practices” to

lower-case “best management practices”;

did not change “pretreatment” to

capitalized “Pretreatment”

310.510(f) 403.8(f)(6) Did not change “industrial users” to

capitalized “Industrial Users”; did not

change “industrial user” to capitalized

“Industrial User”

310.510(g) 403.8(f)(1)(iii)(A) Added explanation of movement of

subsections (f)(1)(iii)(A)(1)(i) through

(f)(1)(iii)(A)(2) to added subsection (g)

310.510(g)(1) 403.8(f)(1)(iii)(A)(

) Changed “at the discretion of the POTW,

. . . conditions are met” to “a POTW may

use . . . individual facilities”; added “to

use a general control mechanism, . . . true

of” before “all”; added “by the general

control mechanism”

310.510(g)(1)(A) 403.8(f)(1)(iii)(A)(

)(

) Added “the covered facilities must all”

310.510(g)(1)(B) 403.8(f)(1)(iii)(A)(

)(

) Added “the covered facilities must all”

310.510(g)(1)(C) 403.8(f)(1)(iii)(A)(

)(

iii

) Added “the covered facilities must all”

310.510(g)(1)(D) 403.8(f)(1)(iii)(A)(

)(

) Added “the covered facilities must all”

310.510(g)(1)(E) 403.8(f)(1)(iii)(A)(

)(

) Added “the covered facilities”

310.510(g)(2) 403.8(f)(1)(iii)(A)(

) Changed “Significant Industrial User” to

lower-case “significant industrial user”

(four times); changed “Discharge” to

lower-case “discharge” (twice); changed

“User’s” to lower-case “significant

industrial user’s”; changed numeric “3” to

written “three”; changed “Pretreatment

Standards” to lower-case “pretreatment

standards” (twice); changed “Industrial

User” to lower-case “significant industrial

user”; changed “Combined Wastestream

Formula or Net/Gross” to lower-case

“combined wastestream formula or

net/gross”

310.510(g) Board note Added explanation of movement of

subsections (f)(1)(iii)(A)(1)(i) through

(f)(1)(iii)(A)(2) from subsection (a)(3)(A)

310.511 heading 403.8(g) Added the heading to render the provision

as a separate Section

310.511 Added the citation to the

Federal Register

source of the provision

310.602(e)(2) 403.12(b)(5)(ii) Added “categorical” before “standard”;

changed “Standard” to lower-case

“categorical standard”; changed “Best

Management Practice” to lower-case “best

management practice”; changed “User” to

lower-case “industrial user”; changed

“Standards” to lower-case “categorical

standards”; changed “Standard” to lower-

case “categorical standard”; changed the

ending semicolon to a period

310.602(e)(6) 403.12(b)(5)(vi) Did not change “pretreatment” to

capitalized “Pretreatment”

310.605(a) 403.12(e)(1) Changed “Non-Significant Categorical

User” to lower-case “non-significant

categorical user”; changed “Pretreatment

Standard” to lower-case “pretreatment

standard” (twice); changed “Best

Management Practice” to lower-case “best

management practice”; changed “User” to

lower-case “industrial user”

310.605(b) 403.12(e)(2) Changed “shall” to “must”; changed

“Industrial User” to lower-case “industrial

user” (three times); changed

“Pretreatment Standard” to lower-case

“pretreatment standard” (twice); added “it

determines that” before “the industrial

user”; changed “Discharge” to lower-case

“discharge”; changed “or is present only”

to “or that the pollutant is present only”

and removed the unnecessary preceding

comma

310.605(b)(1) 403.12(e)(2)(i) Added “only” before “where”; changed

“where a pollutant is determined to be

present” to active-voice “where it

determines that a pollutant is present”;

added a comma before “provided that” to

offset the parenthetical; changed

“Standard” to lower-case “standard”;

added “the sanitary wastewater” and a

comma before “otherwise includes” to

make an independent clause; changed the

ending period to a semicolon

310.605(b)(2) 403.12(e)(2)(ii) Changed “Permit” to lower-case “permit”;

changed numeric “5” to written “five”;

changed “User” to lower-case “industrial

user”; changed the ending period to a

semicolon

310.605(b)(3) 403.12(e)(2)(iii) Changed “Industrial User” to lower-case

“industrial user”; added “only” before

“if”; changed “EPA approved” to

“USEPA-approved”; added “incorporated

. . . 301.107(b)”; changed the ending

period to a semicolon

310.605(b)(4) 403.12(e)(2)(iv) Changed “grant of the” to “grant of a”;

changed “User’s” to lower-case

“industrial user’s”; changed “User” to

lower-case “industrial user”; changed

numeric “3” to written “three”; changed

the ending period to a semicolon

310.605(b)(5) 403.12(e)(2)(v) Changed “User’s” to lower-case

“industrial user’s”; changed “Industrial

User” to lower-case “industrial user”

(twice)

310.605(b)(5)

certification statement

403.12(e)(2)(v) Changed “Pretreatment Standard” to

lower-case “pretreatment standard”;

changed “National Pretreatment Standard”

to lower-case “national pretreatment

standard”; added the closing bracket after

“standard”; changed “pollutant” to plural

“pollutants”; changed the ending period to

a semicolon

310.605(b)(6) 403.12(e)(2)(vi) Changed “User’s” to lower-case

“industrial user’s”; changed “User” to

lower-case “industrial user”; removed the

colon before “comply”; changed

“Comply” to lower-case “comply”; added

“it must” before “notify”; changed the

ending period to a semicolon; added the

ending conjunction “and”

310.605(b)(7) 403.12(e)(2)(vii) Changed “Pretreatment Standards” to

lower-case “pretreatment standards”;

changed “Pretreatment Standard” to

lower-case “pretreatment standard”

310.610(a) 403.12(g)(1) Changed “Non-Significant Categorical

Users” to singular, lower-case “a non-

significant categorical user”

310.610(b) 403.12(g)(2) Did not change “user” to capitalized

“User”; changed “Industrial User” to

lower-case “industrial user”; added a

comma before “unless” to offset the

parenthetical; changed “User” to lower-

case “industrial user” (twice); added “the

following conditions are fulfilled”

310.610(b)(2) 403.12(g)(2)(ii) Changed “User” to lower-case “industrial

user”

310.610(c) 403.12(g)(3) Changed “Discharge” to lower-case

“discharge”; changed “Industrial User” to

lower-case “industrial user”; changed “40

CFR part 136” to “40 CFR 136”; added

“incorporated . . . 310.107(b)” and

offsetting commas; changed “EPA” to

“USEPA”; changed “For” to lower-case

“for”; changed “&” to “and”; added a

comma after “grease” to offset the

independent clause; changed “EPA

methodologies” to “USEPA-approved

methodologies”

310.610(d) 403.12(g)(4) Removed the unnecessary, redundant

“(4)”; added a comma after “sulfide” to

offset the final element of a series;

changed “shall” to “must” for a restrictive

relative clause”; changed “Industrial

Users” to lower-case “industrial users”;

changed “Applicable Pretreatment

Standards and Requirements” to lower-

case “applicable pretreatment standards

and requirements”

310.611 403.12(h) Did not change “discharges” to

capitalized “Discharges”; changed “Best

Management Practice” to lower-case “best

management practice”; changed “User” to

lower-case “industrial user” (twice)

310.612(a) 403.12(i)(1) Did not change “pretreatment” to

capitalized “Pretreatment”; changed

“Industrial Users” to lower-case

“industrial users” (twice); added “that

are” before “subject to”; changed

“Pretreatment Standards” to lower-case

“pretreatment standards”; changed

“standards that are subject to” to

“standards and which are subject to”;

added “the list must” before “identify”;

changed “Non-Significant Categorical

Industrial Users” to lower-case “non-

significant categorical industrial users”

310.613 403.12(j) Did not change “discharge” to capitalized

“Discharge”

310.631(a)(2) 403.12(l)(1)(ii) Changed “which” to “that” for a

restrictive relative clause; added a comma

before “including” to offset the

parenthetical

310.632 403.12(m) Changed “Pretreatment Program” to loser-

case “pretreatment program”; removed the

unnecessary comma before “and

submitted”

310.634(a) 403.12(o)(1) Changed “Best Management Practices” to

lower-case “best management practices”

310.634(b) 403.12(o)(2) Changed “Best Management Practices” to

lower-case “best management practices”

310.636 heading 403.8(q) Used the subsection heading as the

heading for a separate Section; changed

“certification” to capitalized

“Certification”

310.636 403.8(q) Changed “a facility determined to be” to

“a facility defined as”; changed “Non-

Significant Categorical Industrial User” to

“non-significant categorical industrial

user”; changed “this certification” to “the

following certification”

310.636 certification

preamble

403.8(q) Changed “Pretreatment Standards” to

lower-case “pretreatment standards”;

changed “40 CFR _______” to “Subpart

[Subpart number of the applicable

national pretreatment standard] of 35 Ill.

Adm. Code 307”; changed “_____, _____

to _____, _____ [month, days, year]” to

“[insert beginning month, day, year] to

[insert ending month, day, year]”

310.636 certification,

¶ (a)

403.8(q) Changed _______ [facility name]” to

“[insert facility name]”; changed

“Industrial User” to lower-case “industrial

user”; changed “as described” to as such

is defined” preceded a comma to offset

the parenthetical

310.636 certification,

¶ (b)

403.8(q) Changed “the” to capitalized “The”;

changed “Pretreatment Standards” to

lower-case “pretreatment standards”

310.636 certification,

¶ (c)

403.8(q) Changed “the” to capitalized “The”;

started a new paragraph with “The

compliance certification is based . . .”;

changed “_____” to “[insert the

information]”

310.636 Board note Added the citation to the federal source of

the provision, including a

Federal

Register

citation for later amendments

310.637 heading 403.8(r) Added the heading to render the definition

as a separate Section

310.637 403.12(r) Changed “the Control Authority” to “a

Control Authroity”

310.637 Board note Added the citation to the federal source of

the provision, including a

Federal

Register

citation for later amendments

Table2 :

Board Housekeeping Amendments

Section Source Revision(s)

307.1001(a)(2) Board Added “source” before “categories”

307.1001(b) Board Changed “35 Ill. Adm. Code 310 specifies” “the

provisions of 35 Ill. Adm. Code 310 specify”

307.1005(a) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

307.1005(b) Board Changed “40 CFR 122, Appendix D, Table II or III” to

“tables II or III in appendix D to 40 CFR 122”

307.1006 Board Added the provision imposing the requirements of

307.1101(b)(7) Board Changed “oxygen demanding” to hyphenated “oxygen-

demanding”

307.1101 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition; added “and 403.5”

307.2003(a) Board Changed “40 CFR Part 428” to “40 CFR 428”

307.2003(b) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

307.2003(c)(1) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

307.2003(d)(1) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

307.2400(a) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

307.2400(b)(8)(D)(iii) Board Added the subsection number to the previously

unnumbered paragraph; added “each” before

“incorporated”

307.2410(a) Board Added the incorporation of 40 CFR 414.11 by

reference; removed the edition date from the citation to

“40 CFR 414.11”

307.2410(c)(1) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

307.3001(b) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

307.3001(c)(1) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

307.3001(d)(1) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation and adding a

Federal

Register

citation for later amendments

307.3001(e) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

307.3002(b) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

307.3002(c)(1) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

307.3002(d)(1) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation and adding a

Federal

Register

citation for later amendments

307.3002(e) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

307.3002(f) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

307.3121(b) Board Corrected “40 CFR 421.131” to “40 CFR 421.231”;

updated the citation to the

Code of Federal Regulations

to the most recent edition

307.3121(d)(1) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

307.3404(b) Board Corrected “40 CFR 424.11” to “40 CFR 424.41”;

updated the citation to the

Code of Federal Regulations

to the most recent edition

307.6503(a)(1) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

307.6503(b) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

307.6503(c)(1) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

307.6503(d)(1) Board Corrected “40 CFR 455.46” to “40 CFR 455.47”;

updated the citation to the

Code of Federal Regulations

to the most recent edition

307.6505(a)(1) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

307.6505(b) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

307.6505(c)(1) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

307.6505(d)(1) Board Corrected “40 CFR 455.66” to “40 CFR 455.67”;

updated the citation to the

Code of Federal Regulations

to the most recent edition

307.7401(a) Board Added “incorporated . . . 307.7400(b)” offset by a

comma

307.7401(b) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

307.7401(c)(1) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

307.7401(d)(1) Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

310 table of contents,

310.210 heading

Board Changed “specific limits” to “local limits”

310 table of contents,

310.211 heading

Board Added “status of” before “local limits”

310 table of contents,

310.221 heading

Board Added “source” before “category”

310 table of contents,

310.232 heading

Board Added “prohibited as a substitute for treatment” after

“dilution”

310 table of contents,

310.801 heading

Board Removed “by USEPA”

310.107(a) “the

consent decree in

NRDC v. Costle”

Board Removed the subsection number from the reference;

added “referenced in Section 310.320” offset by a

comma

310.107(a) “Standard

Industrial

Classification Manual”

Board Removed the subsection number from the reference;

added “referenced in . . . Section 310.602” offset by a

comma

310.107(b) “40 CFR

2.302”

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition; added the section title

“Special Rules . . . Under the Clean Water Act” in

parentheses; added “referenced in Section 310.105”

offset by a comma

310.107(b) “40 CFR

25”

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition; added the section title

“Public Participation in Programs Under the . . . Clean

Water Act” in parentheses; added “referenced in

Section 310.510” offset by a comma

310.107(b) “40 CFR

122”

Board Changed “40 CFR 122, Appendix D, Tables II and III”

to “Tables II . . . and III . . . in appendix D to 40 CFR

122”; updated the citation to the Code of Federal

Regulations to the most recent edition; added the table

title “Organic Toxic Pollutants . . . by Gas

Chromatography/Mass Spectroscopy (GS/MS)” in

parentheses; added the table title “Other Toxic

Pollutants . . . and Total Phenols” in parentheses; added

the appendix title “NPDES Permit Application Testing

Requirements” in parentheses; added “referenced in 35

Ill. Adm. Code 307.1005” offset by a comma

310.107(b) “40 CFR

128.140(b)”

Board Removed the unnecessary incorporation by reference

310.107(b) “40 CFR

136”

Board Updated the citation to the Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation and adding a

Federal

Register

citation for later amendments; added the part

title “Guidelines Establishing Test Procedures for the

Analysis of Pollutants” in parentheses; added

“referenced in . . . 310.611” offset by a comma

310.107(b) “40 CFR

403”

Board Updated the citation to the Code of Federal Regulations

to the most recent edition, including a Federal Register

citation for later amendments; added the part title

“Guidelines Establishing Test Procedures for the

Analysis of Pollutants” in parentheses; added

“referenced in . . . 310.611” offset by a comma

310.107(b) “40 CFR

403.12”

Board Added the incorporation of the specific section,

including the title “Reporting Requirements for POTWs

and Industrial Users” in parentheses and “referenced in

. . . 310.602” offset by a comma

310.107(b) “Appendix

D to 40 CFR 403”

Board Changed “40 CFR 403, Appendix D” to “Appendix D

to 40 CFR 403”; updated the citation to the Code of

Federal Regulations to the most recent edition; added

the appendix title “Selected Industrial Subcategories

. . . Combined Wastestream Formula” in parentheses;

added “referenced in . . . 310.233” offset by a comma

310.107(b) “Appendix

G to 40 CFR 403”

Board Added the incorporation of the specific provision,

including the title “Pollutants Eligible for a Removal

Credit” in parentheses and “referenced in . . . 310.303”

offset by a comma

310.107(b) “40 CFR

503”

Board Added the incorporation of the specific provision,

including the title “Standards for the Use or Disposal of

Sewage Sludge” in parentheses and “referenced in . . .

310.303” offset by a comma

310.107(c) “Section

1001 of federal Crimes

and Criminal

Procedure”

Board Removed the subsection number from the reference;

updated the citation to the

United State Code

provision

to the most recent edition; added “referenced in . . .

Section 310.633” offset by a comma

310.107(c) “The

federal Clean Water

Act”

Board Removed the subsection number from the reference;

added the abbreviation “CWA” in parentheses; updated

the citation to the

United State Code

provision to the

most recent edition, including removal of the obsolete

“as amended through November 7, 2000”; added

“referenced in . . . Section 310.633” offset by a comma

310.107(c) “Added

section 204(b) of the

federal Clean Water

Act”

Board Added the incorporation of the specific

United State

Code

provision, including the citation “33 USC

1284(b)” in parentheses and “referenced in . . . Section

310.510” offset by a comma

310.107(c) “Added

section 212(2) of the

federal Clean Water

Act”

Board Added the incorporation of the specific

United State

Code

provision, including the citation “33 USC

1292(2)” in parentheses and “referenced in . . . Section

310.110” offset by a comma

310.107(c) “Added

section 308 of the

federal Clean Water

Act”

Board Added the incorporation of the specific

United State

Code

provision, including the citation “33 USC 1318”

in parentheses and “referenced in . . . Section 310.510”

offset by a comma

310.107(c) “Added

section 309(c)(4) of

the federal Clean

Water Act”

Board Added the incorporation of the specific

United State

Code

provision, including the citation “33 USC

1319(c)(4)” in parentheses and “referenced in . . .

Section 310.633” offset by a comma

310.107(c) “Added

section 309(c)(6) of

the federal Clean

Water Act”

Board Added the incorporation of the specific

United State

Code

provision, including the citation “33 USC

1319(c)(6)” in parentheses and “referenced in . . .

