ILIJNOIS REGISTER
1
09
POLLUTION CONTROL
BOARD
NOTICE OF PROPOSED AMENDMENTS
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:
022009
303.447
New
STATE
OF
ILLINOIS
303 .448
New
Pollution
Control
Board
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)
A Complete
Description of the Subjects and Issues Involved: For a more detailed
discussion of these amendments, see the
Board’s February 5, 2009 opinion and order in
docket R09- 11
(City of Galva Site Specific Water Quality Standard for Boron Discharges
to
Edwards River and Mud Creek (35 Ill. Adm. Code
303.447 and 303.448 (R09-1
1)).
The City of Galva (Galva)
proposed site-specific amendments to allow alternative boron
standards for
discharges from both of its Sewage Treatment Plants (STP5). The proposal
seeks to
establish a 3.0 milligram per liter (mgIL) alternative boron
standard
to
the
generally applicable 1.0 mg!L boron water
quality standard
in
35 Ill. Adm. Code.
302.208(g). The alternative
standard for boron would apply to certain segments of an
unnamed
tributary to the South Branch of the Edwards River, the South Branch of the
Edwards
River, and the Mud Creek Run. These segments
receive discharges from
the
two Sewage
Treatment Plants (STPs) operated by Galva. Galva states that the source
of
the
boron in its STP discharge is the groundwater from aquifers
that supply Galva’s
drinking water.
Galva states that the requested relief from this standard is necessary to
ensure
that it does not violate any relevant
regulation or appropriate permit condition.
35
Ill. Adm.
Code 303.447 contains certain exemptions that are only applicable to boron
standards in discharges
from
the
Northeast STP into the South Branch Edwards River,
and its
Southwest STP discharges into Mud Run Creek. According to
Galva, compliance
with the Agency
effluent standard for boron would be cost prohibitive for a rural
community without the resources to deal with these costs. In response to
Galva’s
request,
the
Board accepted the
proposal for hearing, and First Notice publication, but does not
comment on
the merits of the Galva proposal.
6)
Published studies or reports, and
sources
of
underlying data, used
to
compose this
rulemaking: None
presently identified.
7)
Will
this rulemaking replace any emergency rulemaking currently in
effect?
No
8)
Does this
rulemaking contain an automatic repeal date? No
ILLINOIS REGISTER
2
09
POLLUTION CONTROL
BOARD
NOTICE OF PROPOSED AMENDMENTS
9)
Does this
rulemaking contain incorporations by reference? No
10)
Are
there any other proposed rulemakings
pending on this Part? Yes, there is a new
section at
32 Ill. Reg. 16303, proposed in the October 10, 2008 Register.
11)
Statement of
Statewide
Policy
Objectives: This proposed amendment does not create or
enlarge
a State mandate, as defined in Section 3(b)
of the State Mandates Act. [30 ILCS
805/3(b)].
12)
Time,
Place, and Manner in which interested persons
may comment on this proposed
rulemaking: The
Board will hold a hearing in the rulemaking on March 31, 2009.
Additionally, 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
R09-1 1 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 may
download copies from the Board’s Web site
at
www.ipcb.state.il.us.
For more
information, contact hearing officer Marie E.
Tipsord
at
312/814-4925 or
email
at
tipsorm@ipcb.state.il.us.
13)
Initial
Regulatory Flexibility Analysis:
A)
Types
of small businesses, small municipalities and not for profit corporations
affected: This proposed rulemaking is
site specific and will only impact the
City
of Galva.
B)
Reporting, bookkeeping or other procedures required
for compliance:
This rulemaking does not impose any
additional reporting or recordkeeping
requirements.
C)
Types
of Professional skills necessary for compliance: No
professional skills
beyond those
currently required
by
the existing state and federal air pollution
‘S
ILLINOIS
REGISTER
3
09
POLLUTION
CONTROL
BOARD
NOTICE
OF
PROPOSED
AMENDMENTS
control
regulations
applicable
to
affected
source
will
be
required.
14)
Regulatory
Agenda
in
which
this
rulemaking
was
summarized:
This
rulemaking
was
not
included
in
the two
most
recent
regulatory
agendas
because:
the
Board
did not
anticipate
that
the
City
of Galva
would
request
this
site-specific
relief.
