ILLINOIS POLLUTION CONTROL BOARD
August 6, 2009
IN THE MATTER OF:
CITY OF GALVA SITE SPECIFIC WATER
QUALITY STANDARD FOR BORON
DISCHARGES TO EDWARDS RIVER AND
MUD RUN CREEK:
35 ILL. ADM. CODE 303.447 AND 303.448
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R09-11
(Site-Specific Rulemaking - Water)
Proposed Rule. Final Notice.
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On October 17, 2008, the City of Galva (Galva) filed a proposal for site-specific
rulemaking pursuant to Section 28 of the Environmental Protection Act (Act) (415 ILCS 5/28
(2006)). The proposal (Prop.) seeks to establish a 3.0 milligram per liter (mg/L) alternative
boron water quality 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 Mud Run Creek. These waters receive discharges from the two
Sewage Treatment Plants (STPs) operated by Galva.
The Board heard testimony and received comments from Illinois Environmental
Protection Agency (Agency) and Galva. On June 18, 2009, the Board found the rule as proposed
by Galva was technically feasible and economically reasonable and is protective of human health
and the environment. Therefore, the Board adopted the rule for second notice as the rule was
proposed for first notice making only nonsubstantive changes. The Board filed the rule with the
Joint Committee on Administrative Rules (JCAR). On July 14, 2009, JCAR issued a certificate
of no objection.
Today the Board adopts the rule for final notice making no changes as JCAR
recommended none. The Board will briefly describe the procedural background and then
summarize the rule. The Board will then discuss the reasons for proceeding to final notice.
PROCEDURAL BACKGROUND
On October 17, 2008, Galva filed the proposal along with a technical support document
(TSD) and motions requesting the Board to waive the requirement for 200 signatures on the
petition and to expedite consideration of the petition.
See
415 ILCS 5/28 (2006); 35 Ill. Adm.
Code 102.202(g) and 101.512. The Board received no responses to the motions and pursuant to
Section 101.500(d), any objection to the granting of the motions was deemed waived. 35 Ill.
Adm. Code 101.500(d).
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On February 5, 2009, the Board proposed for first notice the rule as proposed by Galva
without comment on the merits of the proposal. The Board also granted the motion to waive the
signature requirement of Section 102.202(g); however, the Board denied the motion for
expedited consideration. On March 6, 2009, the rule was published for first notice in the
Illinois
Register
.
See
33 Ill. Reg. 3898 (Mar. 6, 2009).
On February 19, 2009, in accordance with Section 27(b) of the Act (415 ILCS 5/27(b)
(2006)), the Board requested that the Department of Commerce and Economic Opportunity
(DCEO) conduct an economic impact study for this rulemaking. On March 4, 2009, the Board
received a response from DCEO, indicating that no economic impact study would be performed.
At the public hearing held on March 31, 2009, the Board solicited comments on DCEO’s
decision not to conduct an economic impact study. No comments were offered. Tr. at 3-4.
The Board held a public hearing on March 31, 2009, in Galva. At the hearing Galva
presented witnesses in support of the proposal and the Agency presented testimony. The Board
received two public comments, one from Galva (PC 2) and one from the Agency (PC 1).
On June 18, 2009, the Board adopted the rule for second notice, making no substantive
changes from the first notice. On July 14, 2009, JCAR issued a certificate of no objection.
RULE
The rule establishes an alternative water quality standard for boron in three streams, an
unnamed tributary of the South Branch of the Edwards River, the Edwards River and Mud Run
Creek, that receive discharges from Galva’s two sewage treatment plants (STP). Section
302.208(g) of the Board’s water quality rules (35 Ill. Adm. Code 302.208(g)) establishes a
general use water quality standard for boron of 1.0 milligram per liter (mg/L). The site specific
rule sets a water quality standard of 3.0 mg/L for segments of all three streams. Galva’s
Northeast STP is an activated sludge plant that ultimately discharges into an unnamed tributary
of the South Branch of the Edwards River. The Southwest STP is an aerated lagoon system,
discharging into Mud Run Creek, a tributary of Walnut Creek, which is a tributary of the Spoon
River.
