BEFORE THE ILLINOIS POLLUTION CONTROL BOAROLERK'S

RECEIVEDOFFICE

OCT 2 3 2006

IN THE MATTER OF :

STATE OF ILLINOIS

)

Pollution Control Board

PROPOSED AMENDMENTS TO

:

35 IIl . Adm . Code 302 .102(b)(6), 302 .102(b)(8)

)

302.102(b)(10),

302 .208(g), 309 .103(c)(3),

R07-

Co

)

(Rulemaking - Water)

405 .109(b)(2)(A), 405

.109(b)(2)(B), 406 .100(d);

)

REPEALED 35 Ill . Adm. Code 406 .203, PART 407

; and

)

PROPOSED NEW 35 Ill . Adm. Code 302 .208(h)

)

NOTICE OF FILING

Dorothy Gunn, Clerk

Virginia Yang

Pollution Control Board

Deputy Legal Counsel

100 West Randolph Street

Illinois Department of Natural Resources

Suite 11-500

One Natural Resources Way

Chicago, Illinois 60601

Springfield, Illinois 62702-1271

Mathew Dunn, Chief

Division of Environmental Enforcement

Office of the Attorney General

188 West Randolph Street, 20 th Floor

Chicago, Illinois 60601

PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the Pollution Control

Board the AGENCY REGULATORY PROPOSAL, MOTION FOR ACCEPTANCE, AND

APPEARANCE of the Illinois Environmental Protection Agency, a copy of which is herewith served

upon you.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Springfield, Illinois 62794-9276

(217) 782-5544

THIS FILING PRINTED ON RECYCLED PAPER

BySanjay

:

K . Sofat

47-V

Assistant Counsel

Division of Legal Counsel

Dated: October 18, 2006

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

RECEIVED

CLERK'S OFFICE

OCT

2 3 2006

IN THE MATTER OF :

)

PollutionTE oOF

n Control

LINOIS

PROPOSED AMENDMENTS TO

:

)

35 111 . Adm. Code 302 .102(b)(6), 302 .102(b)(8)

)

302.102(b)(10),

302

.208(g), 309 .103(c)(3),

R07-

U

)

(Rulemaking - Water)

405.109(b)(2)(A), 405 .109(b)(2)(B), 406

.100(d);

)

REPEALED 35 III . Adm . Code 406

.203, PART 407 ; and

)

PROPOSED NEW 35 III . Adm . Code 302 .208(h)

)

APPEARANCE

The undersigned, as one of its attorneys, hereby enters his

APPEARANCE on behalf of

Respondent, Illinois Environmental Protection Agency

.

ILLINOIS ENVIRONMENTALPROTECTION AGENCY

By:

Sanjay K

. Sofat

Assistant Counsel

Division of Legal Counsel

DATED : October 18, 2006

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

THIS FILING PRINTED ON RECYCLED PAPER

2

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOAR%ERK,EIIVI

ED

OCT 2 3 2006

Pollution

STATE OF

Control

ILLINOIS

Board

R07- D0

(Rulemaking - Water)

IN THE MATTER OF

:

)

PROPOSED AMENDMENTS TO

:

35 III . Adm. Code 302

.102(b)(6), 302 .102(b)(8)

302.102(b)(10),

302 .208(g), 309.103(c)(3),

405

.109(b)(2)(A), 405 .109(b)(2)(B), 406.100(d)

;

REPEALED 35 Ill

. Adm . Code 406 .203, PART 407

; and

PROPOSED NEW 35 111 . Adm

. Code 302.208(h)

MOTION FOR ACCEPTANCE

NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA" or "Agency"),

by and through its attorney, Sanjay K

. Sofat, and pursuant to 35 Ill

. Adm. Code 102

.106, 102 .200,

and 102.202,

moves that the Illinois Pollution Control Board ("Board") accept for hearing the

Illinois EPA's proposal for amendments to 35 Ill

. Adm. Code Part 302, 309, 405, 406, and 407

.

This regulatory proposal includes

:

1

. Notice of Filing;

2

. Appearance of Attorney for the Illinois Environmental Protection Agency

;

3

. Director Scott's Statement of Submittal

;

4

. Certification of Origination ;

5 . Statement of Reasons and Exhibits

;

6

. Agency Analysis of Economic and Budgetary Effects of Proposed Rulemaking

;

7

. Notice of Proposal and Proposed Amendments

;

8

. Computer disc containing Notice of Proposal and Proposed Amendments

; and

9

. Proof of Service .

3

---

DATED : October 18, 2006

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

THIS FILING PRINTED ON RECYCLED PAPER

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

By :

Sanjay K Sofat

Assistant Counsel

Division of Legal Counsel

4

---

BEFORE THE ILLINOIS POLLUTION CONTROL

BO

CLERK'S

CEIVED

OFFICE

OCT 2 3 2006

Polut

on Control Board

R07-(Rulemaking

O 0

A

- Water)

IN THE MATTER OF :

)

PROPOSED AMENDMENTS TO :

35 Ill . Adm . Code 302 .102(b)(6), 302 .102(b)(8)

302.102(b)(10), 302

.208(g), 309 .103(c)(3),

405 .109(b)(2)(A), 405 .109(b)(2)(B), 406 .100(d);

REPEALED 35 Ill . Adm. Code 406 .203, PART 407 ; and

PROPOSED NEW 35 Ill . Adm. Code 302 .208(h)

AGENCY PROPOSAL OF REGULATIONS

Pursuant to Section 27 of the Illinois Environmental Protection Act (415 ILCS 5/27), the

Illinois Environmental Protection Agency hereby moves the Illinois Pollution Control Board to

adopt the attached proposed regulations .

Respectfully Submitted,

DATED : October 18, 2006

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P

.O

. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

THIS FILING PRINTED ON RECYCLED PAPER

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

B

Douglas P . Scott

Director

5

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOAC E I V E D

CLERK'S

OFFICE

OCT 2 3 2006

Pollution

STATE OF

Control

ILLINOISBoaro

R07-/~(RulerI

aking

v

- Water)

IN THE MATTER OF :

)

PROPOSED AMENDMENTS TO :

35111

. Adm. Code 302 .102(b)(6), 302 .102(b)(8)

302.102(b)(10), 302

.208(g), 309 .103(c)(3),

405.109(b)(2)(A), 405 .109(b)(2)(B), 406

.100(d) ;

REPEALED 35 Ill . Adm. Code 406 .203, PART 407

; and

PROPOSED NEW 35 111

. Adm . Code 302 .208(h)

CERTIFICATION OF ORIGINATION

NOW COMES the Illinois Environmental Protection Agency to certify in accordance with

35 Ill . Adm. Code 102

.202(1) that this proposal amends the most recent version of the Parts 302,

309, 405, 406, and 407 of the Pollution Control Board's regulations, as published on the Board's

web site, http ://www.ipcb .state.il

.us/SLR/IPCBandIEPAEnvironnlentalRegulations-Title35

.asp .

Respectfully Submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

B

Sanjay K . Sofat

Assistant Counsel

Division of Legal Counsel

DATED : October 18, 2006

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P .O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

THIS FILING PRINTED ON RECYCLED PAPER

6

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD'

RE~~C~EIVED

OCT 2 3 2006

Pollution

STATE OF

Control

ILLINOIS

Board

(RulemakingR07-

U V

9

- Water)

IN THE MATTER OF :

)

PROPOSED AMENDMENTS TO :

35 Ill . Adm . Code 302 .102(b)(6), 302 .102(b)(8)

302 .102(b)(10), 302 .208(g), 309.103(c)(3),

405 .109(b)(2)(A), 405 .109(b)(2)(B), 406 .100(d) ;

REPEALED 35 Ill . Adm. Code 406

.203, PART 407 ; and

PROPOSED NEW 35 III . Adm . Code 302 .208(h)

STATEMENT OF REASONS

The Illinois Environmental Protection Agency ("Illinois EPA") hereby submits its Statement

of Reasons for the above captioned proceeding to the Illinois Pollution Control Board ("Board")

pursuant to Section 27 of the Illinois Environmental Protection Act

("Act"), 415 ILCS 5/27 (2006),

and 35 Ill . Adm. Code 102 .106, 102

.200, and 102 .202.

I.

Statutory Basis

Pursuant to the Federal Water Pollution Control Act, 33 U .S.C

. §§ 1251-1387 (1987), also

known as the Clean Water Act ("CWA") §§101-607, states are required to revise and update their

water quality standards to ensure that standards are protective of public health and welfare, enhance

the quality of water and promote the purposes of the CWA . 33 U.S.C. §1 313(c)(2)(A) . In

establishing new and revised standards, the State must consider the waters use and value for public

water supplies, propagation of fish and wildlife, recreational purposes, and agricultural, industrial,

and navigational purposes . 33 U .S .C . §1313(c)(2)(A) . The process of reviewing a state's standards

is commonly known as a "triennial water quality standards" review

. 33 U .S.C. §1313(c)(1) .

The Illinois EPA's proposal refines the numeric water quality standard for sulfate found at

7

---

35 Ill . Adm. Code 302

.208 based on the best available scientific knowledge

. The Board has the

authority under the Act to adopt such regulations

. In promulgating the regulations under this

section, the Board is required to consider, "the existing physical conditions

. . .

the nature of the

existing air quality, or receiving body of water, as the case may be, and the technical feasibility and

economic reasonableness of measuring or reducing the particular type of pollution

." 415 ILCS

5/27(a) (2006)

. The generality of this grant of the authority shall only be limited by the

specifications of particular classes of regulations elsewhere in this Act

. Id.

II.

Introduction

The Board adopted water quality standards for sulfate and total dissolved solids

("TDS") in

1972 to protect aquatic life and agricultural uses without scientific studies to determine appropriate

values.

See In the Matter Water Quality Standards Revisions, R 71-14

. This presented difficult

compliance issues for coal mines whose effluents are often high in sulfate

. Thus, the Board adopted

standards for sulfate and chloride for mine discharges

. See 35 Ill . Adm

. Code Subtitle D . In order

to remedy the deficiency in the 1972 rulemaking and provide a scientific justification for sulfate

water quality standards, the Illinois EPA engaged in a multi-year project researching the toxicity of

sulfate to aquatic life and livestock .

