OFFICE
OF
THE
SECRETARY
OF
STATE
JESSE
WHITE
•
Secretary
of
State
9/11/2008
POLLUTION
CONTROL BOARD
JAMES
R
THOMPSON
CENTER
100 W
RANDOLPH
ST
STE
11-500
JOHN
THERRIAULT ASSISTANT
CLERK
CHICAGO,
IL
60601
Dear
JOHN
THERRIAULT
ASSISTANT CLERK
Compliance
and
Effective
Dates
(Repealer)
35
Ill.
Adm.
Code
407
Point
Of Contact:Nancy
Miller
Mine
Waste
Effluent
and
Water
Quality
Standards
35
Ill. Adm.
Code
406
Point
Of
Contact:Nancy
Miller
State and
NPDES
Permits
35
III.
Adm.
Code
405
Point
Of
Contact:Nancy
Miller
Permits
35
III. Adm.
Code
309
Point
Of
Contact:Nancy
Miller
Water
Quality
Standards
35
III. Adm.
Code
302
Point
Of
Contact:Nancy
Miller
CLERK’S
OFFICE
SEP
15
2008
POUtj
STATE
OF
Control
ILLINOIS
Board
If
you have
any
questions,
you
may
contact
the
Administrative
Code
Division
at
(217)
782-7017.
Your
rules
Listed
below
met
our
codification
standards
and
have
been
published
in
Volume
32, Issue
38
of
the
Illinois
Register,
dated
9/19/2008.
ADOPTED
RULES
Page
15015
Page
15009
Page
15004
Page
14995
Page
14978
Index
Department
- Administrative Code
Division
- 111
East
Monroe
Springfield,
IL
62756
ILLINOIS
REGISTER
copy
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
1)
Heading
of the Part:
Water Quality
Standards
2)
Code Citation:
35 Ill.
Adm.
Code 302
3)
Section
Numbers:
Adopted
Action:
302.102
Amend
302.208
Amend
4)
Statutory
Authority:
Implementing
Section 10
and authorized
by
Sections 27 and 28
of
the
Environmental
Protection Act
E415
ILCS 5/10,
27
and 28].
5)
Effective
Date
of
Amendments:
SEP
82008
6)
Does
this rulemaking
contain an automatic
repeal
date? No
7)
Do
these amendments
contain incorporations
by reference?
No
8)
The adopted
amendments,
on file in the Board’s
Chicago
office at the
James
R.
Thompson
Center,
100 W.
Randolph, Suite
11-500 and are
available for public
inspection.
9)
Notice of
Proposal
Published
in
Illinois Register:
October 5, 2007; 31111.
Reg. 13624
10)
Has JCAR
issued
a Statement of
Objections
to these
amendments?
No
11)
Differences
between
proposal and final version:
Added: 302.APPENDIX
D
Section
302.206(d):
Stream Segments
for Enhanced
Dissolved Oxygen
Protection.
Changed the proposed
language
in Section
302(b)(8)to read:
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. In streams
where the
dilution
ratio is less than
3:1, the volume
in
which mixing
occurs,
alone or
in combination
with other
volumes of
mixing,
must not contain
more than
50
%
of the
volume flow
unless
an
applicant
for an NPDES
permit
demonstrates,
pursuant to subsection
(d)
of this
section, that
an
adequate
zone
of passage is provided
for pursuant
to Section
RECEIVED
fflflF
DIL
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED AMENDMENTS
302.1
02(b)(6).
Mixing
is
not
allowed
in
receiving
waters
which
have
a
zero
minimum
seven
day
low
flow
which
occurs
once
in ten
years.
Changed
the
language
in 302.208(h)(3)(C)
to
read
as
follows:
If the
combination
of
hardness
and
chloride
concentrations
of existing
waters
are
not
reflected in
subsection
(h)(3)(A)
or
(B),
the
sulfate
standard
may
be
determined
in
a
site-
specific
rulemaking
pursuant
to
section
303(c)
of
the
Federal
Water
Pollution
Control
Act
of
1972
(Clean
Water
Act),
33
USC
1313,
and
Federal
Regulations
at 40
CFR.
13 1.
10(i)(2).
Amended the
table
in
section
302.208(e)
to
reflect
various
changes
made
by
the Board.
12)
Have
all
the changes
agreed
upon
by the
agency
and
JCAR
been
made
as
indicated
in the
agreements
letter
issued
by
JCAR?
Yes
13)
Will
these
amendments
replace
emergency
amendments
currently
in
effect?
No
14)
Are
there
any
amendments
pending
on this
Part?
No
15)
Summary
and
Purpose
of Amendments:
This
rulemaking
is
based
on
a proposal
filed
with
the Board
by
the Illinois
Environmental
Agency
on October
23,
2006.
The
proposal
would
update
existing
general
use water
quality
standards
for
sulfate
and total
dissolved
solids
(TDS)
by
amending
or
repealing
certain
sections
and parts
of
35 Ill.
Adm.
