ILLINOIS POLLUTION CONTROL BOARD
November 20, 2008
IN THE MATTER OF:
)
WASTEWATER PRETREATMENT
UPDATE, USEPA AMENDMENTS (January
1, 2007 through June 30, 2007)
)
)
)
)
R08-5
(Identical-in-Substance Rulemaking -
Water)
Adopted Rule. Final Order.
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
SUMMARY OF THIS ACTION
The Board today adopts amendments to the Illinois regulations that are “identical in
substance” to wastewater pretreatment regulations adopted by the United States Environmental
Protection Agency (USEPA). The amendments involved in this consolidated docket incorporate
amendments into the Illinois wastewater pretreatment regulations in response to one USEPA
action that occurred during the identical-in-substance update period of January 1, 2007 through
June 30, 2007. On March 12, 2007, USEPA adopted amendments relating to analytical methods
approved under the wastewater pretreatment and drinking water programs. The R08-5 docket
includes the wastewater pretreatment segments of those amendments.
Sections 7.2 and 13.3 of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and
13.3 (2006)) require the Board to adopt regulations that are “identical in substance” to federal
wastewater pretreatment regulations. The USEPA wastewater pretreatment rules implement
Sections 307(b), (c), and (d) and 402(b)(8) and (b)(9) of the Federal Water Pollution Control Act
(FWPCA) (33 U.S.C. §§ 1317(b), (c), and (d) and 1342(b)(8) and (b)(9) (2006)). The federal
wastewater pretreatment regulations are found at 40 C.F.R. 400 through 499. Section 13.3 also
provides that Title VII of the Act and Section 5 of the Administrative Procedure Act (APA) (5
ILCS 100/5-35 and 5-40 (2006)) do not apply to the Board’s adoption of identical-in-substance
regulations.
As is explained in more detail immediately below, the Board adopted this proposal for
public comment on August 7, 2008. Only one public comment relevant to these wastewater
pretreatment rules was received during the public comment period, which began on August 29,
2008 and ended on October 13, 2008. The amendments adopted here are substantively
unchanged from the proposal; changes include only correction of typographical errors and
updating of references to federal statutes.
The Board will file the adopted amendments with the Office of the Secretary of State and
submit them for publication in the
Illinois Register
.
2
PROCEDURAL HISTORY
The amendments that underlie the present wastewater pretreatment docket are based on
the same March 12, 2007 USEPA amendments that form the basis of significant Safe Drinking
Water Act (SDWA) (42 U.S.C. §§ 300f (2007)) amendments. By an order dated March 6, 2008,
the Board consolidated the wastewater pretreatment amendments with the SDWA amendments.
Wastewater Pretreatment Update, USEPA Amendments (January 1, 2007 through June 30,
2007), R08-5, SDWA Update, USEPA Amendments (January 1, 2007 through June 30, 2007 and
June 3, 2008), R08-7, SDWA Update, USEPA Amendments (July 1, 2007 through December 31,
2007), R08-13 (Mar. 6, 2008) (consol.) (referred to as “R08-5/R08-7/R08-13”).
On August 7, 2008, the Board adopted a proposal for public comment in this matter, in
the R08-5/R08-7/R08-13 (Aug. 7, 2008). Notices of Proposed Amendment based on that
proposal appeared in the
Illinois Register
at 32 Ill. Reg. 14032 (Part 307) and 14054 (Part 310)
(Aug. 29, 2008).
1
By an order dated September 4, 2008, the Board deconsolidated the R08-5/R08-7/R08-13
docket. This docket, Wastewater Pretreatment Update, USEPA Amendments (January 1, 2007
though June 30, 2007), R08-5, is proceeding to final adoption separately and independently,
based on the August 7, 2008 proposal.
2
The amendments included in this docket are based on USEPA amendments of March 12,
2007. Section 7.2(b) of the Act (415 ILCS 5/7.2(b) (2006)) provides that the due date for final
adoption of these amendments was one year from that date, on March 12, 2008. Section 7.2(b)
further provides, however, that the Board can extend the one-year deadline upon a finding that
more time is necessary to finalize the amendments.
See
415 ILCS 5/7.2(b) (2006). By an order
dated March 6, 2008 in R08-5/R08-7/R08-13, the Board extended the deadline until August 15,
2008. A Notice of Public Information based on that order appeared in the
Illinois Register
at 32
Ill. Reg. 4281 (Mar. 21, 2008). By the August 7, 2008 proposal for public comment, the Board
extended the deadline a second time, until December 1, 2008. A second Notice of Public
Information based on that order appeared in the
Illinois Register
at 32 Ill. Reg. 14360 (Aug. 29,
2008).
1
A Notice of Proposed Amendment also appeared in the August 29, 2008 issue for the SDWA
amendments, at 32 Ill. Reg. 14065 (Part 611).
2
In the September 4, 2008 order that deconsolidated the R08-5/R08-7/R08-13 docket, the Board
amended the proposal in the still-consolidated SDWA update dockets, SDWA Update, USEPA
Amendments (January 1, 2007 through June 30, 2007 and June 3, 2008), R08-7, SDWA Update,
USEPA Amendments (July 1, 2007 through December 31, 2007), R08-13 (consol.). That
September 4, 2008 order also resulted in the formal withdrawal of the August 29, 2008 Notices
of Proposed Amendment under the APA (5 ILCS 100 (2006)) based on the August 7, 2008
Board proposal. A Notice of Withdrawal of Proposed Amendment appeared at 32 Ill. Reg.
16013 (Sep. 26, 2008).
3
The August 29, 2008
Illinois Register
publication of the Notices of Proposed Amendment
for the wastewater pretreatment amendments started the public comment period in this matter.
That comment period ran 45 days, until October 13, 2008. The Board now proceeds to adopt
amendments based on the August 7, 2008 proposal for public comment.
FEDERAL ACTION CONSIDERED IN THIS RULEMAKING
This docket includes federal wastewater pretreatment amendments that USEPA adopted
in the time period January 1, 2007 though June 30, 2007. USEPA adopted one set of
amendments during the period that affected the wastewater pretreatment regulations. The
following briefly summarizes the single federal action that is considered in this rulemaking:
March 12, 2007 (at 72 Fed. Reg. 11200)
USEPA modified the testing procedures approved for sampling and analysis in programs
established under the Clean Water Act (CWA) and the SDWA. The wastewater pretreatment
rules are established under CWA, and the Primary Drinking Water Regulations are established
under SDWA. The amendments updated the versions allowed for existing methods and
approved new methods for use.
No Other Federal Actions Having a Direct Impact on the
Illinois Wastewater Pretreatment Regulations
In addition to the amendments to the federal wastewater pretreatment and SDWA
regulations, amendments to certain other federal regulations occasionally have an effect on the
Illinois drinking water rules. Most notably, 35 Ill. Adm. Code 310.110 incorporates several
segments of the federal regulations by reference, including 40 C.F.R. 3.3, 3.10, 3.2000, 25, tables
II and II in appendix D to part 122, 136, 403 (generally), 403.12, appendices D and G to part
403, and 503. 35 Ill. Adm. Code 307.2201 incorporates 40 C.F.R. 122.23(b) and (c) by
reference, and 35 Ill. Adm. Code 310.602 incorporates 40 C.F.R. 403.12(b) by reference.
As of December 31, 2007, the ending date of the federal actions involved in this proposal
for public comment, USEPA had not amended any of these federal regulations. No Board action
will be required at this time to update the versions of these documents incorporated by reference
in either Part 307 or 310.