The full
text
of
the
Proposed
Amendments
begins
on the
next
page:
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 DESINCATIONSDESIGNATIONS
AND SITE
SPECIFIC WATER QUALITY STANDARDS
Section
303.300
Scope and Applicability
303.301
Organization
303.311
Ohio River Temperature
303.312
Waters Receiving Fluorspar Mine Drainage
303.321
Wabash River Temperature
303.322
Unnamed Tributary of the Vermilion River
303.323
Sugar
Creek
and Its Unnamed Tributary
303.326
Unnamed
Tributary
of Salt Creek, Salt Creek, and Little Wabash
River
303.331
Mississippi River
North Temperature
303.341
Mississippi River North
Central Temperature
303.351
Mississippi River South
Central Temperature
303.352
Unnamed Tributary of Wood River Creek
303.353
Schoenberger Creek; Unnamed Tributary of
Cahokia Canal
303.361
Mississippi River
South Temperature
303.400
Bankline Disposal
Along the Illinois Waterway/River
303.430
Unnamed Tributary
to
Dutch
Creek
303.431
Long Point Slough and Its
Unnamed Tributary
303.441
Secondary Contact Waters
303.442
Waters Not Designated for
Public Water Supply
303.443
Lake Michigan Basin
303.444
Salt Creek, Higgins Creek,
West Branch of the DuPage River, Des
Plaines River
303.445
Total Dissolved Solids Water
Quality Standard for the Lower Des
Plaines River
303.447
Unnamed Tributary of
the South Branch Edwards River and South
Branch
Edwards River
I
303.448
Mud Run Creek
SUBPART
D:
THERMAL
DISCHARGES
Section
303.500
Scope and Applicability
303.501
3Q35Q2
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
Iii.
Reg.
20,
p.
95,
effective
May
17, 1979;
amended
at 5 Ill. Reg. 11592,
effective
October
19,
1981; codified
at 6 Iii.
Reg. 7818;
amended at
6
Iii.
Reg.
11161, effective
September
7,
1982; amended
at
7
Ill. Reg.
8111, effective
June 23, 1983;
amended
in R87-27
at
12
Ill. Reg. 9917,
effective
May 27, 1988; amended
in R87-2
at 13
Ill. Reg.
15649, effective
September
22, 1989;
amended in R87-36
at
14 Ill.
Reg.
9460, effective
May 31,
1990; amended
in R86-14
at 14
111. 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 18 111.
Reg.
2981,
effective
February
14,
1994;
amended in R91-23
at
18 Ill.
Reg. 13457, effective
August 19,
1994;
amended
in
R93-13 at 19 Ill.
Reg. 1310,
effective January
30, 1995; amended
in
R95-14 at
20 Ill.
Reg. 3534, effective
February
8,
1996; amended
in R97-25
at 22
Ill. Reg.
1403, effective
December
24, 1997; amended
in R01-13
at 26 111. Reg.
3517,
effective February
22, 2002;
amended in R03-11
at
28
Ill. Reg.
3071,
effective
February 4, 2004;
amended in
R06-24 at 31
Ill. Reg.
4440, effective
February 27,
2007; amended in
R09--8jj
at
33 Iii. Reg.
1C303,
effective
October 10,
2008; amcndcd
in
R09
11 at 33 III. Reg.
, cffcctivc
SUBPART
C:
SPECIFIC
USE DESIGNATIONS
A1ID SITE
SPECIFIC
WATER QUALITY
STANDARDS
Section
303.447
Unnamed
Tributary
of the South
Branch Edwards
River
and
South Branch
Edwards
River
The
general use
water
quality standard
for
boron
at
35
111. Adm.
Code 302.208(g)
does not
apply to the
waters of the
State that are
located
from
the
point of
discharge
of
the publicly
owned treatment
works
located
at
523
NE 9th
Street in
Galva, known
as the Galva Northeast
Sewage
Treatment
Plant,
to an unnamed
tributary
of
the
South Branch of
the
Edwards
River (the
discharge
point being
located in
Henry County,
Township 14
North, Range
4 East, occupying
portions of
Sections 21,
26, 27, 29,33,34,28,
33.
34
and
35
in
the
Fourth
Principal
Meridian,
Latitude N 41.175°,
Longitude-f-
W
90.035°)
to
the confluence
of unnamed
tributary
with
the South Branch
Edwards
River; to the
confluence
with the
Edwards
River.
Boron levels in
cuchthese
waters must
meet
a
water quality
standard
for boron
of 3.0 mg/L.
(Source:
Added at 33 Ill.
Reg.
. effective
Section
303.448
Mud Run
Creek
The
general
use water
quality standard
for
boron
set
forth at 35 Ill.
Adm. Code
302.208(g)
does not apply
to the waters
of
the State
that
are located from
the
point
of discharge
of the
publicly owned treatment
works located
at 1/2 mile
South
of the
Burlington Northern
Santa Fe Railroad
and SW 4th Street
in Galva,
known
as
the Galva
Southwest Sewage
Treatment Plant,
to Mud Run Creek
(caidth
point
jlocated
in
Henry County, Township
14 North,
Range
4 East, occupying
portions of
Sections 21, 26,
27, 28, 33,
34 and
35
of the
Fourth
Principal
Meridian,
Latitude-f- N 41.154
degrocz, Longitude
W-- 90.053 dcgrccz)
to the
confluence
of Mud Run Creek
with Walnut Creek.
Boron levels in
zuchthese
waters
must meet
a
water
quality standard
for boron of
3.0
mg/L.
(Source:
Added
at 33
Ill. Reg.