Section 310.633” offset by a comma

310.107(c) “Added

section 405 of the

federal Clean Water

Act”

Board Added the incorporation of the specific

United State

Code

provision, including the citation “33 USC 1345”

in parentheses and “referenced in . . . Section 310.510”

offset by a comma

310.107(c) “subtitles

C and D of the federal

Resource

Conservation and

Recovery Act”

Board Updated the citation to the

United State Code

provision

to the most recent edition; changed “42 USC 6901 et

seq.” to the more specific “42 USC 6921-6939e and

6941-6949a”; added “referenced in . . . Section

310.510” offset by a comma

310.110 “approval

authority” Board note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

310.110 “approved

POTW pretreatment

program”

Board Changed “Pretreatment Program” to lower-case

“pretreatment program” (twice)

310.110 “approved

POTW pretreatment

program” Board note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

310.110 “blowdown”

Board note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

310.110 “CWA”

Board note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

310.110 “indirect

discharge”

Board Changed “Discharge” to lower-case “discharge”

310.110 “indirect

discharge” Board note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.110 “industrial

user”

Board Changed “User” to lower-case “user”

310.110 “industrial

user” Board note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.110 “interference”

Board note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.110 “new source”

Board note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.110 “noncontact

cooling water” Board

note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

310.110 “noncontact

cooling water

pollutants” Board note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

310.110 “NPDES

permit”

Board Changed “Permit” to lower-case “permit”

310.110 “NPDES

permit” Board note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.110 “pass

through” Board note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.110 “person”

Board note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

310.110 “pollutant”

Board note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.110 “pollution”

Board note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.110 “POTW

treatment plant”

Board Changed “Treatment Plant” to lower-case “treatment

plant”

310.110 “POTW

treatment plant” Board

note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.110

“pretreatment” Board

note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.110 “pretreatment

requirements” Board

note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.110 “pretreatment

standard” Board note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.110 “process

water” Board note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

310.110 “process

water pollutants”

Board note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

310.110 “publicly

owned treatment

works” Board note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.110 “schedule of

compliance” Board

note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

310.110 “significant

industrial user” Board

note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.110 “sludge

requirements” Board

note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.110 “submission”

Board note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.110 “treatment

works”

Board Removed the unnecessary date from the citation to the

Code of Federal Regulations

; added “incorporated . . .

310.107(c)” offset by a comma

310.110 “treatment

works” Board note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.110 “unit of local

government” Board

note

Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

310.111(a) Board Changed “Source” to lower-case “source”; changed

“that category or sub-category” to “the particular

source category or sub-category”

310.111(b) Board Added commas before and after “rather than a new

source” to offset it as a parenthetical; changed

“meeting” to “that meets”; added “which” before

“otherwise alters”

310.111(c) Board Changed “one of the following” to “either of the

following”

310.111(c)(1) Board Added “it has”; changed “one of the following” to

“either of the following”

310.111(c)(2) Board Added “it has”; changed “options . . . contracts . . . do”

to singular “an option . . . a contract . . . does”

310.111(d) Board Changed “new sources” to singular “a new source”

(twice); added “pretreatment” before “standards”

310.111 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.202 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.210 heading Board Changed “specific limits” to “local limits”

310.210(a) Board Changed “specific limits” to “local limits”; added

“local” before “limits”

310.210(b) Board Changed “specific limits” to “local limits”

310.210(c) Board Changed “specific discharge limits” to “local limits”

310.210(e) Board Renumbered the subsection to accommodate the

addition of new federally derived subsection (d)

310.210 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments; added the statement “the

Board added subsection (e) . . . local limits”

310.211 heading Board Added “status of” before “local limits”

310.211 Board Replaced the parenthetical “in accordance with Section

310.210” with “local limits in the form of”; removed

the unnecessary conjunction “or” from before

“pollutant parameters”; added “local” before “limits”;

changed “must be deemed” to “are to be considered”

310.211 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

310.220 Board Changed “existing . . . users in . . . subcategories” to

singular “an existing . . . user in . . . source category or

subcategory”

310.220 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

310.221 heading Board Added “source” before “category”

310.221(a)(1) Board Added “source category or” before “subcategory”

(twice)

310.221(a)(1)(A) Board Added “source” before “category”

310.221(a)(1)(B) Board Added “source” before “category”; added “source

category or” before “subcategory”

310.221(b)(1) Board Added “source category or” before “subcategory”

310.221(b)(2) Board Added “source category or” before “subcategory”

310.221(b)(2)

certification statement

Board Added a comma after “accurate” to separate the final

element of a series

310.221(d)(1) Board Added “source category or” before “subcategory”

310.221 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

310.222 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.230(g) Board Changed “Industrial” to lower-case “industrial”

310.230 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.232 heading Board Added “prohibited as a substitute for treatment” after

“dilution”

310.232 Board Removed the redundant statement “a POTW may allow

dilution . . . under Section 310.210” that does not exist

in the corresponding federal text

310.232 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.233 preamble Board Changed “which the Control Authority must apply to

the discharge” to “or the industrial user . . . the control

authority” to agree more closely with the corresponding

federal text

310.233(e) Board Changed “40 CFR 403, Appendix D” to “appendix D to

40 CFR 403”

310.233 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.301 “consistent

removal” Board note

Board Updated the citation to the Code of Federal Regulations

to the most recent edition; removed the unnecessary

statement “as modified to reflect NRDC v.. USEPA,

790 F.2d 289 (3d Cir. 1986)”

310.301 “overflow”

Board note

Board Removed “CONSISTENT”; updated the citation to the

Code of Federal Regulations to the most recent edition;

removed the unnecessary statement “as modified to

reflect NRDC v.. USEPA, 790 F.2d 289 (3d Cir. 1986)”

310.301 “removal”

Board note

Board Updated the citation to the Code of Federal Regulations

to the most recent edition

310.301 “sludge

requirements” Board

note

Board Updated the citation to the Code of Federal Regulations

to the most recent edition

310.303(d) Board Added previously omitted federal statement “removal

credits may be made available for any of the following

pollutants”

310.303(d)(1) Board Added previously omitted federal text

310.303(d)(2) Board Added previously omitted federal text

310.303(d)(3) Board Added previously omitted federal text

310.303 Board note Board Updated the citation to the Code of Federal Regulations

to the most recent edition

310.320 preamble Board Changed “must not apply” to “will not apply”

310.320(b)(1)

equations and variable

definitions

Board Changed “m” to “rm” to agree with the appearance in

the corresponding federal text; changed “r” to “rc” to

agree with the appearance in the corresponding federal

text; changed “z” to “Z” to agree with the appearance in

the corresponding federal text

310.320 Board note Board Updated the citation to the Code of Federal Regulations

to the most recent edition; removed the unnecessary

statement “as modified to reflect NRDC v.. USEPA,

790 F.2d 289 (3d Cir. 1986)”

310.510 Board Removed “development and implementation by

POTW” and the connection colon to agree with the

appearance in the table of contents

310.510(a)(5) Board Added “incorporated . . . Section 310.107(c)” offset by

a comma

310.510(b)(3) Board Added “each” before “incorporated”

310.510(f) Board Changed “Agency” to “Approval Authority” (twice);

changed “modifications” to singular “any modification”

310.510 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.602 preamble Board Added the date “1977” in parentheses to the

Code of

Federal Regulations

citation; removed the unnecessary

“incorporated . . . Section 310.107” and the offsetting

comma

310.602(e)(5) Board Removed subsection (e)(5)(A) and moved the text of

subsection (e)(5)(B) into subsection (e)(5); added

“incorporated . . . 310.107(c)”

310.602 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.605 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.610(a) Board Corrected “Section 310.602(e), . . . and 310.611” to

singular “Sections 310.602(e), . . . and 310.611”

310.610 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.611 Board Removed the unnecessary comma after “report”;

changed “noncategorical” to hyphenated “non-

categorical”

310.611 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.612 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.613 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.621 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.631(a) Board Added “one of the following”

310.631(a)(2) Board Added a comma after “production” to offset the final

element of a series

310.631 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.632 Board Corrected “Section 310.621” to “Section 310.612”

310.632 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.633 Board Added “incorporated . . . 310.107(c)” (twice)

310.633 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

310.634 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.634 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.705(a) Board Added “incorporated . . . 310.107(c)” offset by commas

310.705 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition

310.711(b)(1) Board Removed the unnecessary date “2003” in parentheses

from the citation to “40 CFR 403.13”

310.711 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

310.801 heading Board Removed “by USEPA”

310.801 Board Changed “USEPA” to “the Control Authority”;

removed the unnecessary date “2003” in parentheses

from the citation to “40 CFR 403.15”; added

“incorporated . . . 310.107(b)” offset by a comma

310.801 Board note Board Added the citation to the federal source of the

provision, including a

Federal Register

citation for later

amendments

310.912(b)(2) Board Removed the redundant conjunction “and”

310.912 Board note Board Updated the citation to the

Code of Federal Regulations

to the most recent edition, including a

Federal Register

citation for later amendments

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. 6921, effective

April 26, 2005; amended in R06-15 at 30 Ill. Reg. ________, effective

______________________.

SUBPART A: GENERAL PROVISIONS

Section 307.1001 Preamble

a) This Part places certain restrictions on the types, concentrations, and quantities of

contaminants that can be discharged into sewer systems in the State.

1) Subpart B of this Part includes standards for the discharge of contaminants

to sewer systems. These apply to dischargers to publicly owned treatment

works (POTWs) and to dischargers to other types of treatment works, as

specified in each Section.

2) Subparts F through CT of this Part include standards for the discharge of

contaminants from certain industrial source categories into POTWs.

b) The provisions of 35 Ill. Adm. Code 310 specifies specify requirements for

pretreatment programs for POTWs.

c) This Part incorporates federal regulations by reference.

1) Such incorporations include no later amendments or editions.

2) Except where the contrary is clearly indicated, the Board intends to set

forth all procedural requirements in full in this Part and 35 Ill. Adm. Code

310, and to utilize only the definitions, requirements, or standards from

the incorporated material.

3) Except where the contrary is clearly indicated, references to other federal

regulations within incorporated material are to be construed as referencing

Board regulations derived from the referenced material, rather than the

other federal regulation.

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 307.1005 Toxic Pollutants

a) The Board incorporates by reference 40 CFR 401.15 (1986) (2005). This

incorporation includes no later amendments or editions.

b) A “toxic pollutant” is one of the materials listed in 40 CFR 401.15 or in tables II

or III in appendix D to 40 CFR 122, Appendix D, Table II or III, incorporated by

reference in 35 Ill. Adm. Code 310.107.

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 307.1006 Electronic Reporting

The filing of any document pursuant to any provision of this Part as an electronic document is

subject to 35 Ill. Adm. Code 310.106.

BOARD NOTE: Derived from 40 CFR 3, as added, and 40 CFR 403.8(g) (2005), as amended at

70 Fed. Reg. 59848 (Oct. 13, 2005).

(Source: Added at 30 Ill. Reg. ________, effective ______________________)

SUBPART B: GENERAL AND SPECIFIC PRETREATMENT

REQUIREMENTS

Section 307.1101 General and Specific Requirements

No person may introduce the following types of pollutants into a POTW:

a) General requirements.

1) Pollutants that pass through the POTW; or

2) Pollutants that interfere with the operation or performance of the POTW.

b) Specific requirements.

1) Pollutants that create a fire or explosion hazard within the POTW,

including, but not limited to, waste streams with a closed cup flashpoint of

less than 60° C (140° F) using the test methods specified in 35 Ill. Adm.

Code 721.121;

2) Pollutants that would cause safety hazards to the personnel operating the

treatment works;

3) Pollutants that will cause corrosive damage to the POTW;

4) Pollutants that would be injurious in any other way to sewers, treatment

works, or structures;

5) Discharges with a pH less than 5.0, unless the POTW is specifically

designed to accommodate such discharges;

6) Solid or viscous pollutants in amounts that will cause obstruction to the

flow in the POTW resulting in interference;

7) Any pollutant, including oxygen demanding oxygen-demanding

pollutants, at a flow rate or concentration that will cause interference with

the POTW;

8) Heat in amounts that will inhibit biological activity in the POTW and

interfere with the POTW;

9) Heat in amounts that result in temperatures in the influent to the POTW

treatment plant in excess of 40° C (104° F) unless the Agency approves

alternate temperature limits in pretreatment plan;

10) Pollutants that would cause the effluent from the treatment works to

violate applicable effluent standards;

11) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil

origin in amounts that will cause interference or pass through;

12) Pollutants that result in the presence of toxic gases, vapors, or fumes

within the POTW in a quantity that may cause acute worker health and

safety problems; or

13) Any trucked or hauled pollutants, except at discharge points designated by

the POTW.

BOARD NOTE: Derived from 40 CFR 403.3 (2003) and 403.5 (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

SUBPART K: TEXTILE MILLS

Section 307.2003 Low Water Use Processing

a) Applicability. This Section applies to discharges resulting from the following

types of textile mills: yarn manufacture, yarn texturizing, unfinished fabric

manufacture, fabric coating, fabric laminating, tire cord and fabric dipping, and

carpet tufting and carpet backing. Rubberized or rubber coated fabrics regulated

by 40 CFR Part 428 are specifically excluded.

b) Specialized definitions. The Board incorporates by reference 40 CFR 410.31

(2003) (2005). This incorporation includes no later amendments or editions.

c) Existing sources.

1) The Board incorporates by reference 40 CFR 410.34 (2003) (2005). 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 410.36 (2003) (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.

3) “New source” means any building, structure, facility, or installation the

construction of which commenced after October 10, 1979.

(Source: Amended at 28 Ill. Reg. 3076, effective February 6, 2004)

SUBPART O: ORGANIC CHEMICALS, PLASTICS, AND SYNTHETIC

FIBERS

Section 307.2400 General Provisions

a) General definitions. The Board incorporates by reference 40 CFR 414.10 (2003)

(2005). This incorporation includes no later amendments or editions.

b) Applicability.

1) This Subpart O applies to process wastewater discharges from all

establishments or portions of establishments that manufacture the organic

chemicals, plastics, and synthetic fibers (OCPSF) products or product

groups that are covered by Sections 307.2402 through 307.2408 and

which are included in the following SIC major groups, as defined in the

Standard Industrial Classification Manual, incorporated by reference in 35

Ill. Adm. Code 310.107:

A) SIC 2821: Plastic materials, synthetic resins, and nonvulcanizable

elastomers.

B) SIC 2823: Cellulosic man-made fibers.

C) SIC 2824: Synthetic organic fibers, except cellulosic.

D) SIC 2865: Cyclic crudes and intermediates, dyes, and organic

pigments.

E) SIC 2869: Industrial organic chemicals, not elsewhere classified.

2) This Subpart O applies to wastewater discharges from OCPSF research

and development, pilot plant, technical service, and laboratory bench-scale

operations if such operations are conducted in conjunction with and

related to existing OCPSF manufacturing activities at the plant site.

3) Notwithstanding subsection (b)(1) of this Section, this Subpart O does not

apply to discharges resulting from the manufacture of OCPSF products if

the products are included in the following SIC subgroups, as defined in

the Standard Industrial Classification Manual, incorporated by reference

in 35 Ill. Adm. Code 310.107, and if the products have in the past been

reported by the establishment under these subgroups and not under the

SIC groups listed in subsection (b)(1) of this Section:

A) SIC 2843085: Bulk surface active agents.

B) SIC 28914: Synthetic resin and rubber adhesives.

C) Chemicals and chemical preparations not elsewhere classified:

i) SIC 2899568: Sizes, all types.

ii) SIC 2899597: Other industrial chemical specialities,

including fluxes, plastic wood preparations, and embalming

fluids.

D) SIC 2911058: Aromatic hydrocarbons manufactured from

purchased refinery products.

E) SIC 2911632: Aliphatic hydrocarbons manufactured from

purchased refinery products.

4) Notwithstanding subsection (b)(1) of this Section, this Subpart O does not

apply to any discharges for which a different set of previously

promulgated standards in this Part apply, unless the facility reports

OCPSF products under SIC codes 2865, 2869, or 2821, as defined in the

Standard Industrial Classification Manual, incorporated by reference in 35

Ill. Adm. Code 310.107, and the facility's OCPSF wastewaters are

discharged separately to a POTW.

5) This Subpart O does not apply to any process wastewater discharge from

the manufacture of organic chemical compounds solely by extraction from

plant and animal raw materials or by fermentation processes.

6) Discharges of chromium, copper, lead, nickel, and zinc in “complexed

metal-bearing waste streams,” listed in Section 307.2491, are not subject

to this Subpart O.

7) Non-amenable cyanide.

A) Discharges of cyanide in “cyanide-bearing waste streams,” listed

in Section 307.2490, are not subject to the cyanide limitations of

this Subpart O if both of the following occur:

i) The Control Authority determines that the cyanide

limitations are not achievable due to elevated levels of non-

amenable cyanide (i.e., cyanide that is not oxidized by

chlorine treatment) that result from the unavoidable

complexing of cyanide at the process source of the cyanide-

bearing waste stream, and

ii) The control authority establishes an alternative total

cyanide or amenable cyanide limitation that reflects the

best available technology economically achievable.

B) The control authority must base its determination made pursuant to

subsection (b)(7)(A) of this Section on a review of the relevant

engineering, production, and sampling and analytical information

at its disposal, including measurements of both total and amenable

cyanide in the waste stream.

C) The control authority must set forth its determination made

pursuant to subsection (b)(7)(A) of this Section in a written

analysis of the extent of complexing in the waste stream and its

impact on cyanide treatability, based on the information at its

disposal.

D) Alternative cyanide discharge limitation determinations made

pursuant to this subsection (b)(7) are subject to the limitations of

Section 307.1103. Provided, however, Section 307.1103 may not

be used to allow a discharge of total cyanide in excess of that

otherwise allowed by this subsection (b)(7).

8) Allowances for non-metal-bearing waste streams.

A) The control authority must establish discharge limitations for lead

and zinc for waste streams not listed in Section 307.2490 and not

otherwise determined to be “metal-bearing waste streams” if it

determines that the wastewater metals contamination is due to

background levels that are not reasonably avoidable, from such

sources as intake water, corrosion of materials of construction, or

contamination of raw materials.

B) The control authority must base its determination made pursuant to

subsection (b)(8)(A) of this Section on a review of relevant plant

operating conditions, process chemistry, engineering, and sampling

and analytical information.

C) The control authority must set forth its determination made

pursuant to subsection (b)(8)(A) of this Section in a written

analysis of the sources and levels of the metals, based on the

information at its disposal.

D) The control authority may establish limitations for lead and zinc

for non-metal-bearing waste streams for the purposes of subsection

(b)(8)(A) of this Section between the following levels:

i) The lowest level that the control authority determines,

based on best professional judgment, can be reliably

measured; and

ii) The concentration of such metals present in the waste

streams, but not to exceed the applicable limitations

contained in Sections 307.2401 through 307.2407.

iii)

For zinc, the applicable limitations that the discharge must

not exceed are those appearing in the tables in Sections

307.2401 through 307.2407, not the alternative limitations

for rayon fiber manufacture by the viscose process, as set

forth in footnote 2 to the table in 40 CFR 414.25,

incorporated by reference at Section 307.2401(c)(1), or the

alternative limitations for acrylic fiber manufacture by the

zinc chloride/solvent process, as set forth in footnote 2 to

the table in 40 CFR 414.35, each incorporated by reference

at Section 307.2402(c)(1).