PUBLIC COMMENTS
The Board adopted a proposal for public comment in this matter in R08-5/R08-7/R08-13
on August 7, 2008. At the time of that proposal, this docket R08-5 was consolidated with
SDWA dockets R08-7 and R08-13. Notices of Proposed Amendments appeared in the
Illinois
Register
at 32 Ill. Reg. 14032 (Part 307) and 14054 (Part 310) (Aug. 29, 2008). The Board
issued an order in the consolidated R08-5/R08-7/R08-13 docket on September 4, 2008 that
deconsolidated the wastewater pretreatment amendments from the SDWA amendments.
4
In this order in the deconsolidated R08-5 docket, the Board proceeds separately to adopt
the wastewater pretreatment amendments.
The Board received a few public comments in the consolidated docket that pertained only
to the SDWA amendments that are now involved in the severed consolidated SDWA docket
R08-7/R08-13. The Board received a single comment pertaining to the wastewater pretreatment
amendments involved in this docket, R08-5. The Board presents a complete listing of the
comments received in the R08-5/R08-7/R08-13 docket below, indicating whether each related to
the wastewater pretreatment or the SDWA amendments. The comments received were the
following:
PC 1 August 10, 2007 through August 13, 2007 e-mail exchange between Stefanie
Diers, Division of Legal Counsel, Illinois Environmental Protection Agency
(Agency) and Michael J. McCambridge, hearing officer (pertaining only to the
SDWA amendments in consolidated docket R08-7/R08-13).
PC 2 November 20, 2007 letter from Stefanie Diers, Agency (received November 21,
2007) (pertaining only to the SDWA amendments in consolidated docket R08-
7/R08-13).
PC 3 July 8, 2008 through July 10, 2008 e-mail exchange between Jayne Brown,
Chemistry Support, Waters Crop. (with attached copy of Method 6500, rev. 0
(Feb. 2007)) and Michael J. McCambridge, hearing officer (pertaining only to the
SDWA amendments in consolidated docket R08-7/R08-13).
PC 4 July 8, 2008 through July 10, 2008 e-mail exchange between Pat Fair, Office of
Ground Water and Drinking Water, USEPA and Michael J. McCambridge,
hearing officer (pertaining only to the SDWA amendments in consolidated docket
R08-7/R08-13).
PC 5 August 18, 2008 e-mail from Deborah Connelly, Joint Committee on
Administrative Rules (JCAR) to Michael J. McCambridge, hearing officer
(pertaining exclusively to the wastewater pretreatment amendments).
PC 6 August 18, 2008 and August 19, 2008 e-mail exchange between Deborah
Connelly, JCAR and Michael J. McCambridge, hearing officer (pertaining only to
the SDWA amendments in consolidated docket R08-7/R08-13 SDWA).
By PC 5, the only comments that related to the wastewater pretreatment amendments,
JCAR suggested a single correction to the text of the amendments. That correction is listed in
table 3, which appears on page 10 of this opinion and order.
DISCUSSION
The following discussion begins with a description of the amendments undertaken in
direct response to the federal action involved in this proceeding. The discussion closes with a
5
description of the miscellaneous amendments that are not directly derived from the federal
action, but which the Board routinely includes in these update dockets as necessary.
Discussions of the Federal Actions
Analytical Methods Update--Sections 307.4000, 307.7500, and 310.107
The USEPA action of March 12, 2007 (72 Fed. Reg. 11200) amended the provisions that
prescribe the analytical methods that a regulated entity must use to demonstrate compliance
under the federal CWA (33 U.S.C. §§ 1251
et. seq.
(2006)) and the federal SDWA (42 U.S.C.
§§ 300f
et seq.
(2006)). Among the provisions that USEPA amended were 40 C.F.R. 136.3,
136.4, 136.5, 136.6, 430.02, 455.50, Table 7 to 455, and 465.03, which set forth the methods for
use under CWA programs.
3
The amendments designate new methods as acceptable, and they
add updated versions of older methods as acceptable.
The Board updated the methods in the Illinois wastewater pretreatment regulations to
correspond with the March 12, 2007 USEPA methods approval and update. Any person
interested in the substance of the USEPA actions should review the
Federal Register
notice of
March 12, 2007. The following discussion only reviews the substance of the federal actions to
the degree necessary to incorporate the substance of the federal changes into the Illinois
regulations.
Incorporation of the federal amendments into the wastewater pretreatment rules involved
updating the version of appropriate
Code of Federal Regulations
provisions that are incorporated
by reference in the Illinois rules. The Board has included a limited number of additional
amendments necessary to assure that all incorporations by reference are up to date in the
segments of text involved. The tables that appear beginning on page 8 of this opinion list and
briefly describe the deviations from the literal text of the federal rules and the changes made in
the existing text of the Illinois rules that were not derived from federal amendments.
The Board requested public comment on the incorporation of the March 12, 2007
USEPA CWA methods revisions into the Illinois wastewater pretreatment regulations. The
Board received only PC 5 from JCAR in response. PC 5 offered only a single non-substantive
correction.
General Revisions and Deviations from the Federal Text
In incorporating the federal rules into the Illinois system, some deviation from the federal
text is unavoidable. This deviation arises primarily through differences between the federal and
state regulatory structure and systems. Some deviation also arises through errors in and
problems with the federal text itself. The Board conforms the federal text to the Illinois rules
3
USEPA also amended 40 C.F.R. 141.21, 141.23, 141.24, 141.25, 141.74, 143.4, which set forth
analytical methods for use under SDWA. Those amendments are included in the consolidated
R08-7/R08-13 SDWA update docket.
6
and regulatory scheme and corrects errors found in the text in the course of these routine update
rulemakings.
In addition to the amendments derived from federal amendments, the Board often finds it
necessary to alter the text of various passages of the existing rules as provisions are opened for
update in response to USEPA actions. This involves correcting deficiencies, clarifying
provisions, and making other changes that are necessary to establish a clear set of rules that
closely parallel the corresponding federal requirements within the codification scheme of the
Illinois Administrative Code.
The Board updates the citations to the
Code of Federal Regulations
to the most recent
version available. As discussed above, the most recent version of the
Code of Federal
Regulations
available to the Board is the July 1, 2007 edition for USEPA regulations (Title 40).
Thus, the Board has updated all citations to Title 40 to the 2007 edition of the
Code of Federal
Regulations
, adding references to later amendments using their appropriate
Federal Register
citation, where necessary.
The Board substituted “or” for “/” in most instances where this appeared in the federal
base text, using “and” where more appropriate. The Board further used this opportunity to make
a number of corrections to punctuation, grammar, spelling, and cross-reference format
throughout the opened text. We changed “who” to “that” and “he” or “she” to “it,” where the
person to which the regulation referred was not necessarily a natural person, or to “he or she,”
where a natural person was evident; changed “which” to “that” for restrictive relative clauses;
substituted “must” for “shall”; capitalized the section headings and corrected their format where
necessary; and corrected punctuation within sentences.
In addition, the federal rules have been edited to establish a uniform usage throughout the
Board’s regulations. For example, with respect to “shall,” “will,” and “may,” “must” is used
when an action is required by the rule, without regard to whether the action is required of the
subject of the sentence or not. “Shall” is no longer used, since it is not used in everyday
language. Thus, where a federal rule uses “shall,” the Board substitutes “must.” This is a break
from our former practice where “shall” was used when the subject of a sentence has a duty to do
something. “Will” is used when the Board obliges itself to do something. “May” is used when
choice of a provision is optional. “Or” is used rather than “and/or,” and denotes “one or both.”