Boron is naturally occurring in the groundwater that surrounds Galva and is thus inherent
in Galva’s water supply. Boron is an inorganic element derived from compounds called borates
which are found in oceans, sedimentary rocks, coal, shale, and some soils. The boron in Galva’s
potable water and effluent is not a result of human activity but occurs naturally.
The Agency incorporated a permit condition in Galva’s Southwest STP permit that sets
an effluent standard for boron of 1.0 mg/L. The boron standard found in the Board’s rules was
adopted in 1972 to implement the requirements of the Clean Water Act (33 U.S.C. §§1251
et
seq
.). In adopting the boron standard the Board stated that the water quality standard was based
on evidence that high levels of boron can harm irrigated crops. Prop. at 10, citing Effluent
Criteria, R70-8; Water Quality Standards Revisions, R71-14; Water Quality Standards Revisions
for Intrastate Waters (SWB-14), R71-20 (consld.) (Mar. 7, 1972). The Agency applied the 1.0
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mg/L boron standard to Galva’s effluent limit even though the Board declined to adopt an
effluent limit for boron.
At second notice, the Board discussed in detail the comments and testimony from Galva
and the Agency, which are the only comments received in the proceeding.
See
In the Matter of:
Galva Site Specific Water Quality Standard for Boron Discharges to Edwards River and Mud
Run Creek
, R09-11 (June 18, 2009). After carefully reviewing all the information in the record,
the Board found that the site specific rule is economically reasonable and technically feasible.
Further the Board found that the site specific rule will be protective of human health and the
environment. Therefore the Board proceeded to second notice with the rule language as follows:
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 these waters must meet a water quality standard
for boron of 3.0 mg/L.
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 ½ 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 (the point is 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°, Longitude W. 90.053°) to the confluence of Mud Run Creek with
Walnut Creek. Boron levels in these waters must meet a water quality standard
for boron of 3.0 mg/L.
DISCUSSION
As previously discussed, the Board proceeded to first notice without commenting on the
rule proposal However at second notice the Board evaluated the comments and testimony
provided by the Agency and Galva in making the Board’s determination that proceeding to
second notice was appropriate.
See generally
In the Matter of: Galva Site Specific Water
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Quality Standard for Boron Discharges to Edwards River and Mud Run Creek, R09-11 (June 18,
2009).
In considering the technical feasibility and economic reasonableness of the alternatives,
the Board noted that the source of excess boron in Galva’s STP discharges is the groundwater
from aquifers that supply Galva’s potable water. Galva presented evidence that Galva
investigated various compliance alternatives, including treatment to remove excess boron from:
1) the potable water supply, 2) the effluent from the STPs. Galva also investigated the potential
for a new potable water well, or obtaining alternative drinking water sources from neighboring
cities of Kewanee and Galesburg. The treatment options evaluated included ion exchange and
reverse osmosis (RO).
The Board found that each of the options explored by Galva presents technical
challenges. The evidence presented by Galva indicates that treatment by ion exchange or RO
might reduce boron in the effluent or potable water supply; however the processes will result in
substantial waste disposal issues. Drilling a new shallow well presents the uncertainty of finding
an adequate water supply. Sharing a potable water supply with neighboring Galesburg would
entail a substantial construction project for the 20 to 25-mile water transmission line. In addition
to the technical challenges, Galva faces estimated capital costs ranging from $2 million to $13.6
million.
The Board further found that the evidence of the capital costs necessary for any of the
compliance alternatives as well as the technical difficulties of the alternatives exemplify that the
alternatives are not technically feasible and economically reasonable given the lack of significant
environemental impact as discussed below. Therefore the Board found that of all the alternatives
evaluated, the proposed site specific standard of 3.0 mg/L for boron is the only technically
feasible and economically reasonable alternative.