E) The limitations for individual dischargers must be set on a mass

basis, by multiplying the concentration allowance established by

the control authority times the process wastewater flow from the

individual waste streams in which incidental metals are present.

c) Compliance date. All dischargers subject to a pretreatment standard for existing

sources in this Subpart O must have complied with the standard by no later than

November 5, 1990.

(Source: Amended at 28 Ill. Reg. 3076, effective February 6, 2004)

Section 307.2410 Indirect Discharge Point Sources

a) Applicability. The Board hereby incorporates 40 CFR 414.11 (2005). This

incorporation includes no later amendments or editions. This Section applies to

discharge of process wastewater resulting from the manufacture of the OCPSF

products and product groups defined by 40 CFR 414.11 (2003) from any indirect

discharge point source.

b) Specialized definitions. None.

c) Existing sources.

1) The Board incorporates by reference 40 CFR 414.111 (2003) (2005). 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. All sources are treated as existing sources.

(Source: Amended at 28 Ill. Reg. 3076, effective February 6, 2004)

SUBPART U: IRON AND STEEL MANUFACTURING

Section 307.3001 Cokemaking

a) Applicability. This Section applies to discharges resulting from byproduct and

other cokemaking operations.

b) Specialized definitions. The Board incorporates by reference 40 CFR 420.11

(2002), as amended at 67 Fed. Reg. 64216 (October 17, 2002) (2005). This

incorporation includes no later amendments or editions.

c) Existing sources.

1) The Board incorporates by reference 40 CFR 420.15 (2002), as amended

at 67 Fed. Reg. 64216 (October 17, 2002) (2005). 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 420.16 (2002) (2005), as

amended at 67 70 Fed. Reg. 64216 (October 17, 2002) 73623 (December

13, 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.

3) “New source” means any building, structure, facility, or installation the

construction of which commenced after January 7, 1981.

e) Compliance date. The Board incorporates by reference 40 CFR 420.18, as added

at 67 Fed. Reg. 64216 (October 17, 2002) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 307.3002 Sintering

a) Applicability. This Section applies to discharges resulting from sintering

operations conducted by the heating of iron bearing wastes (mill scale and dust

from blast furnaces and steelmaking furnaces) together with fine iron ore,

limestone, and coke fines in an ignition furnace to produce an agglomerate for

charging to the blast furnace.

b) Specialized definitions. The Board incorporates by reference 40 CFR 420.21, as

added at 67 Fed. Reg. 64216 (October 17, 2002) (2005).

c) Existing sources.

1) The Board incorporates by reference 40 CFR 420.25 (2002), as amended

at 67 Fed. Reg. 64216 (October 17, 2002) (2005). 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 420.26 (2002) (2005), as

amended at 67 70 Fed. Reg. 64216 (October 17, 2002) 73623 (December

13, 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.

3) “New source” means any building, structure, facility, or installation the

construction of which commenced after January 7, 1981.

e) Compliance date. The Board incorporates by reference 40 CFR 420.28, as added

at 67 Fed. Reg. 64216 (October 17, 2002) (2005).

f) Point of compliance monitoring. The Board incorporates by reference 40 CFR

420.29(b), as added at 67 Fed. Reg. 64216 (October 17, 2002) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

SUBPART V: NONFERROUS METALS MANUFACTURING

Section 307.3121 Primary Nickel and Cobalt

a) Applicability. This Section applies to discharges resulting from the production of

nickel or cobalt by primary nickel or cobalt facilities processing ore concentrate

raw materials.

b) Specialized definitions. The Board incorporates by reference 40 CFR 421.131

(2003) 421.231 (2005). This incorporation includes no later amendments or

editions.

c) Existing sources. These sources must comply with the general and specific

pretreatment requirements of Subpart B of this Part.

d) New sources.

1) The Board incorporates by reference 40 CFR 421.236 (2003) (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.

3) “New source” means any building, structure, facility, or installation the

construction of which commenced after June 27, 1984.

(Source: Amended at 28 Ill. Reg. 3076, effective February 6, 2004)

SUBPART Y: FERROALLOY MANUFACTURING

Section 307.3404 Covered Calcium Carbide Furnaces With Wet Air Pollution Control

Devices

a) Applicability. This Section applies to discharges resulting from the production of

calcium carbide in covered electric furnaces that use wet air pollution control

devices. This subcategory includes those electric furnaces of such construction or

configuration (known as covered, closed, sealed, semi-covered, or semi-closed

furnaces) that the furnace off-gases are not burned prior to collection and

cleaning, and which off-gases are cleaned after collection in a wet air pollution

control device such as a scrubber, “wet” baghouse, etc. This subcategory does

not include noncontact cooling water or those furnaces that utilize dry dust

collection techniques, such as dry baghouses.

b) Specialized definitions. The Board incorporates by reference 40 CFR 424.11

(2003) 424.41 (2005). This incorporation includes no later amendments or

editions.

c) Existing sources. These sources must comply with the general and specific

pretreatment requirements of Subpart B of this Part.

d) New sources. All sources are regulated as existing sources.

(Source: Amended at 28 Ill. Reg. 3076, effective February 6, 2004)

SUBPART CD: PESTICIDE CHEMICALS

Section 307.6503 Pesticide Chemicals Formulating and Packaging

a) Applicability.

1) The Board incorporates by reference 40 CFR 455.40 (2003) (2005). This

incorporation includes no later amendments or additions.

2) This Section applies to discharges resulting from all pesticide formulating

and packaging operations, as defined in the materials incorporated in

subsection (a)(1) of this Section.

b) Specialized definitions. The Board incorporates by reference 40 CFR 455.41

(2003) (2005). This incorporation includes no later amendments or additions.

c) Existing sources.

1) The Board incorporates by reference 40 CFR 455.46 (2003) (2005). This

incorporation includes no later amendments or additions.

2) No person subject to the pretreatment standards incorporated by reference

in section 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 455.46 (2003) 455.47

(2005). This incorporation includes no later amendments or additions.

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 April 14, 1994.

(Source: Amended at 28 Ill. Reg. 3076, effective February 6, 2004)

Section 307.6505 Repackaging of Agricultural Pesticides Performed at Refilling

Establishments

a) Applicability.

1) The Board incorporates by reference 40 CFR 455.60 (2003) (2005). This

incorporation includes no later amendments or additions.

2) This Section applies to discharges resulting from all pesticide formulating

and packaging operations, as defined in the materials incorporated in

subsection (a)(1) of this Section.

b) Specialized definitions. The Board incorporates by reference 40 CFR 455.61

(2003) (2005). This incorporation includes no later amendments or additions.

c) Existing sources.

1) The Board incorporates by reference 40 CFR 455.66 (2003) (2005). This

incorporation includes no later amendments or additions.

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 455.66 (2003) 455.67

(2005). This incorporation includes no later amendments or additions.

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 April 14, 1994.

(Source: Amended at 28 Ill. Reg. 3076, effective February 6, 2004)

SUBPART CM: METAL MOLDING AND CASTING

Section 307.7401 Aluminum Casting

a) Applicability. This Section applies to discharges resulting from aluminum

casting operations, as defined in 40 CFR 464.02, incorporated by reference in

Section 307.7400(b).

b) Specialized definitions. The Board incorporates by reference 40 CFR 464.11

(2003) (2005). This incorporation includes no later amendments or editions.

c) Existing sources.

1) The Board incorporates by reference 40 CFR 464.15 (2003) (2005). 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 464.16 (2003) (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.

3) “New source” means any building, structure, facility, or installation the

construction of which commenced after November 15, 1982.

(Source: Amended at 28 Ill. Reg. 3076, effective February 6, 2004)

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

310.106 Electronic Reporting

310.107 Incorporations by Reference

310.110 Definitions

310.111 New Source

310.112 Significant Industrial User

SUBPART B: PRETREATMENT STANDARDS

Section

310.201 General Prohibitions

310.202 Specific Prohibitions

310.210 Specific

Local Limits Developed by POTW

310.211 Status of

Local Limits

310.220 Categorical Standards

310.221 Source

Category Determination Request

310.222 Deadline for Compliance with Categorical Standards

310.230 Concentration and Mass Limits

310.232 Dilution Prohibited as A Substitute for Treatment

310.233 Combined Waste Stream 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

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

310.511 Receiving Electronic Documents

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 POTWs

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

310.636 Annual Certification by Non-Significant Categorical Users

310.637 Receiving Electronic Documents

SUBPART G: FUNDAMENTALLY DIFFERENT FACTORS

Section

310.701 Definition of Requester

310.702 Purpose and Scope

310.703 Criteria

310.704 Fundamentally Different Factors

310.705 Factors that 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 Definitions

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 Substantial 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

SUBPART L: FEDERAL PROJECT XL AGREEMENTS

Section

310.930 Federally Approved Pretreatment Program Reinvention Pilot Projects Under

Project XL

AUTHORITY: Implementing and authorized by Sections 7.2, 13, 13.3, and 27 of the

Environmental Protection Act [415 ILCS 5/7.2, 13, 13.3, and 27].

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. 11465, effective June 22, 1998; amended in R99-17 at 23 Ill. Reg. 8412, effective July

12, 1999; amended in R00-7 at 24 Ill. Reg. 2372, effective January 26, 2000; amended in R00-15

at 24 Ill. Reg. 11633, effective July 24, 2000; amended in R01-5 at 25 Ill. Reg. 1322, effective

January 11, 2001; amended in R01-25 at 25 Ill. Reg. 10860, effective August 14, 2001; amended

in R02-3 at 26 Ill. Reg. 4008, effective February 28, 2002; amended in R02-9 at 26 Ill. Reg.

4653, effective March 18, 2002; amended in R03-13 at 27 Ill. Reg. 15137, effective September

10, 2003; amended in R04-1 at 28 Ill. Reg. 3390, effective February 6, 2004 amended in R04-18

at 28 Ill. Reg. 10684, effective July 13, 2004; amended in R06-16 at 30 Ill. Reg. ________,

effective ______________________.

SUBPART A: GENERAL PROVISIONS

Section 310.106 Electronic Reporting

The filing of any document pursuant to any provision of this Part as an electronic document is

subject to this Section.

a) Scope and Applicability.

1) The USEPA, the Board, the Agency, or the Control Authority may allow

for the filing of electronic documents. This Section does not require

submission of electronic documents in lieu of paper documents. This

Section sets forth the requirements for the optional electronic filing of any

report or document that must be submitted to the appropriate of the

following:

A) To USEPA directly under Title 40 of the Code of Federal

Regulations; or

B) To the Board, the Agency, or the Control Authority pursuant to

any provision of 35 Ill. Adm. Code 702 through 705, 720 through

728, 730, 733, 738, or 739.

2) Electronic document filing under this Section can begin only after USEPA

has first done as follows:

A) As to filing with USEPA, USEPA has published a notice in the

Federal Register announcing that USEPA is prepared to receive

documents required or permitted by the identified part or subpart

of Title 40 of the Code of Federal Regulations in an electronic

format; or

B) As to filing with the State or the Control Authority, USEPA has

granted approval of any electronic document receiving system

established by the Board, the Agency, or the Control Authority that

meets the requirements of 40 CFR 3.2000, incorporated by

reference in Section 611.102(c).

3) This Section does not apply to any of the following documents, whether or

not the document is a document submitted to satisfy the requirements cited

in subsection (a)(1) of this Section:

A) Any document submitted via fascimile;

B) Any document submitted via magnetic or optical media, such as

diskette, compact disc, digital video disc, or tape; or

C) Any data transfer between USEPA, any state, or any local

government and any of the Board the Agency, or the Control

Authority as part of administrative arrangements between the

parties to the transfer to share data.

4) Upon USEPA conferring approval for the filing of any types of documents

as electronic documents, as described in subsection (a)(2)(B) of this

Section, the Agency or the Board, as appropriate, must publish a Notice of

Public Information in the Illinois Register that describes the documents

approved for submission as electronic documents, the electronic document

receiving system approved to receive them, the acceptable formats and

procedures for their submission, and the date on which the Board or the

Agency will begin to receive those submissions. In the event of cessation

of USEPA approval or receiving any type of document as an electronic

document, the Board or the Agency must similarly cause publication of a

Notice of Public Information in the Illinois Register. A Control Authority

must publish the notices required of the Board or the Agency by any

means calculated to inform its industrial users.

BOARD NOTE: Subsection (a) of this Section is derived from 40 CFR 3.1, as

added at 70 Fed. Reg. 59848 (Oct. 13, 2005).

b) Definitions. For the purposes of this Section, terms will have the meaning

attributed them in 40 CFR 3.3, incorporated by reference in 35 Ill. Adm. Code

611.102(c).

c) Procedures for submission of electronic documents to USEPA. Except as

provided in subsection (a)(3) of this Section, any person who is required under

Title 40 of the Code of Federal Regulations to create and submit or otherwise

provide a document to USEPA may satisfy this requirement with an electronic

document, in lieu of a paper document, provided the following conditions are

met:

1) The person satisfies the requirements of 40 CFR 3.10, incorporated by

reference in Section 611.102(c); and

2) USEPA has first published a notice in the Federal Register as described in

subsection (a)(2) of this Section.

BOARD NOTE: Subsection (c) of this Section is derived from 40 CFR 3.2(a)

and subpart B of 40 CFR 3, as added at 70 Fed. Reg. 59848 (Oct. 13, 2005).

d) Procedures for submission of electronic documents to the Board, the Agency, or

the Control Authority.

1) The Board, the Agency, or the Control Authority may, but is not required

to, establish procedures for the electronic submission of documents that

meet the requirements of 40 CFR 3.2 and 3.2000, incorporated by

reference in Section 611.102(c). The Board or the Agency must establish

any such procedures under the Administrative Procedure Act [5 ILCS

100/5]. The Control Authority must establish such procedures pursuant to

applicable State and local laws.

2) The Board, the Agency, or the Control Authority may not accept

electronic documents under this Section until after USEPA has approved

the procedures in writing, and the Board, the Agency, or the Control

Authority has published a notice of such approval in the Illinois Register.

Nothing in this subsection (d) limits the authority of the Board, the

Agency, or the Control Authority under the Illinois Environmental

Protection Act [415 ILCS 5] to accept documents filed electronically.

BOARD NOTE: Subsection (d) of this Section is derived from 40 CFR 3.2(b)

and subpart D of 40 CFR 3, as added at 70 Fed. Reg. 59848 (Oct. 13, 2005).

e) Effects of submission of an electronic document.

1) If a person who submits a document as an electronic document fails to

comply with the requirements this Section, that person is subject to the

penalties prescribed for failure to comply with the requirement that the

electronic document was intended to satisfy.

2) Where a document submitted as an electronic document to satisfy a

reporting requirement bears an electronic signature, the electronic

signature legally binds, obligates, and makes the signer responsible to the

same extent as the signer’s handwritten signature would on a paper

document submitted to satisfy the same reporting requirement.

3) Proof that a particular signature device was used to create an electronic

signature will suffice to establish that the individual uniquely entitled to

use the device did so with the intent to sign the electronic document and

give it effect.

4) Nothing in this Section limits the use of electronic documents or

information derived from electronic documents as evidence in

enforcement or other proceedings.

BOARD NOTE: Subsection (e) of this Section is derived from 40 CFR 3.4 and

3.2000(c), as added at 70 Fed. Reg. 59848 (Oct. 13, 2005).

f) Public document subject to State laws. Any electronic document filed with the

Board is a public document. The document, its filing, its retention by the Board,

and its availability for public inspection and copying are subject to various State

laws, including, but not limited to, the following:

1) The Administrative Procedure Act [5 ILCS 100];

2) The Freedom of Information Act [5 ILCS 140];

3) The State Records Act [5 ILCS 160];

4) The Electronic Commerce Security Act [5 ILCS 175];

5) The Environmental Protection Act [415 ILCS 5];

6) Regulations relating to public access to Board records (2 Ill. Adm. Code

2175); and

7) Board procedural rules relating to protection of trade secrets and

confidential information (35 Ill. Adm. Code 130).

g) Nothing in this Section or in any provisions adopted pursuant to subsection (c)(1)

of this Section will create any right or privilege to submit any document as an

electronic document.

BOARD NOTE: Subsection (g) of this Section is derived from 40 CFR 3.2(c), as

added at 70 Fed. Reg. 59848 (Oct. 13, 2005).

BOARD NOTE: Derived from 40 CFR 3, as added, and 40 CFR 403.8(g) (2005), as amended at

70 Fed. Reg. 59848 (Oct. 13, 2005).

(Source: Added at 30 Ill. Reg. ________, effective ______________________)

Section 310.107 Incorporations by Reference

a) The following publications are incorporated by reference:

The consent decree in NRDC v. Costle, 1978 WL 23471, 12 Environment

Reporter Cases 1833 (D.C. Cir. August 16, 1978).

Standard Industrial Classification Manual (1987) (document no. PB87-

100012), available from the National Technical Information Service, 5285

Port Royal Road, Springfield, Virginia 22161.

Combined Sewer Overflow (CSO) Control Policy (1994) (USEPA

document number EPA-830/Z-94-001) available from NCEPI, 11029

Kenwood Rd., Bldg. 5, Cincinnati, OH 45242; fax (513) 891-6685,

referenced in Section 310.320.

BOARD NOTE: USEPA published the Combined Sewer Overflow

(CSO) Control Policy in the Federal Register at 59 Fed. Reg. 18688 (Apr.

19, 1994), and the USEPA, Office of Water has made it available on the

Internet: www.epa.gov/npdes/pubs/owm0111.pdf.

The consent decree in NRDC v. Costle, 1978 WL 23471, 12 Environment

Reporter Cases 1833 (D.C. Cir. August 16, 1978), referenced in Section

310.320.

Standard Industrial Classification Manual (1987) (document no. PB87-

100012), available from the National Technical Information Service, 5285

Port Royal Road, Springfield, Virginia 22161, referenced in 35 Ill. Adm.