“Either . . . or” denotes “one but not both.” “And” denotes “both.”
JCAR has requested that the Board refer to the United States Environmental Protection
Agency in the same manner throughout all of our bodies of regulations—
i.e.
, air, water, drinking
water, RCRA Subtitle D (municipal solid waste landfill), RCRA Subtitle C (hazardous waste),
underground injection control (UIC), etc. The Board has decided to refer to the United States
Environmental Protection Agency as “USEPA.” The Board will continue this conversion in
future rulemakings as additional sections become open to amendment. The Board will further
convert “EPA” used in federal text to “USEPA,” where USEPA is clearly intended.
The Board has assembled tables to aid in the location of these alterations and to briefly
outline their intended purpose. Table 1 sets forth the miscellaneous deviations from the federal
7
text, and Table 2 itemizes the corrections to the pre-amended base text of the rules in detail.
Table 1 and Table 2 both begin on page 8 of this opinion. There is no further discussion of most
of the deviations and revisions elsewhere in this opinion.
Discussion of Corrective Amendments
The Board has traditionally used the occasion of these identical-in-substance updates to
correct segments of the base text of the Illinois regulations. These corrections are non-
substantive in effect. The Board is including a number of non-substantive corrections in this
docket.
The Board will not discuss the bulk of the particular corrective amendments in this
segment of this discussion. Only one warrants specific discussion. That discussion follows this
paragraph. The corrections are itemized in the Table 1, which begins on page 8 of this opinion.
Tabulation of Miscellaneous Housekeeping Amendments
The tables below list numerous corrections and amendments that are not based on current
federal amendments. The first table (which begins immediately below) includes deviations made
in this Proposal for Public Comment from the verbatim text of the federal amendments. The
second table (which begins immediately after Table 1, on page 8 below) contains corrections and
clarifications that the Board made in the base text involved in this proposal. The amendments
listed in this second table are not directly derived from the current federal amendments. Some of
the entries in these tables are discussed further in appropriate segments of the general discussion
beginning at page 5 of this opinion. Table 3 (beginning on page 10 below) is a listing of
revisions made to the text of the amendments from that proposed and set forth in the Board’s
opinion and order of August 7, 2008. Table 3 indicates the changes made, as well as the source
that suggested each of the changes.
Table 1:
Deviations from the Text of the Federal Amendments
Illinois Section
40 C.F.R. Section
Revision(s)
307.4000(c)
430.02(g)
Updated the citation to the
Code of Federal
Regulations
to the most recent edition to
incorporate March 12, 2007 federal
amendments by reference
307.7500(c)
465.03(c)
Updated the citation to the
Code of Federal
Regulations
to the most recent edition to
incorporate March 12, 2007 federal
amendments by reference
310.107(b), “40 CFR
136”
136.3, 136.4, 136.5, and
136.6
Updated the citation to the
Code of Federal
Regulations
to the most recent edition to
incorporate March 12, 2007 federal
amendments by reference
8
Table 2:
Board Housekeeping Amendments
Section
Source
Revision(s)
307 source note
JCAR
Corrected “R06-15” to “R06-13”
307.4000(b)
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition
307.4000(d)
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition
307.7500(b)
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition
307.7500(d)
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition
310 source note
Board
Corrected “R06-16” to “R06-13”
310.107(b), “40 CFR
2.302”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition
310.107(b), “40 CFR
3.2”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition, including removal of the
obsolete
Federal Register
citation
310.107(b), “40 CFR
3.3”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition, including removal of the
obsolete
Federal Register
citation
310.107(b), “40 CFR
3.10”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition, including removal of the
obsolete
Federal Register
citation
310.107(b), “40 CFR
3.2000”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition, including removal of the
obsolete
Federal Register
citation
310.107(b), “40 CFR
25”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition
310.107(b), “tables II
and III in appendix D
to 40 CFR 122”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition
310.107(b), “40 CFR
136”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition
310.107(b), “40 CFR
403”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition, including removal of the
obsolete
Federal Register
citation
310.107(b), “40 CFR
403.12”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition, including removal of the
obsolete
Federal Register
citation
310.107(b),
“appendix D to 40
CFR 403”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition
9
310.107(b),
“appendix G to 40
CFR 403”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition, including removal of the
obsolete
Federal Register
citation
310.107(b), “40 CFR
503”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition
310.107(c), “18 USC
1001”
Board
Updated the citation to the
United States Code
to the
most recent edition
310.107(c), “33 USC
1251”
Board
Updated the citation to the
United States Code
to the
most recent edition
310.107(c), “33 USC
1284”
Board
Updated the citation to the
United States Code
to the
most recent edition
310.107(c), “33 USC
1284”
Board
Updated the citation to the
United States Code
to the
most recent edition
310.107(c), “33 USC
1292”
Board
Updated the citation to the
United States Code
to the
most recent edition
310.107(c), “33 USC
1318”
Board
Updated the citation to the
United States Code
to the
most recent edition
310.107(c), “33 USC
1319”
Board
Updated the citation to the
United States Code
to the
most recent edition
310.107(c), “33 USC
1345”
Board
Updated the citation to the
United States Code
to the
most recent edition
310.107(c), “42 USC
6921-6939e and
6441-6949a”
Board
Updated the citation to the
United States Code
to the
most recent edition
Table 3:
Revisions to the Text of the Proposed Amendments in Final Adoption
