OFFICE
OF
THE
SECRETARY
OF STATE
JESSE WHITES
Secretary of
State
February 26, 2009
•cEIVED
LERKS
OFFICE
POLLUTION
CONTROL
BOARD
JOHN THERRIAULT
ASSISTANT
CLERK
U
2
291)9
CHICAGO,
100
W RANDOLPH
IL 60601
ST,
STE 11-500
oEfuon
STATE
OF
Control
ILLINOIS
Board
Dear JOHN THERRIAULT
ASSISTANT
CLERK
Your rules
Listed
below
met our
codification
standards and have
been published
in Volume
33,
Issue 10 of the Illinois
Register, dated
3/6/2009.
PROPOSED RULES
Water
Use
Designations
and
Site-Specific Water
Quality Standards
35
Ill.
Adm. Code 303
3898
Point of
Contact: Nancy Miller
If
you
have any
questions, you
may contact
the Administrative
Code Division
at
(217) 782 - 7017.
Index Department
- Administrative
Code Division
- 111 East
Monroe
Springfield,
IL
62756
ILL11’OIS REGISTER
copy
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:
303.447
New
303.448
New
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
Iii. Adm. Code 3 03.447 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 (STPs). The
proposal
seeks to establish a 3.0 milligram per liter (mg/L) 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 proposed
rulemaking
replace an emergency rule
currently
in effect? No
L -
sos-cor
iv.
ILLiNOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
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? Yes, there is
a
new
section 32 Ill.
Reg.
16303, proposed in the October 10, 2008 Register.
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)
(2006)]
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
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF PROPOSED
AMENDMENTS
beyond
those
currently
required
by the existing state
and federal air pollution
control
regulations
applicable
to affected source
will be required.
14)
Reason
this rulemaking
was
not included in
the two most recent regulatory
agendas:
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:
ILLINOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
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 DES1NGATIONS AND SITE
SPECIFIC WATER QUALITY
STANDARDS
Section
3 03.300
Scope
and Applicability
303.301
Organization
303.3 11
Ohio River Temperature
303.312
Waters Receiving Fluorspar
Mine Drainage
303.32 1
Wabash River Temperature
3
03.322
Unnamed Tributary of the Vermilion River
3
03.323
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
303.34 1
Mississippi
River North Central Temperature
303.35 1
Mississippi River South Central Temperature
303.3 52
Unnamed Tributary of Wood River Creek
303.353
Schoenberger
Creek;
Unnamed
Tributary of Cahokia Canal
303.36 1
Mississippi River South Temperature
ILLINOIS REGISTER
POLLUTION
CONTROL BOARD
NOTICE OF PROPOSED
AMENDMENTS
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
303.448
Mud Creek
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 Ill. 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 6111. 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 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 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 Ill. Reg. 3517, effective February
22, 2002; amended in R03-1 1 at 28 Ill. Reg. 3071, effective
February 4, 2004; amended in R06-
24 at 31111. Reg. 4440,
effective
February 27, 2007; amended in R09-8
at 33
Ill. Reg. 16303,,
effective
October 10, 2008; amended in R09-1
1 at 33 Ill. Reg.
, effective
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE
OF
PROPOSED AMENDMENTS
SUBPART C:
SPECIFIC USE DESIGNATIONS AND SITE SPECIFIC WATER QUALITY
STANDARD
S
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
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
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, 28,33,34, and
35 in the Fourth
Principal
Meridian, Latitude N
41.175°,
Longitude:
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 such 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
3
02.208(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
½
mile South of the
Burlington
Northern Santa Fe Railroad
and SW
4’
Street
in Galva, known
as
the Galva
Southwest
Sewage Treatment Plant, to Mud
Run
Creek
(said
point located 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:
N
41.154 degrees,
Longitude
W. 90.053
degrees)
to the confluence of Mud Run Creek with Walnut
Creek. Boron
levels in
such waters must meet a
water
quality
standard for boron of
3.0
mg/L.
(Source:
Added at 33 Ill. Reg.
effective