This proposal sets forth the conclusion of those studies and proposes changes to the sulfate

water quality standard

. More specifically, the proposal contains

: 1) a new sulfate General Use

water quality standard that is based on scientific research and is protective of aquatic life and

livestock watering uses

; 2) deletion of the TDS water quality standard as the standard is unnecessary

for the protection of aquatic life

; 3) changes to the Board's mixing regulations to permit allowed

mixing in 7Q1

. I zero flow streams to dischargers that can demonstrate attainment of water quality

standards whenever discharge occurs

; 4) changes to the Board's Subtitle D regulations to ensure that

8

---

sulfate limits in mine NPDES permits are based on the Subtitle C General Use water quality

standards .

A.

Purpose and Effect of Regulatory Proposal

As discussed above, the purpose of this proposal is to fulfill the requirements of Section

303(c) of the Clean Water Act, which requires that states must from time to time, at least once every

three years, review water quality standards to ensure that these standards are based on the most

current information and are protective of the designated uses of waters of the state

. Also, this

proposal recommends changes to the Board's mixing zone and Subtitle D regulations

. Specifically,

the proposal contains the following amendments

:

I.

Sulfate Aquatic Life Water Quality Standard

:

As a result of extensive research to gather

existing information on sulfate aquatic toxicity, the Agency found that the available data

is not adequate to derive a standard

. To supplement the available information, the

Agency commissioned new studies with augmented sponsorship from the USEPA and

Illinois Coal Association

. This new research into sulfate toxicity found that high sulfate

concentrations pose the problem of osmotic (salt) imbalance for aquatic organisms

.

Many organisms, including all fish tested and some invertebrates, are very tolerant of

sulfate

. Other species, including the invertebrate water fleas

(Daphnia and

Ceriodaphnia) and scud

(Hyalella),

are less tolerant of high sulfate conditions

. Unlike

many toxicants that exert toxic effects over both short and long term periods (acute and

chronic toxicity), sulfate has been demonstrated to affect only short term survival of

organisms

. The new research also found that two common constituents of water,

chloride and hardness, are important in the mitigation of osmotic imbalance leading to

sulfate toxicity .

9

---

Based on these findings, the researcher, Dr . David Soucek of the Illinois Natural

History Survey, developed equations to determine non-toxic amounts of sulfate at

various concentrations of hardness and chloride in a water body. Under the Agency's

proposal, allowable sulfate concentrations will vary from 500 milligram per liter

("mg/L") for soft or low chloride waters to over 2,500 mg/L in hard waters of average

chloride concentration

. The aquatic life based sulfate standards are proposed as

concentrations not be exceeded at any time .

II.

Sulfate Livestock Watering Water Quality Standard : As a result of extensive literature

review, the Agency also determined that an updated sulfate standard for protection of

livestock watering was appropriate . The Agency, based on the review of literature, found

that livestock are capable of withstanding sulfate concentrations that are on average

higher than the proposed aquatic life standards . Hardness and chloride concentrations

are irrelevant to sulfate impacts on livestock . Studies suggest that extended exposures to

drinking waters high in sulfate may lead to weight loss, disease, and death of livestock,

warranting a chronic standard . The Agency is, thus, proposing a chronic sulfate standard

of 2,000 mg/L where livestock watering uses are present

. The Agency considers this

standard protective of livestock watering as surface waters supporting this concentration

will not lead to adverse effects on livestock or economic effects to livestock operations

.

The Agency believes that, in many waters, aquatic life based standards will require that

sulfate concentrations are maintained below the 2,000 mg/L livestock standard .

However, for waters where the calculated aquatic life sulfate standard is above 2,000

mg/L, a 30 day or longer average sulfate standard of 2,000 mg/L will apply for protection

of livestock in waters used for livestock watering purposes .

Ill

.

TDS Water Quality-Standard :

The Agency is proposing to delete the TDS water quality

10

---

standard from Section 302 .208 of the Board regulations. TDS is the sum of dissolved

substances in water and is dominated by the common ions of sulfate, chloride, sodium,

calcium, carbonate, and magnesium in various proportions . The Agency's investigations

into sulfate toxicity discovered that the existing TDS standard is unnecessary as the

toxicity of each constituent, rather than the sum, is the essential factor ensuring

protection of aquatic life

. With toxicity based sulfate and chloride standards in force, a

TDS standard is unnecessary as it is incapable of predicting the threshold of adverse

effects to aquatic life .

IV.

Changes to the Board's Mixing Regulations at 35111 . Adm. Code 302 .102: The

Agency's proposal amends the mixing regulations to allow mixing in 7Q1

.1 zero flow

streams if adequate upstream dilution exists in the receiving stream at the time of

discharge . The concept presented in the proposed changes is consistent with the

Agency's current practices

. For the past few years, the Agency has been granting wet

weather discharges allowed mixing for sulfate and chloride depending upon the upstream

flows. The Agency's experience has been that most high sulfate mine discharges occur

during wet weather events . At mines, the best degree of treatment is provided by

collecting site drainage, which is relatively high in suspended sediments, into treatment

ponds where settling occurs . The treated water is then discharged into water bodies

where a significant amount of water from the un-mined watershed also enters the stream

during the discharge, thus providing the necessary dilution to ensure compliance with

applicable standards .

V . Changes to Subtitle D of the Board's Regulations : The Agency is proposing to delete

those provisions of Subtitle D that address separate water quality standards for sulfates

and chlorides. Under the Agency's proposal, limits in mine permits are based on the

11

---

Subtitle C water quality standards for sulfates and chlorides, in lieu of the Subtitle D

standards . As a housekeeping measure, the Agency is proposing to delete an outdated

portion, Part 407, of the Board's Subtitle D regulations .

The proposed changes to water quality standards in the Agency's proposal are based on

sound science and assure the protection of designated uses of waters of the State . These science-

based standards will benefit discharges of sulfate or other dissolved salts that are not amenable to

treatment

.

B .

Facts in Support

A detailed discussion of the facts supporting the Agency's proposal is provided in

Attachment I .

III.

Public Participation

The first of two stakeholders meetings was held in Springfield on January 29, 2004 . It was

attended by representatives of mining companies, industrial and municipal dischargers,

governmental agencies and environmental advocacy groups

. The Agency endeavored to thoroughly

explain its proposal regarding sulfate and total dissolved standards, and mixing zones at this

meeting. The second stakeholder meeting was also held in Springfield on April 29, 2006 . At the

meeting, the Agency emphasized the work of the Sulfate Workgroup, the panel of State and federal

scientists, mining companies, and environmental groups, instrumental in developing the proposed

standards . After the meeting, all attendees were sent the draft regulatory language and justification

documents for their comments . The Agency received several comments from the participants . The

Agency sincerely thanks the participants for their efforts . On July 31, 2006, the Agency sent an

updated draft of the regulatory language including an explanation of each change to the Board's

12

---

regulations to the stakeholders .

IV .

Technical Feasibility and Economic Justification

The Agency recommends science-based standards for sulfate and total dissolved solids, and

updates certain provisions of the mixing zone regulations

. Also, the proposal eliminates the

alternate water quality standards for sulfates and chlorides in the Subtitle D regulations that are

applicable to mine discharges

. For most dischargers, the new sulfate and total dissolved solids

standards will allow attainment of water quality standards without the implementation of additional

management practices or process alternatives . A significant majority of discharges would meet the

applicable permit limits with the help of ongoing and routine control measures

. Mines must

continue to optimize the best management practices to discourage the formation of sulfates and the

erosion of soils that contribute this substance to wastewaters . Industrial dischargers must continue

to seek alternatives to reduce the discharge of sulfates in new or expanded discharges according to

the antidegradation standard .

The Agency anticipates that the proposal would require a small number of existing mines to

employ additional controls to meet water quality based permit limits

. As described in this petition,

the Illinois EPA has been proactive in getting information to these dischargers that will help achieve

compliance

. Dr

. Chugh of Southern Illinois University at Carbondale has been leading seminars on

the management of mine wastes that will decrease sulfate and other pollutants .

The Illinois EPA further anticipates that the new standards will eliminate virtually all

petitions for site-specific water quality standard relief concerning sulfate and total dissolved solids

from industrial and municipal dischargers . This is a significant cost savings for those entities as

well as to the Agency and Board, which together as the representatives of state government must

hear and respond to these petitions . New mines should not have to request for relief because sulfate

13

---

levels can be planned for in the mine design and controlled accordingly . The cost of this planning

and design must be considered to be the normal and expected cost of providing best management

practices .

V.

Synopsis

of Testimony

During the Board's proceedings in this matter, the Illinois EPA will present three witnesses

in support of the proposed rulemaking

: Toby Frevert is the Manager of the Division of Water

Pollution within the Bureau of Water of the Illinois Environmental Protection Agency

. Mr. Frevert

has been with the Illinois EPA in excess of 30 years

. He will testify on the policy related issues

concerning the proposed rulemaking .

Bob Mosher is the Supervisor of the Water Quality Standards Unit within the Division of

Water Pollution Control . His duties include : the development of water quality standards and the

implementation of these standards in the Agency programs including the NPDES permit process .

Mr

. Mosher has been with the Agency for nearly 21 years . He is an aquatic biologist by training .

Mr. Mosher will testify regarding the proposed modifications to the Board's mixing regulations and

Subtitle D regulations . He will also testify regarding the development process in establishing the

proposed sulfate standard .

Brian Koch is an Environmental Protection Specialist working in the Water Quality

Standards section of the Agency . Mr

. Koch's primary responsibility is to derive toxicity-based

water quality criteria in support of the Permit and Surface Water sections of the Agency . He has a

B.A . and M .S

. in Zoology from Southern Illinois University of Carbondale and has been with the

Agency for nearly one year

. He is an aquatic biologist and toxicologist by training . He will testify

on the issues related to development of the livestock use sulfate standard and equation for the

aquatic life use sulfate standard .

14

---

numerical national water quality criteria for the protection of aquatic

organisms and their uses . PB85-227049 .

Exhibit M :

Toxicity values and references for data deemed acceptable for water quality

criteria derivation .

Exhibit N :

Goodfellow, W .L., L.W. Ausley, D .T. Burton, D .L. Denton, P .B . Dorn, D .R.