Section Revised
Source(s) of
Revision(s)
Revision(s)
307 source note
JCAR
Corrected “R06-15” to “R06-13”
310 source note
Board
Corrected “R06-16” to “R06-13”
310.107(c), “18 USC
1001”
Board
Updated the citation to the
United States Code
to the
most recent edition
310.107(c), “33 USC
1251”
Board
Updated the citation to the 2006 edition of the
United
States Code
to the 2007 edition, which is the most
recent edition available
310.107(c), “33 USC
1284”
Board
Updated the proposed change to the 2006 edition in
the citation of the
United States Code
to the 2007
edition, which is the most recent edition available
310.107(c), “33 USC
1284”
Board
Updated the proposed change to the 2006 edition in
the citation of the
United States Code
to the 2007
edition, which is the most recent edition available
10
310.107(c), “33 USC
1292”
Board
Updated the proposed change to the 2006 edition in
the citation of the
United States Code
to the 2007
edition, which is the most recent edition available
310.107(c), “33 USC
1318”
Board
Updated the proposed change to the 2006 edition in
the citation of the
United States Code
to the 2007
edition, which is the most recent edition available
310.107(c), “33 USC
1319”
Board
Updated the proposed change to the 2006 edition in
the citation of the
United States Code
to the 2007
edition, which is the most recent edition available
310.107(c), “33 USC
1345”
Board
Updated the proposed change to the 2006 edition in
the citation of the
United States Code
to the 2007
edition, which is the most recent edition available
310.107(c), “42 USC
6921-6939e and 6441-
6949a”
Board
Updated the proposed change to the 2006 edition in
the citation of the
United States Code
to the 2007
edition, which is the most recent edition available
The Clerk is directed to cause the filing of the following adopted amendments with the
Office of the Secretary of State and cause their publication in the
Illinois Register
:
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 307
SEWER DISCHARGE CRITERIA
SUBPART A: GENERAL PROVISIONS
Section
307.101
Preamble (Renumbered)
307.102
General Requirements (Renumbered)
307.103
Mercury (Renumbered)
307.104
Cyanide (STORET number 00720) (Renumbered)
307.105
Pretreatment Requirements (Repealed)
307.1001
Preamble
307.1002
Definitions
307.1003
Test Procedures for Measurement
307.1005
Toxic Pollutants
307.1006
Electronic Reporting
SUBPART B: GENERAL AND SPECIFIC PRETREATMENT
REQUIREMENTS
Section
307.1101
General and Specific Requirements
307.1102
Mercury
307.1103
Cyanide
11
SUBPART F: DAIRY PRODUCTS PROCESSING
Section
307.1501
Receiving Stations
307.1502
Fluid Products
307.1503
Cultured Products
307.1504
Butter
307.1505
Cottage Cheese and Cultured Cream Cheese
307.1506
Natural and Processed Cheese
307.1507
Fluid Mix for Ice Cream and other Frozen Desserts
307.1508
Ice Cream, Frozen Desserts, Novelties, and Other Dairy Desserts
307.1509
Condensed Milk
307.1510
Dry Milk
307.1511
Condensed Whey
307.1512
Dry Whey
SUBPART G: GRAIN MILLS
Section
307.1601
Corn Wet Milling
307.1602
Corn Dry Milling
307.1603
Normal Wheat Flour Milling
307.1604
Bulgur Wheat Flour Milling
307.1605
Normal Rice Milling
307.1606
Parboiled Rice Milling
307.1607
Animal Feed
307.1608
Hot Cereal
307.1609
Ready-to-Eat Cereal
307.1610
Wheat Starch and Gluten
SUBPART H: CANNED AND PRESERVED FRUITS AND VEGETABLES
Section
307.1700
General Provisions
307.1701
Apple Juice
307.1702
Apple Products
307.1703
Citrus Products
307.1704
Frozen Potato Products
307.1705
Dehydrated Potato Products
307.1706
Canned and Preserved Fruits
307.1707
Canned and Preserved Vegetables
307.1708
Canned and Miscellaneous Specialties
SUBPART I: CANNED AND PRESERVED SEAFOOD
Section
307.1801
Farm-Raised Catfish
307.1815
Fish Meal Processing Subcategory
12
SUBPART J: SUGAR PROCESSING
Section
307.1901
Beet Sugar Processing
307.1902
Crystalline Cane Sugar Refining
307.1903
Liquid Cane Sugar Refining
SUBPART K: TEXTILE MILLS
Section
307.2000
General Provisions
307.2001
Wool Scouring
307.2002
Wool Finishing
307.2003
Low Water Use Processing
307.2004
Woven Fabric Finishing
307.2005
Knit Fabric Finishing
307.2006
Carpet Finishing
307.2007
Stock and Yarn Finishing
307.2008
Nonwoven Manufacturing
307.2009
Felted Fabric Processing
SUBPART L: CEMENT MANUFACTURING
Section
307.2101
Nonleaching
307.2102
Leaching
307.2103
Materials Storage Piles Runoff
SUBPART M: CONCENTRATED ANIMAL FEEDING OPERATIONS
Section
307.2201
General
307.2202
Ducks
SUBPART N: ELECTROPLATING
Section
307.2300
General Provisions
307.2301
Electroplating of Common Metals
307.2302
Electroplating of Precious Metals
307.2304
Anodizing
307.2305
Coatings
307.2306
Chemical Etching and Milling
307.2307
Electroless Plating
307.2308
Printed Circuit Boards
SUBPART O: ORGANIC CHEMICALS, PLASTICS, AND SYNTHETIC
FIBERS
Section
307.2400
General Provisions
307.2401
Rayon Fibers
13
307.2402
Other Fibers
307.2403
Thermoplastic Resins
307.2404
Thermosetting Resins
307.2405
Commodity Organic Chemicals
307.2406
Bulk Organic Chemicals
307.2407
Specialty Organic Chemicals
307.2410
Indirect Discharge Point Sources
307.2490
Non-Complexed Metal-Bearing and Cyanide-Bearing Waste Streams
307.2491
Complexed Metal-Bearing Waste Streams
SUBPART P: INORGANIC CHEMICALS MANUFACTURING
Section
307.2500
General Provisions
307.2501
Aluminum Chloride Production
307.2502
Aluminum Sulfate Production
307.2503
Calcium Carbide Production
307.2504
Calcium Chloride Production
307.2505
Calcium Oxide Production
307.2506
Chlor-Alkali Process (Chlorine and Sodium or Potassium Hydroxide Production)
307.2508
Hydrofluoric Acid Production
307.2509
Hydrogen Peroxide Production
307.2511
Potassium Metal Production
307.2512
Potassium Dichromate Production
307.2513
Potassium Sulfate Production
307.2514
Sodium Bicarbonate Production
307.2516
Sodium Chloride Production
307.2517
Sodium Dichromate and Sodium Sulfate Production
307.2520
Sodium Sulfite Production
307.2522
Titanium Dioxide Production
307.2523
Aluminum Fluoride Production
307.2524
Ammonium Chloride Production
307.2527
Borax Production
307.2528
Boric Acid Production
307.2529
Bromine Production
307.2530
Calcium Carbonate Production
307.2531
Calcium Hydroxide Production
307.2533
Carbon Monoxide and Byproduct Hydrogen Production
307.2534
Chrome Pigments Production
307.2535
Chromic Acid Production
307.2536
Copper Salts Production
307.2538
Ferric Chloride Production
307.2540
Fluorine Production
307.2541
Hydrogen Production
307.2542