Code
Parts
302,
309,
405,
406,
and
407
of
the
Board’s
water
and
mine-related
pollution
rules.
The
proposed
amendments
to
Parts
302,
309,
405,
406,
and
407
of
35 Ill.
Adm.
Code
will
allow
an
update
of
existing
general
use
water
quality
standards
for
sulfate
and
total
dissolved
solids
(TDS)
while
being
protective
of
the environment
and human
health.
For
more
detailed
information,
please
refer
to R07-09
adopted
at the
September
4, 2008
meeting
of
the Pollution
Control
Board.
16)
Information
and
questions
regarding
these
adopted
amendments
shall
be
directed
to:
Marie
Tipsord
Illinois
Pollution
Control
Board
100
W.
Randolph
11-500
Chicago,
IL 60601
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
312-814-4925
Copies of the Board’s opinions and orders maybe requested from
the Clerk
of the Board
at the address listed in
#8
above or by calling 312/814-3620. Please refer
to
the Docket
number R07-09 in your request. The Board order is also available from the Board’s Web
site (www.ipcb.state.il.us)
The full text
of the
Adopted Amendment begins
on
the next
page:
ILLiNOIS REGISTER
POLLUTION
CONTROL
BOARD
NOTICE OF
ADOPTED
AMENDMENTS
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
302.2
12
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
302.3
03
Finished Water
Standards
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
302.3
04
Chemical
Constituents
302.305
Other Contaminants
302.306
Fecal Coliform
3 02.307
Radium
226 and
228
SUBPART
D:
SECONDARY
CONTACT
AND INDIGENOUS
AQUATIC
LIFE
STANDARDS
Section
302.401
Scope
and Applicability
302.402
Purpose
3 02.403
Unnatural
Sludge
302.404
pH
302 .405
Dissolved
Oxygen
302.406
Fecal
Coliform
(Repealed)
302.407
Chemical
Constituents
302.408
Temperature
302.409
Cyanide
302.4
10
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
3
02.508
Thermal
Standards
for Sources
Under Construction
But
Not In
Operation
on
January
1,
1971
3
02.509
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
(BCC5)
302.525
Radioactivity
ILLiNOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
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
302.6 12
Determining
the Acute Aquatic Toxicity Criterion
for an Individual Substance —
General Procedures
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
302.6
15
Determining
the Acute
Aquatic
Toxicity
Criterion
- Toxicity
Independent
of
Water
Chemistry
302.6
18
Determining
the
Acute
Aquatic
Toxicity
Criterion
- Toxicity
Dependent
on
Water
Chemistry
302.62
1
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
3
02.633
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
302.65
1
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
3
02.669
Listing
of
Derived
Criteria
302.APPENDIX
A
References
to
Previous
Rules
302.APPENDIX
B
Sources
of
Codified
Sections
302.APPENDIX
C
Maximum
total
ammonia
nitrogen
concentrations
allowable
for
certain
combinations
of
pH
and
temperature
302.TABLE
A
pH-Dependent
Values
of the
AS
(Acute
Standard)
302.TABLE
B
Temperature
and
pH-Dependent
Values
of
the
CS
(Chronic
Standard)
for
Fish
Early
Life
Stages
Absent
302.TABLE
C
Temperature
and
pH-Dependent
Values
of
the
CS
(Chronic
Standard)
for
Fish
Early
Life
Stages
Present
302.APPENDIX
D
Section
302.206(d):
Stream
Segments
for
Enhanced
Dissolved
Oxygen
Protection
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
Iii.
Reg.
44,
p.
151,
effective
November
2,
1978;
amended
at
3 Iii.
Reg.
20,
p.
95,
effective
May
17,
1979;
amended
ILLLNOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
at 3
Iii.
Reg. 25,
p.
190, effective June 21, 1979; codified at 6 Ill. Reg. 7818; amended at 6 Ill.
Reg. 11161,
effective
September
7, 1982; amended at 6 Ill. Reg. 13750, effective October 26,
1982; amended
at 8
Ill.
Reg.
1629,
effective January 18, 1984; peremptory amendments at 10 111.
Reg. 461, effective December 23,
1985; amended at R87-27 at 12 111. Reg. 9911, effective May
27, 1988; amended at R85-29 at 12
Ill. Reg. 12082, effective July 11, 1988; amended in R88-1 at
13 Iii. Reg. 5998, effective April 18, 1989;
amended in R88-21(A) at
14 Iii.
Reg.
2899, effective
February 13, 1990; amended in R88-21(B) at 14 Iii. Reg. 11974, effective July
9,
1990; amended
in
R94-1(A) at 20 Ill. 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 22 Ill. Reg. 1356, effective December 24, 1997; amended in
R99-8
at
23 Ill. Reg. 11249, effective
August 26, 1999; amended in R01-13 at 26 Ill. Reg. 3505,
effectiveFebruary 22, 2002; amended in R02- 19 at 26 Ill. Reg. 16931, effective November
8,
2002; amended in R02-1 1 at 27 Ill. Reg.