As to the environmental impact of the proposed rule, the Board found that the proposed
site specific rule will not negatively impact human health or the environment and should be
adopted. The Board’s finding is based on the record in this proceeding which provides
substantial information indicating that the proposed rule will not negatively impact either aquatic
life or human health. Further, with no irrigation along the streams that will be impacted by the
site specific rule, there is no negative impact to plant life.
The Board’s finding is consistent with the Board’s numerous precedents granting
adjusted standards and site specific rules for boron.
See
Petition of City of Springfield Office of
Public Utilities for an Adjusted Standard from 35 Ill. Adm. Code 302.208(e), AS 94-9 (Dec. 1,
1994); Petition of Illinois Power Company (Baldwin Power Plant) for an Adjusted Standard from
35 Ill. Adm. Code 302.208 and 35 Ill. Adm. Code 304.105 Regarding the Parameter Boron, AS
96-1 (May 2, 1996); Petition of Central Illinois Light Company (Duck Creek Station) for
Adjusted Standard From 35 Ill. Adm. Code 302.208 and 35 Ill. Adm. Code 304.105 Regarding
The Parameter Boron
, AS 96-8 (June 20, 1996).
The Board notes that the record indicates the Agency is cooperating with the Illinois
Natural History Survey (INHS) to generate additional boron toxicity studies to supplement the
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current database. Such data would help to ensure that boron general use standards proposed in
the future would be protective of aquatic life. The results of the Agency/INHS study is expected
to bolster the scientific justification for the revision of the general use boron water quality
standard. If the Agency/INHS study results in new boron toxicity information that raises any
concerns with the site specific standards or renders such standards as moot, the Board expects the
Agency to address those concerns as a part of its proposal to revise the general use standards.
The Board notes that in the past, the Board has revised existing site specific rules to make them
consistent with the adopted revisions to the rule of general applicability.
See
Proposed New and
Updated Rules for Measurement and Numerical Sound Emissions Standards Amendments to 35
Ill. Adm. Code 901 and 910
, (R03-9) March 2, 2006.
CONCLUSION
The Board finds that Galva’s site specific rule is economically feasible and technically
reasonable. Further, the Board finds that the record establishes that the site specific rule will be
protective of human health and the environment. Therefore, the Board finds that proceeding to
final notice with this rule is appropriate.
ORDER
The Board directs the Clerk to cause the filing of the following rule for final notice with
the Secretary of State.
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
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SUBPART C: SPECIFIC USE DESINGATIONS DESIGNATIONS
SPECIFIC WATER QUALITY STANDARDS
AND SITE
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
303.446
Boron Water Quality Standard for Segments of the Sangamon River and the
Illinois River
303.447
Unnamed Tributary of the South Branch Edwards River and South Branch
Edwards River
303.448
Mud Run Creek
SUBPART D: THERMAL DISCHARGES
Section
303.500
Scope and Applicability
303.501 303.502
303.APPENDIX A
References to Previous Rules
Lake Sangchris Thermal Discharges
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 6 Ill. Reg. 7818; amended at 6 Ill. Reg.
11161, effective September 7, 1982; amended at 7 Ill. Reg. 8111, effective June 23, 1983;
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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 R03-11 at 28 Ill. Reg. 3071, effective February 4, 2004; amended in R06-
24 at 31 Ill. Reg. 4440, effective February 27, 2007; amended in R09-8 at 33 Ill.
Reg. 7903
effective May 29, 2009; amended in R09-11 at ____ Ill. Reg. _________, effective
_____________________.
SUBPART C: SPECIFIC USE DESIGNATIONS AND 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 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 these 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 ½ 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 (the point is 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°, Longitude W. 90.053°) to the confluence of Mud Run Creek with Walnut Creek. Boron
levels in these waters must meet a water quality standard for boron of 3.0 mg/L.
(Source: Added at 33 Ill. Reg.____________, effective _________________)
IT IS SO ORDERED.
Board Member Shundar Lin abstained.
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I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on June 18, 2009, by a vote of 4-0, Member Lin
Abstained.
_________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