Code 307.2201, 307.2400, 307.2402 through 307.2407, and 307.3901 and

Section 310.602.

b) The following provisions of the Code of Federal Regulations are incorporated by

reference:

40 CFR 2.302 (2003) (2005) (Special Rules Governing Certain

Information Obtained Under the Clean Water Act), referenced in Section

310.105.

40 CFR 3.2, as added at 70 Fed. Reg. 59848 (Oct. 13, 2005) (How Does

This Part Provide for Electronic Reporting?), referenced in Section

310.106.

40 CFR 3.3, as added at 70 Fed. Reg. 59848 (Oct. 13, 2005) (What

Definitions Are Applicable to This Part?), referenced in Section 310.106.

40 CFR 3.10, as added at 70 Fed. Reg. 59848 (Oct. 13, 2005) (What Are

the Requirements for Electronic Reporting to EPA?), referenced in

Section 310.106.

40 CFR 3.2000, as added at 70 Fed. Reg. 59848 (Oct. 13, 2005) (What

Are the Requirements Authorized State, Tribe, and Local Programs’

Reporting Systems Must Meet?), referenced in Section 310.106.

40 CFR 25 (2003) (2005) (Public Participation in Programs Under the

Resource Conservation and Recovery Act, the Safe Drinking Water Act,

and the Clean Water Act), referenced in Section 310.510.

Tables II (Organic Toxic Pollutants in Each of Four Fractions in Analysis

by Gas Chromatography/Mass Spectroscopy (GS/MS)) and III (Other

Toxic Pollutants (Metals and Cyanide) and Total Phenols) in appendix D

to 40 CFR 122, Appendix D, Tables II and III (2003) (2005) (NPDES

Permit Application Testing Requirements), referenced in 35 Ill. Adm.

Code 307.1005.

40 CFR 128.140(b) (1977)

40 CFR 136 (2003), as amended at 68 Fed. Reg. 43272 (July 21, 2003)

and 68 Fed. Reg. 54934 (September 19, 2003). (2005) (Guidelines

Establishing Test Procedures for the Analysis of Pollutants), referenced in

35 Ill. Adm. Code 307.1003 and Sections 310.605, 310.610, and 310.611.

40 CFR 403 (2003) (2005), as amended at 70 Fed. Reg. 60134 (Oct. 14,

2005) (General Pretreatment Regulations for Existing and New Sources of

Pollution), referenced in Section 310.432.

40 CFR 403.12 (2005), as amended at 70 Fed. Reg. 60134 (Oct. 14, 2005)

(Reporting Requirements for POTWs and Industrial Users), referenced in

Section 310.602.

Appendix D to 40 CFR 403, Appendix D (2003) (2005) (Selected

Industrial Subcategories Considered Dilute for Purposes of the Combined

Wastestream Formula), referenced in Section 310.233.

Appendix G to 40 CFR 403 (2005), as amended at 70 Fed. Reg. 60134

(Oct. 14, 2005) (Pollutants Eligible for a Removal Credit), referenced in

Section 310.303.

40 CFR 503 (2005) (Standards for the Use or Disposal of Sewage Sludge),

referenced in Section 310.303.

c) The following federal statutes are incorporated by reference:

Section 1001 of federal Crimes and Criminal Procedure (18 USC 1001

(2000))

The federal Clean Water Act (33 USC 1251 et seq. (2000)) as amended

through November 7, 2000

Subtitles C and D of the federal Resource Conservation and Recovery Act

(42 USC 6901 et seq. (2000))

Section 1001 of federal Crimes and Criminal Procedure (18 USC 1001

(2003)), referenced in Section 310.633.

The federal Clean Water Act (CWA) (33 USC 1251 et seq. (2003)),

referenced in Section 310.110.

Section 204(b) of the federal Clean Water Act (33 USC 1284(b) (2003)),

referenced in Section 310.510.

Section 212(2) of the federal Clean Water Act (33 USC 1292(2) (2003)),

referenced in Section 310.110.

Section 308 of the federal Clean Water Act (33 USC 1318 (2003)),

referenced in Section 310.510.

Section 309(c)(4) of the federal Clean Water Act (33 USC 1319(c)(4)

(2003)), referenced in Section 310.633.

Section 309(c)(6) of the federal Clean Water Act (33 USC 1319(c)(6)

(2003)), referenced in Section 310.633.

Section 405 of the federal Clean Water Act (33 USC 1345 (2003)),

referenced in Section 310.510.

Subtitles C and D of the federal Resource Conservation and Recovery Act

(42 USC 6921-6939e and 6941-6949a) (2002)), referenced in Section

310.510.

d) This Part incorporates no future editions or amendments.

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.110 Definitions

“Act” means the Environmental Protection Act [415 ILCS 5].

“Agency” means the Illinois Environmental Protection Agency.

“Approval Authority” means the Agency.

BOARD NOTE: Derived from 40 CFR 403.3(c) (2003) (2005).

“Approved POTW Pretreatment Program pretreatment program” or

“Programprogram” or “POTW Pretreatment Program pretreatment program”

means a program administered by a POTW that has been approved by the Agency

in accordance with Sections 310.541 through 310.546.

BOARD NOTE: Derived from 40 CFR 403.3(d) (2003) (2005).

“Authorization to discharge” means an authorization issued to an industrial user

by a POTW that has an approved pretreatment program. The authorization may

consist of a permit, license, ordinance, or other mechanism as specified in the

approved pretreatment program.

“Best management practices” (BMPs) means schedules of activities, prohibitions

of practices, maintenance procedures, and other management practices to

implement the prohibitions listed in Sections 310.201(a) and (c) and 310.202.

BMPs also include treatment requirements, operating procedures, and practices to

control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage

from raw materials storage.

BOARD NOTE: Derived from 40 CFR 403.3(e), as added at 70 Fed. Reg. 60134

(Oct. 14, 2005)

“Blowdown” means the minimum discharge of recirculating water for the purpose

of discharging materials contained in the water, the further buildup of which

would cause concentration in amounts exceeding limits established by best

engineering practice.

BOARD NOTE: Derived from 40 CFR 401.11(p) (2003) (2005).

“Board” means the Illinois Pollution Control Board.

“CWA” means Federal Water Pollution Control Act, also known as the Clean

Water Act, as amended, incorporated by reference in Section 310.107.

BOARD NOTE: Derived from 40 CFR 403.3(b) (2003) (2005).

“Control Authority” is as defined in Section 310.601. refers to the appropriate of

the following:

The POTW, if the POTW’s pretreatment program submission has been

approved in accordance with the requirements of Section 310.540 through

310.546; or

The Agency, if the submission has not been approved.

BOARD NOTE: Derived from 40 CFR 403.3(f) (2005), as added at 70

Fed. Reg. 60134 (Oct. 14, 2005).

“Indirect Discharge discharge” or “Discharge” means the introduction of

pollutants into a POTW from any non-domestic source regulated under Section

307(b), (c), or (d) of the CWA (33 USC 1317(b), (c), or (d)).

BOARD NOTE: Derived from 40 CFR 403.3(g) (2003) 403.3(i) (2005), as

renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

“Industrial User user” or “User” means a source of indirect discharge. As used in

this Part, an industrial user includes any person who meets any of the following

criteria:

The person discharges toxic pollutants, as defined by 35 Ill. Adm. Code

307.1005;

The person is subject to a categorical standard adopted or incorporated by

reference in 35 Ill. Adm. Code 307;

The person discharges more than fifteen percent of the total hydraulic flow

received by the POTW treatment plant;

The person discharges more than fifteen percent of the total biological

loading of the POTW treatment plant as measured by the five-day

biochemical oxygen demand;

The person has caused pass through or interference; or

The person has presented an imminent endangerment to the health or

welfare of persons.

BOARD NOTE: Derived from 40 CFR 403.3(h) (2003) 403.3(j) (2005), as

renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

“Industrial wastewater” means waste of a liquid nature discharged by an

industrial user to a sewer tributary to a POTW.

“Interference” means a discharge, alone or in conjunction with a discharge or

discharges from other sources, for which both of the following is true:

The discharge inhibits or disrupts the POTW, its treatment processes or

operations, or its sludge processes, use, or disposal; and

As a result of the inhibition of disruption, the discharge is a cause of a

violation of any requirement of the POTW’s NPDES permit (including an

increase in the magnitude or duration of a violation) or the prevention of

sewage sludge disposal in compliance with any sludge requirements.

BOARD NOTE: Derived from 40 CFR 403.3(i) (2003) 403.3(k) (2005), as

renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

“Municipal sewage” is sewage treated by a POTW exclusive of its industrial

component.

“Municipal sludge” is sludge produced by a POTW treatment works.

“Municipality.” See “unit of local government.”

“New source” means new source as defined in Section 310.111.

BOARD NOTE: Derived from 40 CFR 401.11(c) and 403.3(k) (2003) 403.3(m)

(2005), as renumbered and amended at 70 Fed. Reg. 60134 (Oct. 14, 2005).

“Noncontact cooling water” means water used for cooling that does not come into

direct contact with any raw material, intermediate product, waste product, or

finished product.

BOARD NOTE: Derived from 40 CFR 401.11(n) (2003) (2005).

“Noncontact cooling water pollutants” means pollutants present in noncontact

cooling waters.

BOARD NOTE: Derived from 40 CFR 401.11(o) (2003) (2005).

“NPDES Permit permit” means a permit issued to a POTW pursuant to Section

402 of the CWA, or Section 12(f) of the Act and Subpart A of 35 Ill. Adm. Code

309.

BOARD NOTE: Derived from 40 CFR 403.3(l) (2003) 403.3(n) (2005), as

renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

“O and M” means operation and maintenance.

“Pass through” means a discharge of pollutants that exits the POTW into waters

of the State in quantities or concentrations which, alone or in conjunction with a

discharge or discharges from other sources, is a cause of a violation of any

requirement of the POTW’s NPDES permit (including an increase in the

magnitude or duration of a violation).

BOARD NOTE: Derived from 40 CFR 403.3(n) (2003) 403.3(p) (2005), as

renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

“Person” means an individual, corporation, partnership, association, State, “unit

of local government” or any interstate body. This term includes the United States

government, the State of Illinois, and their political subdivisions.

BOARD NOTE: Derived from 40 CFR 401.11(m) (2003) (2005) and 33 USC

1362(5).

“Pollutant” means dredged spoil; solid waste; incinerator residue; sewage;

garbage; sewage sludge; munitions; chemical wastes; biological materials;

radioactive materials; heat; wrecked or discarded equipment; rock; sand; cellar

dirt; and industrial, municipal, and agricultural waste discharged into a sewer.

BOARD NOTE: Derived from 40 CFR 401.11(f) (2003) (2005).

“Pollution” means the man-made or man-induced alteration of the chemical,

physical, biological, and radiological integrity of water.

BOARD NOTE: Derived from 40 CFR 401.11(g) (2003) (2005).

“POTW Treatment Plant treatment plant” means that portion of the POTW that is

designed to provide treatment (including recycling and reclamation) of municipal

sewage and industrial wastewater.

BOARD NOTE: Derived from 40 CFR 403.3(p) (2003) 403.3(r) (2005), as

renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

“Pretreatment” means the reduction of the amount of pollutants, the elimination

of pollutants, or the alteration of the nature of pollutant properties in wastewater

prior to or in lieu of discharging or otherwise introducing such pollutants into a

POTW. The reduction or alteration may be obtained by physical, chemical, or

biological processes; process changes; or by other means, except as prohibited by

Section 310.232. Appropriate pretreatment technology includes control

equipment, such as equalization tanks or facilities, for protection against surges or

slug loadings that might interfere with or otherwise be incompatible with the

POTW. However, where wastewater from a regulated process is mixed in an

equalization facility with unregulated wastewater or with wastewater from

another regulated process, the effluent from the equalization facility must meet an

adjusted pretreatment limit calculated in accordance with Section 310.233.

BOARD NOTE: Derived from 40 CFR 403.3(q) (2003) 403.3(s) (2005), as

renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

“Pretreatment permit” means an authorization to discharge to a sewer that is

issued by the Agency as the Control Authority.

“Pretreatment requirements” means any substantive or procedural requirement

related to pretreatment, other than a pretreatment standard, imposed on an

industrial user.

BOARD NOTE: Derived from 40 CFR 403.3(r) (2003) 403.3(t) (2005), as

renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

“Pretreatment standard” or “standard” means any regulation containing pollutant

discharge limits promulgated by USEPA, and incorporated by reference in 35 Ill.

Adm. Code 307. This term includes prohibitive discharge limits established

pursuant to Section 310.201 through 310.213 or 35 Ill. Adm. Code 307.1101.

This term also includes more stringent prohibitions and standards adopted by the

Board in this Part or 35 Ill. Adm. Code 307, including 35 Ill. Adm. Code

307.1101, 307.1102, and 307.1103. The term also includes local limits pursuant

to Section 310.211 that are a part of an approved pretreatment program.

BOARD NOTE: Derived from 40 CFR 403.3(j) (2003) 403.3(l) (2005), as

renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

“Process wastewater” means any water that, during manufacturing or processing,

comes into direct contact with or results from the production or use of any raw

material, intermediate product, finished product, by-product, or waste product.

BOARD NOTE: Derived from 40 CFR 401.11(q) (2003) (2005).

“Process wastewater pollutants” means pollutants present in process wastewater.

BOARD NOTE: Derived from 40 CFR 401.11(r) (2003) (2005).

“Project XL” means the federal Project for eXcellence and Leadership or a

federally approved facility- or community-based regulatory reinvention (XL) pilot

project, as such are described in the Federal Register notices of May 23, 1995 (60

Fed. Reg. 27282) and November 1, 1995 (60 Fed. Reg. 55569).

“Publicly owned treatment works” or “POTW” means a “treatment works” that is

owned by the State of Illinois or a “unit of local government.” This definition

includes any devices and systems used in the storage, treatment, recycling, and

reclamation of municipal sewage or industrial wastewater. It also includes

sewers, pipes, and other conveyances only if they convey wastewater to a POTW

treatment plant. The term also means the “unit of local government” that has

jurisdiction over the indirect discharges to and the discharges from such a

treatment works.

BOARD NOTE: Derived from 40 CFR 403.3(o) (2003) 403.3(q) (2005), as

renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

“Schedule of compliance” means a schedule of remedial measures included in an

authorization to discharge or a pretreatment permit, or an NPDES permit,

including an enforceable sequence of interim requirements (for example, actions,

operations, or milestone events) leading to compliance with this Part and 35 Ill.

Adm. Code 307. A schedule of compliance does not protect an industrial user or

POTW from enforcement.

BOARD NOTE: Derived from 40 CFR 401.11(m) (2003) (2005) and 33 USC

1362(17).

“Significant industrial user” means the following: significant industrial user as

defined in Section 310.112.

All industrial users subject to categorical pretreatment standards under

Section 310.220 through 310.233 and 35 Ill. Adm. Code 307, and

Any other industrial user that discharges an average of 25,000 gallons per

day or more of process wastewater to the POTW (excluding sanitary,

noncontact cooling, and boiler blowdown wastewater); contributes a

process waste stream that makes up five percent or more of the average

dry weather hydraulic or organic capacity of the POTW treatment plant; or

is designated as such by the Control Authority, as defined in Section

310.601, on the basis that the industrial user has a reasonable potential for

adversely affecting the POTW’s operation or for violating any

pretreatment standard or requirement (in accordance with Section

310.510(f)); except, upon a finding that an industrial user meeting the

criteria of this second subsection of this definition has no reasonable

potential for adversely affecting the POTW’s operation of for violating

any pretreatment standard or requirement, the Control Authority, as

defined in Section 310.601, may at any time, on its own initiative or in

response to a petition received from an industrial user or POTW may

determine in accordance with Section 310.510(f) that such industrial user

is not a significant industrial user.

BOARD NOTE: Derived from 40 CFR 403.3(t) (2003) 403.3(v) (2005), as

renumbered and amended at 70 Fed. Reg. 60134 (Oct. 14, 2005).

“Sludge requirements” means any of the following permits or regulations: 35 Ill.

Adm. Code 309.155 (NPDES Permits), 309.208 (Permits for Sites Receiving

Sludge for Land Application), 703.121 (RCRA Permits), 807.202 (Solid Waste

Permits), the federal Toxic Substances Control Act (15 USC 2601), or the federal

Marine Protection, Research and Sanctuaries Act (33 USC 1401), Section 39(b)

of the Act (NPDES Permits) [415 ILCS 5/39(b)], and Section 405(b) of the

federal Clean Water Act (federally-imposed sludge use and management

requirements).

BOARD NOTE: Derived from 40 CFR 403.3(i) 403.3(k)(2) (2005), as

renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005), and 403.7(a) (2003) (2005).

“Submission” means a request to the Agency by a POTW for approval of a

pretreatment program, or for authorization to grant removal credits.

BOARD NOTE: Derived from 40 CFR 403.3(t) (2003) 403.3(w) (2005), as

renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

“Treatment works” is as defined in 33 USC 1292(2) (1987), incorporated by

reference in Section 310.107(c). It includes any devices and systems used in the

storage, treatment, recycling, and reclamation of municipal or industrial

wastewater to implement 33 USC 1281, or necessary to recycle or reuse water at

the most economical cost over the estimated life of the works, including

intercepting sewers, outfall sewers, sewage collection systems, pumping, power,

and other equipment.

BOARD NOTE: Derived from 40 CFR 403.3(o) (2003) 403.3(q) (2005), as

renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005) and 33 USC 1292(2).

“Unit of local government” means a unit of local government, as defined by Art.

7, Sec. 1 of the Illinois Constitution, having jurisdiction over disposal of sewage.

Unit of local government includes, but is not limited to, municipalities, and

sanitary districts.

BOARD NOTE: Derived from 40 CFR 401.11(m) (2003) (2005) and 33 USC

1362(4).

“USEPA” means the United States Environmental Protection Agency.