166, effective December 20, 2002; amended in R04-21
at 30 111. Reg. 4919,
effective
March 1, 2006; amended in R04-25 at 32 Ill. Reg. 2254, effective
January 28, 2008; amended in R07-9 at 32 111. Reg.
effective
SUBPART A: GENERAL
WATER QUALITY PROVISIONS
Section 302.102
Allowed Mixing, MixingZones 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
35
Ill. 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.
ILLINOIS
REGISTER
POLLUTION CONTROL
BOARD
NOTICE
OF
ADOPTED AMENDMENTS
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
reciuired
in
receiving
streams
that have zero flow
for
at
least
seven
consecutive days
recurring
on average
in nine
years
out often.
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. In
streams where the
dilution ratio
is less than 3:1, the volume
in which
mixing occurs, alone
or
in combination with
other volumes
of mixing, must
not contain more
than
50
%
of the
volume flow unless
an applicant for
an NPDES permit
demonstrates,
pursuant subsection
(d)
of this
section, that an
adeiuate
zone of
passage is
provided
for pursuant
to
Section
302.102(b)(6).
Mixing
is not allowed
in receiving
waters which have
a
zero minimum seven
day
low
flow which
occurs once in ten years.
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 302.1
02(b’K6).
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF ADOPTED
AMENDMENTS
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 Iii. 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 Ill. Adm. Code: Subtitle
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
USC U.S.C 1251 et seq.),
the Act
or Board regulations,
the
Agency shall, pursuant
to Section
3 9(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 Iii. 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
this Section, the Agency shall, pursuant to Section 3 9(b) of the Act, include
within the NPDES permit a condition defining the ZID.
f)
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 Secticn 40 of the Act and 35 Ill. Adm. Code
309.181.
g)
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.
i)
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 Ill.
Adm. Code
304.105.
(Source: Amended
at 32 Ill. Reg.
effective
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
ILLiNOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
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
(ZID)
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
STORET
AS
CS
Constituent
Number
(ig/L)
(.ig/L)
Arsenic
22680
360x1.0*=360
190x1.0*=190
(trivalent,
dissolved)
Cadmium
01025
(dissolved)
ILLiNOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF ADOPTED
AMENDMENTS
A+Bln(H)
fl.138672-_
*
A+Bln(H)
Jl.101672-_
[(1nHXo.o41838)]J
, e
1j(lnHXo.o41838)JJ
where
A
—2.198
where
A
= —3.490
andB=1.128
andB=0.7852
Chromium
01032
16
11
(hexavalent,
total)
Chromium
80357
exp
(trivalent,
e”’
xO.316*,
xO.860*,
dissolved)
where
A
= 3.688
where
A
= 1.561
andB=0.8190
andB=0.8190
Copper
01040
(dissolved)
e’
x
0.960*,
x
0.960*,
where
A=—1.464
where
A=—1.465
andB =
0.9422
andB
= 0.8545
Cyanide
00718
22
5.2
Lead
01049
e*p
(dissolved)
Ii
Ar
Ii A’)1
A+B(H)
—
A+B(H)
J
1.ULVJ
e
—
[(lnHXo.14s712)jf
,
e
[(lnHXo.145712)jJ
where
A=—2.863
where
A=—1.301
andB=1.273
andB=0.1.273
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
Mercury
71890
2.6
x
0.85*
= 2.2
1.3
x
0.85*
= 1.1
(dissolved)
Nickel
01065
e*p
e*p
(dissolved)
eBmn
x
0.998
,
e’”
x
0.997
,
where
A
= 0.5
173
where
A
= —2.286
andB
= 0.8460
andB
= 0.8460
TRC
500600
19
11
Zinc
01090
exp
e*p
(dissolved)
x
0.978
,
x
0.986*,
where
A=0.9035
where
A=—0.8165
andB
= 0.8473
andB
= 0.8473
Benzene
78124
4200
860
Ethyl-
78113
150
14
benzene
Toluene
78131
2000
600
Xylene(s)
81551
920
360
where:
jig/L
= microgram
per
liters
pex
= base
of
natural
logarithms
raised
to the
x- power
ln(H)
= natural
logarithm
of
Hardness
(STORET
00900)-ai4
*
=
conversion
factor
multiplier for
dissolved
metals
f)
Numeric
Water
Quality
Standard
for
the
Protection
of Human
Health
STORET
Constituent
Number
(jig/L)
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
Mercury
71900
0.012
Benzene
78124
310
where:
pg!L
=
micrograms
per
liter
g)
Concentrations
of
the
following
chemical
constituents
shall
not
be
exceeded
except
in
waters
for
which
mixing
is
allowed
pursuant
to Section
302.102.
