ILLINOIS
REGISTER
1
08
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
Iii.
Adm.
Code
303
CLEXP
3)
Section
Number:
Proposed
Action:
OCT!
21XJ8
303.446
New Section
STATE
o-
LL’OIS
Pollution
Coiroj
Board
4)
Statutory
Authority:
415
ILCS
5/27
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
rulemaking
replace
any emergency
rulemaking
currently
in
effect?
No
8)
Does this
rulemaking
contain
an automatic
repeal
date?
No
9)
Does
this
proposed
rulemaking
contain
incorporations
by
reference?
No
10)
Are
there
any
other
proposed
amendments
pending
on
this Part?
No
11)
Statement
of
Statewide
Policy
Objectives:
This
proposed
rulemaking
does
not
create
or
enlarge
a
State mandate,
as
defined
in
Section
3(b)
of the
State
Mandates
Act
[30 ILCS
I.
ILLINOIS
REGISTER
2
08
POLLUTION CONTROL
BOARD
NOTICE
OF
PROPOSED
AMENIMENT
805/3(b) (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
100W.
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.il.us.
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
rulemaking includes
numerous reporting
requirements
as
mandated
by
P.A. 94-849.
C)
Types
of Professional skills
necessary for
compliance:
Compliance
with this
rulemaking
may require
the skills of
an attorney, chemist,
and/or engineer.
14)
Regulatory
Agenda
on
which this
rulemaking
was
summarized:
This rulemaking
was not
included
in the Board’s regulatory
agenda
because: as the Board
was
unaware
of the
rulemaking
until the
rule
was filed on August
29, 2008.
The full
text
of the Proposed
Amendment
begins
on the next
page:
ST
WI
A—
AVi
JCAR350303-0816303r01
1
TITLE
35:
ENVIRONMENTAL
PROTECTION
2
SUBTITLE
C:
WATER POLLUTION
3
CHAPTER
I:
POLLUTION
CONTROL
BOARD
4
5
PART
303
6
WATER
USE DESIGNATIONS
AND SITE-SPECIFIC
7
WATER
QUALITY
STANDARDS
8
9
SUBPART
A: GENERAL
PROVISIONS
10
11
Section
12
303.100
Scope
and Applicability
13
303.101
Multiple
Designations
14
303.102
Rulemaking
Required
15
16
SUBPART
B:
NONSPECIFIC
WATER
USE
DESIGNATIONS
17
18
Section
19
303.200
Scope
and Applicability
20
303.201
General
Use
Waters
21
303.202
Public
and
Food
Processing
Water
Supplies
22
303.203
Underground
Waters
23
303.204
Secondary
Contact
and
Indigenous
Aquatic
Life Waters
24
303 .205
Outstanding
Resource
Waters
25
303.206
List
of Outstanding
Resource
Waters
26
27
SUBPART
C:
SPECIFIC
USE DESIGNATIONSDES1NGATIONS
AND
SITE
28
SPECIFIC
WATER QUALITY
STANDARDS
29
30
Section
31
303.300
Scope
and Applicability
32
303.301
Organization
33
303.311
Ohio
River
Temperature
34
303.312
Waters
Receiving
Fluorspar
Mine
Drainage
35
303.32 1
Wabash
River
Temperature
36
303.322
Unnamed
Tributary
of the Vermilion
River
37
303.323
Sugar
Creek
and Its Unnamed
Tributary
38
303.326
Unnamed
Tributary
of Salt Creek,
Salt
Creek,
and Little
Wabash
River
39
303.33
1
Mississippi
River
North
Temperature
40
303.34
1
Mississippi
River North
Central
Temperature
41
303.35
1
Mississippi
River
South Central
Temperature
42
3
03.352
Unnamed
Tributary
of Wood
River Creek
43
303.353
Schoenberger
Creek; Unnamed
Tributary
of Cahokia
Canal
JCAR350303-08
1 6303r01
44
303.361
Mississippi
River
South Temperature
45
303.400
Bankline
Disposal
Along
the
Illinois
Waterway/River
46
303
.430
Unnamed
Tributary
to Dutch
Creek
47
303
.431
Long Point
Slough
and Its
Unnamed
Tributary
48
303 .441
Secondary
Contact
Waters
49
303
.442
Waters
Not Designated
for
Public Water
Supply
50
303.443
Lake
Michigan
Basin
51
303.444
Salt
Creek, Higgins
Creek, West
Branch
of
the DuPage
River, Des
Plaines
River
52
303 .445
Total
Dissolved
Solids
Water
Quality
Standard
for
the Lower
Des Plaines
River
53
3 03.446
Springfield
Metro
Sanitary
District
Spring
Creek Treatment
Plant
Boron
54
Discharge
55
56
SUBPART
D: THERMAL
DISCHARGES
57
58
Section
59
303.500
Scope
and
Applicability
60
303.5025-01
Lake
Sangchris
Thermal Discharges
61
62
303 .APPENDIX
A
References
to Previous
Rules
63
303
.APPENDIX
B
Sources
of Codified
Sections
64
65
AUTHORITY:
Implementing
Section
13 and
authorized
by Sections
11(b) and
27 of the
66
Environmental
Protection
Act
[415 ILCS
5/13,
11(b)
and 27].