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.111 New Source

a) “New Source source” means any building, structure, facility, or installation from

which there is or may be a discharge of pollutants, the construction of which

commenced after the date specified in 35 Ill. Adm. Code 307 for that the

particular source category or subcategory to which the source , provided that one

of the following is true:

1) The building, structure, facility, or installation is constructed at a site at

which no other source is located;

2) The building, structure, facility, or installation totally replaces the process

or production equipment that causes the discharge of pollutants at an

existing source; or

3) The production or wastewater generating processes of the building,

structure, facility, or installation are substantially independent of an

existing source at the same site. In determining whether these are

substantially independent, factors such as the extent to which the new

facility is integrated with the existing plant and the extent to which the

new facility is engaged in the same general type of activity as the existing

source should be considered.

b) Construction on a site at which an existing source is located results in a

modification, rather than a new source, if the construction does not create a new

building, structure, facility, or installation meeting that meets the criteria of

subsections (a)(2) or (a)(3) of this Section, but which otherwise alters, replaces, or

adds to existing process or production equipment.

c) Construction of a new source, as defined in this Section, has commenced if the

owner or operator has done one either of the following:

1) Begun

It has begun or caused one either of the following to begin as part

of a continuous onsite construction program:

A) Any placement assembly or installation of facilities or equipment;

B) Significant site preparation work including clearing, excavation or

removal of existing buildings, structures, or facilities that is

necessary for the placement, assembly, or installation of new

source facilities or equipment; or

2) Entered

It has entered into a binding contractual obligation for the

purchases of facilities or equipment that are intended to be used in its

operation within a reasonable time. Options An option to purchase or

contracts a contract that can be terminated or modified without substantial

loss and contracts for feasibility, engineering, and design studies do does

not constitute a contractual obligation under this subsection (c)(2).

d) New Sources

A new source must install and have in operating condition and must

“start-up” all pollution control equipment required to meet applicable

pretreatment standards before beginning to discharge. Within the shortest

feasible time (not to exceed 90 days), A new sources source must meet all

applicable pretreatment standards.

BOARD NOTE: Derived from 40 CFR 403.3(k) (2003) 403.3(m) (2005), as renumbered and

amended at 70 Fed. Reg. 60134 (Oct. 14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.112 Significant Industrial User

a) Except as provided in subsections (b) and (c) of this Section, the term “significant

industrial user” means the following:

1) An industrial user subject to any of the categorical pretreatment standards

under Sections 310.220 through 310.222, 310.230, 310.232, and 310.233

and 35 Ill. Adm. Code 307; and

2) Any other industrial user that: discharges an average of 25,000 gallons per

day or more of process wastewater to the POTW (excluding sanitary,

noncontact cooling, and boiler blowdown wastewater); contributes a

process wastestream which makes up five percent or more of the average

dry weather hydraulic or organic capacity of the POTW Treatment plant;

or is designated as such by the Control Authority on the basis that the

industrial user has a reasonable potential for adversely affecting the

POTW’s operation or for violating any pretreatment standard or

requirement (in accordance with Section 310.510(f)).

b) The Control Authority may determine that an industrial user subject to categorical

pretreatment standards under Sections 310.220 through 310.222, 310.230,

310.232, and 310.233 and 35 Ill. Adm. Code 307 is a non-significant categorical

industrial user, rather than a significant industrial user, on a finding that the

industrial user never discharges more than 100 gallons per day (gpd) of total

categorical wastewater (excluding sanitary, noncontact cooling, and boiler

blowdown wastewater, unless specifically included in the pretreatment standard),

and the industrial user meets the following conditions:

1) That, prior to the Control Authority’s finding, the industrial user has

consistently complied with all applicable categorical pretreatment

standards and requirements;

2) That the industrial user annually submits the certification statement

required in Section 310.636 together with any additional information

necessary to support the certification statement; and

3) The industrial user never discharges any untreated concentrated

wastewater.

c) Upon a finding that an industrial user meeting the criteria in subsection (a)(2) of

this Section has no reasonable potential for adversely affecting the POTW’s

operation or for violating any pretreatment standards or requirement, the Control

Authority may at any time, on its own initiative or in response to a petition

received from an industrial user or POTW, and in accordance with Section

310.510(f), determine that such industrial user is not a significant industrial user.

BOARD NOTE: Derived from 40 CFR 403.3(v) (2005), as renumbered and amended at 70 Fed.

Reg. 60134 (Oct. 14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

SUBPART B: PRETREATMENT STANDARDS

Section 310.202 Specific Prohibitions

No person may cause or allow the introduction into a POTW of the pollutants specified in 35 Ill.

Adm. Code 307.1101(b).

BOARD NOTE: Derived from 40 CFR 403.5(b) (2003) (2005), as amended at 70 Fed. Reg.

60134 (Oct. 14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.210 Specific Local Limits Developed by POTW

a) Each POTW that is required to develop a pretreatment program must develop and

enforce, as part of the program, specific local limits to implement the prohibitions

listed in Sections 310.201(a) and 310.202. Each POTW with an approved

pretreatment program must continue to develop these local limits as necessary and

to effectively enforce such limits.

b) A POTW that is not required to develop a pretreatment program must, in cases

where pollutants contributed by one or more industrial users result in interference

or pass through, and such violation is likely to recur, develop and enforce specific

discharge local limits for industrial users, which, together with appropriate

changes in the POTW treatment plant’s facilities or operation, are necessary to

ensure renewed and continued compliance with the POTW’s NPDES permit, and

sludge requirements.

c) Prior to developing specific discharge local limits, a POTW must give individual

notice and an opportunity to respond to persons or groups that have requested

notice.

d) A POTW may develop best management practices (BMPs) to implement

subsections (a) and (b) of this Section. Such BMPs are to be considered local

limits and pretreatment standards for the purposes of this Part.

de) The POTW must base limitations developed pursuant to this Section on the

characteristics and treatability of the wastewater by the POTW, effluent

limitations that the POTW must meet, sludge requirements, water quality

standards in the receiving stream, and the pretreatment standards and

requirements of this Part and 35 Ill. Adm. Code 307.

BOARD NOTE: Derived Subsections (a) through (d) of this Section are derived from 40 CFR

403.5(c) (2003) (2005), as amended at 70 Fed. Reg. 60134 (Oct. 14, 2005). The Board added

subsection (e) to provide standards for development of local limits.

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.211 Status of Local Limits

If a POTW develops, in accordance with Section 310.210, local limits in the form of specific

prohibitions or limits on pollutants, or pollutant parameters, or BMPs, such local limits must are

to be deemed considered pretreatment standards for the purposes of this Part.

BOARD NOTE: Derived from 40 CFR 403.5(d) (2003) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.220 Categorical Standards

Pretreatment standards specifying quantities or concentrations of pollutants or pollutant

properties that may be discharged to a POTW by an existing or new industrial users user in a

specific industrial subcategories source category or subcategory will be established as separate

regulations under 35 Ill. Adm. Code 307. These standards, unless specifically noted otherwise,

must be in addition to the standards and requirements set forth at 35 Ill. Adm. Code 307.1101

and 310.

BOARD NOTE: Derived from 40 CFR 403.6 preamble (2003) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.221 Source Category Determination Request

a) Application deadline.

1) The industrial user or POTW may request that the Agency provide written

certification as to whether the industrial user falls within that particular

source category or subcategory. If an existing industrial user adds or

changes a process or operation that may be included in a source category

or subcategory, the existing industrial user must request this certification

prior to commencing discharge from the added or changed processes or

operation. With respect to new standards, the following apply:

A) The POTW or industrial user must direct to USEPA any source

category determination requests for pretreatment standards adopted

by USEPA prior to authorization of the Illinois program.

B) After authorization of the Illinois program, the POTW or industrial

user must direct to the Agency any source category determination

requests within 60 days after the Board adopts or incorporates by

reference a pretreatment standard for a source category or

subcategory under which an industrial user may be included.

2) A new source must request this certification prior to commencing

discharge.

3) If a request for certification is submitted by a POTW, the POTW must

notify any affected industrial user of such applications. The industrial

user may provide written comments on the POTW submissions to the

Agency within 30 days of notification.

b) Contents of application. Each request must contain a statement that includes the

following information:

1) Describing which source category or subcategories might be applicable;

and

2) Citing evidence and reasons why a particular source category or

subcategory is applicable and why others are not applicable. Any person

signing the application statement submitted pursuant to this Section must

make the following certification:

I certify under penalty of law that this document and all

attachments were prepared under my direction or supervision in

accordance with a system designed to assure that qualified

personnel properly gather and evaluate the information submitted.

Based on my inquiry of the person or persons who manage the

system or those persons directly responsible for gathering the

information, the information submitted is, to the best of my

knowledge and belief, true, accurate, and complete. I am aware

that there are significant penalties for submitting false information,

including the possibility of fine and imprisonment for knowing

violations.

c) Deficient requests. The Agency must act only on written requests for

determinations that contain all of the information required. The Agency must

notify persons who have made incomplete submissions that their requests are

deficient and that, unless the time period is extended, they have 30 days to correct

the deficiency. If the deficiency is not corrected within 30 days, or within an

extended period allowed by the Agency, the Agency must deny the request for a

determination.

d) Final determination.

1) When the Agency receives a submission, the Agency shall, if it determines

that the submission contains all of the information required by subsection

(b) of this Section, consider the submission, any additional evidence that

may have been requested and any other available information relevant to

the request. The Agency must then make a written determination of the

applicable source category or subcategory and state the reasons for the

determination.

2) The Agency must forward the determination described in subsection (d)(1)

of this Section to USEPA. If USEPA does not modify the Agency’s

decision within 60 days after its receipt, the Agency’s decision is final.

3) If USEPA modifies the Agency’s decision, USEPA’s decision will be

final.

4) The Agency must send a copy of the determination to the affected

industrial user and the POTW. If the final determination is made by

USEPA, the Agency must send a copy of the determination to the user.

e) Requests for hearing or legal decision.

1) Within 30 days following the date of receipt of notice of the final

determination as provided for by subsection (d)(4) of this Section, the

requester may submit a petition to reconsider or contest the decision to

USEPA, which will act pursuant to 40 CFR 403.6(a)(5).

2) Within 35 days following the date of receipt of notice of the final

determination as provided for by subsection (c), (d)(2), or (d)(4) of this

Section, the requester may appeal a final decision made by the Agency to

the Board.

BOARD NOTE: Derived from 40 CFR 403.6(a) (2003) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.222 Deadline for Compliance with Categorical Standards

a) If a compliance date for an existing or new source categorical pretreatment

standard is adopted or incorporated by reference in 35 Ill. Adm. Code 307, then

industrial users must comply with the standard by the latest of the following

times:

1) The date specified or incorporated by reference; or

2) The date the Board adopts or incorporates the standard by reference; or

3) The date USEPA approves the Illinois pretreatment program.

b) If no compliance date for a categorical pretreatment standard is adopted or

incorporated by reference in 35 Ill. Adm. Code 307, then industrial users must

comply with the standard by the latest of the following times:

1) The date the Board adopts or incorporates the standard by reference; or

2) The date USEPA approves the Illinois pretreatment program.

c) This Section must not be construed as extending compliance dates for

enforcement of categorical pretreatment standards pursuant to statutes and

regulations existing prior to authorization of the Illinois pretreatment program.

BOARD NOTE: Derived from 40 CFR 403.6(b) (2003) (2005), as amended at 70 Fed. Reg.

60134 (Oct. 14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.230 Concentration and Mass Limits

a) Pollutant discharge limits in categorical pretreatment standards will be expressed

either as concentration or mass limits. Limits in categorical pretreatment

standards must apply to the discharge from the process regulated by the standard

or as otherwise specified by the standard.

b) When the limits in a categorical pretreatment standard are expressed only in terms

of mass of pollutant per unit of production, the Control Authority may convert the

limits to equivalent limitations expressed either as mass of pollutant discharged

per day or effluent concentration for purposes of calculating effluent limitations

applicable to individual industrial users.

c) A Control Authority calculating equivalent mass-per-day limitations under

subsection (b) of this Section must calculate such limitations by multiplying the

limits in the standard by the industrial user’s average rate of production. This

average rate of production must be based not upon the designed production

capacity, but rather upon a reasonable measure of the industrial user’s actual

long-term daily production during a representative year. For new sources, actual

production must be estimated using projected production.

d) A Control Authority calculating equivalent concentration limitations under

subsection (b) of this Section must calculate such limitations by dividing the mass

limitations derived under subsection (c) of this Section by the average daily flow

rate of the industrial user’s regulated process wastewater. This average daily flow

rate must be based upon a reasonable measure of the industrial user’s actual long-

term average flow rate, such as the average daily flow rate during the

representative year.

e) When the limits in a categorical pretreatment standard are expressed only in terms

of pollutant concentrations, an industrial user may request that the Control

Authority convert the limits to equivalent mass limits. The determination to

convert concentration limits to mass limits is within the discretion of the Control

Authority. The Control Authority may establish equivalent mass limits only if the

industrial user meets all the following conditions in subsections (e)(1)(A) through

(e)(1)(E) of this Section.

1) To be eligible for equivalent mass limits, the industrial user must

undertake the following actions:

A) It must employ or demonstrate that it will employ water

conservation methods and technologies that substantially reduce

water use during the term of its control mechanism;

B) It must currently use control and treatment technologies adequate

to achieve compliance with the applicable categorical pretreatment

standard, and it must not have used dilution as a substitute for

treatment;

C) It must provide sufficient information to establish the facility’s

actual average daily flow rate for all wastestreams, based on data

from a continuous effluent flow monitoring device, as well as the

facility’s long-term average production rate. Both the actual

average daily flow rate and long-term average production rate must

be representative of current operating conditions;

D) It must not have daily flow rates, production levels, or pollutant

levels that vary so significantly that equivalent mass limits are not

appropriate to control the discharge; and

E) It must have consistently complied with all applicable categorical

pretreatment standards during the period prior to the industrial

user’s request for equivalent mass limits.

2) An industrial user subject to equivalent mass limits must undertake the

following actions:

A) It must maintain and effectively operate control and treatment

technologies adequate to achieve compliance with the equivalent

mass limits;

B) It must continue to record the facility’s flow rates through the use

of a continuous effluent flow monitoring device;

C) It must continue to record the facility’s production rates and notify

the Control Authority whenever production rates are expected to

vary by more than 20 percent from its baseline production rates

determined in subsection (e)(1)(C) of this Section. Upon

notification of a revised production rate, the Control Authority

must reassess the equivalent mass limit and revise the limit as

necessary to reflect changed conditions at the facility; and

D) It must continue to employ the same or comparable water

conservation methods and technologies as those implemented

pursuant to subsection (e)(1)(A) of this section so long as it

discharges under an equivalent mass limit.

3) A Control Authority that chooses to establish equivalent mass limits must

undertake the following actions:

A) It must calculate the equivalent mass limit by multiplying the

actual average daily flow rate of the regulated processes of the

industrial user by the concentration-based daily maximum and

monthly average standard for the applicable categorical

pretreatment standard and the appropriate unit conversion factor;

B) Upon notification of a revised production rate, it must reassess the

equivalent mass limit and recalculate the limit as necessary to

reflect changed conditions at the facility; and

C) It may retain the same equivalent mass limit in subsequent control

mechanism terms if the industrial user’s actual average daily flow

rate was reduced solely as a result of the implementation of water

conservation methods and technologies, and the actual average

daily flow rates used in the original calculation of the equivalent

mass limit were not based on the use of dilution as a substitute for

treatment pursuant to Section 310.232. The industrial user must

also be in compliance with Subpart J of this Part (regarding the

prohibition of bypass).

4) The Control Authority may not express limits in terms of mass for

pollutants such as pH, temperature, radiation, or other pollutants that

cannot appropriately be expressed as mass.

f) The Control Authority may convert the mass limits of the categorical pretreatment

standards of Subparts O, T, and CD of 35 Ill. Adm. Code 307 to concentration

limits for purposes of calculating limitations applicable to individual industrial

users under the following conditions. When converting such limits to

concentration limits, the Control Authority must use the concentrations listed in

the applicable provisions of Subparts O, T, and CD of 35 Ill. Adm. Code 307 and

document that dilution is not being substituted for treatment as prohibited by

Section 310.232.

eg) Equivalent limitations calculated in accordance with subsections (c) and (d)

through (f) of this Section are deemed pretreatment standards. The Control

Authority must document how the equivalent limits were derived and make this

information publicly available. Once incorporated into its control mechanism, the

Industrial industrial users must be required to comply with the equivalent

limitations instead of the promulgated categorical standards from which the

equivalent limitations were derived.

fh) Many categorical pretreatment standards specify one limit for calculating

maximum daily discharge limitations and a second limit for calculating maximum

monthly average or four-day average limitations. Where such standards are being

applied, the same production of or flow figure must be used in calculating both

types of the average and the maximum equivalent equivalent limitations

limitation.

gi) Any industrial user operating under a control mechanism incorporating equivalent

mass or concentration limits calculated from a production based standard must

notify the Control Authority within two business days after the user has a

reasonable basis to know that the production level will significantly change

within the next calendar month. Any user not notifying the Control Authority of

such anticipated change will be required to meet the mass or concentration limits

in its control mechanism that were based on the original estimate of the long term

average production rate.

BOARD NOTE: Derived from 40 CFR 403.6(c) (2003) (2005), as amended at 70 Fed. Reg.

60134 (Oct. 14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.232 Dilution Prohibited as A Substitute for Treatment

Except where expressly authorized to do so by an applicable categorical pretreatment standard or

requirement, no industrial user may increase the use of process water or, in any other way,

attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve

compliance with a pretreatment standard or requirement. The Control Authority may impose

mass limitations on industrial users that are using dilution to meet applicable pretreatment

standards or in other cases where the imposition of mass limitations is appropriate. A POTW

may allow dilution to meet local limits developed under Section 310.210.

BOARD NOTE: Derived from 40 CFR 403.6(d) (2003) (2005), as amended at 70 Fed. Reg.

60134 (Oct. 14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.233 Combined Waste Stream Formula

Where process wastewater is mixed prior to treatment with wastewaters other than those

generated by the regulated process, the Control Authority (or the industrial user with the written

concurrence of the Control Authority) must derive fixed alternative discharge limits, which the

Control Authority must apply to the mixed discharge. When it is deriving alternative categorical

limits, the Control Authority must calculate both an alternative daily maximum value using the

daily maximum values specified in the appropriate categorical pretreatment standards and an

alternative consecutive sampling day average value using the average monthly values specified

in the appropriate categorical pretreatment standards. The industrial user must comply with the

alternative daily maximum and average monthly limits fixed by the Control Authority until the

Control Authority modifies the limits or approves an industrial user modification request.