Grothe, M .A . Heber, T.J. Norberg-King, and J.H. Rodgers, Jr. 2000. Major

ion toxicity in effluents : a review with permitting recommendations .

Environmental Toxicology and Chemistry, 19:175-182 .

Exhibit 0

:

Mount, D.R., D.D. Gulley, J .R. Hackett, T .D. Garrison, and J .M . Evans .

1997. Statistical models to predict the toxicity of major ions to Ceriodaphnia

dubia, Daphnia magna and Pimephales promelas (Fathead Minnows) .

Environmental Toxicology and Chemistry, 16(10) :2009-2019 .

Exhibit P :

Sulfate toxicity data from research conducted by Dr. Soucek .

Exhibit Q :

Soucek, D .J. 2004a. Effects of hardness, chloride, and acclimation on the

acute toxicity of sulfate to freshwater invertebrates . Illinois Natural History

Survey. Final Report submitted to Illinois Environmental Protection Agency

and Illinois Coal Association.

Exhibit R :

Soucek, D .J. 2004b

. Effects of water quality on acute and chronic toxicity of

sulfate to freshwater bivalves,

Ceriodaphnia dubia, and Hyalella azteca .

Illinois Natural History Survey . First Quarterly Report submitted to U .S .

Environmental Protection Agency, Region 5 .

Exhibit S :

Soucek, D .J. 2005a. Effects of water quality on acute and chronic toxicity of

sulfate to freshwater bivalves, Ceriodaphnia dubia, and Hyalella azteca .

Illinois Natural History Survey . Second Quarterly Report submitted to U .S .

Environmental Protection Agency, Region 5 .

Exhibit T:

Soucek, D .J. 2005b . Effects of water quality on acute and chronic toxicity of

sulfate to freshwater bivalves, Ceriodaphnia dubia, and Hyalella azteca

.

Illinois Natural History Survey . Third Quarterly Report submitted to U .S.

Environmental Protection Agency, Region 5 .

Exhibit U :

Soucek, D .J

. 2006 . Effects of water quality on acute and chronic toxicity of

sulfate to freshwater bivalves, Ceriodaphnia dubia, and Hyalella azteca .

Illinois Natural History Survey . Final Report submitted to U.S.

Environmental Protection Agency, Region 5

. CP96543701-0 .

Exhibit V : Maximum allowable concentrations of sulfate at various concentrations of

hardness and chloride calculated from equations proposed as water quality

standards .

THIS FILING PRINTED ON RECYCLED PAPER

16

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VI.

Supporting Documents

33 USC § 1313

Attachment 1

:

Facts in Support of Changing Water Quality Standards for Sulfate, Total

Dissolved Solids, and Mixing Zones .

Exhibit A :

American Public Health Association . 1989 . Standard Methods for the

Examination of Water and Wastewater, 17'h ed ., Washington, D.C.,

variously

paged.

Exhibit B

:

Critical hardness values calculated from Ambient Water Quality Monitoring

Network sites .

Exhibit C : McKee, J .E . and H .W . Wolf 1963 . Water Quality Criteria, 2"d

ed., The

Resources Agency of California, California State Water Quality Control

Board, Sacramento, CA . Publication No . 3-A, 548 p .

Exhibit D :

Summary of sulfate and TDS standards from neighboring states .

Exhibit E :

Literature review of the adverse effects of sulfates on livestock

.

Exhibit F :

Weeth, H .J . and D.L. Capps. 1972

. Tolerance of growing cattle for sulfate-

water. Journal ofAnimal Science .

34(2):256-260

.

Exhibit G :

Loneragan, G .H ., J .J. Wagner, D .H . Gould, F .B . Garry, and M

.A. Thoren,

2001, Effects of water sulfate concentration on performance, water intake,

and carcass characteristics of feedlot steers .

Journal ofAnimal Science,

79:2941-2948

.

Exhibit H :

Braul, L. and B . Kirychuk . 2001 . Water Quality and Cattle

. Prairie Farm

Rehabilitation Office, Agriculture and Agri-Food Canada

. Publication ENH-

1 11-2001-10 .

Exhibit 1 :

Patterson, H.H., P.S. Johnson, E.H. Ward, and R

.N. Gates. 2004 . Effects of

sulfates in water on performance of cow-calf pairs

. Proceedings, Western

Section, American Society ofAnimal Science

. 55 :265-268 .

Exhibit J :

Patterson, H .H ., P.S . Johnson, T .R. Patterson, D .B . Young, and R

. Haigh

.

2002 . Effects of water quality on performance and health of growing steers

.

Proceedings, Western Section, American Society ofAnimal Science . 53 :217-

220 .

Exhibit K :

List of all sulfate studies on aquatic life, along with a brief comment

regarding the acceptability of each study .

Exhibit L:

U .S. Environmental Protection Agency . 1985 . Guidelines for deriving

15

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RECEIVEDCLERK'S

OFFICE

ILLINOIS REGISTER OCT 2 3 2fl06

POLLUTION CONTROL BOARD

Pollution

STATE OF

Control

ILLINOISBoard

NOTICE OF PROPOSED AMENDMENTS

1)

Heading of Part

:

Water Quality Standards

2)

Code Citation :

35 111 . Adm. Code 302

3)

Section Number

:

302.102(b)(6)

302

.102(b)(8)

302.102(b)(10)

302 .208(g)

302 .208(h)

Proposed Action:

Amended

Amended

Amended

Amended

New

4)

Statutory Authority

415 ILCS 5/13 and 27

5)

A Complete Description of the Subjects and Issues Involved

:

The proposed amendments are part of a proceeding entitled, In the Matter of

: Proposed '

Amendments To : 35111

. Adm. Code 302

.102(b)(6), 302 .102(b)(8), 302 .102(b)(10),

302.208(g),

309 .103(c)(3), 405

.109(b)(2)(A), 405 .109(b)(2)(B), 406

.100(d) ; Repealed 35

Ill . Adm. Code 406

.203, PART 407

; and Proposed New 35 Ill . Adm

. Code 302 .208(h).

Other related amendments are proposed in Parts 309, 405, 406 and 407, and are contained

in separate notices pertaining to those Parts

. Section 302

.102 is amended to allow mixing

in 7Q1

.1 zero flow streams where adequate upstream dilution exists in the receiving

stream at the time of discharge

. Section 302

.208(g) is amended to delete numeric water

quality standards for sulfate and total dissolved solids

("TDS")

.

A new Section

302.208(h)

is proposed to provide for a sulfate water quality standard that is protective of

aquatic life and livestock watering uses

.

6)

Will this proposed amendment replace an emergency amendment currently in effect?

Yes XNo

7)

Does this rulemaking contain an automatic repeal date?

Yes X No

8)

Does this proposed amendment contain incorporations by reference?

Yes XNo

9)

Are there any other proposed amendments pending on this part?

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Yes X No

10)

Statement of State wide Policy Objectives :

This proposed amendment is consistent with the policy objectives set out in the

Environmental Protection Act, 415 II-CS 5/1

et seq .

11)

Time, Place and Manner in which interested persons may comment on this proposed

rulemaking

:

The Board will accept written public comment on this proposal for a period of 45 days

after the date of this publication

. Comments should reference Docket R07-

and be

addressed to :

Ms. Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R

. Thompson Center, Suite 11-500

100 West Randolph Street

Chicago, Illinois 60601

12)

Initial Regulatory Flexibility Analysis:

A)

Types of small business affected :

Anyone proposing to discharge particular contaminates into waters of the state

.

B)

Reporting, book keeping or other procedures required for compliance

:

No additional reporting and record keeping requirements are imposed beyond

those necessary for compliance with the existing regulations

.

C)

Types of professional skills necessary for compliance

:

No additional professional skills are required beyond those necessary for

compliance with the existing regulations

.

The full text of the Proposed Amendments begins on the next page

:

---

TITLE 35

: ENVIRONMENTAL PROTECTION

SUBTITLE C

: WATER POLLUTION

CHAPTER I :

POLLUTION CONTROL BOARD

PART 302

WATER QUALITY STANDARDS

SUBPART

A: GENERAL WATER QUALITY PROVISIONS

Section

302 .100

Definitions

302 .101

Scope and Applicability

302 .102

Allowed Mixing, Mixing Zones and ZIDs

302 .103

Stream Flows

302.104

Main River Temperatures

302 .105

Antidegradation

SUBPART B

: GENERAL USE WATER

QUALITY STANDARDS

Section

302 .201

Scope and Applicability

302 .202

Purpose

302 .203

Offensive Conditions

302.204

pH

302

.205

Phosphorus

302.206

Dissolved Oxygen

302.207

Radioactivity

302.208

Numeric Standards for Chemical Constituents

302 .209

Fecal Coliform

302.210

Other Toxic Substances

302.211

Temperature

302 .212

Total Ammonia Nitrogen

302.213

Effluent Modified Waters (Ammonia)(Repealed)

SUBPART C

: PUBLIC AND FOOD PROCESSING WATER SUPPLY

STANDARDS

Section

302.301

Scope and Applicability

302 .302

Algicide Permits

302.303

Finished Water Standards

302.304

Chemical Constituents

302 .305

Other Contaminants

302.306

Fecal Coliform

---

SUBPART D : SECONDARY CONTACT AND INDIGENOUS AQUATIC LIFE

STANDARDS

Section

302.401

Scope and Applicability

302.402

Purpose

302 .403

Unnatural Sludge

302.404

pH

302.405

Dissolved Oxygen

302.406

Fecal Coliform (Repealed)

302 .407

Chemical Constituents

302 .408

Temperature

302 .409

Cyanide

302.410

Substances Toxic to Aquatic Life

SUBPART E : LAKE MICHIGAN BASIN WATER QUALITY STANDARDS

Section

302.501

Scope, Applicability, and Definitions

302 .502

Dissolved Oxygen

302 .503

pH

302 .504

Chemical Constituents

302 .505

Fecal Coliform

302 .506

Temperature

302 .507

Thermal Standards for Existing Sources on January 1, 1971

302.508

Thermal Standards for Sources Under Construction But Not In Operation

on January 1, 1971

302 .509

Other Sources

302.510

Incorporations by Reference

302.515

Offensive Conditions

302.520

Regulation and Designation of Bioaccumulative Chemicals of Concern

(BCCs)