Hydrogen Cyanide Production
307.2543
Iodine Production
307.2544
Lead Monoxide Production
14
307.2545
Lithium Carbonate Production
307.2547
Nickel Salts Production
307.2549
Oxygen and Nitrogen Production
307.2550
Potassium Chloride Production
307.2551
Potassium Iodide Production
307.2553
Silver Nitrate Production
307.2554
Sodium Bisulfite Production
307.2555
Sodium Fluoride Production
307.2560
Stannic Oxide Production
307.2563
Zinc Sulfate Production
307.2564
Cadmium Pigments and Salts Production
307.2565
Cobalt Salts Production
307.2566
Sodium Chlorate Production
307.2567
Zinc Chloride Production
SUBPART R: SOAP AND DETERGENTS
Section
307.2701
Soap Manufacturing by Batch Kettle
307.2702
Fatty Acid Manufacturing by Fat Splitting
307.2703
Soap Manufacturing by Fatty Acid Neutralization
307.2704
Glycerine Concentration
307.2705
Glycerine Distillation
307.2706
Manufacture of Soap Flakes and Powders
307.2707
Manufacture of Bar Soaps
307.2708
Manufacture of Liquid Soaps
307.2709
Oleum Sulfonation and Sulfation
307.2710
Air-Sulfur Trioxide Sulfation and Sulfonation
307.2711
Sulfur Trioxide Solvent and Vacuum Sulfonation
307.2712
Sulfamic Acid Sulfation
307.2713
Chlorosulfonic Acid Sulfation
307.2714
Neutralization of Sulfuric Acid Esters and Sulfonic Acids
307.2715
Manufacture of Spray Dried Detergents
307.2716
Manufacture of Liquid Detergents
307.2717
Manufacturing of Detergents by Dry Blending
307.2718
Manufacture of Drum Dried Detergents
307.2719
Manufacture of Detergent Bars and Cakes
SUBPART S: FERTILIZER MANUFACTURING
Section
307.2801
Phosphate
307.2802
Ammonia
307.2803
Urea
307.2804
Ammonium Nitrate
307.2805
Nitric Acid
307.2806
Ammonium Sulfate Production
307.2807
Mixed and Blend Fertilizer Production
15
SUBPART T: PETROLEUM REFINING
Section
307.2901
Topping
307.2902
Cracking
307.2903
Petrochemical
307.2904
Lube
307.2905
Integrated
SUBPART U: IRON AND STEEL MANUFACTURING
Section
307.3000
General Provisions
307.3001
Cokemaking
307.3002
Sintering
307.3003
Ironmaking
307.3004
Steelmaking
307.3005
Vacuum Degassing
307.3006
Continuous Casting
307.3007
Hot Forming
307.3008
Salt Bath Descaling
307.3009
Acid Pickling
307.3010
Cold Forming
307.3011
Alkaline Cleaning
307.3012
Hot Coating
307.3013
Other Operations
SUBPART V: NONFERROUS METALS MANUFACTURING
Section
307.3100
General Provisions
307.3101
Bauxite Refining
307.3102
Primary Aluminum Smelting
307.3103
Secondary Aluminum Smelting
307.3104
Primary Copper Smelting
307.3105
Primary Electrolytic Copper Refining
307.3106
Secondary Copper
307.3107
Primary Lead
307.3108
Primary Zinc
307.3109
Metallurgical Acid Plants
307.3110
Primary Tungsten
307.3111
Primary Columbium-Tantalum
307.3112
Secondary Silver
307.3113
Secondary Lead
307.3114
Primary Antimony
307.3115
Primary Beryllium
307.3116
Primary and Secondary Germanium and Gallium
307.3117
Secondary Indium
16
307.3118
Secondary Mercury
307.3119
Primary Molybdenum and Rhenium
307.3120
Secondary Molybdenum and Vanadium
307.3121
Primary Nickel and Cobalt
307.3122
Secondary Nickel
307.3123
Primary Precious Metals and Mercury
307.3124
Secondary Precious Metals
307.3125
Primary Rare Earth Metals
307.3126
Secondary Tantalum
307.3127
Secondary Tin
307.3128
Primary and Secondary Titanium
307.3129
Secondary Tungsten and Cobalt
307.3130
Secondary Uranium
307.3131
Primary Zirconium and Hafnium
SUBPART X: STEAM ELECTRIC POWER GENERATING
Section
307.3301
Steam Electric Power Generating
SUBPART Y: FERROALLOY MANUFACTURING
Section
307.3401
Open Electric Furnaces With Wet Air Pollution Control Devices
307.3402
Covered Electric Furnaces and Other Smelting Operations with Wet Air Pollution
Control Devices
307.3403
Slag Processing
307.3404
Covered Calcium Carbide Furnaces With Wet Air Pollution Control Devices
307.3405
Other Calcium Carbide Furnaces
307.3406
Electrolytic Manganese Products
307.3407
Electrolytic Chromium
SUBPART Z: LEATHER TANNING AND FINISHING
Section
307.3500
General Provisions
307.3501
Hair Pulp, Chrome Tan, Retan-Wet Finish
307.3502
Hair Save, Chrome Tan, Retan-Wet Finish
307.3503
Hair Save or Pulp, Non-Chrome Tan, Retan-Wet Finish
307.3504
Retan-Wet Finish-Sides
307.3505
No Beamhouse
307.3506
Through-the-Blue
307.3507
Shearling
307.3508
Pigskin
307.3509
Retan-Wet Finish-Splits
307.3590
Potassium Ferricyanide Titration Method
17
SUBPART BA: GLASS MANUFACTURING
Section
307.3601
Insulation Fiberglass
307.3602
Sheet Glass Manufacturing
307.3603
Rolled Glass Manufacturing
307.3604
Plate Glass Manufacturing
307.3605
Float Glass Manufacturing
307.3606
Automotive Glass Tempering
307.3607
Automotive Glass Laminating
307.3608
Glass Container Manufacturing
307.3610
Glass Tubing (Danner) Manufacturing
307.3611
Television Picture Tube Envelope Manufacturing
307.3612
Incandescent Lamp Envelope Manufacturing
307.3613
Hand Pressed and Blown Glass Manufacturing
SUBPART BB: ASBESTOS MANUFACTURING
Section
307.3701
Asbestos-Cement Pipe
307.3702
Asbestos-Cement Sheet
307.3703
Asbestos Paper (Starch Binder)
307.3704
Asbestos Paper (Elastomeric Binder)
307.3705
Asbestos Millboard
307.3706
Asbestos Roofing
307.3707
Asbestos Floor Tile
307.3708
Coating or Finishing of Asbestos Textiles
307.3709
Solvent Recovery
307.3710
Vapor Absorption
307.3711
Wet Dust Collection
SUBPART BC: RUBBER MANUFACTURING
Section
307.3801
Tire and Inner Tube Plants
307.3802
Emulsion Crumb Rubber
307.3803
Solution Crumb Rubber
307.3804
Latex Rubber
307.3805
Small-Sized General Molded, Extruded, and Fabricated Rubber Plants
307.3806
Medium-Sized General Molded, Extruded, and Fabricated Rubber Plants
307.3807
Large-Sized General Molded, Extruded, and Fabricated Rubber Plants
307.3808
Wet Digestion Reclaimed Rubber
307.3809
Pan, Dry Digestion, and Mechanical Reclaimed Rubber
307.3810
Latex-Dipped, Latex-Extruded, and Latex-Molded Rubber
307.3811
Latex Foam
SUBPART BD: TIMBER PRODUCTS PROCESSING
Section
307.3900
General Provisions
18
307.3901
Barking
307.3902
Veneer
307.3903
Plywood
307.3904
Dry Process Hardboard
307.3905
Wet Process Hardboard
307.3906
Wood Preserving-Water Borne or Nonpressure
307.3907
Wood Preserving-Steam
307.3908
Wood Preserving-Boulton
307.3909
Wet Storage
307.3910
Log Washing
307.3911
Sawmills and Planing Mills
307.3912
Finishing
307.3913
Particleboard Manufacturing
307.3914
Insulation Board
307.3915
Wood Furniture and Fixture Production without Water Wash Spray Booths or
without Laundry Facilities
307.3916
Wood Furniture and Fixture Production with Water Wash Spray Booths or with