STORET
Constituent
Unit
Number
Standard
Barium
(total)
mgJL
01007
5.0
Boron
(total)
mg/L
01022
1.0
Chloride
(total)
mg/L
00940
500
Fluoride
mg/L
00951
1.4
fron
(dissolved)
mg/L
01046
1.0
Manganese
(total)
mg/L
01055
1.0
Phenols
mg/L
32730
0.1
Selenium
(total)
mg/L
01147
1.0
Silver
(total)
j.tg/L
01077
5.0
Sulfate
mg!L
00945
-400
Total
Dissolved
mg’L
70300
1000
Solids
where:
mg!L
=
milligram
per
liter
and
=
microgram
per
liter
The
following
concentrations
for
sulfate
must
not
be
exceeded
except
in
receiving
waters
for
which
mixing
is allowed
pursuant
to
Section
302.102:
fl
At
any
point
where
water
is
withdrawn
or
accessed
for
purposes
of
livestock
watering,
the
average
of
sulfate
concentrations
must
not
exceed
ILLiNOIS REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
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
CaCO
and
chloride
(in
mg/L)
and
must
be
met
at
all
times:
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
11276.7
+
5.508
(hardness)
—
1.457
(chloride)
1
*
0.65
where,
C
=
sulfate
concentration
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
mg/L,
then:
C
1-57.478
+
5.79
(hardness)
+
54.163
(chloride)
1
*
0.65
where
C
=
sulfate
concentration
The
following
sulfate
standards
must
be
met
at
all times
when
hardness
(in
mg/L
as
CaCO
3
)
and
chloride
(in
mg/L)
concentrations
other
than
specified
in
(h)(2)
are
present:
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
mgI
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.
If
the
combination
of
hardness
and
chloride
concentrations
of
existing
waters
are
not
reflected
in
subsection
(h)(3)(A)
or
(B),
the
sulfate
standard
may
be
determined
in
a
site-specific
rulemaking
pursuant
to
section
303(c)
of
the
Federal
Water
Pollution
Control
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
Act of
1972
(Clean
Water
Act),
33
USC
1313, and
Federal
Regulations
at
40 CFR
131.10(jX2).
(Source:
Amended
at 32 Iii.
Reg.
effective
ILLINOIS
REGISTER
CO
FY
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
1)
Heading
of the
Part:
Permits
2)
Code
Citation:
35 Ill.
Adm.
Code
309
3)
Section
Numbers:
Adopted
Action:
309.103
Amend
4)
Statutory
Authority:
Implementing
Section
10 and
authorized
by Sections
27 and
28
of
the
Environmental
Protection
Act [415
ILCS
5/10,
27 and
28].
5)
Effective
Date
of
Amendments:
SEP
8
21O8
6)
Does this
rulemaking
contain
an
automatic
repeal
date? No
7)
Do
these
amendments
contain
incorporations
by
reference?
No
8)
The
adopted
amendments,
on
file
in the
Board’s
Chicago
office
at the
James
R.
Thompson
Center.
100 W.
Randolph.
Suite
11-500
and
are available
for
public
inspection.
9)
Notice
of
Proposal
Published
in Illinois
Register:
October
5,
2007;
31111.
Reg. 13642
10)
Has
JCAR
issued
a Statement
of Objections
to these
amendments?
No
11)
Differences
between
proposal
and final
version:
The Board
made
no changes
to
the text
as it
was
published
in
the
Illinois
Register
for first
notice..
12)
Have
all
the changes
agreed
upon
by
the agency
and JCAR
been
made
as indicated
in
the
agreements
letter
issued
by
JCAR?
Yes
13)
Will
these
amendments
replace
emergency
amendments
currently
in
effect?
No
14)
Are
there
any
amendments
pending
on
this
Part?
No
15)
Summary
and
Purpose
of
Amendments:
This
rulemaking
is
based on
a proposal
filed
with
the Board
by
the Illinois
Environmental
2OO
SOSCODE
DIV.
ILLiNOIS REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
Agency on
October 23, 2006.
The proposal
would update
existing
general
use water
quality
standards for sulfate
and total dissolved
solids
(TDS)
by
amending
or repealing
certain
sections and parts
of 35 Ill. Adm.
Code
Parts
302, 309, 405, 406,
and 407 of
the
Board’s water and
mine-related
pollution rules.
The
proposed
amendments to
Parts 302, 309,
405, 406,
and
407 of 35 Ill. Adm.
Code will
allow an
update of existing
general
use
water quality standards
for sulfate and
total
dissolved
solids (TDS)
while being protective
of the environment
and
human health. For
more
detailed information,
please refer to
R07-09
adopted
at the September
4, 2008
meeting
of
the Pollution
Control Board.
16)
Information
and
questions
regarding these
adopted amendments
shall be
directed to:
Marie
Tipsord
Illinois
Pollution
Control
Board
100
W. Randolph 11-500
Chicago,
IL 60601
312-814-4925
Copies
of the Board’s
opinions
and orders may be requested
from the
Clerk of the Board
at
the address listed in
#8 above or by
calling 312/814-3620.