302.521

Supplemental Antidegradation Provisions for Bioaccumulative Chemicals

of Concern (BCCs)

302 .525

Radioactivity

302 .530

Supplemental Mixing Provisions for Bioaccumulative Chemicals of

Concern (BCCs)

302 .535

Ammonia Nitrogen

302.540

Other Toxic Substances

302 .545

Data Requirements

302 .550

Analytical Testing

302.553

Determining the Lake Michigan Aquatic Toxicity Criteria or Values -

General Procedures

302 .555

Determining the Tier I Lake Michigan Acute Aquatic Toxicity Criterion

(LMAATC)

: Independent of Water Chemistry

---

302.560

Determining the Tier I Lake Michigan Basin Acute Aquatic Life Toxicity

Criterion (LMAATC) : Dependent on Water Chemistry

302 .563

Determining the Tier II Lake Michigan Basin Acute Aquatic Life Toxicity

Value (LMAATV)

302.565

Determining the Lake Michigan Basin Chronic Aquatic Life Toxicity

Criterion (LMCATC) or the Lake Michigan Basin Chronic Aquatic Life

Toxicity Value (LMCATV)

302 .570

Procedures for Deriving Bioaccumulation Factors for the Lake Michigan

Basin

302.575

Procedures for Deriving Tier I Water Quality Criteria and Values in the

Lake Michigan Basin to Protect Wildlife

302

.580

Procedures for Deriving Water Quality Criteria and Values in the Lake

Michigan Basin to Protect Human Health - General

302.585

Procedures for Determining the Lake Michigan Basin Human Health

Threshold Criterion (LMHHTC) and the Lake Michigan Basin Human

Health Threshold Value (LMHHTV)

302.590

Procedures for Determining the Lake Michigan Basin Human Health

Nonthreshold Criterion (LMHHNC) or the Lake Michigan Basin Human

Health Nonthreshold Value (LMHHNV)

302.595

Listing of Bioaccumulative Chemicals of Concern, Derived Criteria and

Values

SUBPART F: PROCEDURES FOR DETERMINING WATER QUALITY

CRITERIA

Section

302 .601

Scope and Applicability

302.603

Definitions

302.604

Mathematical Abbreviations

302.606

Data Requirements

302.612

Determining the Acute Aquatic Toxicity Criterion for an Individual

Substance - General Procedures

302 .615

Determining the Acute Aquatic Toxicity Criterion - Toxicity Independent

of Water Chemistry

302 .618

Determining the Acute Aquatic Toxicity Criterion -

Tox city Dependent

on Water Chemistry

302.621

Determining the Acute Aquatic Toxicity Criterion - Procedure for

Combinations of Substances

302.627

Determining the Chronic Aquatic Toxicity Criterion for an Individual

Substance - General Procedures

302.630

Determining the Chronic Aquatic Toxicity Criterion - Procedure for

Combinations of Substances

302 .633

The Wild and Domestic Animal Protection Criterion

302 .642

The Human Threshold Criterion

302 .645

Determining the Acceptable Daily Intake

---

302.648

Determining the Human Threshold Criterion

302.651

The Human Nonthreshold Criterion

302.654

Determining the Risk Associated Intake

302.657

Determining the Human Nonthreshold Criterion

302 .658

Stream Flow for Application of Human Nonthreshold Criterion

302 .660

Bioconcentration Factor

302.663

Determination of Bioconcentration Factor

302.666

Utilizing the Bioconcentration Factor

302.669

Listing of Derived Criteria

APPENDIX A References to Previous Rules

APPENDIX B Sources of Codified Sections

APPENDIX C

Maximum total ammonia nitrogen concentrat ons allowable for certain

combinations of pH and temperature

TABLE A

pH-Dependent Values of the AS (Acute Standard)

TABLE B

Temperature and pH-Dependent Values of the CS (Chronic

Standard) for Fish Early Life Stages Absent

TABLE C

Temperature and pH-Dependent Values of the CS (Chronic Standard)

for Fish Early Life Stages Present

AUTHORITY : Implementing Section 13 and authorized by Sections 11(b) and 27 of the

Environmental Protection Act [415 ILCS 5/13, 11(b), and 27]

SOURCE: Filed with the Secretary of State January 1, 1978

; amended at 2111 . Reg . 44, p .

151, effective November 2, 1978 ; amended at 3111 . Reg. 20, p. 95, effective May 17,

1979 ; amended at 3 Ill . Reg . 25, p. 190, effective June 21, 1979 ; codified at 6111 . Reg .

7818 ; amended at 6 Ill . Reg. 11161, effective September 7,1982

; amended at 6 I11 . Reg.

13750, effective October 26, 1982 ; amended at 8111 . Reg

. 1629, effective January

18,

1984

; peremptory amendments at 10111 . Reg. 461, effective December 23, 1985 ;

amended at R87-27 at 12111 . Reg . 9911, effective May 27, 1988 ; amended at R85-29 at

12111 . Reg. 12082, effective July 11, 1988 ; amended in R88-1 at 13111 . Reg. 5998,

effective April 18, 1989 ; amended in R88-21(A) at 14 Ill . Reg . 2899, effective February

13, 1990

; amended in R88-21(B) at 14I11 . Reg. 11974, effective July 9, 1990 ; amended in

R94-1(A) at 20111 . Reg . 7682, effective May 24, 1996

; amended in R94-1(B) at 21111.

Reg. 370, effective December 23, 1996 ; expedited correction at 21111 . Reg

. 6273,

effective December 23, 1996 ; amended in R97-25 at 22111 . Reg . 1356, effective

December 24,1997 ; amended in R99-8 at 23 111

. Reg. 11249, effective August 26,1999 ;

amended in R01-13 at 26111 . Reg. 3505, effective February 22, 2002

; amended in R02-19

at 26111

. Reg. 16931, effective November 8, 2002 ; amended in R02-11 at 27111 . Reg.

166,

effective December 20, 2002, amended in

at Ill . Reg .

, effective , 2007

.

SUBPART A:

GENERAL WATER QUALITY PROVISIONS

---

Section 302

.102

Allowed Mixing, Mixing Zones and ZIDs

a)

Whenever a water quality standard is more restrictive than its

corresponding effluent standard, or where there is no corresponding

effluent standard specified at 35 111 . Adm

. Code 304, an opportunity shall

be allowed for compliance with 35111

. Adm. Code 304

.105 by mixture of

an effluent with its receiving waters, provided the discharger has made

every effort to comply with the requirements of 35 Ill

. Adm

. Code

304.102 .

b)

The portion, volume and area of any receiving waters within which mixing

is allowed pursuant to subsection (a) shall be limited by the following

:

1)

Mixing must be confined in an area or volume of the receiving

water no larger than the area or volume which would result after

incorporation of outfall design measures to attain optimal mixing

efficiency of effluent and receiving waters

. Such measures may

include, but are not limited to, use of diffusers and engineered

location and configuration of discharge points

.

2)

Mixing is not allowed in waters which include a tributary stream

entrance if such mixing occludes the tributary mouth or otherwise

restricts the movement of aquatic life into or out of the tributary

.

3)

Mixing is not allowed in water adjacent to bathing beaches, bank

fishing areas, boat ramps or dockages or any other public access

area.

4)

Mixing is not allowed in waters containing mussel beds,

endangered species habitat, fish spawning areas, areas of important

aquatic life habitat, or any other natural features vital to the well

being of aquatic life in such a manner that the maintenance of

aquatic life in the body of water as a whole would be adversely

affected.

5)

Mixing is not allowed in waters which contain intake structures of

public or food processing water supplies, points of withdrawal of

water for irrigation, or watering areas accessed by wild or domestic

animals

.

6)

Mixing must allow for a zone of passage for aquatic life in which

water quality standards are met

.

However, a zone of passage is

not requiredinreceiving

streams that have zero flow for at least

---

seven consecutive days recurring on average in nine years out

of

ten.

7)

The area and volume in which mixing occurs, alone or in

combination with other areas and volumes of mixing, must not

intersect any area of any body of water in such a manner that the

maintenance of aquatic life in the body of water as a whole would

be adversely affected .

8)

The area and volume in which mixing occurs, alone or in

combination with other areas and volumes of mixing must not

contain more than 25% of the cross-sectional area or volume of

flow of a stream except for those streams where the dilution ratio is

less than 3 :1 . Mixing is

not allowed in receiving waters

which

have a zero minimum -,even

day low flow which o ccurs once in ten

9)

No mixing is allowed where the water quality standard for the

constituent in question is already violated in the receiving water

.

10)

No body of water may be used totally for mixing of single outfall

or combination of outfalls,

except as provided in Section

302.102(b)(6).

11)

Single sources of effluents which have more than one outfall shall

be limited to a total area and volume of mixing no larger than that

allowable if a single outfall were used

.

12)

The area and volume in which mixing occurs must be as small as is

practicable under the limitations prescribed in this subsection, and

in no circumstances may the mixing encompass a surface area

larger than 26 acres .

c)

All water quality standards of this Part must be met at every point outside

of the area and volume of the receiving water within which mixing is

allowed. The acute toxicity standards of Sections 302

.208 and 302 .210

must be met within the area and volume within which mixing is allowed,

except as provided in subsection (e).

d)

Pursuant to the procedures of Section 39 of the Act and 35 Ill

. Adm.

Code 309, a person may apply to the Agency to include as a condition in

an NPDES permit formal definition of the area and volume of the waters

of the State within which mixing is allowed for the NPDES discharge in

question

. Such formally defined area and volume of allowed mixing shall

constitute a "mixing zone" for the purposes of 35 111

. Adm . Code : Subtitle

---

I)

g)

C

. Upon proof by the applicant that a proposed mixing zone conforms

with the requirements of Section 39 of the Act, this Section and any

additional limitations as may be imposed by the Clean Water Act (CWA)

(33 U .S .C 1251 et seq), the Act or Board regulations, the Agency shall,

pursuant to Section 39(b) of the Act, include within the NPDES permit a

condition defining the mixing zone .

e)

Pursuant to the procedures of Section 39 of the Act and 35 111 . Adm.