Laundry Facilities
SUBPART BE: PULP, PAPER, AND PAPERBOARD
Section
307.4000
General Provisions
307.4001
Dissolving Kraft
307.4002
Bleached Papergrade Kraft and Soda
307.4003
Unbleached Kraft
307.4004
Dissolving Sulfite
307.4005
Papergrade Sulfite
307.4006
Semi-Chemical
307.4007
Mechanical Pulp
307.4008
Non-Wood Chemical Pulp
307.4009
Secondary Fiber Deink
307.4010
Secondary Fiber Non-Deink
307.4011
Fine and Lightweight Papers from Purchased Pulp
307.4012
Tissue, Filter, Non-Woven, and Paperboard from Purchased Pulp
307.4013
Groundwood-Thermo-Mechanical (Repealed)
307.4014
Groundwood-CMN Papers (Repealed)
307.4015
Groundwood-Fine Papers (Repealed)
307.4016
Soda (Repealed)
307.4017
Deink (Repealed)
307.4018
Nonintegrated-Fine Papers (Repealed)
307.4019
Nonintegrated-Tissue Papers (Repealed)
307.4020
Tissue From Wastepaper (Repealed)
307.4021
Papergrade Sulfite (Drum Wash) (Repealed)
307.4022
Unbleached Kraft and Semi-Chemical (Repealed)
307.4023
Wastepaper-Molded Products (Repealed)
307.4024
Nonintegrated-Lightweight Papers (Repealed)
19
307.4025
Nonintegrated-Filter and Nonwoven Papers (Repealed)
307.4026
Nonintegrated-Paperboard (Repealed)
SUBPART BF: BUILDERS’ PAPER AND BOARD MILLS
Section
307.4101
Builder’s Paper and Roofing Felt (Repealed)
SUBPART BG: MEAT PRODUCTS
Section
307.4201
Simple Slaughterhouse
307.4202
Complex Slaughterhouse
307.4203
Low-Processing Packinghouse
307.4204
High-Processing Packinghouse
307.4205
Small Processor
307.4206
Meat Cutter
307.4207
Sausage and Luncheon Meats Processor
307.4208
Ham Processor
307.4209
Canned Meats Processor
307.4210
Renderer
SUBPART BH: METAL FINISHING
Section
307.4300
General Provisions
307.4301
Metal Finishing
SUBPART BL: CENTRALIZED WASTE TREATMENT
Section
307.4700
General Provisions
307.4701
Metals Treatment and Recovery
307.4702
Oils Treatment and Recovery
307.4703
Organics Treatment and Recovery
307.4704
Multiple Waste Streams
SUBPART BN: PHARMACEUTICAL MANUFACTURING
Section
307.4900
General Provisions
307.4901
Fermentation Products
307.4902
Extraction Products
307.4903
Chemical Synthesis Products
307.4904
Mixing/Compounding and Formulation
307.4905
Research (Repealed)
SUBPART BQ: TRANSPORTATION EQUIPMENT CLEANING
Section
307.5200
General Provisions
307.5201
Tank Trucks and Intermodal Tank Containers Transporting Chemical and
20
Petroleum Cargos
307.5202
Rail Tank Cars Transporting Chemical and Petroleum Cargos
307.5203
Tank Barges and Ocean/Sea Tankers Transporting Chemical and Petroleum
Cargos
307.5204
Tanks Transporting Food Grade Cargos
SUBPART BR: PAVING AND ROOFING MATERIALS (TARS AND
ASPHALT)
Section
307.5301
Asphalt Emulsion
307.5302
Asphalt Concrete
307.5303
Asphalt Roofing
307.5304
Linoleum and Printed Asphalt Felt
SUBPART BS: WASTE COMBUSTORS
Section
307.5401
Commercial Hazardous Waste Combustor
SUBPART BT: LANDFILLS
Section
307.5500
General Provisions
307.5501
RCRA Subtitle C Hazardous Waste Landfill
307.5502
RCRA Subtitle D Non-Hazardous Waste Landfill
SUBPART BU: PAINT FORMULATING
Section
307.5601
Oil-Base Solvent Wash Paint
SUBPART BV: INK FORMULATING
Section
307.5701
Oil-Base Solvent Wash Ink
SUBPART CD: PESTICIDE CHEMICALS
Section
307.6500
General Provisions
307.6501
Organic Pesticide Chemicals Manufacturing
307.6502
Metallo-Organic Pesticides Chemicals Manufacturing
307.6503
Pesticide Chemicals Formulating and Packaging
307.6505
Repackaging of Agricultural Pesticides Performed at Refilling Establishments
SUBPART CG: CARBON BLACK MANUFACTURING
Section
307.6801
Carbon Black Furnace Process
307.6802
Carbon Black Thermal Process
307.6803
Carbon Black Channel Process
307.6804
Carbon Black Lamp Process
21
SUBPART CJ: BATTERY MANUFACTURING
Section
307.7100
General Provisions
307.7101
Cadmium
307.7102
Calcium
307.7103
Lead
307.7104
Leclanche
307.7105
Lithium
307.7106
Magnesium
307.7107
Zinc
SUBPART CL: PLASTICS MOLDING AND FORMING
Section
307.7300
General Provisions
307.7301
Contact Cooling and Heating Water
307.7302
Cleaning Water
307.7303
Finishing Water
SUBPART CM: METAL MOLDING AND CASTING
Section
307.7400
General Provisions
307.7401
Aluminum Casting
307.7402
Copper Casting
307.7403
Ferrous Casting
307.7404
Zinc Casting
SUBPART CN: COIL COATING
Section
307.7500
General Provisions
307.7501
Steel Basis Material
307.7502
Galvanized Basis Material
307.7503
Aluminum Basis Material
307.7504
Canmaking
SUBPART CO: PORCELAIN ENAMELING
Section
307.7600
General Provisions
307.7601
Steel Basis Material
307.7602
Cast Iron Basis Material
307.7603
Aluminum Basis Material
307.7604
Copper Basis Material
SUBPART CP: ALUMINUM FORMING
Section
307.7700
General Provisions
22
307.7701
Rolling With Neat Oils
307.7702
Rolling With Emulsions
307.7703
Extrusion
307.7704
Forging
307.7705
Drawing With Neat Oils
307.7706
Drawing With Emulsions or Soaps
SUBPART CQ: COPPER FORMING
Section
307.7800
General Provisions
307.7801
Copper Forming
307.7802
Beryllium Copper Forming
SUBPART CR: ELECTRICAL AND ELECTRONIC COMPONENTS
Section
307.7901
Semiconductor
307.7902
Electronic Crystals
307.7903
Cathode Ray Tube
307.7904
Luminescent Materials
SUBPART CT: NONFERROUS METALS FORMING AND METAL
POWDERS
Section
307.8100
General Provisions
307.8101
Lead-Tin-Bismuth Forming
307.8102
Magnesium Forming
307.8103
Nickel-Cobalt Forming
307.8104
Precious Metals Forming
307.8105
Refractory Metals Forming
307.8106
Titanium Forming
307.8107
Uranium Forming
307.8108
Zinc Forming
307.8109
Zirconium-Hafnium Forming
307.8110
Metal Powders
307.Appendix A
References to Previous Rules (Repealed)
AUTHORITY: Implementing Sections 7.2, 13, and 13.3 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 13, 13.3, and 27].
SOURCE: Adopted in R70-5, at 1 PCB 426, March 31, 1971; amended in R71-14, at 4 PCB 3,
March 7, 1972; amended in R74-3, at 19 PCB 182, October 30, 1975; amended in R74-15, 16, at
31 PCB 405, at 2 Ill. Reg. 44, p. 151, effective November 2, 1978; amended in R76-17, at 31
PCB 713, at 2 Ill. Reg. 45, p. 101, effective November 5, 1978; amended in R76-21, at 44 PCB
203, at 6 Ill. Reg. 563, effective December 24, 1981; codified at 6 Ill. Reg. 7818; amended in
R82-5, 10, at 54 PCB 411, at 8 Ill. Reg. 1625, effective January 18, 1984; amended in R86-44 at
23
12 Ill. Reg. 2592, effective January 13, 1988; amended in R88-11 at 12 Ill. Reg. 13094, effective
July 29, 1988; amended in R88-18 at 13 Ill. Reg. 1794, effective January 31, 1989; amended in
R89-3 at 13 Ill. Reg. 19288, effective November 17, 1989; amended in R88-9 at 14 Ill. Reg.