Please refer
to the Docket
number
R07-09 in your
request. The Board
order is also
available from
the Board’s Web
site (www.ipcb.state.il.us)
The full text of the
Adopted
Amendment
begins
on
the next page:
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
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
3
09.107
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 Applications
309.116
Notice
of
Agency
Hearing
309.117
Agency Hearing
309.118
Agency
Hearing
File
309.119
Agency
Action
After
Hearing
309.120
Reopening
the
Record
to
Receive
Additional
Written
Comment
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
ILLNOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF ADOPTED
AMENDMENTS
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
309.15
1
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
309.18
1
Appeal of Final
Agency
Action on a Permit
Application
309.182
Authority
to
Modifr,
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
3 09.204
Operating
Permits; Existing
Sources
3
09.205
Joint Construction
and
Operating
Permits
309.206
Experimental
Permits
309.207
Former Permits
(Repealed)
309.208
Permits for
Sites Receiving Sludge
for Land
Application
309.22
1
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
3 09.242
Duration
of Permits
Issued
Under
Subpart B
309.243
Conditions
309.244
Appeals from Conditions
in
Permits
309.26 1
Permit No Defense
309.262
Design,
Operation
and Maintenance
Criteria
309.263
Modification
of Permits
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
309.264
Permit Revocation
309.265
Approval of Federal Permits
309.266
Procedures
309.281
Effective Date
3 09.282
Severability
309.APPENDIX A
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 R73-1 1, 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
R73-1 1, 12, at 29 PCB 477, at 2 Ill. 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 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. 1612, effective January 18, 1984;
amended
in R86-44 at 12 Ill. Reg.
2495, effective January 13, 1988; amended in R88-1 at 13 Ill. Reg.
5993,
effective April 18, 1989; amended in R88-21(A) at
14 Ill. Reg. 2892, effective February
13, 1990;
amended in R91-5 at 16 Ill. Reg. 7339, effective April 27,
1992; amended in R95-22
at
20 Ill. Reg. 5526,
effective April 1, 1996; amended in R99-8 at 23 Ill. Reg. 11287,
effective
August 26, 1999; amended
in R02-1
1 at 27
Ill.
Reg.
202, effective December 20, 2002; amended
in R03-19
at 28 Ill. Reg. 7310, effective May 7, 2004;
amended in
R07-9
at 32 Ill. Reg.
effective
SUBPART A: NPDES PERMITS
Section 309.103
Application - General
a)
Application Forms
1)
An applicant
for a
National Pollution Discharge Elimination System
(NPDES) Permit shall file an application, in accordance with Section
3 09.223 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
ILLiNOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE
OF
ADOPTED AMENDMENTS
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
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 toxicants toxicant()
pursuant to 35
Ill. Adm.
Code 302.2 10(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 3l0.SubpartE;
C)
In addition to the POTWs listed in subsection (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);
ILIJNOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
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
problems
at the
POTW),
which the
Agency
determines
could
cause
or
contribute
to adverse
water quality
impacts.
D)
The POTWs
required
under
subsection
subsections
(a)(3)(B)
or
(a)(3)(C)
to conduct
toxicity testing
shall
use
the
methods
prescribed
at
35
Ill. 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
Ill. Adm.
Code
3 10.210.
BOARD
NOTE: Subsections
(a)(3)(B) through
(a)(4)
are derived
from
40
CFR 122.21(j)
(1994).
b)
Animal
Waste
Facilities
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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED
AMENDMENTS
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
contained in this Subpart apply only to 35 Ill. 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 I, the
effluent and water quality
standards of 35
Ill.
Adm.
Code 302, 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
2)
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 USC U.S.C.
1251 et seq), or with any
other
applicable water quality standards and applicable
effluent standards and
limitations.
e)
Signatures
ILLNOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE
OF ADOPTED
AMENDMENTS
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
32
Ill.
Reg.
effective
coPY
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
1)
Heading
of the
Part:
State and
NPDES
Permits
2)
Code
Citation:
35
Ill. Adm.
Code
405
3)
Section
Numbers:
Adopted
Action:
405.109
Amend
4)
Statutory
Authority:
Implementing
Section
10 and authorized
by
Sections
27 and
28 of
the
Environmental
Protection
Act [415
ILCS
5/10,
27 and 28].
5)
Effective
Date of
Amendments:
SEP
-
82008
6)
Does
this
rulemaking
contain
an automatic
repeal
date? No
7)
Do these
amendments
contain
incorporations
by reference?
No
8)
The
adopted
amendments,
on file in
the Board’s
Chicago
office at the
James R.
Thompson
Center,
100
W. Randolph,
Suite
11-500
and
are available
for public
inspection.
9)
Notice of
Proposal
Published in
Illinois Register:
October
5, 2007; 31111.
Reg. 13653
10)
Has JCAR
issued
a
Statement
of
Objections
to these
amendments?