Code 309, a person may apply to the Agency to include as a condition in

an NPDES permit a ZID as a component portion of a mixing zone. Such

ZID shall, at a minimum, be limited to waters within which effluent

dispersion is immediate and rapid

. For the purposes of this subsection,

"immediate" dispersion means an effluent's merging with receiving waters

without delay in time after its discharge and within close proximity of the

end of the discharge pipe, so as to minimize the length of exposure time of

aquatic life to undiluted effluent, and "rapid" dispersion means an

effluent's merging with receiving waters so as to minimize the length of

exposure time of aquatic life to undiluted effluent . Upon proof by the

applicant that a proposed ZID conforms with the requirements of Section

39 of the Act and this Section, the Agency shall, pursuant to Section 39(b)

of the Act, include within the NPDES permit a condition defining the ZID

.

Pursuant to Section 39 of the Act and 35 Ill . Adm . Code 309 .103, an

applicant for an NPDES permit shall submit data to allow the Agency to

determine that the nature of any mixing zone or mixing zone in

combination with a ZID conforms with the requirements of Section 39 of

the Act and of this Section

. A permittee may appeal Agency

determinations concerning a mixing zone or ZID pursuant to the

procedures of Section 40 of the Act and 35111 . Adm. Code 309 .181 .

Where a mixing zone is defined in an NPDES permit, the waters within

that mixing zone, for the duration of that NPDES permit, shall constitute

the sole waters within which mixing is allowed for the permitted

discharge. It shall not be a defense in any action brought pursuant to 35

Ill

. Adm . Code 304

.105 that the area and volume of waters within which

mixing may be allowed pursuant to subsection (b) is less restrictive than

the area or volume or waters encompassed in the mixing zone

.

h)

Where a mixing zone is explicitly denied in a NPDES permit, no waters

may be used for mixing by the discharge to which the NPDES permit

applies, all other provisions of this Section notwithstanding .

Where an NPDES permit is silent on the matter of a mixing zone, or where

no NPDES permit is in effect, the burden of proof shall be on the

---

discharger to demonstrate compliance with this Section in any action

brought pursuant to 35 III. Adm . Code 304 .105 .

(Source: Amended at 14111. Reg . 2899, effective February 13, 1990, amended in

at Ill . Reg

.

,

effective

2007) .

SUBPART B : GENERAL USE WATER QUALITY STANDARDS

Section 302 .208

Numeric Standards for Chemical Constituents

a)

The acute standard (AS) for the chemical constituents listed in subsection

(e) shall not be exceeded at any time except as provided in subsection (d) .

b)

The chronic standard (CS) for the chemical constituents listed in

subsection (e) shall not be exceeded by the arithmetic average of at least

four consecutive samples collected over any period of at least four days,

except as provided in subsection (d). The samples used to demonstrate

attainment or lack of attainment with a CS must be collected in a manner

that assures an average representative of the sampling period . For the

metals that have water quality based standards dependent upon hardness,

the chronic water quality standard will be calculated according to

subsection (e) using the hardness of the water body at the time the metals

sample was collected . To calculate attainment status of chronic metals

standards, the concentration of the metal in each sample is divided by the

calculated water quality standard for the sample to determine a quotient .

The water quality standard is attained if the mean of the sample quotients

is less than or equal to one for the duration of the averaging period .

c)

The human health standard (HHS) for the chemical constituents listed in

subsection (f) shall not be exceeded when the stream flow is at or above

the harmonic mean flow pursuant to Section 302 .658 nor shall an annual

average, based on at least eight samples, collected in a manner

representative of the sampling period, exceed the HHS except as provided

in subsection (d).

d)

In waters where mixing is allowed pursuant to Section 302

.102, the

following apply :

---

1)

The AS shall not be exceeded in any waters except for those waters

for which the Agency has approved a zone of initial dilutions (ZED)

pursuant to Section 302

.102

.

2)

The CS shall not be exceeded outside of waters in which mixing is

allowed pursuant to Section 302

.102

.

3)

The HHS shall not be exceeded outside of waters in which mixing

is allowed pursuant to Section 302 .102 .

e)

Numeric Water Quality Standards for the Protection of Aquatic Organisms

---

{1

.138672-

[(1nH)(0 .041838)]}*,

where A=-2 .918 and

B=0.9422

22

exp[A+Bln(H)] X

{ 1 .46203-

[(lnH)(0 .145712)]} *,

where A=-1 .301 and

B=1 .273

2.6 X 0 .85*=2 .2

exp[A+Bln(H)] X

0 .998*,

where A=0 .5173 and

{ 1 .101672-

[(lnH)(0 .041838)]}*,

where A=-3

.490 and

B=0.8545

5.2

exp[A+Bln(H)] X

(1 .46203-

[(lnH)(0 .145712)]

} *,

where A=-2 .863 and

B=1 .273

1 .3 X 0.85*=1 .1

exp[A+Bln(H)] X

0

.997*,

where A=-2 .286 and

Constituent

STORET

Number

Arsenic

(trivalent, dissolved)

22680

Cadmium

(dissolved)

01025

Chromium

(hexavalent, total)

01032

Chromium (trivalent,

dissolved)

80357

Copper

(dissolved)

01040

Cyanide

00718

Lead

(dissolved)

01049

Mercury (dissolved)

71890

Nickel (dissolved)

01065

TRC

500600

Zinc (dissolved)

01090

AS

(µg/L)

CS

(µg/L)

360 X 1 .0*=360

190 X 1 .0*=190

exp[A+Bln(H)] X

exp[A+BIn(H)] X

B=1 .128

B=0.7852

16

11

exp[A+Bln(H)] X

0 .316*,

exp[A+Bln(H)] X

0.860*,

where A=3 .688 and

where A=1 .561 and

B=0.8460

B=0.8460

19

exp[A+Bln(H)] X

11

Exp[A+Bln(H)] X

0.978*,

where A=0 .9035 and

0

.986*,

where A=-0 .8165 and

B=0 .8190

B=0.8190

exp[A+BIn(H)] X

0.960*',

exp[A+Bln(H)] X

0960*,

where A=-1 .464 and

where A=-1 .465 and

---

where

: pg/L = micrograms per liter

g)

where: µg/L = microgram per liter,

exp[x] = base natural logarithms raised to the x- power,

In(H) = natural logarithm of Hardness (STORET 00900), and

* = conversion factor multiplier for dissolved metals

Concentrations of the following chemical constituents shall not be

exceeded except in waters for which mixing is allowed pursuant to Section

302 .102.

Constituent

Unit

STORET

Number

Standard

Barium (total)

mg/L

01007

5 .0

Boron (total)

mg/L

01022

1 .0

Chloride (total)

mg/L

00940

500

Fluoride

mg/L

00951

1 .4

Iron (dissolved)

mg/L

01046

1 .0

0

Numeric Water Quality Standard for the Protection of Human Health

Constituent

STORET

Number

(µg/L)

Mercury

71900

0 .012

Benzene

78124

310

B=0.8473

B=0.8473

Benzene

78124

4200

860

Ethylbenzene

78113

150

14

Toluene

78131

2000

600

Xylene(s)

81551

920

360

---

where: mg/L = milligram per liter and

µg/L = microgram per liter

h)

The following concentrations for sulfate must not be exceeded except in

receiving waters for which mixing is allowed pursuant to Section

302 .102 :

At any point where water is withdrawn or accessed for purposes

of livestock watering, the average of sulfate concentrations must

not exceed 2,000 mg/L when measured at a representative

frequency over a 30 day period .

The results of the following equations provide sulfate water

quality standards in mg/L for the specified ranges of hardness (in

mg/L as CaCO3) and chloride (in mg/L) and must be met at all

times :

A .

If the hardness concentration of receiving waters is greater

than or equal to 100 mg/L but less than or equal to 500

mg/L, and if the chloride concentration of waters is

greater than or equal to 25 mg/L but less than or equal to

500 mg/L, then :

C = [1276

.7 + 5 .508 (hardness)-1

.457 (chloride) I * 0 .65

Where, C = sulfate concentration

B)

If the hardness concentration of waters is greater than or

equal to 100 mg/L but less than or equal to 500 mg/L, and

if the chloride concentration of waters is greater than or

equal to 5 mg/L but less than 25 mgJL, then

:

C = (-57

.478 + 5 .79 (hardness) + 54 .163 (chloride))*

0 .65

Manganese (total)

mg/L

01055

1 .0

Phenols

mg/L

32730

0.1

Selenium (total)

mg/L

01147

1 .0

Silver (total)

.xg/L

01077

5 .0

S+alfate

mg/L

00945

390

Total Dissolved

Solids

mg/L

70300

4-000

---

Where C = sulfate concentration

3)

The following sulfate standards must be met at all times when

hardness (in mg/L as CaC03) and chloride (in mg/L)

concentrations other than specified in(h)(2)are

present :

A)

If the hardness concentration of waters is less than 100

mg/L or chloride concentration of waters is less than 5

mg/L, the sulfate standard is 500 mg/L.

If the hardness concentration of waters is greater than 500

mg/L and the chloride concentration of waters is 5 mg/L

or greater, the sulfate standard is 2,000 mg/L

.

(Source

: Amended at 27 Ill . Reg

. 166, effective December 20, 2002, amended in

at Ill

. Reg .

effective

2007) .

---

RECEIVEDCLERK'S

OFFICE

ILLINOIS REGISTER OCT

2 3 2006

POLLUTION CONTROL BOARD

STATE OF ILLINOIS

Pollution Control Board

NOTICE OF PROPOSED AMENDMENTS

Heading of Part : Permits

2)

Code Citation

: 35 Ill . Adm. Code 309

3)

Section Number :

Proposed Action:

309.103(c)(3)

Amended

4)

Statutory Authority 415 ILCS 5/13 and 27

5)

A Complete Description of the Subjects and Issues Involved

:

This proposed amendment is part of a proceeding entitled, In the Matter of

: Proposed

Amendments To : 35111. Adm . Code 302 .102(b)(6), 302

.102(b)(8), 302 .102(b)(10),

302.208(g),

309 .103(c)(3), 405 .109(b)(2)(A), 405.109(b)(2)(B),

406 .100(d); Repealed 35

Ill . Adm

. Code 406 .203, PART 407 ; and Proposed New 35 Ill

. Adm. Code 302 .208(h).