Modification is authorized whenever there is a material or significant change in the values used

in the calculation to fix alternative limits for the regulated pollutant. An industrial user must

immediately report any such material or significant change to the Control Authority. Where

appropriate, the Control Authority must calculate new alternative categorical limits within 30

days.

a) Alternative limit calculation. For purposes of these formulas, the “average daily

flow” means a reasonable measure of the average daily flow for a 30-day period.

For new sources, flows must be estimated using projected values. The Control

Authority must derive the alternative limit for a specified pollutant by the use of

either of the following formulas:

1) Alternative concentration limit.

()

()∑

∑

−

where

C = The alternative concentration limit for the combined

waste stream.

Ci = The categorical pretreatment standard concentration

limit for a pollutant in the regulated stream i.

Fi = The average daily flow (at least a 30-day average) of

stream i to the extent that it is regulated for such pollutant.

“

Gi” The sum of the results of calculation G for streams i

= 1 to i = N.

N = The total number of regulated streams.

T = The average daily flow (at least a 30-day average)

through the combined pretreatment facility (includes Fi, D

and unregulated streams.

D = The average daily flow (at least a 30-day average)

from:

A) Boiler blowdown streams, non-contact cooling streams,

stormwater streams and demineralizer backwash streams, subject

to the proviso of subsection (d) of this Section;

B) Sanitary waste streams where such waste streams are not regulated

by a categorical pretreatment standard; and

C) From any process waste streams that were or could have been

entirely exempted from categorical pretreatment standards as

specified in subsection (e) of this Section.

2) Alternative mass limit.

()

∑

−

where

M = The alternative mass limit for a pollutant in the combined

waste stream.

Mi = The categorical pretreatment standard mass limit for a

pollutant in the regulated stream i (the categorical pretreatment

mass limit multiplied by the appropriate measure of production).

Fi = The average daily flow (at least a 30-day average) of stream i

to the extent that it is regulated for such pollutant.

“

Gi” means the sum of the results of calculation G for streams i =

1 to i = N.

N = The total number of regulated streams.

T = The average daily flow (at least a 30-day average) through the

combined pretreatment facility (includes Fi, D and unregulated

streams.

D = The average daily flow (at least a 30-day average) from:

A) Boiler blowdown streams, non-contact cooling streams,

stormwater streams and demineralizer backwash streams subject to

the proviso of subsection (d) of this Section;

B) Sanitary waste streams where such waste streams are not regulated

by a categorical pretreatment standard; and

C) From any process waste streams that were or could have been

entirely exempted from categorical pretreatment standards, as

specified in subsection (e) of this Section.

b) Alternative limits below detection. An alternative pretreatment limit must not be

used if the alternative limit is below the analytical detection limit for any of the

regulated pollutants.

c) Self-monitoring. Self-monitoring required to insure compliance with the

alternative categorical limit must be as follows:

1) The type and frequency of sampling, analysis, and flow measurement must

be determined by reference to the self-monitoring requirements of the

appropriate categorical pretreatment standards.

2) Where the self-monitoring schedules for the appropriate standards differ,

monitoring must be done according to the most frequent schedule.

3) Where flow determines the frequency of self-monitoring in a categorical

pretreatment standard, the sum of all regulated flows (Fi) is the flow that

must be used to determine self-monitoring frequency.

d) Proviso to subsections (a)(1) and (a)(2) of this Section. Where boiler blowdown,

non-contact cooling streams, stormwater streams, and demineralizer backwash

streams contain a significant amount of a pollutant, and the combination of such

streams, prior to pretreatment, with the industrial user’s regulated process waste

streams will result in a substantial reduction of that pollutant, the Control

Authority, upon application of the industrial user, must determine whether such

waste streams should be classified as diluted or unregulated. In its application to

the Control Authority, the industrial user must provide engineering, production,

sampling, and analysis and such other information so the Control Authority can

make its determination.

e) Exemptions from categorical pretreatment standards. Process waste streams were

or could have been entirely exempted from categorical pretreatment standards

pursuant to paragraph 8 of the NRDC v. Costle consent decree, incorporated by

reference in Section 310.107, for one or more of the following reasons (see

appendix D to 40 CFR 403, Appendix D, incorporated by reference in Section

310.107):

1) The pollutants of concern are not detectable in the discharge from the

industrial user;

2) The pollutants of concern are present only in trace amounts and are neither

causing nor are likely to cause toxic effects;

3) The pollutants of concern are present in amounts too small to be

effectively reduced by technologies known to USEPA;

4) The waste stream contains only pollutants that are compatible with the

POTW.

f) Where a treated regulated process waste stream is combined prior to treatment

with wastewaters other than those generated by the regulated process, the

industrial user may monitor either the segregated process waste stream or the

combined waste stream for the purpose of determining compliance with

applicable pretreatment standards. If the industrial user chooses to monitor the

segregated process waste stream, it must apply the applicable categorical

pretreatment standard. If the user chooses to monitor the combined waste stream,

it must apply an alternative discharge limit calculated using the combined waste

stream formula as provided in this Section. The industrial user may change

monitoring points only after receiving approval from the Control Authority. The

Control Authority must ensure that any change in an industrial user’s monitoring

point or points will not allow the user to substitute dilution for adequate treatment

to achieve compliance with applicable standards.

BOARD NOTE: Derived from 40 CFR 403.6(e) (2003) (2005), as amended at 70 Fed. Reg.

60134 (Oct. 14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

SUBPART C: REMOVAL CREDITS

Section 310.301 Special Definitions

For purposes of this Subpart C, the following definitions apply:

“Consistent removal” means the average of the lowest 50% of the removals

measured according to Section 310.311. All sample data obtained for the

measured pollutant during the time period prescribed in Section 310.311 must be

reported and used in computing consistent removal. If a substance is measurable

in the influent but not in the effluent, the effluent level may be assumed to be the

limit of measurement, and those data may be used by the POTW at its discretion

and subject to approval by the Agency. If the substance is not measurable in the

influent, the data may not be used. Where the number of samples with

concentrations equal to or above the limit of measurement is between eight and

twelve, the average of the lowest six removals must be used. If there are less than

eight samples with concentrations equal to or less than the limit of measurement,

the Agency may approve alternate means of demonstrating consistent removal.

“Measurement” refers to the ability of the analytical method or protocol to

quantify as well as identify the presence of the substance in question.

BOARD NOTE: Derived from 40 CFR 403.7 (2003), as modified to reflect

NRDC v. USEPA, 790 F.2d 289 (3d Cir. 1986) (2005).

“Industrial user” means industrial user or users, as is appropriate from the context.

“Overflow” means the intentional or unintentional diversion of flow from the

POTW before the POTW treatment plant.

BOARD NOTE: CONSISTENT Derived from 40 CFR 403.7 (2003) (2005), as

modified to reflect NRDC v. USEPA, 790 F.2d 289 (3d Cir. 1986) amended at 70

Fed. Reg. 60134 (Oct. 14, 2005).

“Removal” means a reduction in the amount of a pollutant in the POTW’s

effluent or alteration of the nature of a pollutant during treatment at the POTW.

The reduction or alteration can be obtained by physical, chemical, or biological

means and may be the result of specifically designed POTW capabilities, or may

be incidental to operation of the treatment system. Removal does not mean

dilution of a pollutant in a POTW.

BOARD NOTE: Derived from 40 CFR 403.7(a) (2003) (2005).

“Sludge requirements” is as defined in Section 310.110.

BOARD NOTE: Derived from 40 CFR 403.7(a) (2003) (2005).

“Standard” means standard or standards as is appropriate from the context.

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.303 Conditions for Authorization to Grant Removal Credits

The Agency must authorize a POTW to grant removal credits only if the following conditions

are met:

a) The POTW applies for and receives authorization from the Agency to grant a

removal credit in accordance with the requirements and procedures specified in

Sections 310.330 and 310.340.

b) The POTW demonstrates and continues to achieve consistent removal of the

pollutant.

c) The POTW has an approved pretreatment program in accordance with and to the

extent required by this Part; provided, however, that a POTW that does not have

an approved pretreatment program may, pending approval of such a program,

give removal credits conditionally as provided in Section 310.330.

d) The granting of removal credits will not cause the POTW to violate sludge

requirements that apply to the sludge management method chosen by the POTW.

(“Sludge requirements” is defined in Section 310.110.) Alternatively, the POTW

demonstrates to the Agency that even though it is not presently in compliance

with applicable sludge requirements, it will be in compliance when each industrial

user to whom the removal credit would apply is required to meet its categorical

pretreatment standard as modified by the removal credit. Removal credits may be

made available for any of the following pollutants:

1) For any pollutant listed in appendix G, section I of 40 CFR 403,

incorporated by reference in Section 310.107, for the use or disposal

practice employed by the POTW, when the requirements in 40 CFR 503,

incorporated by reference in Section 310.107, for that practice are met;

2) For any pollutant listed in appendix G, section II of 40 CFR 403,

incorporated by reference in Section 310.107, for the use or disposal

practice employed by the POTW when the concentration for a pollutant

listed in appendix G, section II of 40 CFR 403 in the sewage sludge that is

used or disposed does not exceed the concentration for the pollutant in

appendix G, section II of 40 CFR 403; or

3) For any pollutant in sewage sludge when the POTW disposes all of its

sewage sludge in a municipal solid waste landfill unit that meets the

criteria in 35 Ill. Adm. Code 810 through 813 that are derived from 40

CFR 258.

e) The granting of removal credits will not cause a violation of the POTW’s NPDES

permit limitations or conditions. Alternatively, the POTW demonstrates to the

Agency that even though it is not presently in compliance with applicable

limitations and conditions in its NPDES permit, it will be in compliance when

each industrial user to whom the removal credit would apply is required to meet

its categorical pretreatment standard, as modified by the removal credit.

BOARD NOTE: Derived from 40 CFR 403.7(a)(3) (2003) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.320 Compensation for Overflow

A POTW that overflows untreated wastewater to receiving waters one or more times in a year

may claim consistent removal of a pollutant only by complying with subsection (a) or (b) of this

Section. However, this Section must will not apply where an industrial user demonstrates that

overflow does not occur between the industrial user and the POTW treatment plant.

a) The industrial user provides containment or otherwise ceases or reduces

discharges from the regulated processes that contain the pollutant for which an

allowance is requested during all circumstances in which an overflow event can

reasonably be expected to occur at the POTW or at a sewer to which the industrial

user is connected. Discharges must cease or be reduced, or pretreatment must be

increased, to the extent necessary to compensate for the removal not being

provided by the POTW. The Agency must allow allowances under this

subsection only if the POTW demonstrates the following to the Agency:

1) That all industrial users to which the POTW proposes to apply this

subsection (a) have demonstrated the ability to contain or otherwise cease

or reduce, during circumstances in which an overflow event can

reasonably be expected to occur, discharges from the regulated processes

that contain pollutants for which an allowance is requested;

2) That the POTW has identified circumstances in which an overflow event

can reasonably by expected to occur, and has a notification or other viable

plan to insure that industrial users will learn of an impending overflow in

sufficient time to contain, cease, or reduce discharging to prevent

untreated overflows from occurring. The POTW must also demonstrate

that it will monitor and verify the data required in subsection (a)(3) of this

Section to insure that industrial users are containing, ceasing, or reducing

operations during POTW system overflow; and

3) That all industrial users to which the POTW proposes to apply this

subsection have demonstrated the ability and commitment to collect and

make available upon request by the POTW or the Agency daily flow

reports or other data sufficient to demonstrate that all discharges from

regulated processes containing the pollutant for which the allowance is

requested were contained, reduced, or otherwise stopped as appropriate

during all circumstances in which an overflow event was reasonably

expected to occur; or

b) Reduction in removal.

1) The consistent removal claimed is reduced pursuant to the following

equation:

()

8760

−

()

8760

−

where:

m rm= POTW’s consistent removal rate for that pollutant as

established under this Subpart.

r rc= Removal corrected by the overflow factor.

z Z = Hours per year that overflow occurred between the

industrial user and the POTW treatment plant, the hours

either to be shown in the POTW’s current NPDES permit

application or the hours, as demonstrated by verifiable

techniques, that a particular industrial user’s discharge

overflows between the industrial user and the POTW

100

treatment plan.

2) Conditions for use of formula.The industrial user can claim consistent

removal only where the POTW is complying with all NPDES permit

requirements and any additional requirements in any order or decree that

affects combined sewer overflows. These requirements include, but are

not limited to, any combined sewer overflow requirements that conform to

the “Combined Sewer Overflow (CSO) Control Policy,” USEPA

document number EPA-830/Z-94-001, incorporated by reference in

Section 310.107.

The POTW can claim consistent removal only where efforts to

correct conditions resulting in untreated discharges by the POTW

are underway and in accordance with its NPDES permit

requirements. The POTW must make revisions to discharge limits

in catagorical pretreatment standards only where the POTW has

committed to efforts to minimize pollution from overflows. At a

minimum, the POTW must have completed the analysis required

by its NPDES permit and be making an effort to implement the

plan.

If a POTW has begun the analysis required by its NPDES permit

but, due to circumstances beyond its control, has not completed the

analysis, the POTW may, subject to approval of the Agency,

continue to claim consistent removal according to the formula in

this subsection, so long as the POTW acts in a timely fashion to

complete the analysis and makes an effort to implement the

nonstructural, cost-effective measures identified by the analysis.

Subject to the approval of the Agency, according to the formula in

this subsection where the POTW has completed and the Agency

has accepted the analysis required by the POTW’s NPDES permit

and the POTW has requested inclusion in its NPDES permit of an

acceptable compliance schedule providing for timely

implementation of cost-effective measures identified in the

analysis. In considering what is timely implementation, the

Agency must consider the availability of funds, cost of control

measures, and seriousness of the water quality problem.

BOARD NOTE: Derived from 40 CFR 403.7(h) (2003) (2005), as modified to reflect NRDC v.

USEPA, 790 F.2d 289 (3d Cir. 1986) amended at 70 Fed. Reg. 60134 (Oct. 14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

101

SUBPART E: POTW PRETREATMENT PROGRAMS

Section 310.510 Pretreatment Program Requirements: Development and Implementation

by POTW

A POTW pretreatment program must be based on the following legal authority and include the

following procedures, and these authorities and procedures must at all times by fully and

effectively exercised and implemented:

a) Legal authority. The POTW must 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 that the POTW is authorized to enact, enter into or implement, and

which are authorized by State law. At a minimum, this legal authority must

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 must be achieved through individual permits or

equivalent individual control mechanisms issued to each such user; such

control mechanisms must be enforceable and contain, at a minimum, the

following conditions except as follows:

A) At the discretion of the POTW, this control may include use of

general control mechanisms if the conditions of subsection (g) of

this Section are met.

BOARD NOTE: Subsection (g) is derived from . The Board

moved the text of 40 CFR 403.8(f)(1)(iii)(A)(

)(

) through

(f)(1)(iii)(A)(

), as added at 70 Fed. Reg. 60134 (Oct. 14, 2005),

which would normally appear at this subsection (a)(1)(A), to

subsection (g) of this Section to comply with Illinois

Administrative Code codification requirements.

102

B) All individual control mechanisms and general control

mechanisms must be enforceable and contain, at a minimum, the

following conditions:

Ai) A statement of duration (in no case more than five years);

Bii) 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

operator;

Ciii) Effluent limits, including best management practices, based

on applicable general pretreatment standards in this Part

and 35 Ill. Adm. Code 307, categorical pretreatment

standards, local limits, and local law;

Div) Self-monitoring, sampling, reporting, notification, and

recordkeeping requirements, including an identification of

the pollutants to be monitored, including the process for

seeking a waiver for a pollutant neither present nor

expected to be present in the discharge in accordance with

Section 310.605(b), or a specific waived pollutant in the

case of an individual control mechanism), 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

Ev) 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; and

vi) Requirements to control slug discharges, if such are

determined by the POTW to be necessary;

4) Require the following:

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,

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including, but not limited, to the reports required in 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 must 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 must be at least

as extensive as the authority provided under section 308 of the federal

CWA (33 USC 1318), incorporated by reference in Section 310.107(c);

6) Obtain remedies for noncompliance by any industrial user with any

pretreatment standard or requirement.

A) All POTWs must be able to seek injunctive relief for

noncompliance by industrial users with pretreatment standards or

requirements. All POTWs must also have authority to seek or

assess civil or criminal penalties in at least the amount of $1,000 a

day for each violation by industrial users of pretreatment standards

and requirements.

B) Pretreatment requirements that 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 must have authority and procedures

(after notice to the industrial user) immediately and effectively to

halt or prevent any discharge of pollutants to the POTW that

reasonably appears to present an imminent endangerment to the

health or welfare of persons. The POTW must also have authority

and procedures (which must include notice to the affected

industrial users and an opportunity to respond) to halt or prevent

any discharge to the POTW that presents or may present an

endangerment to the environment or which threatens to interfere

with the operation of the POTW. The Agency must have authority

to seek judicial relief when the POTW has sought a monetary

penalty that the Agency finds to be insufficient; and

7) Comply with the confidentiality requirements set forth in Section 310.105.

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b) Procedures. The POTW must develop and implement procedures to ensure

compliance with the requirements of a pretreatment program. At a minimum,

these procedures must enable the POTW to do the following:

1) Identify and locate all possible industrial users that might be subject to the

POTW pretreatment program. Any compilation, index, or inventory of

industrial users made under this subsection (b)(1) of this Section must 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 must 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

sections 204(b) and 405 of the federal CWA (33 USC 1284(b) and 1345)

and Subtitles C and D of the federal Resource Conservation and Recovery

Act (42 USC 6921-6939e and 6941-6949a), each incorporated by

reference in Section 310.107. Within 30 days 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., except as otherwise specified in subsections (b)(5)(A) through

(b)(5)(C) of this Section 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 must be made available to the Agency upon request. If the

POTW decides that a slug control plan is needed, the plan must contain, at

a minimum, the following elements:

A description of discharge practices, including non-routine batch

discharges;

A description of stored chemicals;

105

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

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

of containment structures or equipment, measures for containing

toxic organic pollutants (including solvents), and measures and

equipment for emergency response;

A) Where the POTW has authorized the industrial user subject to a

categorical pretreatment standard to forego sampling of a pollutant

regulated by a categorical pretreatment standard in accordance

with Section 310.605(c), the POTW must sample for the waived

pollutants at least once during the term of the categorical industrial

user’s control mechanism. In the event that the POTW

subsequently determines that a waived pollutant is present or is

expected to be present in the industrial user’s wastewater based on

changes that occur in the industrial user’s operations, the POTW

must immediately begin at least annual effluent monitoring of the

industrial user’s discharge and inspection.