TT
T TT/TC
POLLUTION
CONTROL
BOD
NOTICE OF
PROPOSED iENDMENTS
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4
JCAR3
50303 -0903 898r01
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
303.20 1
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 DESIGNATIONSDESINGATIONS 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
3
03.322
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
303.352
Unnamed
Tributary of
Wood River Creek
43
303.353
Schoenberger Creek; Unnamed Tributary of Cahokia
Canal
JCAR350303-0903
898r01
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
303.43
1
Long Point
Slough and
Its Unnamed
Tributary
48
303.44
1
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
303 .447
Unnamed
Tributary
of the South
Branch Edwards River
and South
Branch
54
Edwards River
55
303.448
Mud Run
Creek
56
57
SUBPART D: THERMAL
DISCHARGES
58
59
Section
60
303.500
Scope and Applicability
61
303.502&0
Lake
Sangchris
Thermal Discharges
62
63
303.APPENDIX
A
References
to
Previous
Rules
64
303.APPENDIX
B
Sources
of Codified Sections
65
66
AUTHORITY: Implementing
Section
13 and authorized by
Sections 11(b) and 27
of the
67
Environmental Protection
Act [415 ILCS 5/13,
11(b)
and
27].
68
69
SOURCE: Filed with
the Secretary of State
January 1, 1978; amended
at 2 Ill. Reg. 27,
p.
221,
70
effective
July
5,
1978;
amended at
3
Iii.
Reg. 20,
p.
95, effective
May
17, 1979; amended at
5 Ill.
71
Reg.
11592, effective
October 19, 1981; codified
at 6111. Reg. 7818;
amended at 6111. Reg.
72
11161,
effective
September
7,
1982;
amended at
7
Ill. Reg. 8111,
effective
June
23,
1983;
73
amended in R87-27 at
12 Ill. Reg. 9917, effective
May
27,
1988;
amended in R87-2 at
13 Ill.
74
Reg.
15649, effective
September 22, 1989;
amended in R87-36
at
14
Ill. Reg.
9460,
effective
75
May 31, 1990; amended
in R86-14 at 14 Ill.
Reg.
20724,
effective
December 18, 1990;
amended
76
in
R89-14(C)
at 16 Ill.
Reg. 14684, effective
September 10,
1992; amended
in
R92-17
at 18
Ill.
77
Reg. 2981, effective
February 14,
1994; amended
in
R91-23
at 18
Ill. Reg. 13457,
effective
78
August 19, 1994;
amended in R93-13 at
19 111. Reg. 1310, effective
January
30,
1995;
amended
79
in R95-14 at 20 Ill. Reg.
3534, effective
February
8,
1996;
amended
in R97-25 at 22 Ill.
Reg.
80
1403,
effective December
24, 1997; amended
in R01-13 at 26
Ill.
Reg.
3517,
effective
February
81
22, 2002; amended
in
R03-1 1 at 28 Ill. Reg.
3071, effective February
4, 2004; amended
in
R06-
82
24 at
31111. Reg. 4440,
effective
February 27, 2007;
amended in R09-1
1 at
33
Iii. Reg.
83
effective
84
85
SUBPART
C:
SPECIFIC USE
DESIGNATIONS
AND SITE
86
SPECIFIC
WATER QUALITY
STANDARDS
JCAR350303-0903898r01
87
88
Section 303.447
Unnamed
Tributary
of the South Branch Edwards River and South
89
Branch
Edwards River
90
91
The general use
water quality standard for boron at 35 Ill. Adm. Code
302.208(g)
does not apply
92
to the waters of
the State that are located from the
point
of discharge of the publicly owned
93
treatment
works located at
523
NE
9
th
Street in Galva, known as the Galva
Northeast Sewage
94
Treatment Plant, to
an unnamed tributary of the South Branch of the Edwards River
(the
95
discharge point
being located in Henry County, Township 14 North, Range
4
East, occupying
96
portions of Sections 21,
26, 27, 28,
33,
34 and 35 in
the
Fourth Principal Meridian, Latitude
N
97
4 1.175°,
Longitude
W
90.035°)
to the confluence of unnamed tributary with the South Branch
98
Edwards River; to the
confluence with the Edwards River. Boron levels in these waters must
99
meet a water
quality standard for boron of 3.0 mg/L.
100
101
(Source: Added at 33
Ill.
Reg.
effective
102
103
Section 303.448 Mud
Run Creek
104
105
The general
use water quality standard for boron set forth at 35 Ill. Adm.
Code 302.208(g)
does
106
not
apply to the
waters of the State that are located from the point of discharge of the publicly
107
owned treatment
works located at
Y2
mile South of the Burlington Northern Santa Fe Railroad
108
and SW
4
th
Street in Galva, known as the Galva Southwest Sewage Treatment
Plant,
to Mud Run
109
Creek
(the point is located in Henry County, Township
14
North, Range
4 East, occupying
110
portions of Sections 21,
26, 27, 28, 33, 34 and 35 of the Fourth Principal Meridian, Latitude
N
111
41.154°, Longitude W
90.053°)
to the confluence of Mud Run Creek with Walnut Creek. Boron
112
levels
in
these waters must meet a
water quality
standard for boron of 3.0
mg/L.
113
114
(Source: Added at 33 Ill. Reg.
effective