Other related amendments are proposed in Parts 302, 405, 406 and 407, and are contained

in separate notices pertaining to those Parts

. Section 309 .103(c)(3) is amended to ensure

that standards contained in 35 Ill . Adm

. Code 302 and 303 apply to mine discharges and

non-point source mine discharges

.

6)

Will this proposed amendment replace an emergency amendment currently in effect?

Yes

X No

7)

Does this rulemaking contain an automatic repeal date?

Yes X No

8)

Does this proposed amendment contain incorporations by reference?

Yes X No

9)

Are there any other proposed amendments pending on this part?

Yes

XNo

10)

Statement of State wide Policy Objectives :

This proposed amendment is consistent with the policy objectives set out in the

Environmental Protection Act, 415 ILCS 5/1

et seq .

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

11)

Time, Place and Manner in which interested persons may comment on this proposed

rulemaking :

The Board will accept written public comment on this proposal for a period of 45 days

after the date of this publication . Comments should reference Docket R07-

and be

addressed to :

Ms. Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center, Suite 11-500

100 West Randolph Street

Chicago, Illinois 60601

12)

Initial Regulatory Flexibility Analysis

:

A)

Types of small business affected

:

Mine related facilities and mining activities proposing to discharge particular

contaminates into waters of the state .

B)

Reporting, book keeping or other procedures required for compliance

:

No additional reporting and record keeping requirements are imposed beyond

those necessary for compliance with the existing regulations .

C)

Types of professional skills necessary for compliance :

No additional professional skills are required beyond those necessary for

compliance with the existing regulations .

The full text of the Proposed Amendments begins on the next page

:

---

TITLE 35

: ENVIRONMENTAL PROTECTION

SUBTITLE C

: WATER POLLUTION

CHAPTER I:

POLLUTION CONTROL BOARD

PART 309

PERMITS

SUBPART A: NPDES PERMITS

Section

309 .101

Preamble

309 .102

NPDES Permit Required

309 .103

Application - General

309.104

Renewal

309.105

Authority to Deny NPDES Permits

309.106

Access to Facilities and Further Information

309 .107

Distribution of Applications

309 .108

Tentative Determination and Draft Permit

309 .109

Public Notice

309.110

Contents of Public Notice of Application

309.111

Combined Notices

309 .112

Agency Action After Comment Period

309 .113

Fact Sheets

309 .114

Notice to Other Governmental Agencies

309 .115

Public Hearings on NPDES Permit Applica ons

309.116

Notice of Agency Hearing

309.117

Agency Hearing

309 .118

Agency Hearing File

309 .119

Agency Action After Hearing

309.141

Terms and Conditions of NPDES Permits

309.142

Water Quality Standards and Waste Load Allocation

309.143

Effluent Limitations

309.144

Federal New Source Standards of Performance

309 .145

Duration of Permits

309 .146

Authority to Establish Recording, Reporting, Monitoring and Sampling

Requirements

309.147

Authority to Apply Entry and Inspection Requirements

309.148

Schedules of Compliance

309 .149

Authority to Require Notice of Introduction of Pollutants into Publicly

Owned Treatment Works

309.150

Authority to Ensure Compliance by Industrial Users with Sections 204(b),

307 and 308 of the Clean Water Act

309.151

Maintenance and Equipment

309.152

Toxic Pollutants

309 .153

Deep Well Disposal of Pollutants (Repealed)

---

309 .154

Authorization to Construct

309 .155

Sewage Sludge Disposal

309.156

Total Dissolved Solids Reporting and Monitoring

309.157

Permit Limits for Total Metals

309 .181

Appeal of Final Agency Action on a Permit Application

309 .182

Authority to Modify, Suspend or Revoke Permits

309.183

Revision of Schedule of Compliance

309.184

Permit Modification Pursuant to Variance

309.185

Public Access to Information

309 .191

Effective Date

SUBPART B

: OTHER PERMITS

Section

309 .201

Preamble

309.202

Construction Permits

309 .203

Operating Permits

; New or Modified Sources

309 .204

Operating Permits ; Existing Sources

309.205

Joint Construction and Operating Permits

309 .206

Experimental Permits

309.207

Former Permits (Repealed)

309.208

Permits for Sites Receiving Sludge for Land Application

309 .221

Applications -

Contents

309.222

Applications -

Signatures and Authorizations

309.223

Applications -

Registered or Certified Mail

309 .224

Applications - Time to Apply

309 .225

Applications - Filing and Final Action By Agency

309.241

Standards for Issuance

309 .242

Duration of Permits Issued Under Subpart B

309 .243

Conditions

309 .244

Appeals from Conditions in Permits

309 .261

Permit No Defense

309.262

Design, Operation and Maintenance Criteria

309

.263

Modification of Permits

309.264

Permit Revocation

309.265

Approval of Federal Permits

309 .266

Procedures

309.281

Effective Date

309.282

Severability

Appendix

References to Previous Rules

AUTHORITY

: Implementing Sections 13 and 13

.3 and authorized by Section 27 of the

Environmental Protection Act [415 ILCS 5/13, 13

.3 and 27] .

---

SOURCE : Adopted in R71-14, at 4 PCB 3, March 7, 1972

; amended in R73-11, 12, at

14 PCB 661, December 5, 1974, at 16 PCB 511, April 24, 1975, and at 28 PCB 509,

December 20,1977 ; amended in R73-11, 12, at 29 PCB 477, at 2111. Reg. 16, p . 20,

effective April 20, 1978 ; amended in R79-13, at 39 PCB 263, at 4111 . Reg. 34, p . 159,

effective August 7, 1980

; amended in R77-12B, at 41 PCB 369, at 5 Ill . Reg . 6384,

effective May 28, 1981 ; amended in R76-21, at 44 PCB 203, at 6111 . Reg. 563, effective

December 24, 1981 ; codified at 6111 . Reg. 7818 ; amended in R82-5, 10, at 54 PCB 411,

at 8111 . Reg

. 1612, effective January 18, 1984 ; amended in R86-44 at 12111 . Reg . 2495

effective January 13, 1988

; amended in R88-1 at 13111 . Reg . 5993, effective April 18,

1989 ; amended in R88-21(A) at 14111

. Reg. 2892, effective February 13, 1990 ; amended

in R91-5 at 16111 . Reg

. 7339, effective April 27, 1992 ; amended in R95-22 at 20111 . Reg.

5526, effective April 1, 1996 ; amended in R99-8 at 23 Ill . Reg

. 11287, effective August

26, 1999 ; amended in R02-11 at 27 Ill

. Reg. 202, effective December 20, 2002, amended

in at Ill . Reg. , effective

, 2007 .

a)

Application Forms

1)

An applicant for a National Pollution Discharge Elimination

System (NPDES) Permit shall file an application, in accordance

with Section 309 .223 hereof, on forms provided by the Illinois

Environmental Protection Agency (Agency)

. Such forms shall

comprise the NPDES application forms promulgated by the U .S .

Environmental Protection Agency for the type of discharge for

which an NPDES Permit is being sought and such additional

information as the Agency may reasonably require in order to

determine that the discharge or proposed discharge will be in

compliance with applicable state and federal requirements

.

2)

In addition to the above application forms, the Agency may require

the submission of plans and specifications for treatment works and

summaries of design criteria .

3)

Effluent toxicity monitoring

SUBPART A: NPDES PERMITS

Section 309 .103

Application - General

A) In addition to the above application forms, the Agency may

require, pursuant to Section 39 of the Act, the installation,

use, maintenance and reporting of results from monitoring

equipment and methods, including biological monitoring .

---

The Agency may require, pursuant to Section 39 of the Act,

effluent toxicity testing to show compliance with 35 Ill

.

Adm

. Code 302 .621 and 302 .630. If this toxicity testing

shows the effluent to be toxic, the Agency may require

pursuant to Section 39 of the Act further testing and

identification of the toxicant(s) pursuant to 35 111 . Adm .

Code 302 .210(a).

B)

The following POTWs shall provide the results of valid

whole effluent biological toxicity testing to the Agency :

i)

All POTWs with design influent flows equal to or

greater than one million gallons per day

;

ii)

All POTWs with approved pretreatment programs

or POTWs required to develop a pretreatment

program pursuant to 35111 . Adm. Code 310 .Subpart

E;

C)

In addition to the POTWs listed in (a)(3)(B),

the Agency

may require other POTWs to submit the result of toxicity

tests with their permit applications, based on consideration

of the following factors .

i)

The variability of the pollutants or pollutant

parameters in the POTW effluent (based on

chemical-specific information, the type of treatment

facility, and types of industrial contributors) ;

ii)

The dilution of the effluent in the receiving water

(ratio of effluent flow to receiving stream flow)

;

iii)

Existing controls on point or nonpoint sources,

including total maximum daily load calculations for

the waterbody segment and the relative contribution

of the POTW ;

iv)

Receiving stream characteristics, including possible

or known water quality impairment, and whether the

POTW discharges to a coastal water, one of the

Great Lakes, or a water designated as an outstanding

natural resource; or

v)

Other considerations (including but not limited to

the history of toxic impact and compliance

---

b)

Animal Waste Facilities

problems at the POTW), which the Agency

determines could cause or contribute to adverse

water quality impacts .

D)

The POTWs required under subsections (a)(3)(B)

or

(a)(3)(C)

to conduct toxicity testing shall use the methods

prescribed at 35 111 . Adm

. Code 302.Subpart F. Such

testing must have been conducted since the later of the last

NPDES permit reissuance or permit modification pursuant

to Section 309 .182, 309

.183 or 309 .184 for any of the

reasons listed at 40 CFR 122

.62(a) (1994), as amended at

60 Fed

. Reg

. 33926 effective June 29, 1995, herein

incorporated by reference (including no later amendments

or editions) .

4)

All POTWs with approved pretreatment programs shall provide the

following information to the Agency

: a written technical

evaluation of the need to revise local limits pursuant to 35 111

.

Adm. Code 310

.210.

BOARD NOTE

: Subsections (a)(3)(B) through (a)(4) are derived

from 40 CFR 122 .21(j) (19944)

.