B) Where the POTW has determined that an industrial user meets the

criteria for classification as a non-significant categorical industrial

user, the POTW must evaluate at least once per year whether an

industrial user continues to meet the definition of significant

industrial user in Section 310.110.

C) In the case of industrial users subject to reduced reporting

requirements under Section 310.605(c), the POTW must randomly

sample and analyze the effluent from industrial user and conduct

inspections at least once every two years. If the industrial user no

longer meets the conditions for reduced reporting in Section

310.605(c), the POTW must immediately begin sampling and

inspecting the industrial user at least once a year.

6) Evaluate whether each such significant industrial user needs a plan or

other action to control slug discharges. For industrial users identified as

significant prior to November 14, 2005, this evaluation must have been

conducted at least once by October 14, 2006; additional significant

industrial user must be evaluated within one year of being designated a

106

significant industrial user. 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,

which has a reasonable potential to cause interference or pass through, or

in any other way violate the POTW’s regulations, local limits or permit

conditions. The results of such activities shall be available to the

Approval Authority upon request. Significant industrial users are required

to notify the POTW immediately of any changes at its facility affecting

potential for a slug discharge. If the POTW decides that a slug control

plan is needed, the plan shall contain, at a minimum, the following

elements:

A) Description of discharge practices, including non-routine batch

discharges;

B) 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 with procedures for follow-up

written notification within five days;

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

of containment structures or equipment, measures for containing

toxic organic pollutants (including solvents), or measures and

equipment for emergency response;

67) 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, must

be performed with sufficient care to produce evidence admissible in

enforcement proceedings or in judicial actions; and

78) 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 must include provision for

providing, at least annually, public notification, in a newspaper of general

circulation in the unit of local government in which jurisdictions served by

the POTW is located, of industrial users that, at any time during the

previous 12 months, were in significant noncompliance with applicable

pretreatment requirements. For the purposes of this provision, an a

107

significant industrial user (or any industrial user that violates subsection

(b)(8)(C), (b)(8)(D), or (b)(8)(H) of this Section 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 66 percent or more of all of the measurements taken

for the same pollutant parameter during a six-month period exceed

(by any magnitude) the daily maximum limit or the average limit

for the same pollutant parameter a numeric pretreatment standard

or requirement, including instantaneous limits, as such are defined

in Section 310.110;

B) “Technical review criteria” (TRC) violations, which mean those

violations in which 33 percent or more of all of the measurements

taken for each the same pollutant parameter taken during a six-

month period equal or exceed the product of the daily maximum

limit or the average limit numeric pretreatment standard or

requirement, including instantaneous limits, as such are defined in

Section 310.110, 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 standard or

requirement, as such are defined in Section 310.110, (daily

maximum, or longer-term long-term average, instantaneous limit,

or narrative standard) that the Control Authority POTW

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 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;

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 45 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;

108

G) Failure to accurately report noncompliance; or

H) Any other violation or group of violations, which may include a

violation of best management practices, that the Agency POTW

determines will adversely affect the operation or implementation

of the local pretreatment program.

c) The POTW must have sufficient resources and qualified personnel to carry the

authorities and procedures described in subsections (a) and (b) of this Section.

d) Local limits. The POTW must develop local limits as required in Section 310.210

or demonstrate that they are not necessary.

e) The POTW must develop and implement an enforcement response plan. This

plan must contain detailed procedures indicating how a POTW will investigate

and respond to instances of industrial user noncompliance. The plan shall, at a

minimum, do the following:

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) of this Section.

f) The POTW must prepare and maintain a list of its industrial users meeting the

criteria in the first paragraph of the definition of “significant industrial user” at

Section 310.110. The list must identify the criteria in the first paragraph 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

paragraph of that definition, where applicable, must also indicate whether the

POTW has made a determination pursuant to the caveat in the second paragraph

of that definition that such industrial user should not be considered a significant

industrial user. The initial list must be submitted to the Agency Approval

Authority pursuant to Sections 310.521 through 310.533 as a non-substantial

program modification pursuant to Section 310.923. Modifications Any

modification to the list must be submitted to the Agency Approval Authority

pursuant to Section 310.612(a).

g) Alternative use of general control mechanisms.

109

1) A POTW may use a single general control mechanism that applies to

several facilities in place of several individual control mechanisms

applicable to individual facilities. To use a general control mechanism,

the following must be true of all of the facilities to be covered by the

general control mechanism:

A) The covered facilities must all involve the same or substantially

similar types of operations;

B) The covered facilities must all discharge the same types of wastes;

C) The covered facilities must all require the same effluent

limitations;

D) The covered facilities must all require the same or similar

monitoring; and

E) In the opinion of the POTW, the covered facilities are more

appropriately controlled under a general control mechanism than

under individual control mechanisms.

2) To be covered by the general control mechanism, the significant industrial

user must file a written request for coverage that identifies its contact

information, production processes, the types of wastes generated, the

location for monitoring all wastes covered by the general control

mechanism, any requests in accordance with Section 310.605(b) for a

monitoring waiver for a pollutant neither present nor expected to be

present in the discharge, and any other information the POTW deems

appropriate. A monitoring waiver for a pollutant neither present nor

expected to be present in the discharge is not effective in the general

control mechanism until after the POTW has provided written notice to

the significant industrial user that such a waiver request has been granted

in accordance with Section 310.605(b). The POTW must retain a copy of

the general control mechanism, documentation to support the POTW’s

determination that a specific significant industrial user meets the criteria in

subsections (a)(3)(i)(A) through (a)(3)(i)(E) of this Section, and a copy of

the significant industrial user’s written request for coverage for three years

after the expiration of the general control mechanism. A POTW may not

control a significant industrial user through a general control mechanism

where the facility is subject to production-based categorical pretreatment

standards or categorical pretreatment standards expressed as mass of

pollutant discharged per day or for significant industrial user whose limits

are based on the combined wastestream formula or net/gross calculations

(Sections 310.233 and 310.801).

BOARD NOTE: Subsection (g) is derived from 40 CFR 403.8(f)(1)(iii)(A)(1)(i)

110

through (f)(1)(iii)(A)(2), as added at 70 Fed. Reg. 60134 (Oct. 14, 2005). The

Board moved the text of these subsections, which would normally appear at this

subsection (a)(1)(A), to this subsection (g) to comply with Illinois Administrative

Code codification requirements.

BOARD NOTE: Derived from 40 CFR 403.8(f) (2003) (2005), as amended at 70 Fed. Reg.

60134 (Oct. 14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.511 Receiving Electronic Documents

A POTW that chooses to receive electronic documents must satisfy the requirements of Section

310.106.

BOARD NOTE: Derived from 40 CFR 403.8(g), as added at 70 Fed. Reg. 59848 (Oct. 13,

2005).

(Source: Added at 30 Ill. Reg. ________, effective ______________________)

SUBPART F: REPORTING REQUIREMENTS

Section 310.601 Definition of Control Authority (Repealed)

The term “Control Authority” as it is used in this Subpart F refers to the appropriate of the

following:

The POTW, if the POTW’s submission for its pretreatment program (Section

310.110) has been approved in accordance with the requirements of Section

310.540 through 310.546; or

The Agency, if the submission has not been approved.

BOARD NOTE: Derived from 40 CFR 403.12(a) (2003).

(Source: Repealed at 30 Ill. Reg. ________, effective ______________________)

Section 310.602 Baseline Report

Within the time limits specified in subsection (h) of this Section, existing industrial users subject

to such categorical pretreatment standards and currently discharging to or scheduled to discharge

to a POTW must submit to the Control Authority a report that contains the information listed in

subsections (a) through (g) of this Section. New sources, and sources that become industrial

users subsequent to the promulgation of an applicable categorical standard, must submit to the

Control Authority a report that contains the information listed in subsections (a) through (e) of

this Section. Where reports containing this information already have been submitted to the

111

USEPA in compliance with 40 CFR 128.140(b) (1977), incorporated by reference in Section

310.107, the industrial user must not be required to submit this information again. New sources

must also include in the report information on the method of pretreatment the source intended to

use to meet applicable pretreatment standards. New sources must give estimates of the

information requested in subsections (d) and (e) of this Section.

a) Identifying information. The industrial user must submit the name and address of

the facility including the name of the operator and owners;

b) Permits. The industrial user must submit a list of any environmental control

permits held by or for the facility;

c) Description of operations. The industrial user must submit a brief description of

the nature, average rate of production, and standard industrial classification (SIC

Code) of the operations carried out by such industrial user, as determined using

the Standard Industrial Classification Manual, incorporated by reference in

Section 310.110(a). This description should include a schematic process diagram

that indicates points of discharge to the POTW from the regulated processes;

d) Flow measurement. The industrial user must submit information showing the

measured average daily and maximum daily flow, in gallons per day, to the

POTW from each of the following:

1) Regulated process streams; and

2) Other streams as necessary to allow use of the combined waste stream

formula of Section 310.233. (See subsection (e)(5) (e)(4) of this Section.)

The Control Authority may allow for verifiable estimates of these flows

where justified by cost or feasibility considerations;

e) Measurement of pollutants.

1) The industrial user must identify the pretreatment standards applicable to

each regulated process.

2) In addition, the industrial user must submit the results of sampling and

analysis identifying the nature and concentration (or mass, where required

by the standard or Control Authority) of regulated pollutants in the

discharge from each regulated process. Both daily maximum and average

concentration (or mass, where required) must be reported. The sample

must be representative of daily operations. In cases where the categorical

standard requires compliance with a best management practice or

pollution prevention alternative, the industrial user shall submit

documentation as required by the Control Authority or the applicable

categorical standards to determine compliance with the categorical

standard.

112

A minimum of four grab samples must be used for pH, cyanide, total

phenols, oil and grease, sulfide, and volatile organics. For all other

pollutants, 24-hour composite samples must be obtained through flow-

proportional composite sampling techniques where feasible. The Control

Authority must waive flow proportional composite sampling for any

industrial user that demonstrates that flow-proportional sampling is

infeasible. In such cases, samples must be obtained through time

proportional composite sampling techniques or through a minimum of

four grab samples where the user demonstrates that this will provide a

representative sample of the effluent being discharged.

43) The user must take a minimum of one representative sample to compile

that data necessary to comply with the requirements of this subsection.

54) Samples must be taken immediately downstream from pretreatment

facilities if such exist or immediately downstream from the regulated

process if no pretreatment exists. If other wastewaters are mixed with the

regulated wastewater prior to pretreatment the industrial user must

measure the flows and concentrations necessary to allow use of the

combined waste stream formula of Section 310.233 in order to evaluate

compliance with the pretreatment standards. Where an alternate

concentration or mass limit has been calculated in accordance with

Section 310.233, this adjusted limit along with supporting data must be

submitted to the Control Authority.

65) Analytical methods. Sampling and analysis must be performed in

accordance with the techniques prescribed in 35 Ill. Adm. Code 307.1003.

When 35 Ill. Adm. Code 307.1003 does not reference sampling or

analytical techniques for the pollutant in question or where USEPA has

determined that sampling and analysis techniques are inappropriate

pursuant to 40 CFR 403.12(b), incorporated by reference in Section

310.107(c), sampling and analysis must be performed by using validated

analytical methods or any other applicable sampling and analytical

procedures, approved by the Agency, including procedures suggested by

the POTW or other parties.

The Board incorporates by reference 40 CFR 403.12(b) (2003).

This Part incorporates no future amendments or editions.

Sampling and analysis must be performed in accordance with the

techniques prescribed in 35 Ill. Adm. Code 307.1003. When 35

Ill. Adm. Code 307.1003 does not reference sampling or analytical

techniques for the pollutant in question or where USEPA has

determined that sampling and analysis techniques are inappropriate

pursuant to 40 CFR 403.12(b) sampling and analysis must be

113

performed by using validated analytical methods or any other

applicable sampling and analytical procedures, approved by the

Agency, including procedures suggested by the POTW or other

parties.

76) The Control Authority may allow the submission of a baseline report that

utilizes only historical data so long as the data provides information

sufficient to determine the need for industrial pretreatment measures.

87) The baseline report must indicate the time, date, and place of sampling,

and methods of analysis, and must certify that such sampling and analysis

is representative of normal work cycles and expected pollutant discharges

to the POTW.

f) Certification. A statement, reviewed by an authorized representative of the

industrial user (as defined in Section 310.633) and certified to by a qualified

professional, indicating whether pretreatment standards are being met on a

consistent basis, and, if not, whether additional operation and maintenance (O and

M) or additional pretreatment is required for the industrial user to meet the

pretreatment standards and requirements;

g) Compliance schedule. If additional pretreatment or O and M will be required to

meet the pretreatment standards; the shortest schedule by which the industrial

user will provide such additional pretreatment or O and M. The completion date

in this schedule must not be later than the compliance date established for the

applicable pretreatment standard.

1) Where the industrial user’s categorical pretreatment standard has been

modified by a removal allowance (Subpart C of this Part), by the

combined waste stream formula (Section 310.233) or a fundamentally

different factors determination (Subpart E of this Part) at the time the user

submits the report required by this Section, the information required by

subsections (f) and (g) of this Section must pertain to the modified limits.

2) If the categorical pretreatment standard is modified by a removal

allowance (Subpart C of this Part), by the combined waste stream formula

(Section 310.233) or a fundamentally different factors determination

(Subpart E of this Part) after the user submits the report required by this

Section, any necessary amendments to the information requested by

subsections (f) and (g) of this Section must be submitted by the user to the

Control Authority within 60 days after the modified limit is approved.

h) Deadlines for baseline reports.

1) For standards adopted by USEPA prior to authorization of the Illinois

pretreatment program, baseline reports must be submitted pursuant to 40

114

CFR 403.12(b).

2) For standards adopted by USEPA after authorization of the Illinois

pretreatment program:

A) Baseline reports for existing sources are due within 180 days after

the Board adopts or incorporates a categorical pretreatment

standard or 180 days after the final administrative decision made

upon a category determination submission under Section

310.221(d), whichever is later.

B) New sources and sources that become industrial users subsequent

to the promulgation of an applicable categorical standard must

submit the baseline report within 90 days before beginning

discharge.

C) New sources already in existence and discharging on the date the

Board adopts or incorporates a categorical pretreatment standard or

180 days after the final administrative decision made upon a

category determination submission under Section 310.221(d), as

described for existing sources under subsection (h)(1)(A) of this

Section, are considered existing sources for the purposes of the due

date provisions of this subsection.

BOARD NOTE: Derived from 40 CFR 403.12(b) (2003) (2005), as amended at 70 Fed. Reg.

60134 (Oct. 14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.605 Periodic Reports on Compliance

a) Any industrial user subject to a categorical pretreatment standard (except a non-

significant categorical user as defined in Section 310.110), after the compliance

date of such pretreatment standard or, in the case of a new source, after

commencement of the discharge into the POTW, must submit to the Control

Authority during the months of June and December, unless required more

frequently in the pretreatment standard or by the Control Authority, a report

indicating the nature and concentration of pollutants in the effluent that are

limited by such categorical pretreatment standards. In addition, this report must

include a record of measured or estimated average and maximum daily flows for

the reporting period for the discharge reported in Section 310.602(d), except that

the Control Authority may require more detailed reporting of flows. In cases

where the pretreatment standard requires compliance with a best management

practice (or pollution prevention alternative), the industrial user shall submit

documentation required by the Control Authority or the pretreatment standard

necessary to determine the compliance status of the industrial user. In

115

consideration of such factors as local high or low flow rates, holidays, budget

cycles, etc., the Control Authority may alter the months during which the reports

required by this subsection (a) are to be submitted.

b) The Control Authority must authorize the industrial user subject to a categorical

pretreatment standard to forego sampling of a pollutant regulated by a categorical

pretreatment standard if it determines that the industrial user has demonstrated

through sampling and other technical factors that the pollutant is neither present

nor expected to be present in the discharge or that the pollutant is present only at

background levels from intake water and without any increase in the pollutant due

to activities of the industrial user. This authorization is subject to the following

conditions:

1) The Control Authority may authorize a waiver only where it determines

that a pollutant is present solely due to sanitary wastewater discharged

from the facility, provided that the sanitary wastewater is not regulated by

an applicable categorical standard, and the sanitary wastewater otherwise

includes no process wastewater;

2) The monitoring waiver is valid only for the duration of the effective

period of the permit or other equivalent individual control mechanism, but

in no case longer than five years. The industrial user must submit a new

request for the waiver before the waiver can be granted for each

subsequent control mechanism;

3) In making a demonstration that a pollutant is not present, the industrial

user must provide data from at least one sampling of the facility’s process

wastewater prior to any treatment present at the facility that is

representative of all wastewater from all processes. The request for a

monitoring waiver must be signed in accordance with Section 310.631 and

include the certification statement in Section 310.221(b)(2). Non-

detectable sample results may only be used as a demonstration that a

pollutant is not present only if the USEPA-approved method from 40 CFR

136, incorporated by reference in Section 310.107(b), with the lowest

minimum detection level for that pollutant was used in the analysis;

4) Any grant of a monitoring waiver by the Control Authority must be

included as a condition in the industrial user’s control mechanism. The

reasons supporting the waiver and any information submitted by the

industrial user in its request for the waiver must be maintained by the

Control Authority for three years after expiration of the waiver;

5) Upon approval of the monitoring waiver and revision of the industrial

user’s control mechanism by the Control Authority, the industrial user

must certify on each report with the statement below, that there has been

no increase in the pollutant in its wastestream due to activities of the

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industrial user:

Based on my inquiry of the person or persons directly responsible

for managing compliance with the pretreatment standard for



Subpart [Subpart number of the applicable national pretreatment

standard] of 35 Ill. Adm. Code 307, I certify that, to the best of my

knowledge and belief, there has been no increase in the level of



[list pollutants] in the wastewaters due to the activities at the

facility since filing of the last periodic report under 35 Ill. Adm.