No
11)
Differences
between
proposal
and final
version:
The
Board
made
no changes
to the text
as it was published
in
the Illinois
Register for
first
notice.
12)
Have all
the changes
agreed upon
by the
agency and
JCAR been
made as
indicated in
the
agreements
letter
issued
by JCAR?
Yes
13)
Will
these
amendments
replace
emergency
amendments
currently
in effect?
No
14)
Are
there any amendments
pending on
this Part?
No
15)
Summary
and
Purpose
of
Amendments:
This rulemaking
is
based
on
a
proposal
filed
with
the Board
by
the
Illinois
RCVED
2QO
sos-coD
Div.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
Environmental Agency on October 23, 2006. The proposal would update
existing
general use water quality standards for sulfate and total dissolved solids
(TDS) by
amending or repealing certain sections and parts of 35 Ill. Adm. Code
Parts 302, 309,
405, 406, and 407 of the Board’s water and mine-related pollution
rules.
The proposed
amendments
to
Parts 302,
309,
405, 406, and 407 of 35 Ill. Adm. Code will
allow an update
of existing general use water quality standards for sulfate and
total
dissolved solids (TDS) while being protective of the environment and
human health. For
more detailed information, please refer to R07-09 adopted at the
September 4, 2008
meeting of
the Pollution Control Board.
16)
Information and questions regarding these adopted amendments shall be directed
to:
Marie Tipsord
Illinois Pollution Control Board
100W. Randolph 11-500
Chicago, IL 60601
312-814-4925
Copies of the
Board’s opinions
and
orders
maybe
requested from the Clerk of the Board
at the address listed in #8 above or by calling
312/814-3620. Please refer to the Docket
number R07-09 in your request. The Board order is also available from
the Board’s Web
site
(www.ipcb.state.il.us)
The full text of the
Adopted Amendment
begins
on the next page:
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF ADOPTED
AMENDMENTS
TITLE
35: ENVIRONMENTAL
PROTECTION
SUBTITLE
D:
MINE
RELATED WATER
POLLUTION
CHAPTER
I: POLLUTION CONTROL
BOARD
PART
405
STATE AND NPDES
PERMITS
Section
405.100
Preamble
405.101
Special Conditions:
Agency
Guidance Document
405.102
Standard
for
Permit Issuance or
Certification
405.103
Permit Modification
When New
Regulations are Adopted
405.104
Permit Applications
405.105
Surface
Drainage
Control
405.106
Refuse Disposal
405.107
Experimental
Permits for
Refuse Disposal
405.108
Permit
for
Use of Acid-producing
Mine Refuse
405.109
Abandonment
Plan
405.110
Cessation,
Suspension or Abandonment
405.111
Emergency
Procedures To
Control Pollution
405.112
Mine Entrances
405.113
Permit Area
405.APPENDIX
A
References
to
Previous
Rules
AUTHORITY:
Implementing
Sections 12 and 13
and authorized
by Section 27 of the
Environmental
Protection Act
[415 ILCS 5/12,
13,
and
27 (2006)].
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;
amended
in R83-6A at
8
Ill. Reg.
13267, effective July
16,
1984;
amended in R07-9 at
32 Ill. Reg.
effective
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
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
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
Chapters
A)
If the
plan includes
a
discharge
which
win remam
aner
abandonment
which
will not meet
the requirements
of 35 111. Adm
Code
406.202, and
if
the permit
included
water
quality
based
conditions
under 35
Ill. Adm.
Code 106.203
during
active
mining,
the discharge
shall
be
deemed
to meet 35
Ill. Adm.
Code
106.202
with respect
to total
dissolved
solids, chloride,
sulfate,
iron and
manganese
if
it will
meet the
requirements
of 35 Ill.
Adm.
Code 406.106
and
106.203(c)(l)
and (c)(2);
or
B)
If the
plan includes
impoundments
which
will
remain
after
abandonment
and which
will not meet
the water
quality
standards
of 35 Ill.
Adm. Code
302.201
or 302.208,
with respect
to total
.....
‘iiitntp
1111 mnnonnr’
nn1
pH,
uich
406.203(c)(1)
and
(c)(2).
c)
If the abandonment
plan
does not
meet
the
standard of
paragraph
subsection
(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
subsection
(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,
[225
ILCS
7201
(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.
f)
A
permittee
shall apply
for a
new
or
revised
or
supplemental
NPDES
or
State
&tate permit
prior
to implementation
of a
revised
abandonment
plan within
the
time
limits
provided
by 35 Ill.
Adm.
Code
403.104(c).
44ed
solids, chloride,
4z,
fact shall
not
prevent
approval of
the
plan
if the
impoundment
will
meet the
requirements
of 35 Ill.
Adm. Code
106.106
and
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE
OF
ADOPTED AMENDMENTS
g)
An abtmdonment plan incorporated into a permit
pursuant to showing under 35
Ill. Adm. Code 106.203 shall
include
conditions
pursuant to 35 111. Adm. Code
106.203(e)(1) and (e)(2).