3100, effective February 20, 1990; amended in R89-12 at 14 Ill. Reg. 7620, effective May 8,
1990; amended in R91-5 at 16 Ill. Reg. 7377, effective April 27, 1992; amended in R93-2 at 17
Ill. Reg. 19483, effective October 29, 1993; amended in R94-10 at 19 Ill. Reg. 9142, effective
June 23, 1995; amended in R95-22 at 20 Ill. Reg. 5549, effective April 1, 1996; amended in
R97-23 at 21 Ill. Reg. 11930, effective August 12, 1997; amended in R99-4 at 23 Ill. Reg. 4413,
effective March 31, 1999; amended in R99-17 at 23 Ill. Reg. 8421, effective July 12, 1999;
amended in R00-15 at 24 Ill. Reg. 11640, effective July 24, 2000; amended in R01-5 at 25 Ill.
Reg. 1735, effective January 11, 2001; amended in R01-25 at 25 Ill. Reg. 10867, effective
August 14, 2001; amended in R03-13 at 27 Ill. Reg. 15095, effective September 10, 2003;
amended in R04-1 at 28 Ill. Reg. 3076, effective February 6, 2004; amended in R04-18 at 28 Ill.
Reg. 10661, effective July 13, 2004; amended in R05-4/R05-15 at 29 Ill. Reg. 6921, effective
April 26, 2005; amended in R06-13 at 30 Ill. Reg. 17811, effective October 26, 2006; amended
in R08-5/R08-7/R08-13 at 32 Ill. Reg. ________, effective ______________________.
SUBPART BE: PULP, PAPER AND PAPERBOARD
Section 307.4000
General Provisions
a)
Applicability. This Subpart BE applies to any pulp, paper, or paperboard mill that
introduces or may introduce process wastewater pollutants into a publicly owned
treatment works (POTW).
b)
General definitions. The Board incorporates by reference 40 CFR 430.01 (2003)
(2007). This incorporation includes no later amendments or editions.
c)
Monitoring requirements. The Board incorporates by reference 40 CFR 430.02
(2003) (2007). This incorporation includes no later amendments or editions.
d)
Best management practices. The Board incorporates by reference 40 CFR 430.03
(2003) (2007). This incorporation includes no later amendments or editions.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
SUBPART CN: COIL COATING
Section 307.7500
General Provisions
a)
Applicability. This Subpart CN applies to any coil coating facility or to any
canmaking facility that introduces or may introduce process wastewater pollutants
into a POTW.
b)
General definitions. The Board incorporates by reference 40 CFR 465.02 (2003)
(2007)
. This incorporation includes no later amendments or editions.
24
c)
Monitoring requirements. The Board incorporates by reference 40 CFR 465.03
(2003) (2007). This incorporation includes no later amendments or editions.
d)
Compliance dates. The Board incorporates by reference 40 CFR 465.04 (2003)
(2007). This incorporation includes no later amendments or editions.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 310
PRETREATMENT PROGRAMS
SUBPART A: GENERAL PROVISIONS
Section
310.101
Applicability
310.102
Objectives
310.103
Federal Law
310.104
State Law
310.105
Confidentiality
310.106
Electronic Reporting
310.107
Incorporations by Reference
310.110
Definitions
310.111
New Source
310.112
Significant Industrial User
SUBPART B: PRETREATMENT STANDARDS
Section
310.201
General Prohibitions
310.202
Specific Prohibitions
310.210
Local Limits Developed by POTW
310.211
Status of Local Limits
310.220
Categorical Standards
310.221
Source Category Determination Request
310.222
Deadline for Compliance with Categorical Standards
310.230
Concentration and Mass Limits
310.232
Dilution Prohibited as a Substitute for Treatment
310.233
Combined Waste Stream Formula
SUBPART C: REMOVAL CREDITS
Section
310.301
Special Definitions
310.302
Authority
25
310.303
Conditions for Authorization to Grant Removal Credits
310.310
Calculation of Revised Discharge Limits
310.311
Demonstration of Consistent Removal
310.312
Provisional Credits
310.320
Compensation for Overflow
310.330
Exception to POTW Pretreatment Program
310.340
Application for Removal Credits Authorization
310.341
Agency Review
310.343
Assistance of POTW
310.350
Continuation of Authorization
310.351
Modification or Withdrawal of Removal Credits
SUBPART D: PRETREATMENT PERMITS
Section
310.400
Preamble
310.401
Pretreatment Permits
310.402
Time to Apply
310.403
Imminent Endangerment
310.410
Application
310.411
Certification of Capacity
310.412
Signatures
310.413
Site Visit
310.414
Completeness
310.415
Time Limits
310.420
Standard for Issuance
310.421
Final Action
310.430
Conditions
310.431
Duration of Permits
310.432
Schedules of Compliance
310.441
Effect of a Permit
310.442
Modification
310.443
Revocation
310.444
Appeal
SUBPART E: POTW PRETREATMENT PROGRAMS
Section
310.501
Pretreatment Programs Required
310.502
Deadline for Program Approval
310.503
Incorporation of Approved Programs in Permits
310.504
Incorporation of Compliance Schedules in Permits
310.505
Reissuance or Modification of Permits
310.510
Pretreatment Program Requirements
310.511
Receiving Electronic Documents
310.521
Program Approval
310.522
Contents of Program Submission
310.524
Content of Removal Allowance Submission
26
310.531
Agency Action
310.532
Defective Submission
310.533
Water Quality Management
310.541
Deadline for Review
310.542
Public Notice and Hearing
310.543
Agency Decision
310.544
USEPA Objection
310.545
Notice of Decision
310.546
Public Access to Submission
310.547
Appeal
SUBPART F: REPORTING REQUIREMENTS
Section
310.601
Definition of Control Authority (Repealed)
310.602
Baseline Report
310.603
Compliance Schedule
310.604
Report on Compliance with Deadline
310.605
Periodic Reports on Compliance
310.606
Notice of Potential Problems
310.610
Monitoring and Analysis
310.611
Requirements for Non-Categorical Standard Users
310.612
Annual POTW Reports
310.613
Notification of Changed Discharge
310.621
Compliance Schedule for POTWs
310.631
Signatory Requirements for Industrial User Reports
310.632
Signatory Requirements for POTW Reports
310.633
Fraud and False Statements
310.634
Recordkeeping Requirements
310.635
Notification of Discharge of Hazardous Waste
310.636
Annual Certification by Non-Significant Categorical Users
310.637
Receiving Electronic Documents
SUBPART G: FUNDAMENTALLY DIFFERENT FACTORS
Section
310.701
Definition of Requester
310.702
Purpose and Scope
310.703
Criteria
310.704
Fundamentally Different Factors
310.705
Factors that are Not Fundamentally Different
310.706
More Stringent State Law
310.711
Application Deadline
310.712
Contents of FDF Request
310.713
Deficient Requests
310.714
Public Notice
310.721
Agency Review of FDF Requests
310.722
USEPA Review of FDF Requests
27
SUBPART H: ADJUSTMENTS FOR POLLUTANTS IN INTAKE
Section
310.801
Net/Gross Calculation
SUBPART I: UPSETS
Section
310.901
Definition
310.902
Effect of an Upset
310.903
Conditions Necessary for an Upset
310.904
Burden of Proof
310.905
Reviewability of Claims of Upset
310.906
User Responsibility in Case of Upset
SUBPART J: BYPASS
Section
310.910
Definitions
310.911
Bypass Not Violating Applicable Pretreatment Standards or Requirements
310.912
Notice
310.913
Prohibition of Bypass
SUBPART K: MODIFICATION OF POTW PRETREATMENT PROGRAMS
Section
310.920
General
310.921
Substantial Modifications Defined
310.922
Approval Procedures for Substantial Modifications
310.923
Approval Procedures for Non-Substantial Modifications
310.924
Incorporation of Modifications into the Permit
SUBPART L: FEDERAL PROJECT XL AGREEMENTS
Section
310.930
Federally Approved Pretreatment Program Reinvention Pilot Projects Under
Project XL
AUTHORITY: Implementing and authorized by Sections 7.2, 13, 13.3, and 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 13, 13.3, and 27].