An applicant for an NPDES Permit in connection with the operation of an

animal waste facility shall complete, sign, and submit an NPDES

application in accordance with the provisions of 35 Ill

. Adm. Code :

Subtitle E, Chapter I .

c)

Mining Activities

1)

If, as defined by 35 Ill . Adm. Code 402

.101, mining activities are

to be carried out on a facility for which an NPDES Permit is held

or required, the applicant must submit a permit application as

required by 35 Ill . Adm. Code 403 .103, 403 .104 and 405

.104. If

the facility will have a discharge other than a mine discharge or

non-point source mine discharge as defined by 35 Ill

. Adm . Code

402.101, the applicant shall also submit an NPDES Permit

application in accordance with Section 309

.223 on forms supplied

by the Agency

.

2)

As provided by 35 Ill . Adm . Code 403.101,

except to the extent

contradicted in 35 Ill . Adm

. Code : Subtitle D, Chapter I, the rules

---

e)

Signatures

contained in this Subpart apply only to 35 111 . Adm. Code

: Subtitle

D, Chapter I NPDES Permits .

3)

As provided by 35 Ill . Adm. Code 406 .100, except to the extent

provided in 35 Ill . Adm. Code

: Subtitle D, Chapter 1, the effluent

and- water quality standards of 35 Ill . Adm. Code

03 303

and

304

are inapplicable to mine discharges and non-point source mine

discharges.

d)

New Discharges

Any person whose discharge will begin after the effective date of this

Subpart A or any person having an NPDES Permit issued by the U .S.

Environmental Protection Agency for an existing discharge which will

substantially change in nature, or increase in volume or frequency, must

apply for an NPDES Permit either

:

1)

No later than 180 days in advance of the date on which such

NPDES Permit will be required

; or

In sufficient time prior to the anticipated commencement of the

discharge to insure compliance with the requirements of Section

306 of the Clean Water Act (CWA) (33 U.S.C

. 1251 et seq), or

with any other applicable water quality standards and applicable

effluent standards and limitations .

An application submitted by a corporation shall be signed by a principal

executive officer of at least the level of vice president, or his duly

authorized representative, if such representative is responsible for the

overall operation of the facility from which the discharge described in the

application form originates

. In the case of a partnership or a sole

proprietorship, the application shall be signed by a general partner or the

proprietor, respectively

. In the case of a publicly owned facility, the

application shall be signed by either the principal executive officer,

ranking elected official, or other duly authorized employee

.

(Source : Amended at 20111

. Reg. 5526, effective April 1, 1996, amended in

at Ill

. Reg . ,

effective 1 2007) .

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

1)

Heading of Part : State And NPDES Permits

2)

Code Citation : 35 Ill . Adm . Code 405

3)

Section Number :

Proposed Action :

405.109(b)(2)(A)

Amended

405 .109(b)(2)(B)

Amended

4)

Statutory Authority 415 ILCS 5/13 and 27

5)

A Complete Description of the Subjects and Issues Involved :

The proposed amendments are part of a proceeding entitled, In the Matter of : Proposed

Amendments To : 35 Ill. Adm. Code 302 .102(b)(6), 302 .102(b)(8), 302

.102(b)(10),

302 .208(g), 309 .103(c)(3), 405 .109(b)(2)(A), 405.109(b)(2)(B), 406.100(d)

; Repealed 35

111. Adm. Code 406 .203, PART 407 ; and Proposed New 35 111 . Adm . Code 302 .208(h) .

Other related amendments are proposed in Parts 302, 309, 406 and 407, and are contained

in separate notices pertaining to those Parts . Sections 405 .109(b)(2)(A) and (b)(2)(B)

are

amended to ensure that discharges from abandoned mine related facilities and mining

activities are subject to the applicable Subtitle C water quality standards .

Will this proposed amendment replace an emergency amendment currently in effect?

Yes X No

Does this rulemaking contain an automatic repeal date?

Yes X No

8)

Does this proposed amendment contain incorporations by reference?

Yes X No

9)

Are there any other proposed amendments pending on this part?

Yes X No

10)

Statement of Statewide Policy Objectives :

RECEIVED

CLERK'S OFFICE

OCT 2 3

2006

STATE OF ILLINOIS

Pollution Control

Board

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

This proposed amendment is consistent with the policy objectives set out in the

Environmental Protection Act, 415 ILCS 5/1 et seq

.

11)

Time, Place and Manner in which interested persons may comment on this proposed

rulemaking

:

The Board will accept written public comment on this proposal for a period of 45 days

after the date of this publication

. Comments should reference Docket R07- and be

addressed to

:

Ms. Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center, Suite 11-500

100 West Randolph Street

Chicago, Illinois 60601

12)

Initial Regulatory Flexibility Analysis

:

Types of small business affected

:

Abandoned mine related facilities and mining activities proposing to discharge

particular contaminates into waters of the state

.

B)

Reporting, book keeping or other procedures required for compliance

:

No additional reporting and record keeping requirements are imposed beyond

those necessary for compliance with the existing regulations

.

C)

Types of professional skills necessary for compliance

:

No additional professional skills are required beyond those necessary for

compliance with the existing regulations .

The full text of the Proposed Amendments begins on the next page

:

---

Section

405 .100

405 .101

405 .102

405 .103

405 .104

405 .105

405 .106

405 .107

405 .108

405 .109

405

.110

405 .111

405 .112

405 .113

Appendix A

TITLE 35

: ENVIRONMENTAL PROTECTION

SUBTITLE D : MINE RELATED WATER POLLUTION

CHAPTER 1 : POLLUTION CONTROL BOARD

PART 405

STATE AND NPDES PERMITS

Preamble

Special Conditions : Agency Guidance Document

Standard for Permit Issuance or Certification

Permit Modification When New Regulations are Adopted

Permit Applications

Surface Drainage Control

Refuse Disposal

Experimental Permits for Refuse Disposal

Permit for Use of Acid-producing Mine Refuse

Abandonment Plan

Cessation, Suspension or Abandonment

Emergency Procedures To Control Pollution

Mine Entrances

Permit Area

References to Previous Rules

AUTHORITY : Implementing Sections 12 and 13 and authorized by Section 27 of the

Environmental Protection Act (Ill

. Rev . Stat . 1983, ch . 111 1/2, pars . 1012, 1013

and 1027 .

SOURCE : Adopted in R76-20, R77-10, 39 PCB 196, at 4 Ill . Reg . 34, p . 164,

effective August 7, 1980

; codified at 5 III . Reg . 8527; amended in R83-6A at 8 111 .

Reg

. 13267, effective July 16, 1984, amended in at Ill . Reg.

, effective , 2007 .

Section 405.109

Abandonment Plan

a)

A state or NPDES permit shall include an abandonment plan as a

condition .

b)

An abandonment plan shall be incorporated into the permit by reference

if it:

---

1)

Includes a time schedule establishing that the abandonment plan

will be executed and completed within a reasonable time after

abandonment considering any potential adverse impact on the

environment pending completion of the plan and the amount of

time required to carry out the steps in the plan ; one year is

assumed to be a reasonable time unless the operator demonstrates

that a longer time is reasonable ; and

2)

Shows that the mine related facilities and mining activities will be

abandoned so as not to cause a violation of the Act or this

Chapter_,

A)

-

urge which

will remain after

not meet the 'requirements of 35

111 . Adm . Code 106.202, and if the permit included water-

deeme

.

d to meet35 111 . Adm. Code 406 .202 with respect

. . . .

. . . .

. .

. . .

. .

standards of 35 111 . Adm . Code 302 .201 or 302.208,

with respect to total dissolved solids, chloride, sulfate,

re quirements of 35 111 . Adm . Code 106 .106 and

406.203(c)(1) and (c)(2) .

c)

If the abandonment plan does not meet the standard of paragraph (b) the

Agency may either deny the permit or issue it with an abandonment plan

modified by conditions subject to Section 405 .101 .

d)

The time limit provided by paragraph (b)(1) is inapplicable to

abandonment plans for surface coal mines which are approved as

reclamation plans under the Surface Coal Mining Land Conservation and

Reclamation Act, (Ill . Rev . Stat . 1983, ch . 96 1/2, par . 7902.03)

.

e)

Any abandonment plan constituting a substantial change from the

permitted abandonment plan is a revised abandonment plan .

---

0

g)

A permittee shall apply for a new or revised or supplemental NPDES or

state permit prior to implementation of a revised abandonment plan

within the time limits provided by 35 Ill . Adm . Code 403 .104(c) .

An abandonment plan incorporated into a permit pursuant to showing

under 35 Ill . Adm . Code 406 .203 shall include conditions pursuant to

35 111. Adm. Code 406 .203(e)(l) and (e)(2) .

(Source : Amended at 8 111 . Reg . 13267, effective July 16, 1984, amended in

2007

.)

at Ill . Reg . , effective

---

RECEIVED

CLERK'S OFFICE

ILLINOIS REGISTER

OCT 2 3Am

POLLUTION CONTROL BOARD

STATE OF ILLINOIS

Pollution Control Board

NOTICE OF PROPOSED AMENDMENTS

1)

Heading of Part :

Mine Waste Effluent And Water Quality Standards

2)

Code Citation : 35 Ill. Adm . Code 406

3)

Section Number :

Proposed Action :

406 .100(d)

Amended

406.203

Repealed

4)

Statutory Authority

415 ILCS 5/13 and 27

5)

A Complete Description of the Subjects and Issues Involved :

The proposed amendments are part of a proceeding entitled, In the Matter of: Proposed

Amendments To : 35111. Adm

. Code 302 .102(b)(6), 302 .102(b)(8), 302

.102(b)(10),

302 .208(g), 309

.103(c)(3), 405 .109(b)(2)(A), 405.109(b)(2)(B),

406 .100(d) ; Repealed 35

Ill. Adm

. Code 406 .203, PART 407

; and Proposed New 35 Ill . Adm. Code 302 .208(h).

Other related amendments are proposed in Parts 302, 309, 405 and 407, and are contained

in separate notices pertaining to those Paris

. The Agency is proposing to amend Section

406 .100(d) and repeal Section 406.203

. The proposed changes would ensure that

discharges from mine related facilities and mining activities are subject to the applicable

Subtitle C water quality standards .

