ECE,V

CLERK’S

OFFICE

JUN

082009

STATE

ILLINOIS

Pollution

Control

Board

OFFICE OF THE SECRETARY

OF STATE

JESSE WHITE• Secretary of

State

June 4, 2009

POLLUTION CONTROL

BOARD

JOHN

THERRL&ULT ASSISTANT CLERK

100

RANDOLPH ST, STE 11-500

CHICAGO, IL 60601

Dear JOHN

THERRIAULT ASSISTANT CLERK

Your rules Listed

below met our codification standards and have been published in Volume

33,

Issue 24 of the

Illinois Register, dated 6/12/2009.

ADOPTED

RULES

Water Use

Designations and Site Specific Water Quality

Standards

Ill. Adm. Code 303

7903

Point of Contact: Nancy

Miller

If you have

any questions, you may contact the

Administrative

Code

Division

(217)

782 - 7017.

Index

Department - Administrative Code

Division - 111 East Monroe Springfield, IL 62756

ILLiNOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF

ADOPTED AMENDMENT

Heading of the

Part:

Water Use Designations and Site Specific Water

Quality

Standards

Code Citation: 35 Ill. Adm. Code 303

Section Numbers:

Adopted Action:

303 .446

New

Section

Statutory

Authority: Implementing Section 10 and authorized by Sections 27 and 28 of

the Environmental Protection Act [415 ILCS 5/10, 27 and 28].

MAY

92009

Effective Date of Amendments:

Does this

rulemaking

contain an automatic

repeal

date? No

Do these amendments contain

incorporations

by reference? No

The adopted

amendments, on file in the Board’s Chicago office

the James R.

Thompson Center, 100 W. Randolph, Suite 11-500 and are available for public

inspection.

Notice of Proposal

Published in

Illinois Register:

October 10

2008; 32 Ill. Reg. 16303

10)

Has JCAR

issued

Statement of

Objections

these

amendments? No

11)

Differences between proposal and final version:

the table of contents, deleted “Springfield Metro Sanitary District Spring Creek

Treatment Plant Boron Discharge” and replace with “Boron Water Quality Standard for

Segments of the Sangamon River and the Illinois River”.

In Section 303 .446, the title deleted “Springfield Metro Sanitary District Spring Creek

Treatment Plant Boron Discharge” and replace with “Boron Water Quality Standard for

segments of the Sangamon

River

and the Illinois River”.

In Section 303

.446,

the first

line replaced

“Section” with 35 Ill. Adm. Code

302.208(g).

In Section 303 .446, the second line after “shall not apply

to”

added “segments of the

Sangamon

River and the Illinois River

(described

below’)”.

CEJVE

iAY29

2J1

3OSCOD

DIV.

ILLiNOIS REGISTER

POLLUTION

CONTROL

BOARD

NOTICE

OF ADOPTED AMENDMENT

In Section 303 .446, the third line deleted “waters of the State: waters of the State”

Section 303 .446, the fifth line replaced “waters” with “river segments” and added

“following” after “meet the”

Section 303 .446, the sixth line deleted “as set forth in this section”

In Section

303.446(a),

the first line

deleted “an area of dispersion

within”

In Section 303 .446(a) the second line added “(Latitude: 39° 51’ 37.234” North,

Longitude: 89° 38’ 3

0.082” West)”

In Section 303

.446(a), the last line

added

“(Latitude:

39°

51’ 42.595” North, Longitude:

89° 38’ 3 0.089” West)”

In Section 303 .446(b),

the first line

after

“4.5

mg/L” added “in the

Sangamon River”

Section 303 .446(b) the second line after “Sangamon River” added “(Latitude: 39° 51’

42.595”

North, Longitude:

89° 38’ 3 0.089” West)”

In Section 303 .446(b), the third line after “Sangamon” added “River (Latitude: 40°

7’

33.009”

North, Longitude:

89°

49’ 40.224”

West)”

Section

303 .446(c),

the first line after

“1.6 mg/L” added “in the

Sangamon River”

In Section

303.446

at the

end

of the

first line

added “River (Latitude:

40°

7’ 33.009”

North, Longitude: 89° 49’ 40.224”

West)”

In Section 303 .446(c) in the third line after “Illinois River” added

“(Latitude:

40° 1’

20.995”

North, Longitude:

90° 25’ 59.451”

West)”

In Section 303 .446(d) the

second line

removed “confluence of’ and added after

“Sangamon River”

“(Latitude:

40° 1’ 20.995”

North, Longitude: 90° 25’

59.45

1” West)”

In Section 303

.446(d)

the last line after “Sangamon River”

added

“(Latitude:

40° 1’

20.197” North,

Longitude:

90 26’ 3.205”

West)”

12)

Have all the

changes

agreed upon by the agency and JCAR been made as indicated in

the agreements letter issued

JCAR? Yes

ILIJNOIS

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED

AMENDMENT

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:

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

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

critical power supply for the City of Springfield and surrounding communities; the site-

specific water

quality

standard for boron is

necessary

enable CWLP to operate its

power plant in compliance with its National Pollutant

Discharge Elimination System

Permit and State and Federal air pollution Regulations.