67
68
SOURCE:
Filed
with the Secretary
of State
January
1,
1978; amended
at
2 Ill.
Reg. 27,
p.
221,
69
effective
July
5, 1978; amended
at 3
Ill. Reg. 20,
p.
95, effective
May 17,
1979;
amended
at
5 Ill.
70
Reg.
11592, effective
October
19,
1981; codified
at 6111.
Reg. 7818;
amended
at 6111.
Reg.
71
11161,
effective
September
7, 1982;
amended
at 7 Ill. Reg.
8111,
effective
June 23, 1983;
72
amended
in R87-27
at 12 Ill.
Reg.
9917,
effective
May
27, 1988; amended
in
R87-2 at 13
Ill.
73
Reg. 15649,
effective
September
22,
1989; amended
in R87-36
at 14 Ill.
Reg. 9460,
effective
74
May
31, 1990; amended
in
R86-14
at
14
Ill.
Reg.
20724,
effective
December
18, 1990;
amended
75
in R89-14(C)
at 16 Iii.
Reg. 14684,
effective September
10,
1992; amended
in R92-17
at 18 Ill.
76
Reg. 2981,
effective
February
14, 1994;
amended
in R91-23
at 18
Ill. Reg.
13457,
effective
77
August
19, 1994; amended
in
R93-13
at 19 Ill.
Reg.
1310,
effective
January 30,
1995; amended
78
in
R95-14
at
20
Iii.
Reg.
3534,
effective
February
8, 1996;
amended
in R97-25
at 22 Ill.
Reg.
79
1403, effective
December
24,
1997;
amended
in R01-13 at
26 Ill.
Reg.
3517, effective
February
80
22,
2002;
amended
in R03-11
at 28111.
Reg.
3071,
effective
February
4, 2004;
amended
inRO6-
81
24 at 31111.
Reg.
4440,
effective
February
27,
2007; amended
in
R09-8 at 33
Iii. Reg.
82
effective
83
84
SUBPART
C:
SPECIFIC
USE DESIGNATIONS
AND
SITE
85
SPECIFIC
WATER
QUALITY
STANDARDS
86
JCAR350303-0816303r01
87
Section
303.446
Springfield
Metro
Sanitary
District
Spring
Creek Treatment
Plant
Boron
88
Discharge
89
90
The general
use
water
quality
standard
for
boron
set forth
in Section
302.208(g)
shall not
apply
91
to waters
of the
State
that receive
discharge
from
Outfall
007 of
the Spring
Creek Treatment
92
Plant
located
at 3017
North
8t11
Street,
Springfield,
Illinois,
owned
by the
Springfield
Metro
93
Sanitary
District.