(Source: Amended at
32
Iii.
Reg.
effective
ILLINOIS REGISTER
copy
POLLUTION
CONTROL BOARD
NOTICE
OF
ADOPTED AMENDMENTS
1)
Heading of
the Part: Mine
Waste Effluent and
Water Quality
Standards
2)
Code
Citation: 35 Ill.
Adm.
Code
406
3)
Section Numbers:
Adopted Action:
406.100
Amend
406.203
Repeal
406.209
Repeal
4)
Statutory
Authority: Implementing
Section
10 and
authorized
by Sections 27 and
28 of
the Environmental
Protection
Act
[415 ILCS
5/10, 27 and 28].
5)
Effective
Date of Amendments:
SEP
82OO8
6)
Does this rulemaking
contain
an automatic repeal
date? No
7)
Do these amendments
contain incorporations
by
reference? No
8)
The
adopted amendments,
on file in
the Board’s Chicago
office at the James
R.
Thompson
Center,
100 W. Randolph, Suite
11-500 and
are available for public
inspection.
9)
Notice
of
Proposal Published
in Illinois Register:
October5,
2007; 31 Ill. Reg.
13660
10)
Has JCAR
issued a Statement
of Objections
to these amendments?
No
11)
Differences
between
proposal
and final version:
The Board
made no changes
to the text as
it was published in the
Illinois Register
for first
notice.
12)
Have
all the
changes
agreed upon by
the agency
and JCAR been made
as indicated in
the
agreements letter issued
by
JCAR?
Yes
13)
Will these
amendments
replace
emergency
amendments
currently
in effect? No
14)
Are there any amendments
pending
on this Part? No
15)
Summary
and
Purpose
of Amendments:
RECE
WED
SEP
8
sOs-Cope
iv.
ILLINOIS
REGISTER
POLLUTION CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
This rulemaking
is based on a
proposal filed with
the Board by
the Illinois
Environmental
Agency on October
23, 2006. The proposal
would
update existing
general
use water
quality standards
for sulfate and total
dissolved solids
(TDS) by
amending
or repealing
certain sections and
parts of 35
Ill. Adm. Code Parts
302, 309,
405, 406,
and 407
of the
Board’s water and
mine-related
pollution rules.
The
proposed
amendments to Parts
302,
309,
405, 406, and 407 of
35
Ill. Adm.
Code will
allow an update
of existing
general use water quality
standards
for sulfate and total
dissolved
solids (TDS) while being
protective of the
environment
and human
health.
For
more
detailed
information, please
refer
to
R07-09
adopted at the
September 4, 2008
meeting of the
Pollution Control
Board.
16)
Information
and questions regarding
these
adopted
amendments shall
be directed
to:
Marie
Tipsord
Illinois Pollution Control
Board
100W.
Randolph
11-500
Chicago, IL
60601
312-814-4925
Copies
of the
Board’s opinions and
orders may be
requested from the Clerk
of the
Board
at the address listed
in
#8
above
or
by
calling 312/814-3620.
Please
refer to the Docket
number R07-09
in your request.
The
Board
order
is also available from
the Board’s
Web
site
(www.ipcb.state.il.us)
The
full text of
the
Adopted Amendment
begins on the
next page:
ILLINOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS
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
(Repealed)
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
406.2 09
Expiration of Former Exemptions
(Repealed)
406.APPENDIX A
References
to Previous Rules
AUTHORITY: Implementing Sections 12 and 13 and authorized
by
Section 27 of the
Environmental
Protection Act [415
ILCS
5/12,
13
and 27].
ILLNOIS
REGISTER
POLLUTION
CONTROL BOARD
NOTICE
OF ADOPTED AMENDMENTS
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
Ill. Reg. 8386,
effective July 5, 1983, for a maximum of 150
days; amended in R83-6B at 7 Ill. Reg. 14510,
effective October 19, 1983; amended in R83-6A
at 8 Ill. Reg. 13239, effective July 16, 1984;
amended in R84-29
at 11111. Reg. 12899, effective July 27,
1987; amended in R07-9 at 32 Iii.
Reg.
effective
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, Part Parts
302, 303 and
304
of
subtitle C ae inapplicable to mine discharges
and non-point source mine
discharges.
(Source: Amended at 32 Ill. Reg.
effective
SUBPART
B: WATER QUALITY STANDARDS
Section 406.203
TDS Related Permit Conditions
(Repealed)
a)
This Section
sets forth procedures by which water
quality based penriit conditions
for total dissolved solids,
chloride, sulfate, iron and manganese
may be
established by the Agency for
coal mine discharges. These procedures apply
instead
of Section 406.202 whenever
a
peit
applicant elects to proceed under
this Section. A penuittee
must comply with water quality
based permit
conditions for
total
dissolved
solids, chloride, sulfate, iron
and manganese
established
pursuant to this Section instead
of Section 406.202. Public hearings
may be required pursuant
to 35 111. Adm. Code 309.115.