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 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 R09-08 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

AMENDMENT

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE C:

WATER POLLUTION

CHAPTER I: POLLUTION

CONTROL BOARD

PART 303

WATER USE DESIGNATIONS AND SITE-SPECIFIC

WATER QUALITY STANDARDS

SUBPART A: GENERAL PROVISIONS

Section

303.100

Scope

and Applicability

303.10 1

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 DESIGNATIONS 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

03.322

Unnamed Tributary of the Vermilion River

303.323

Sugar Creek and Its Unnamed Tributary

303.326

Unnamed Tributary of Salt Creek, Salt Creek, and Little Wabash River

303.331

Mississippi River North Temperature

303.34 1

Mississippi

River North Central Temperature

303.351

Mississippi River South Central Temperature

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENT

3 03.352

Unnamed Tributary of Wood River Creek

303.353

Schoenberger Creek; Unnamed Tributary of Cahokia Canal

303.36 1

Mississippi River South Temperature

303 .400

Bankline Disposal Along the Illinois Waterway/River

303 .430

Unnamed Tributary to Dutch Creek

303 .431

Long Point Slough and Its Unnamed Tributary

303.441

Secondary Contact Waters

303 .442

Waters Not Designated for Public Water Supply

303

.443

Lake Michigan Basin

303 .444

Salt Creek, Higgins Creek, West Branch of the DuPage River, Des Plaines

River

3 03.445

Total Dissolved Solids Water Quality Standard for the Lower Des Plaines River

303 .446

Boron Water

Quality

Standard for Segments of the Sangamon

River and the

Illinois River

SUBPART D:

THERMAL

DISCHARGES

Section

303.500

Scope

and Applicability

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 27].

SOURCE: Filed

with

the Secretary of State January 1, 1978; amended at 2 Ill. Reg. 27,

221,

effective

July 5,

1978; amended

at 3 Ill. Reg.

20,

95, effective May 17, 1979; amended at

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

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

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

26 Ill. Reg.

3517,

effective

February 22, 2002; amended

R03-1

1 at 28

Ill.

Reg. 3071, effective February 4, 2004;

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF ADOPTED AMENDMENT

amended in R06-24 at 31111. Reg. 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 Boron Water

Quality

Standard for Segments

of the

Sangamon River

and

the Illinois River

The general use

water quality standard for boron

set forth in 35 Iii. Adm. Code

302.208(g)

shall

not apply to segments of the

Sangamon

River and the Illinois River

(described below)

that

receive discharge from Outfall 007 of the Spring Creek

Sewage

Treatment Plant located at 3017

North 8th Street,

Springfield,

Illinois. owned by the Springfield

Metro

Sanitary District. Boron

levels in those river

segments must meet the

following water quality standards for boron:

11.0 mg/L in the Sangamon River from Outfall

007

(Latitude:

39° 51’ 3

7.234”

North,

Longitude:

89 38’

30.082”

West) to 182

yards

downstream from the

confluence of Spring Creek with the Sangamon River

(Latitude:

51’ 42.595”

North, Longitude: 89 38’ 30.089”

West);

4.5 mg/L in the Sangamon River from 182

yards

downstream of the confluence

of Spring Creek with the Sangamon River

(Latitude:

39 51’

42.595”

North,

Longitude:

89 38’ 30.089”

West)

to the confluence of Salt Creek with the

Sangamon

River

(Latitude:

40 7’ 33.009” North, Longitude:

49’ 40.224”

West),

distance

of 39.0

river

miles;

1.6 mg/L in the Sangamon

River from the confluence of Salt Creek with the

Sangamon River

(Latitude:

7’ 33.009” North,

Longitude:

89 49’

40.224”

West)

to the confluence of the Sangamon River with

the Illinois

River

(Latitude:

1’

20.995”

North,

Longitude:

90 25’ 59.451”

West),

distance of 36.1 river

miles;

and

1.3 mg/L in the Illinois River

from the confluence of the Illinois River with the

Sangamon River

(Latitude:

40 1’ 20.995”

North,

Longitude:

90 25’ 59.451”

West)

to 100 yards downstream of the

confluence of the Illinois River with the

Sangamon

River

(Latitude:

40 1’ 20.197”

North,

Longitude:

90 26’ 3.205”

West).

(Source: Added

at 33

Ill.

Reg.