Boron
levels
in those waters
must meet
the water
quality
standard for
boron
as
94
set
forth in
this Section:
95
96
11.0
mg/L
in an area
of
dispersion
within
the Sangamon
River
from
Outfall
007
97
to 182 yards
downstream
from
the confluence
of Spring
Creek
with the
Sangamon
98
River;
99
100
)
4.5
mg/L from
182
yards downstream
of
the confluence
of
Spring
Creek
with the
101
Sangamon
River to the
confluence
of Salt
Creek
with the Sangamon,
a
distance
of
102
39.0
river
miles;
103
104
1.6
mg!L from
the
confluence
of
Salt
Creek
with the
Sangamon
River to
the
105
confluence
of the Sangamon
River
with the
Illinois
River,
a distance
of
36.1
river
106
miles;
and
107
108
1.3
mgIL in
the Illinois
River
from the confluence
of the
Illinois
River
with the
109
confluence
of the
Sangamon
River
to
100
yards
downstream
of the confluence
of
110
the Illinois
River with
the
Sangamon
River.
111
112
(Source:
Added
at 33
Ill. Reg.
effective
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
Scope
and Applicability
Multiple Designations
Rulemaking Required
SUBPART B:
NONSPECIFIC WATER USE DESIGNATIONS
Scope and Applicability
General Use Waters
Public and Food Processing Water Supplies
Underground Waters
Secondary Contact and Indigenous Aquatic Life Waters
Outstanding Resource Waters
List of Outstanding Resource Waters
SUBPART C:
SPECIFIC USE DESINCATIONSDESIGNATIONS AND SITE
SPECIFIC WATER QUALITY STANDARDS
Scope and
Applicability
Organization
Ohio
River Temperature
Waters Receiving Fluorspar Mine Drainage
Wabash River Temperature
Unnamed Tributary of the Vermilion River
Sugar Creek and Its Unnamed Tributary
Unnamed Tributary of Salt Creek, Salt Creek,
Mississippi River North Temperature
Mississippi River North Central Temperature
Mississippi River South Central Temperature
Unnamed Tributary of Wood River Creek
Schoenberger Creek; Unnamed Tributary of Cahokia Canal
Mississippi River South Temperature
Bankline Disposal Along the Illinois Waterway/River
Unnamed Tributary to Dutch Creek
Long Point Slough and Its Unnamed Tributary
Secondary
Contact Waters
Waters Not Designated for Public
Water Supply
Lake Michigan Basin
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
Section
303.100
303.101
303.102
Section
303.200
303.201
303.202
303.203
303.204
303.205
303.206
Section
303.300
303.301
303 .311
303.312
303.321
303.322
303.323
303.326
303.331
303.341
303.351
303.352
303.353
303.361
303.400
303.430
303.431
303.441
303.442
303.443
303.444
and Little Wabash River
SUBPART D:
THERMAL DISCHARGES
Section
303.500
Scope
and Applicability3o3.501
303.502
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
271
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. Req. 15649, effective September 22, 1989; amended in R87-36 at 14
111.
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. Req. 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. Req. 1310,
effective
January 30,
1995; amended
in
R95-14 at 20 Ill.
Req. 3534, effective February
8,
1996; amended in R97-25
at 22
Ill. Req. 1403,
effective December 24, 1997; amended in ROl-13
at
26 Ill. Req.
3517, effective
February 22, 2002; amended in R03-ll
at
28 Ill. Reg. 3071,
effective February
4, 2004; amended in R06-24
at
31 Ill. Req. 4440, effective
February 27, 2007;
amended in R09-8
at 33
Ill. Reg.
, effective
SUBPART C:
SPECIFIC USE DESIGNATIONS AND SITE
SPECIFIC WATER
QUALITY STANDARDS
Section 303.446
Sprinqfield Metro Sanitary District Spring Creek Treatment
flaePlant
Boron Discharge
The
general use water quality standard for boron set forth in Section 302.208(g)
shall not apply to waters of the statcState that receive discharge from Outfall
007 of the Spring Creek Treatment Plant located at 3017 North 8th Street,
Springfield, Illinois,
owned
by the
Springfield Metro
Sanitary
District.
Boron
levels in
suchthose waters must meet the water quality standard for boron
as set
forth in
this zcctionSection:
--
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;
2—rj
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
eQL
39.0
river miles;
a-aL
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
I
4--j
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. A4mg.
Codc
effective
1
ILLINOIS
REGISTER
I
POLLUTION
CONTROL
EOD
I
NOTICE OF
PROPOSED
MIENDMENT
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