(
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C
C
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED
AMENDMENTS
3)
The permittee
utilizes good
mining practices designed to minimize
discharge of
total
dissolved solids, chlode, sulfate, iron and manganese.
f)
Whenever the Agency issues
a
permit pursuant to this Section, if may include as a
condition a requirement that the permittee submit to the Agency effluent data for
total dissolved solids, chlode, sulfate, iron and manganese.
(Source: Repealed at
32 Ill. Reg.
effective
Section 406.209
Expiration of Former Exemptions
(Repealed)
a)
Exemptions from the water quality standards grunted
prior
to
the effective date of
Section 406.203 shall continue until any of the following events occurs:
1)
Stat rNPDES permit
‘“
facility expires,
..“ TI-S
renewed or reissued;
2)
State or NPDES permit
for the
facility
is modified, unless the Agency
expressly continues the exemption pending review
pursuant to paragraph
b)
3)
An application
period set
pursuant to paragraph
(b)
expires with no
application having been received;
4)
The Agency grants or denies a
permit under Section 406.203; or
5)
January 1, 1987, the final date
for continuation of former exemptions.
-The-Ab..J
may require licatic
to
Section 406.203
by
noti
mg indn idual
penmttees and
setting
application not less than 15
m
-
nursuant
I I][ II I I
months aiiei iiie uaie iiuiie i glveu.
c)
-If- alto the Board is filed,
continue until the
Board
final order disposing of the appeal.
(Source:
Repealed at 32 Ill. Reg.
effective
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
REPEALER
1)
Heading
of
the Part:
Compliance
and Effective
Dates
2)
Code
Citation:
35
Ill.
Adm.
Code
407
3)
Section
Numbers:
Adopted
Action:
407.101
Repeal
407.102
Repeal
407.103
Repeal
407.104
Repeal
407.APPENDIX
A
Repeal
4)
Statutory
Authority:
Implementing
Section
10 and authorized
by
Sections 27
and 28
of
the
Environmental
Protection
Act
[415
ILCS
5/10, 27
and
28].
5)
Effective
Date
of Amendments:
SEP
-
82008
6)
Does this
repealer
contain
an automatic
repeal
date?
No
7)
Does this
repealer
contain
incorporations
by
reference?
No
8)
The adopted
amendments,
on
file in the
Board’s
Chicago
office
at
the
James
R.
Thompson
Center,
100
W.
Randolph,
Suite
11-500 and
are
available
for public
inspection.
9)
Notice
of
Proposal
Published in
Illinois
Register:
October
5,
2007;
31111.
Reg. 13668
10)
Has
JCAR
issued a
Statement
of Objections
to
these amendments?
No
11)
Differences
between
proposal
and
final version:
The Board
made no
changes to
the text as
it was published
in the
Illinois
Register
for
first notice.
12)
Have all
the
changes agreed
upon
by
the agency
and JCAR
been
made
as indicated
in
the
agreements
letter
issued
by JCAR?
Yes
13)
Will
this repealer
replace
emergency
repealers
currently
in
effect? No
14)
Are
there any
amendments
pending
on
this
Part? No
RECEIVED
EP
‘B
SOSCODE
DV.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
REPEALER
15)
Summary
and
Purpose
of Amendments:
This
rulemaking
is based
on a
proposal
filed
with
the
Board
by
the Illinois
Environmental
Agency
on October
23,
2006.
The
proposal
would
update
existing
general
use
water
quality
standards
for
sulfate
and
total dissolved
solids
(TDS)
by
amending
or
repealing
certain
sections
and
parts
of 35
Iii.
Adm.
Code
Parts 302,
309,
405,
406,
and 407
of
the
Board’s
water
and
mine-related
pollution
rules.
The
proposed
amendments
to Parts
302, 309,
405,
406, and
407
of
35
Ill.
Adm.
Code
will
allow
an
update
of
existing
general
use
water
quality
standards
for
sulfate
and
total
dissolved
solids
(TDS)
while
being protective
of
the
environment
and
human
health.
For more
detailed
information,
please
refer
to R07-09
adopted
at
the
September
4, 2008
meeting
of the
Pollution
Control
Board.
16)
Information
and
questions
regarding
this
adopted
repealer
shall
be
directed
to:
Marie
Tipsord
Illinois
Pollution
Control
Board
100
W.
Randolph
11-500
Chicago,
IL
60601
312-814-4925
Copies
of
the Board’s
opinions
and
orders
may
be
requested
from the
Clerk
of
the
Board
at
the address
listed
in
#8 above
or by
calling
312/814-3620.
Please
refer
to the
Docket
number
R07-09
in
your
request.
The Board
order
is also
available
from
the
Board’s
Web
site
(www.ipcb.state.il.us)
The
full
text of
the
Adopted
Repealer
begins
on the
next
page: