ILLINOIS POLLUTION CONTROL BOARD

SOURCE: Filed with the Secretary of State January 1, 1978; amended at 2 Ill. Reg. 27, p. 221, effective July 5, 1978; amended at 3 Ill. Reg. 20, p. 95, effective May 17, 1979; amended at 5 Ill. Reg. 11592, effective October 19, 1981; codified at 6 Ill. Reg. 7818; amended at 6 Ill. Reg. 11161, effective September 7, 1982; amended at 7 Ill. Reg. 8111, effective June 23, 1983; amended in R87-27 at 12 Ill. Reg. 9917, effective May 27, 1988; amended in R87-2 at 13 Ill. Reg. 15649, effective September 22, 1989; amended in R87-36 at 14 Ill. Reg. 9460, effective May 31, 1990; amended in R86-14 at 14 Ill. Reg. 20724, effective December 18, 1990; amended in R89-14(C) at 16 Ill. Reg. 14684, effective September 10, 1992; amended in R92-17 at 18 Ill. Reg. 2981, effective February 14, 1994; amended in R91-23 at 18 Ill. Reg. 13457, effective August 19, 1994; amended in R93-13 at 19 Ill. Reg. 1310, effective January 30, 1995; amended in R95-14 at 20 Ill. Reg. 3534, effective February 8, 1996; amended in R97-25 at 22 Ill. Reg. 1403, effective December 24, 1997; amended in R01-13 at 26 Ill. Reg. 3517, effective February 22, 2002; amended in R03-11 at 28 Ill. Reg. 3071, effective February 4, 2004; amended in R06-24 at 31 Ill. Reg. 4440, effective February 27, 2007; amended in R09-8 at ____ Ill. Reg. _________, effective _____________________.

September 16, 2008

IN THE MATTER OF:

PROPOSED SITE SPECIFIC RULE FOR

CITY OF SPRINGFIELD, ILLINOIS,

OFFICE OF PUBLIC UTILITIES, CITY

WATER, LIGHT and POWER and

SPRINGFIELD METRO SANITARY

DISTRICT FROM 35 ILL. ADM. CODE

302.208(g): NEW 35 ILL. ADM. CODE

303.446

)

R09-8

(Site Specific Rulemaking - Water)

Proposed Rule. First Notice.

OPINION AND ORDER OF THE BOARD (by G.T. Girard):

On August 29, 2008, the City of Springfield (City), Office of Public Utilities, City Water,

Light and Power (CWLP) and Springfield Metro Sanitary District (District), (collectively,

Springfield) filed a proposal for site-specific rulemaking pursuant to Section 28 of the

Environmental Protection Act (Act) (415 ILCS 5/28 (2006)). The proposal (Prop.) seeks to

establish an alternative water quality standard for boron from the discharge point at the Spring

Creek Sanitary Treatment Plant (Spring Creek STP) to the Sangamon River to its confluence

with the Illinois River and 100 yards downstream from the confluence in the Illinois River.

Springfield also filed motions requesting the Board to waive the requirement for 200 signatures

on the petition and to expedite consideration of the petition.

See

415 ILCS 5/28 (2006); 35 Ill.

Adm. Code 102.202(g) and 101.512. The Board has received no responses to the motions and

pursuant to Section 101.500(d), any objection to the granting of the motions is deemed waived.

35 Ill. Adm. Code 101.500(d).

In this order, the Board accepts the proposal for hearing, grants the motion to waive

signature requirement and the motion for expedited consideration. The Board therefore directs

the first-notice publication of the proposal without comment on the proposal’s merits.

PROPOSAL

The proposal seeks an alternative water quality standard for boron in four creek or river

sections from the Spring Creek STP to the Illinois River. Prop. at 1, 3. The alternative water

quality standard is requested to allow the District to accept a pretreated industrial effluent stream

from CWLP’s power station. Prop. at 2. The operation of air pollution equipment at CWLP’s

power plant causes elevated concentrations of boron in the effluent that is proposed to be sent to

the Spring Creek STP.

. CWLP’s power plant is a critical power supplier for the City and

surrounding communities and the alternative water quality standard is necessary to enable CWLP

to operate the power plant in compliance with CWLP’s national pollutant discharge elimination

system (NPDES) permit.

The proposal states that treatment of the effluent to meet the general use water quality

standard for boron is neither technically feasible nor economically reasonable and alternatives to

the site-specific rule would have a significant economic impact on CWLP and the customers of

CWLP. Prop. at 2. The proposal opines that the site-specific rule will not harm aquatic life in

the waters downstream or have a negative impact on the current use of the receiving waters.

DISCUSSION

The Board finds that the petition meets the content requirements of 35 Ill. Adm. Code

102.208 and 102.210 and is accepted for hearing. However, a review of the proposal reveals that

Springfield did not address the applicability of, or provide the information requested in, the

“published study or report” requirement of Section 102.210(c). 35 Ill. Adm. Code 102.210(c);

see also

35 Ill. Adm. Code 102.210(g). The Board requests that Springfield address Section

102.210(c), or its inapplicability, in writing, prior to any hearing scheduled in this proceeding or

at such other time as directed by the hearing officer.

The Board grants the motion to waive the signature requirement of Section 102.202(g)

and the motion to expedite the review. The Board will attempt to expedite consideration of this

rulemaking consistent with the Board’s available resources. To that end, the Board today sends

to first notice the proposal without commenting on the merits of the proposal. The Board also

directs the hearing officer to set this matter for hearing as soon as practicable.

ORDER

The Board directs the Clerk to cause the publication of the following rule for first notice

in the

Illinois Register

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE C: WATER POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

PART 303

WATER USE DESIGNATIONS AND SITE-SPECIFIC WATER QUALITY STANDARDS

SUBPART A: GENERAL PROVISIONS

Section

303.100

Scope and Applicability

303.101

Multiple Designations

303.102

Rulemaking Required

SUBPART B: NONSPECIFIC WATER USE DESIGNATIONS

Section

303.200

Scope and Applicability

303.201

General Use Waters

303.202

Public and Food Processing Water Supplies

303.203

Underground Waters

303.204

Secondary Contact and Indigenous Aquatic Life Waters

303.205

Outstanding Resource Waters

303.206

List of Outstanding Resource Waters

SUBPART C: SPECIFIC USE DESINGATIONS AND SITE

SPECIFIC WATER QUALITY STANDARDS

Section

303.300

Scope and Applicability

303.301

Organization

303.311

Ohio River Temperature

303.312

Waters Receiving Fluorspar Mine Drainage

303.321

Wabash River Temperature

303.322

Unnamed Tributary of the Vermilion River

303.323

Sugar Creek and Its Unnamed Tributary

303.326

Unnamed Tributary of Salt Creek, Salt Creek, and Little Wabash River

303.331

Mississippi River North Temperature

303.341

Mississippi River North Central Temperature

303.351

Mississippi River South Central Temperature

303.352

Unnamed Tributary of Wood River Creek

303.353

Schoenberger Creek; Unnamed Tributary of Cahokia Canal

303.361

Mississippi River South Temperature

303.400

Bankline Disposal Along the Illinois Waterway/River

303.430

Unnamed Tributary to Dutch Creek

303.431

Long Point Slough and Its Unnamed Tributary

303.441

Secondary Contact Waters

303.442

Waters Not Designated for Public Water Supply

303.443

Lake Michigan Basin

303.444

Salt Creek, Higgins Creek, West Branch of the DuPage River, Des Plaines River

303.445

Total Dissolved Solids Water Quality Standard for the Lower Des Plaines River

303.446

Springfield Metro Sanitary District Spring Creek Treatment Plant Boron

Discharge

SUBPART D: THERMAL DISCHARGES

Section

303.500

Scope and Applicability

303.501

Lake Sangchris Thermal Discharges

303.APPENDIX A

References to Previous Rules

303.APPENDIX B

Sources of Codified Sections

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

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

SOURCE: Filed with the Secretary of State January 1, 1978; amended at 2 Ill. Reg. 27, p. 221,

effective July 5, 1978; amended at 3 Ill. Reg. 20, p. 95, effective May 17, 1979; amended at 5 Ill.

Reg. 11592, effective October 19, 1981; codified at 6 Ill. Reg. 7818; amended at 6 Ill. Reg.

11161, effective September 7, 1982; amended at 7 Ill. Reg. 8111, effective June 23, 1983;

amended in R87-27 at 12 Ill. Reg. 9917, effective May 27, 1988; amended in R87-2 at 13 Ill.

Reg. 15649, effective September 22, 1989; amended in R87-36 at 14 Ill. Reg. 9460, effective

May 31, 1990; amended in R86-14 at 14 Ill. Reg. 20724, effective December 18, 1990; amended

in R89-14(C) at 16 Ill. Reg. 14684, effective September 10, 1992; amended in R92-17 at 18 Ill.

Reg. 2981, effective February 14, 1994; amended in R91-23 at 18 Ill. Reg. 13457, effective

August 19, 1994; amended in R93-13 at 19 Ill. Reg. 1310, effective January 30, 1995; amended

in R95-14 at 20 Ill. Reg. 3534, effective February 8, 1996; amended in R97-25 at 22 Ill. Reg.

1403, effective December 24, 1997; amended in R01-13 at 26 Ill. Reg. 3517, effective February

22, 2002; amended in R03-11 at 28 Ill. Reg. 3071, effective February 4, 2004; amended in R06-

24 at 31 Ill. Reg. 4440, effective February 27, 2007; amended in R09-8 at ____ Ill. Reg.

_________, effective _____________________.

SUBPART C: SPECIFIC USE DESIGNATIONS AND SITE SPECIFIC WATER QUALITY

STANDARDS

Section 303.446

Springfield Metro Sanitary District Spring Creek Treatment Plan Boron

Discharge

The general use water quality standard for boron set forth in Section 302.208(g) shall not apply

to waters of the state that receive discharge from Outfall 007 of the Spring Creek Treatment

Plant located at 3017 North 8

Street, Springfield, Illinois, owned by the Springfield Metro

Sanitary District. Boron levels in such waters must meet the water quality standard for boron as

set forth in this section:

11.0 mg/L in an area of dispersion within the Sangamon River from Outfall 007 to

182 yards downstream from the confluence of Spring Creek with the Sangamon

River;

4.5 mg/L from 182 yards downstream of the confluence of Spring Creek with the

Sangamon River to the confluence of Salt Creek with the Sangamon, a distance or

39.0 river miles;

1.6 mg/L from the confluence of Salt Creek with the Sangamon River to the

confluence of the Sangamon River with the Illinois River, a distance of 36.1 river

miles; and

1.3 mg/L in the Illinois River from the confluence of the Illinois River with the

confluence of the Sangamon River to 100 yards downstream of the confluence of

the Illinois River with the Sangamon River.

IT IS SO ORDERED.

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that

the Board adopted the above opinion and order on September 18, 2008, by a vote of 4-0.

___________________________________

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board