SOURCE: Adopted in R86-44 at 12 Ill. Reg. 2502, effective January 13, 1988; amended in R88-
18 at 13 Ill. Reg. 2463, effective January 31, 1989; amended in R89-3 at 13 Ill. Reg. 19243,
effective November 27, 1989; amended in R89-12 at 14 Ill. Reg. 7608, effective May 8, 1990;
amended in R91-5 at 16 Ill. Reg. 7346, effective April 27, 1992; amended in R95-22 at 20 Ill.
Reg. 5533, effective April 1, 1996; amended in R96-12 at 20 Ill. Reg. 10671, effective July 24,
1996; amended in R97-7 at 21 Ill. Reg. 5163, effective April 10, 1997; amended in R98-23 at 22
Ill. Reg. 11465, effective June 22, 1998; amended in R99-17 at 23 Ill. Reg. 8412, effective July
12, 1999; amended in R00-7 at 24 Ill. Reg. 2372, effective January 26, 2000; amended in R00-15
at 24 Ill. Reg. 11633, effective July 24, 2000; amended in R01-5 at 25 Ill. Reg. 1322, effective
28
January 11, 2001; amended in R01-25 at 25 Ill. Reg. 10860, effective August 14, 2001; amended
in R02-3 at 26 Ill. Reg. 4008, effective February 28, 2002; amended in R02-9 at 26 Ill. Reg.
4653, effective March 18, 2002; amended in R03-13 at 27 Ill. Reg. 15137, effective September
10, 2003; amended in R04-1 at 28 Ill. Reg. 3390, effective February 6, 2004; amended in R04-18
at 28 Ill. Reg. 10684, effective July 13, 2004; amended in R06-13 at 30 Ill. Reg. 17847, effective
October 26, 2006; amended in R08-5/R08-7/R08-13 at 32 Ill. Reg. ________, effective
______________________.
SUBPART A: GENERAL PROVISIONS
Section 310.107
Incorporations by Reference
a)
The following publications are incorporated by reference:
Combined Sewer Overflow (CSO) Control Policy (1994) (USEPA
document number EPA-830/Z-94-001) available from NCEPI, 11029
Kenwood Rd., Bldg. 5, Cincinnati, OH 45242; fax (513) 891-6685,
referenced in Section 310.320.
BOARD NOTE: USEPA published the Combined Sewer Overflow
(CSO) Control Policy in the Federal Register at 59 Fed. Reg. 18688 (Apr.
19, 1994), and the USEPA, Office of Water has made it available on the
Internet: www.epa.gov/npdes/pubs/owm0111.pdf.
The consent decree in NRDC v. Costle, 1978 WL 23471, 12 Environment
Reporter Cases 1833 (D.C. Cir. August 16, 1978), referenced in Section
310.320.
Standard Industrial Classification Manual (1987) (document no. PB87-
100012), available from the National Technical Information Service, 5285
Port Royal Road, Springfield, Virginia 22161, referenced in 35 Ill. Adm.
Code 307.2201, 307.2400, 307.2402 through 307.2407, and 307.3901 and
Section 310.602.
b)
The following provisions of the Code of Federal Regulations are incorporated by
reference:
40 CFR 2.302 (2005) (2007) (Special Rules Governing Certain
Information Obtained Under the Clean Water Act), referenced in Section
310.105.
40 CFR 3.2, as added at 70 Fed. Reg. 59848 (Oct. 13, 2005)
(2007) (How
Does This Part Provide for Electronic Reporting?), referenced in Section
310.106.
40 CFR 3.3, as added at 70 Fed. Reg. 59848 (Oct. 13, 2005)
(2007) (What
Definitions Are Applicable to This Part?), referenced in Section 310.106.
29
40 CFR 3.10, as added at 70 Fed. Reg. 59848 (Oct. 13, 2005) (2007)
(What Are the Requirements for Electronic Reporting to EPA?),
referenced in Section 310.106.
40 CFR 3.2000, as added at 70 Fed. Reg. 59848 (Oct. 13, 2005) (2007)
(What Are the Requirements Authorized State, Tribe, and Local
Programs’ Reporting Systems Must Meet?), referenced in Section
310.106.
40 CFR 25 (2005) (2007) (Public Participation in Programs Under the
Resource Conservation and Recovery Act, the Safe Drinking Water Act,
and the Clean Water Act), referenced in Section 310.510.
Tables II (Organic Toxic Pollutants in Each of Four Fractions in Analysis
by Gas Chromatography/Mass Spectroscopy (GS/MS)) and III (Other
Toxic Pollutants (Metals and Cyanide) and Total Phenols) in appendix D
to 40 CFR 122 (2005) (2007) (NPDES Permit Application Testing
Requirements), referenced in 35 Ill. Adm. Code 307.1005.
40 CFR 136 (2005) (2007) (Guidelines Establishing Test Procedures for
the Analysis of Pollutants), referenced in 35 Ill. Adm. Code 307.1003 and
Sections 310.605, 310.610, and 310.611.
40 CFR 403 (2005), as amended at 70 Fed. Reg. 60134 (Oct. 14, 2005)
(2007) (General Pretreatment Regulations for Existing and New Sources
of Pollution), referenced in Section 310.432.
40 CFR 403.12 (2005), as amended at 70 Fed. Reg. 60134 (Oct. 14, 2005)
(2007) (Reporting Requirements for POTWs and Industrial Users),
referenced in Section 310.602.
Appendix D to 40 CFR 403 (2005) (2007) (Selected Industrial
Subcategories Considered Dilute for Purposes of the Combined
Wastestream Formula), referenced in Section 310.233.
Appendix G to 40 CFR 403 (2005), as amended at 70 Fed. Reg. 60134
(Oct. 14, 2005) (2007) (Pollutants Eligible for a Removal Credit),
referenced in Section 310.303.
40 CFR 503 (2005) (2007) (Standards for the Use or Disposal of Sewage
Sludge), referenced in Section 310.303.
c)
The following federal statutes are incorporated by reference:
Section 1001 of federal Crimes and Criminal Procedure (18 USC 1001
30
(2003) (2007)), referenced in Section 310.633.
The federal Clean Water Act (CWA) (33 USC 1251 et seq. (2003)
(2007)), referenced in Section 310.110.
Section 204(b) of the federal Clean Water Act (33 USC 1284(b) (2003)
(2007)), referenced in Section 310.510.
Section 212(2) of the federal Clean Water Act (33 USC 1292(2) (2003)
(2007)), referenced in Section 310.110.
Section 308 of the federal Clean Water Act (33 USC 1318 (2003) (2007)),
referenced in Section 310.510.
Section 309(c)(4) of the federal Clean Water Act (33 USC 1319(c)(4)
(2003) (2007)), referenced in Section 310.633.
Section 309(c)(6) of the federal Clean Water Act (33 USC 1319(c)(6)
(2003) (2007)), referenced in Section 310.633.
Section 405 of the federal Clean Water Act (33 USC 1345 (2003) (2007)),
referenced in Section 310.510.
Subtitles C and D of the federal Resource Conservation and Recovery Act
(42 USC 6921-6939e and 6941-6949a) (2002) (2007)), referenced in
Section 310.510.
d)
This Part incorporates no future editions or amendments.
(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
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 November 20, 2008, by a vote of 5-0.
____________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