6)

Will this proposed amendment replace an emergency amendment currently in effect?

Yes X No

7)

Does this rulemaking contain an automatic repeal date?

Yes X No

8)

Does this proposed amendment contain incorporations by reference?

Yes X No

9)

Are there any other proposed amendments pending on this part?

Yes

X No

10)

Statement of State wide Policy Objectives

:

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

This proposed amendment is consistent with the policy objectives set out in the

Environmental Protection Act, 415 ILCS 5/1

et seq.

11)

Time, Place and Manner in which interested persons may comment on this proposed

rulemaking :

The Board will accept written public comment on this proposal for a period of 45 days

after the date of this publication . Comments should reference Docket R07-_ and be

addressed to :

Ms. Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center, Suite 11-500

100 West Randolph Street

Chicago, Illinois 60601

12)

Initial Regulatory Flexibility Analysis :

A)

Types of small business affected :

Mine related facilities and mining activities proposing to discharge particular

contaminates into waters of the state .

B)

Reporting, book keeping or other procedures required for compliance :

No additional reporting and record keeping requirements are imposed beyond

those necessary for compliance with the existing regulations .

C)

Types of professional skills necessary for compliance :

No additional professional skills are required beyond those necessary for

compliance with the existing regulations .

The full text of the Proposed Amendments begins on the next page

:

---

TITLE 35 : ENVIRONMENTAL PROTECTION

SUBTITLE D: MINE RELATED WATER POLLUTION

CHAPTER I : POLLUTION CONTROL BOARD

PART 406

MINE WASTE EFFLUENT AND WATER QUALITY STANDARDS

SUBPART A : EFFLUENT STANDARDS

Section

406 .100

Preamble

406 .101

Averaging

406 .102

Sampling, Reporting and Monitoring

406 .103

Background Concentrations

406 .104

Dilution

406 .105

Commingling of Waste Streams

406

.106

Effluent Standards for Mine Discharges

406 .107

Offensive Discharges

406

.108

Non-Point Source Mine Discharges

406 .109

Effluent Standards for Coal Mine Discharge from Reclamation Areas

406 .110

Alternate Effluent Standards for Coal Mine Discharges During

Precipitation Events

SUBPART B : WATER QUALITY STANDARDS

Section

406 .201

Temporary Exemption from Section 406 .105 (Repealed)

406 .202

Violation of Water Quality Standards

406.203

TDS Related Permit Conditions

406 .204

Good Mining Practices

406 .205

Contact with Disturbed Areas

406 .206

Retention and Control of Exposed Waters

406.207

Control of Discharge Waters

406 .208

Unconventional Practices

406 .209

Expiration of Former Exemptions

Appendix A References to Previous Rules

AUTHORITY : Implementing Sections 12 and 13 and authorized by Section 27 of the

Environmental Protection Act (Ill . Rev . Star . 1985, ch . 111 1/2, pars . 1012, 1013

and 1027)

.

SOURCE

: Adopted in R76-20, R77-10, 39 PCB 196, at 4 Ill . Reg . 34, p . 164,

effective August 7, 1980 ; codified at 5 Ill . Reg . 8527 ; emergency amendment in R83-

---

6B at 7 III . Reg . 8386, effective July 5, 1983, for a maximum of 150 days

; amended

in R83-6B at 7 III . Reg

. 14510, effective October 19, 1983 ; amended in R83-6A at 8

111

. Reg

. 13239, effective July 16, 1984

; amended in R84-29 at 11 12899, effective

July 27, 1987, amended in

at

effective

Ill. Reg .

, 2007 .

SUBPART A : EFFLUENT STANDARDS

Section 406.100

Preamble

a)

Part 406 applies to mine discharges and non-point source mine

discharges as defined by Section 402 .101 .

b)

Other discharges, including sanitary sewers ; are regulated under Subtitle

C, Chapter I : Water Pollution .

c)

A facility which has another discharge will be subject to both Subtitle C

and Subtitle D

. Subtitle D governs mining activities, including mine

discharges and non-point source mine discharges . Subtitle C governs

other discharges .

d)

Except to the extent provided in this Part 406, Parts 302, 303 and 304 of

subtitle C is are inapplicable to mine discharges and non-point source

mine discharges .

SUBPART B : WATER QUALITY STANDARDS

manganese may be established by the

Agency for

coal mine discharges-

Th ese

procedures apply instead of Section 106 .202 whenever a permit

applieant elects to proceed under this Sect ion . A pcrmittcc must comply

35 Ill

. Adm . Code 309 .115 .

---

b) An

applicant may elect to procee d under-this Section-by providing the

required 4

a ;

. .

• ; emental-st

e) The Agency shall establish

permit conditions under this Section if all of

1) The applieartt--

es-to the Agency that the discharge will not

cause an adve

tit-in and-around the-

A) Demonstrat

ing

that the discharge will

contain a

concentrat ion less than or equal t

e e " _

: - s

1000

mg/I

chloride ; or,

B)

Through actual stream stu dies .

. ••

.

i i

. i

3) The applicant p roves tothe Agency that it is utilizing good

mining practices dcsig

d) The Agency may promulgate under

35 Ill . Adm . Code 405 .101(c) a

within he meaning of paragraph (c)(3) .

c) Whenever the Agency issues a permit based on this Section,

it shall

1) There is n adverse

effect on the environment in and around the

r

.

. g

,

3) The

permittec

utilizes good mining p ractices designed to

f)

Whenever Agency i ssues a permit pursuant to this Section, if may

---

(Source : Added at 8 111 . Reg . 13239, effective July 16, 1984, amended in

at 111 . Reg . , effective

2007 .)

Agency

effluent

,lex

data for total disselved

s

manganese.

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

1)

Heading of Part : Compliance And Effective Dates

2)

Code Citation : 35 Ill. Adm

. Code 407

3)

Section Number

:

407.101

407 .102

407 .103

407 .104

Appendix A

4)

Statutory Authority 415 ILCS 5/13 and 27

5)

A Complete Description of the Subjects and Issues Involved

:

The proposed amendments are part of a proceeding entitled, In the Matter of: Proposed

Amendments To : 35111 . Adm . Code 302 .102(b)(6), 302

.102(b)(8), 302 .102(b)(10),

302.208(g), 309.103'(c)(3), 405

.109(b)(2)(A), 405 .109(b)(2)(B), 406 .100(d); Repealed 35

111. Adm. Code 406 .203, PART 407

; and Proposed New 35 Ill . Adm. Code 302 .208(h) .

Other related amendments are proposed in Parts 302, 309, 405 and 406, and are contained

in separate notices pertaining to those Parts

. The entire Part 407 is repealed as it serves

no purpose in the issuance of NPDES permits for mine related facilities and mining

activities .

6)

Will this proposed amendment replace an emergency amendment currently in effect?

Yes X No

7)

Does this rulemaking contain an automatic repeal date?

Yes

X No

8)

Does this proposed amendment contain incorporations by reference?

Yes X No

9)

Are there any other proposed amendments pending on this part?

Yes X No

Proposed Action :

Repealed

Repealed

Repealed

Repealed

Repealed

RECEIVED

CLERK'S

OFFICE

OCT 2 3 2006

Pollution

STATE OF

Control

ILLINOISBoard

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

10)

Statement of State wide Policy Objectives :

This proposed amendment is consistent with the policy objectives set out in the

Environmental Protection Act, 415 ILCS 5/1

et seq.

11)

Time, Place and Manner in which interested persons may comment on this proposed

rulemaking:

The Board will accept written public comment on this proposal for a period of 45 days

after the date of this publication

. Comments should reference Docket R07-_ and be

addressed to :

Ms . Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center, Suite 11-500

100 West Randolph Street

Chicago, Illinois 60601

12)

Initial Regulatory Flexibility Analysis:

A)

Types of small business affected

:

Mine related facilities and mining activities proposing to discharge particular

contaminates into waters of the state

.

B)

Reporting, book keeping or other procedures required for compliance

:

No additional reporting and record keeping requirements are imposed beyond

those necessary for compliance with the existing regulations

.

C)

Types of professional skills necessary for compliance

:

No additional professional skills are required beyond those necessary for

compliance with the existing regulations .

The full text of the Proposed Amendments begins on the next page

:

---

Seetion

107 .101

107

.102

407 .103

407 .104

Appendix A

TIT'

E 35 : ENAVTRON

ENTAL PROTECTION

SU&

CHAPTERI : POT

T UI4ON-GONTROL

BOARD

PART 407

Effective Date

S .

.

Expiration

of Outstanding Permits

Abandonment Plan for Existing Permits,

References to Previous Rules

Illinois Environmenta l Protection

Act (I11 . Rev . Stat., ch. 111 1/2, pars . 1012, 1013

SOURCE: Adopted at 1111 . Reg. 31, p . 161, effective Angus

111-Reg . 31, p

. 8527, eff etive August 10, 198-1 .

This Chapter is effective upon filing with the S

ecretary

of

State.

b) The Agency may by notification

req

a) A holder of an outstanding

operating permit under the

old Chapter 1 may

apply for a state or NPDES

permit at any time.

C)

Notification shall contain ad ate, not less

than 180 days a fter notification,

.

.

:

.

Compliance with the

provisions of this Chapter is required on

the effective date except

of

this

Subtitle D, Chapter1. For

such facilities, compliancewith

Section 101 .101 is

e following condit ions, whichever occurs first :

---

•-

. .

.

.i .

.

.

i

: :

. .

The requ

the effee

abandonment plan

•- --

-

. .

:

.

G .

. .

G

. .

•

Chapter 4, Mine Related Pollution

Part

VII, Compliance and Effective Dates

Rule 701

Rule

702

Rule

703

Rule 704

suant to Section 407 .102(e) if

aired-in Rule

502 of old Chapter 1,

Sect ion

407 .101

Section 107 .102

Sect ion 107 .103

Section 107 .104

d-BeffA7rule-nafflbcrs

to sect ion

35 Ill

. Admin . Code Part 107

•

°`

a) The lapse

fe e-date of this Chapter ; or

of three years after te

NPDES

b)

The expiration of any

he

permit

€aetli y ;

t to Section 103 .102-er-

Section 401 .101 ; or