Code 310.605(a);

6) In the event that a waived pollutant is found to be present or is expected to

be present based on changes that occur in the industrial user’s operations,

the industrial user must immediately comply with the monitoring

requirements of subsection (a) of this Section or other more frequent

monitoring requirements imposed by the Control Authority; and it must

notify the Control Authority; and

7) This subsection (b) does not supersede certification processes and

requirements established in categorical pretreatment standards, except as

otherwise specified in the categorical pretreatment standard.

bc) Where the Control Authority has imposed mass limitations on industrial users as

provided by Section 310.232, the report required by subsection (a) of this Section

must indicate the mass of pollutants regulated by pretreatment standards in the

discharge from the industrial user.

cd) For industrial users subject to equivalent mass or concentration limits established

by the Control Authority in accordance with the procedures in Section 310.230,

the report required by subsection (a) of this Section must contain a reasonable

measure of the user’s long-term production rate. For all other industrial users

subject to categorical pretreatment standards expressed only in terms of allowable

pollutant discharge per unit of production (or other measure of operation), the

report required by subsection (a) of this Section must include the user’s actual

average production rate for the reporting period.

BOARD NOTE: Derived from 40 CFR 403.12(e) (2003) (2005), as amended at 70 Fed. Reg.

60134 (Oct. 14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.610 Monitoring and Analysis

a) The

Except in the case of a non-significant categorical user, the reports required

in Section Sections 310.602(e), 310.604, and 310.605, and 310.611 must contain

the results of sampling and analysis of the discharge, including the flow and the

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nature and concentration or production and mass where requested by the Control

Authority of pollutants contained in the discharge that are limited by the

applicable pretreatment standards. This sampling and analysis may be performed

by the Control Authority instead of the industrial user. Where the POTW

performs the required sampling and analysis instead of the industrial user, the

user is not required to submit the compliance certification required under Sections

310.602(f) and 310.604. In addition, where the POTW itself collects all the

information required for the report, including flow data, the industrial user is not

required to submit the report.

b) If sampling performed by an industrial user indicates a violation, the user must

notify the Control Authority with 24 hours after becoming aware of the violation.

The user must also repeat the sampling and analysis and submit the results of the

repeat analysis to the Control Authority within 30 days after becoming aware of

the violation, except the industrial user is not required to resample if either of the

following occurs. Where the Control Authority has performed the sampling and

analysis in lieu of the industrial user, the Control Authority must perform the

repeat sampling and analysis, unless it notifies the industrial user of the violation

and requires the industrial user to perform the repeat analysis. Resampling is not

required if the following conditions are fulfilled:

1) The Control Authority performs sampling at the industrial user at a

frequency of at least once per month; or

2) The Control Authority performs sampling at the user between the time

when the user performs its initial sampling was conducted and the time

when the industrial user or the Control Authority receives the results of

this sampling.

c) The reports required in Section Sections 310.602, 310.604, 310.605, and 310.611

must be based upon data obtained through appropriate sampling and analysis

performed during the period covered by the report, which data is are

representative of conditions occurring during the reporting period. The Control

Authority must require that frequency of monitoring necessary to assess and

assure compliance by industrial users with applicable pretreatment standards and

requirements. Grab samples must be used for pH, cyanide, total phenols, oil and

grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour

composite samples must be obtained through flow-proportional composite

sampling techniques, unless time-proportional composite sampling or grab

sampling is authorized by the Control Authority. Where time-proportional

composite sampling or grab sampling is authorized by the Control Authority, the

samples must be representative of the discharge and the decision to allow the

alternative sampling must be documented in the industrial user file for that facility

or facilities. Using protocols (including appropriate preservation) specified in 40

CFR 136, incorporated by reference in Section 310.107(b), and appropriate

USEPA guidance, multiple grab samples collected during a 24-hour period may

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be composited prior to the analysis as follows: for cyanide, total phenols, and

sulfides the samples may be composited in the laboratory or in the field; for

volatile organics and oil and grease, the samples may be composited in the

laboratory. Composite samples for other parameters unaffected by the

compositing procedures as documented in USEPA-approved methodologies may

be authorized by the Control Authority, as appropriate.

d) For sampling required in support of baseline monitoring and 90-day compliance

reports required in Sections 310.602 and 310.604, a minimum of four grab

samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and

volatile organic compounds for facilities for which historical sampling data do not

exist; for facilities for which historical sampling data are available, the Control

Authority may authorize a lower minimum. For the reports required by Sections

310.605 and 310.611, the Control Authority must require the number of grab

samples necessary to assess and assure compliance by industrial users with

applicable pretreatment standards and requirements.

de) All analyses must be performed in accordance with procedures referenced in 35

Ill. Adm. Code 307.1003, or with any other test procedure approved by the

Agency. Sampling must be performed in accordance with the techniques

approved by the Agency. Where 35 Ill. Adm. Code 307.1003 does not reference

sampling or analytical techniques for the pollutants in question, or where USEPA

has determined as provided in Section 310.602 that sampling and analytical

techniques are inappropriate, sampling and analyses must be performed using

validated analytical methods or any other sampling and analytical procedures

including procedures approved by the POTW or other persons.

ef) If an industrial user subject to the reporting requirement in Section 310.605

monitors any regulated pollutant at the appropriate sampling location more

frequently than required by the Control Authority, using the procedures

prescribed in subsection (d) (e) of this Section, the results of this monitoring must

be included in the report.

BOARD NOTE: Derived from 40 CFR 403.12(g) (2003) (2005), as amended at 70 Fed. Reg.

60134 (Oct. 14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.611 Requirements for Non-Categorical Users

The Control Authority must require appropriate reporting from those industrial users with

discharges that are not subject to categorical pretreatment standards. Significant noncategorical

non-categorical industrial users must submit to the Control Authority at least once every six

months (on dates specified by the Control Authority) a description of the nature, concentration,

and flow of the pollutants required to be reported by the Control Authority. In cases where a

local limit requires compliance with a best management practice or pollution prevention

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alternative, the industrial user must submit documentation required by the Control Authority to

determine the compliance status of the industrial user. These reports must be based on sampling

and analysis performed in the period covered by the report, and performed in accordance with

the techniques described in 40 CFR 136, incorporated by reference at Section 310.107. Where

40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, or

where the Agency determines that the 40 CFR 136 sampling and analytical techniques are

inappropriate for the pollutant in question, sampling and analysis must be performed by using

validated analytical methods or any other applicable sampling and analytical procedures,

including procedures suggested by the POTW or other persons, approved by the Agency. Where

the POTW itself collects all the information required for the report, the noncategorical

significant industrial user will not be required to submit the report. For the purposes of this

Section, “significant noncategorical non-categorical industrial user” means a significant

industrial user that is not subject to categorical pretreatment standards.

BOARD NOTE: Derived from 40 CFR 403.12(h) (2003) (2005), as amended at 70 Fed. Reg.

60134 (Oct. 14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.612 Annual POTW Reports

POTWs with approved pretreatment programs must provide the Approval Authority with a

report that briefly describes the POTW’s program activities, including activities of all

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 must 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 must also list the industrial users that are

subject only to local requirements. The list must also identify industrial users that

are subject to categorical pretreatment standards and which are subject to reduced

reporting requirements under Section 310.605(c), and the list must identify which

industrial users are non-significant categorical industrial users.

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.

d) A summary of changes to the POTW’s pretreatment program that have not been

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previously reported to the Agency.

BOARD NOTE: Derived from 40 CFR 403.12(i) (2003) (2005), as amended at 70 Fed. Reg.

60134 (Oct. 14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.613 Notification of Changed Discharge

An industrial user must promptly notify the Control Authority (and the POTW if the POTW is

not the Control Authority) in advance of any substantial change in the volume or character of

pollutants in its discharge, including the listed or characteristic hazardous wastes for which the

industrial user has submitted initial notification under Section 310.635.

BOARD NOTE: Derived from 40 CFR 403.12(j) (2003) (2005), as amended at 70 Fed. Reg.

60134 (Oct. 14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.621 Compliance Schedule for POTWs

The following conditions and reporting requirements must apply to the compliance schedule for

development of an approvable POTW pretreatment program required by Section 310.501

through 310.510.

a) The schedule must contain increments of progress in the form of dates for the

commencement and completion of major events leading to the development and

implementation of a POTW pretreatment program (e.g., acquiring required

authorities, developing funding mechanisms, acquiring equipment);

b) No increment referred to in Section 310.621(a) must exceed nine months;

c) Not later than 14 days following each date in the schedule and the final date for

compliance, the POTW must submit a progress report to the Agency including as

a minimum, whether or not it complied with the increment of progress to be met

on such date and, if not, the date on which it expects to comply with this

increment of progress, the reason for delay, and the steps taken by the POTW to

return to the schedule established. In no event must more than nine months elapse

between such progress reports to the Agency.

BOARD NOTE: Derived from 40 CFR 403.12(h) (2003) 403.12(k) (2005), as amended at 70

Fed. Reg. 60134 (Oct. 14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

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Section 310.631 Signatory Requirements for Industrial User Reports

The reports required by Sections 310.602, 310.604, and 310.605 must include the certification

statement as set forth in Section 310.221(b)(2) and must be signed as follows:

a) By a responsible corporate officer, if the industrial user submitting the reports

required in Sections 310.602, 310.604, and 310.605 is a corporation. For the

purposes of this Section, a responsible corporate officer means one of the

following:

1) A president, secretary, treasurer, or vice-president of the corporation in

charge of a principal business function or any other person who performs

similar policy or decision-making functions for the corporation; or

2) The manager of one or more manufacturing, production, or operation

operating facilities employing more than 250 persons or having gross

annual sales or expenditures exceeding $25 million (in second quarter

1980 dollars) if, provided, the manager is authorized to make management

decisions that govern the operation of the regulated facility, including

having the explicit or implicit duty of making major capital investment

recommendations, and initiate and direct other comprehensive measures to

assure long-term environmental compliance with environmental laws and

regulations; can ensure that the necessary systems are established or

actions taken to gather complete and accurate information for control

mechanism requirements; and where authority to sign documents has been

assigned or delegated to the manager in accordance with corporate

procedures.

b) A general partner or proprietor, if the industrial user submitting the report

required by Sections 310.602, 310.604, and 310.605 is a partnership or sole

proprietorship, respectively.

c) A duly authorized representative of the individual designated in subsection (a) or

(b) of this Section, if:

1) The authorization is made in writing by the individual described in

subsection (a) or (b) of this Section;

2) The authorization specifies either an individual or a position having

responsibility for the overall operation of the facility from which the

industrial discharge originates, such as the position of plant manager,

operator of a well, well field superintendent, or a position of equivalent

responsibility or having overall responsibility for environmental matters

for the company; and

3) The written authorization is submitted to the Control Authority.

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d) If an authorization under subsection (c) of this Section is no longer accurate

because a different individual or position has responsibility for the overall

operation of the facility or overall responsibility for environmental matters for the

company, a new authorization satisfying the requirements of subsection (c) of this

Section must be submitted to the Control Authority prior to or together with any

reports to be signed by an authorized representative.

BOARD NOTE: Derived from 40 CFR 403.12(l) (2003) (2005), as amended at 70 Fed. Reg.

60134 (Oct. 14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.632 Signatory Requirements for POTW Reports

Reports submitted to the Agency by the POTW in accordance with Section 310.621 310.612

must be signed by a principal executive officer, ranking elected official, or other duly authorized

employee if such employee is responsible. The duly authorized employee must be an individual

or position having responsibility for the overall operation of the POTW facility or the

pretreatment program. This authorization must be made in writing by the principal executive

officer or ranking elected official and submitted to the Approval Authority prior to or together

with the report being submitted.

BOARD NOTE: Derived from 40 CFR 40 CFR 403.12(m) (2003) (2005), as amended at 70

Fed. Reg. 60134 (Oct. 14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.633 Fraud and False Statements

The reports required by this Subpart are subject to the provisions of Section 1001 of Crimes and

Criminal Procedure (18 USC 1001), incorporated by reference in Section 310.107, relating to

fraud and false statements; the provisions of section 309(c)(4) of the CWA (33 USC 1319(c)(4)),

incorporated by reference in Section 310.107(c), governing false statements, representations, or

certifications in reports required under the CWA; the provisions of section 309(c)(6) of the CWA

(33 USC 1319(c)(6)), incorporated by reference in Section 310.107(c), regarding responsible

corporate officers; and to the provisions of Title XII of the Act.

BOARD NOTE: Derived from 40 CFR 403.12(n) (2003) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.634 Recordkeeping Requirements

a) Any industrial user and POTW subject to the reporting requirements established

in this Subpart must maintain records of all information resulting from any

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monitoring activities required by this Subpart F, including documentation

associated with best management practices. Such records must include the

following information for all samples:

1) The date, exact place, method, and time of sampling, and the names of the

person or persons taking the samples;

2) The dates analyses were performed;

3) Who performed the analyses;

4) The analytical techniques/methods use; and

5) The results of such analyses.

b) Any industrial user or POTW subject to the reporting requirements established in

this Subpart F (including documentation associated with best management

practices) must be required to retain for a minimum of three years any records of

monitoring activities and results (whether or not such monitoring activities are

required by this Section) and must make such records available for inspection

and copying by the Agency (and POTW in the case of an industrial user). This

period of retention is extended during the course of any unresolved litigation

regarding the industrial user or POTW or when requested by the Agency.

c) Any POTW to which reports are submitted by an industrial user pursuant to

Sections 310.602, 310.604, 310.605, and 310.611 must retain such reports for a

minimum of three years and must make such reports available for inspection and

copying by the Agency. This period of retention must be extended during the

course of any unresolved litigation regarding the discharge of pollutants by the

industrial user or the operation of the POTW pretreatment program or when

requested by the Agency.

BOARD NOTE: Derived from 40 CFR 403.12(1) (2003) 403.12(o) (2005), as amended at 70

Fed. Reg. 60134 (Oct. 14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.636 Annual Certification by Non-Significant Categorical Users

A facility defined as a non-significant categorical industrial user in Section 310.110 must

annually submit the following certification statement, signed in accordance with the signatory

requirements in Section 310.631. The following certification must accompany any alternative

report required by the Control Authority:

Based on my inquiry of the person or persons directly responsible for managing

compliance with the categorical pretreatment standards under Subpart [Subpart number

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of the applicable national pretreatment standard] of 35 Ill. Adm. Code 307, I certify that,

to the best of my knowledge and belief that during the period from [insert beginning

month, day, year], to [insert ending month, day, year]:

(a) The facility described as [insert facility name] met the definition of a non-significant

categorical industrial user, as such is defined in 35 Ill. Adm. Code 310.110;

(b) The facility complied with all applicable pretreatment standards and requirements

during this reporting period; and

on any given day during this reporting period.

This compliance certification is based upon the following information: [insert the

information]

BOARD NOTE: Derived from 40 CFR 403.12(q), as added at 70 Fed. Reg. 60134 (Oct. 14,

2005).

(Source: Added at 30 Ill. Reg. ________, effective ______________________)

Section 310.637 Receiving Electronic Documents

A Control Authority that chooses to receive electronic documents must satisfy the requirements

of Section 310.106.

BOARD NOTE: Derived from 40 CFR 403.12(r), as added at 70 Fed. Reg. 59848 (Oct. 13,

2005).

(Source: Added at 30 Ill. Reg. ________, effective ______________________)

SUBPART G: FUNDAMENTALLY DIFFERENT FACTORS

Section 310.705 Factors that are Not Fundamentally Different

A FDF request or portion of such a request under this Subpart G must not be granted on any of

the following grounds:

a) The feasibility of installing the required waste treatment equipment within the

time the federal CWA (33 USC 1251 et seq.), incorporated by reference in

Section 310.107(c), allows;

b) The assertion that the standards cannot be achieved with the appropriate waste

treatment facilities installed, if such assertion is not based on factors listed in

Section 310.704;

125

c) The industrial user’s ability to pay for the required waste treatment; or

d) The impact of a discharge on the quality of the POTW’s receiving waters.

BOARD NOTE: Derived from 40 CFR 403.13(e) (2003) (2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

Section 310.711 Application Deadline

a) Request for an FDF determination and supporting information must be submitted

in writing to the Agency.

b) In order to be considered, requests for FDF determinations must be submitted

within the following time limits:

1) Prior to authorization of the Illinois program, FDF requests must be

directed to USEPA pursuant to 40 CFR 403.13 (2003).

2) For standards adopted by USEPA after authorization of the Illinois

pretreatment program, the industrial user must request an FDF

determination within 180 days after the Board adopts or incorporates the

standard by reference unless the user has requested a category

determination pursuant to Section 310.221.

c) Where the industrial user has requested a category determination pursuant to

Section 310.221, the user may elect to await the results of the category

determination before submitting a request for an FDF determination. Where the

user so elects, the user must submit the request within 30 days after a final

decision has been made on the categorical determination pursuant to Section

310.221(d).

BOARD NOTE: Derived from 40 CFR 403.13(g) (2003) (2005), as amended at 70 Fed. Reg.

60134 (Oct. 14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

SUBPART H: ADJUSTMENTS FOR POLLUTANTS IN INTAKE

Section 310.801 Net/Gross Calculation by USEPA

USEPA The Control Authority may adjust categorical pretreatment standards to reflect the

presence of pollutants in the industrial user’s intake water as provided in 40 CFR 403.15 (2003),

incorporated by reference in Section 310.107(b).

BOARD NOTE: Derived from 40 CFR 403.15 (2005), as amended at 70 Fed. Reg. 60134 (Oct.

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14, 2005).

(Source: Amended at 30 Ill. Reg. ________, effective ______________________)

SUBPART J: BYPASS

Section 310.912 Notice

a) If an industrial user knows in advance of the need for a bypass, it must submit

prior notice to the Control Authority, if possible at least 10 days before the date of

the bypass.

b) An industrial user must submit oral notice of an unanticipated bypass that exceeds

applicable pretreatment standards to the Control Authority within 24 hours from

the time the industrial user becomes aware of the bypass. A written submission

must also be provided within five days after the time the industrial user becomes

aware of the bypass. The written submission must contain the following:

1) A description of the bypass and its cause;

2) The duration of the bypass, including exact dates and times and; and

3) If the bypass has not been corrected, the anticipated time it is expected to

continue and the steps taken or planned to reduce, eliminate and prevent

reoccurrence of the bypass.

c) The Control Authority may waive the written report on a case-by-case basis if the

oral report has been received within 24 hours.

BOARD NOTE: Derived from 40 CFR 403.17(c) (2003) (2005).

(Source: Amended at 30 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 August 4, 2006, by a vote of 4-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board