OFFICE
OF
THE
SECRETARY
OF
STATE
JESSE WHITE
• Secretary
of State
10/2/2008
POLLUTION
CONTROL BOARD
JAMES
R
THOMPSON
CENTER
100 W
RANDOLPH
ST
STE 11-500
JOHN THERRIAULT
ASSISTANT
CLERK
CHICAGO,
IL 60601
OIVED
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OFFICE
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6
2()8
ITAT
OF
ILLINOIS
Pollution
Oontrol
Board
Dear
JOHN
THERRIAULT
ASSISTANT
CLERK
Your rules Listed
below
met our
codification standards
and have
been published
in
Volume 32,
Issue 41 of the Illinois
Register, dated
10/10/2008.
PROPOSED
RULES
Water
Use
Designations
and
Site
Specific Water Quality Standards
35
III. Adm.
Code 303
Point
Of Contact: Nancy
Miller
If
you
have any questions,
you may
contact the Administrative
Code Division
at
(217)782-7017.
Page
16303
Index
Department
- Administrative
Code Division - 111
East Monroe
Springfield,
IL 62756
ILLINOIS
REGISTER
COPy
POLLUTION
CONTROL
BOARD
NOTICE
OF PROPOSED AMENDMENT
1)
Heading
of
the
Part: Water
Use Designations
and Site Specific
Water Quality Standards
2)
Code
Citation: 35 Ill. Adm.
Code 303
3)
Section Numbers:
Proposed
Action:
303.446
New
Section
4)
Statutory
Authority: 415 ILCS
5/13.6
5)
A
Complete
Description
of
the Subjects and Issues
Involved:
For
a more
detailed description
of this rulemaking
see the Board’s
September 4, 2008
opinion and
order in Proposed
Site Specific Rule
for City
of Springfield,
Illinois, Office
of Public
Utilities, City
Water, Light and Power
(CWLP) and Springfield
Metro Sanitary
District (District)
From 35
Ill. Adm. Code Section
302.208(g). (R09-08)
This site
specific rule
would
authorize
an alternative water
quality
standard for boron
from
the
point
of discharge at
the District’s Spring
Creek Sanitary Treatment
Plant to the
Sangamon
River and then
to the confluence
with the Illinois
River, and in the Illinois
River
100
yards downstream
from the confluence
with
the Sangamon River.
The rule is
proposed
to enable
the Spring Creek
Sanitary Treatment Plant
to accept
a
pretreated
industrial effluent
stream
from
the CWLP’s power station.
CWLP’s power
plant is a
critical
power
supply for the City of
Springfield
and surrounding communities;
the site-
specific water quality
standard
for boron is necessary
to enable CWLP to operate
its
power plant in
compliance with its National
Pollutant
Discharge Elimination
System
Permit and State and
Federal air
pollution Regulations.
6)
Published studies or
reports,
and
sources of underlying
data, used to compose
this
rulemaking:
No
published studies,
reports and sources
of underlying data
were
used to compose this
rulemaking.
7)
Will this proposed
rule replace
an emergency rule currently
in effect? No
8)
Does this rulemaking
contain an
automatic repeal date?
No
9)
Does this
proposed rule contain
incorporations
by reference?
No
10)
Are there
any other
proposed
rules pending on
this Part?
No
11)
Statement
of Statewide
Policy Objectives: This
proposed
rule does not
create
or
enlarge
a State mandate,
as defined
in Section
3(b)
of the State Mandates
Act. [30 ILCS 805/3(b)
REOVED
SEP
23
2flO
flfl:I
ILLiNOIS REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF PROPOSED AMENDMENT
(2004)].
12)
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 45 days after the
date
of publication
in the
Illinois
Register. Comments
should reference
Docket R09-08
and be
addressed
to:
Clerk’s
Office
Illinois
Pollution Control
Board
100
W.
Randolph
St.,
Suite 11-500
Chicago,
IL 60601
Interested
persons may request
copies of
the
Board’s opinion and
order by calling the
Clerk’s office
at 312-814-3620,
or download from
the
Board’s
Web site
at
www.ipcb.state.iLus.
For
more
information
contact Marie Tipsord
at
312/814-4925
or email at
tipsordm@ipcb.state.il.us.
13)
Initial
Regulatory
Flexibility Analysis:
A)
Types of small
businesses,
small municipalities
and not for profit corporations
affected:
This rulemaking is
site-specific and applies
only to CWLP.
However, it
would have
a positive
economic
impact on CWLP’s
customers including
the City
of Springfield’s
residents, businesses,
not-for-profit
organizations and
surrounding
small municipalities.
B)
Reporting,
bookkeeping or other
procedures
required
for compliance:
This proposed
rule includes
numerous reporting requirements
as mandated
by
P.A.
94-849.
C)
Types of Professional
skills
necessary for compliance:
Compliance
with this
rule may require the
skills of an attorney,
chemist, and/or
engineer.
14)
Regulatory
Agenda on which
this rulemaking
was summarized: This
rule was not
included in the
Board’s regulatory
agenda
as the Board was unaware
of the rulemaking
until the rule
was filed on
August 29, 2008.
ILLiNOIS REGISTER
POLLUTION
CONTROL BOARD
NOTICE
OF PROPOSED AMENDMENT
The full text of the
Proposed Amendment
begins on
the next page:
ILLINOIS REGISTER
POLLUTION
CONTROL
BOARD
NOTICE OF
PROPOSED AMENDMENT
TITLE
35:
ENVIRONMENTAL
PROTECTION
SUBTITLE C: WATER
POLLUTION
CHAPTER I: POLLUTION
CONTROL BOARD
PART
303
WATER
USE DESIGNATIONS
AND SITE-SPECIFIC
WATER
QUALITY
STANDARDS
SUBPART
A:
GENERAL
PROVISIONS
Section
303.100
Scope and
Applicability
303.101
Multiple Designations
303.102
Rulemaking
Required
SUBPART
B: NONSPECIFIC
WATER USE DESIGNATIONS
Section
303 .200
Scope and Applicability
303.201
General
Use Waters
303 .202
Public
and
Food
Processing
Water Supplies
303
.203
Underground
Waters
303 .204
Secondary
Contact and Indigenous
Aquatic Life
Waters
303.205
Outstanding
Resource Waters
303.206
List
of
Outstanding Resource
Waters
SUBPART
C: SPECIFIC
USE
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
3
03.322
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
303.33 1
Mississippi
River North Temperature
303
.341
Mississippi
River North Central
Temperature
ILJJNOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE
OF
PROPOSED AMENDMENT
303.351
Mississippi River
South
Central Temperature
303 .352
Unnamed Tributary of Wood River Creek
303
.3 53
Schoenberger
Creek; Unnamed Tributary of Cahokia Canal
303.36 1
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 Iii. Reg.
20,
p.
95,
effective
May 17,
1979; amended at
5 Ill.
Reg. 11592, effective October 19, 1981; codified at 6111. Reg. 7818; amended at 6 Ill. Reg.
11161,
effective September
7,
1982;
amended
at
7
111. Reg. 8111,
effective June
23,
1983;
amended in R87-27 at 12 Ill. Reg. 9917, effective May 27, 1988; amended in R87-2 at 13 111.
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 20 111. Reg. 3534, effective February 8, 1996; amended in R97-25 at 22 Ill. Reg.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENT
1403, effective December 24, 1997; amended in R01-l3 at 26 Ill. Reg. 3517,
effective February
22, 2002; amended in R03-l 1
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 33 111. 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
th
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
4.
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.
(Source: Added at
33 Ill.
Adm. Code
effective