POLLUTION CONTROL BOARD

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Water Quality Standards

2) Code Citation: 35 Ill. Adm. Code 302

4) Statutory Authority: Implementing Sections 5, 10, 13, 21, 22, 22.01, and 22.2 and authorized by Sections 27 of the Environmental Protection Act [415 ILCS 5/5, 10, 13, 21, 22, 22.01, 22.2, and 27]

5) Effective Date of Amendments: December 12, 2012

6) Does this rulemaking contain an automatic repeal date? No

7) Does this rulemaking contain incorporations by reference? Yes

8) A copy of the adopted rulemaking, including any material incorporated by reference, is on file in the Board's Chicago office at the James R. Thompson Center, 100 W. Randolph Street, Suite 11-500, and is available for public inspection.

9) Notice of Proposal Published in Illinois Register: April 13, 2012; 36 Ill. Reg. 5721

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposal and Final Version: Section 302.208(a) - Changed "applies" to "has been approved by the Agency". Section 302.208(b),(c) and (d) - changed "allowed mixing" to "in which mixing is allowed". Section 302.510(a) - Corrected the address of the American Public Health Association. Sections 302.595(a) and 302.669(a) - Changed the 2^nd sentence to "This list shall be made available to the public and updated whenever a new criterion or value is derived periodically but no less frequently than quarterly, and shall be published when updated in the Illinois Register. Some technical, nonsubstantive changes were made in Sections 302.510(a) and (b), 302.595(a) and 302.669(a).

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 rulemaking replace any emergency rulemaking currently in effect? No

14) Are there any proposed rulemakings pending on this Part? No

15) Summary and Purpose of Amendments: These amendments to 35 Ill. Adm. Code 302 update standards for boron, fluoride and manganese discharges into State waters, correct a zinc standard and repeal an outdated site specific fluoride standard. Also, the schedule for publishing derived water quality criteria in the Illinois Register is changed from at least quarterly to whenever a new criterion or value is derived. An incorporation by reference to a USEPA publication is added to include a new cyanide testing method and the incorporation of an American Public Health Association standard method for waste and wastewater examination is updated to the 21^st edition (2005).

16) Information and questions regarding these adopted amendments shall be directed to:

Kathleen Crowley
Illinois Pollution Control Board
100 W. Randolph Street, Suite 11-500
Chicago, IL 60601

312/814-6929
Kathleen.Crowley@illinois.gov

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 R11-18 in your request. The Board order is also available from the Board's website (www.ipcb.state.il.us).

The full text of the Adopted Amendments begins on the next page:

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE C: WATER POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

PART 302

WATER QUALITY STANDARDS

SUBPART A: GENERAL WATER QUALITY PROVISIONS

SUBPART B: GENERAL USE WATER QUALITY STANDARDS

SUBPART C: PUBLIC AND FOOD PROCESSING WATER SUPPLY STANDARDS

SUBPART D: SECONDARY CONTACT AND INDIGENOUS AQUATIC LIFE STANDARDS

SUBPART E: LAKE MICHIGAN BASIN WATER QUALITY STANDARDS

SUBPART F: PROCEDURES FOR DETERMINING WATER QUALITY CRITERIA

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. 44, p. 151, effective November 2, 1978; amended at 3 Ill. Reg. 20, p. 95, effective May 17, 1979; amended at 3 Ill. 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 Ill. Reg. 461, effective December 23, 1985; amended at R87-27 at 12 Ill. 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 Ill. Reg. 5998, effective April 18, 1989; amended in R88-21(A) at 14 Ill. Reg. 2899, effective February 13, 1990; amended in R88-21(B) at 14 Ill. 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 21 Ill. Reg. 370, effective December 23, 1996; expedited correction at 21 Ill. 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, effective February 22, 2002; amended in R02-19 at 26 Ill. Reg. 16931, effective November 8, 2002; amended in R02-11 at 27 Ill. Reg. 166, effective December 20, 2002; amended in R04-21 at 30 Ill. 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 Ill. Reg. 14978, effective September 8, 2008; amended in R11-18 at 36 Ill. Reg. 18871, effective December 12, 2012.

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 for those waters for which a zone of initial dilution (ZID) has been approved by the Agency pursuant to Section 302.102 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 for those waters in which the Agency has approved a mixing zone or in which mixing is allowed pursuant to Section 302.102 as provided in subsection (d). The samples used to demonstrate attainment or lack of attainment with a CS must be collected in a manner that assures an average representative of the sampling period. For the chemical constituents 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 chemical constituent 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 for those waters in which the Agency has approved a mixing zone or in which mixing is allowed pursuant to Section 302.102 as provided in subsection (d).

d) The standard for the chemical constituents of subsections (g) and (h) shall not be exceeded at any time except for those waters in which the Agency has approved a mixing zone or in which mixing is allowed pursuant to Section 302.102. 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

where:

f) Numeric Water Quality Standard for the Protection of Human Health

where:

g) Single-value standards apply at the following concentrations for these substances: Concentrations of the following chemical constituents shall not be exceeded except in waters for which mixing is allowed pursuant to Section 302.102.

where:

h) Water quality standards for sulfate are as follows The following concentrations for sulfate must not be exceeded except in receiving waters for which mixing is allowed pursuant to Section 302.102:

1) At any point where water is withdrawn or accessed for purposes of livestock watering, the average of sulfate concentrations must not exceed 2,000 mg/L when measured at a representative frequency over a 30 day period.

2)The results of the following equations provide sulfate water quality standards in mg/L for the specified ranges of hardness (in mg/L as CaCO₃) and chloride (in mg/L) and must be met at all times:

A) 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 = [1276.7 + 5.508 (hardness) -1.457 (chloride)] * 0.65

where: Where,

B) 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 = [-57.478 + 5.79 (hardness) + 54.163 (chloride)] * 0.65

where: Where

3) The following sulfate standards must be met at all times when hardness (in mg/L as CaCO₃) and chloride (in mg/L) concentrations other than specified in (h)(2) are present:

A) 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 mg/L.

B) 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.

C) 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 131.10(j)(2).

(Source: Amended at 36 Ill. Reg. 18871, effective December 12, 2012)

SUBPART C: PUBLIC AND FOOD PROCESSING WATER SUPPLY STANDARDS

Section 302.303 Finished Water Standards

Water shall be of such quality that with treatment consisting of coagulation, sedimentation, filtration, storage and chlorination, or other equivalent treatment processes, the treated water shall meet in all respects the requirements of Part 611604.

(Note: Prior to codification, Table I, Rule 304 of Ch 6: Public Water Supplies)

(Source: Amended at 36 Ill. Reg. 18871, effective December 12, 2012)

Section 302.304 Chemical Constituents

The following levels of chemical constituents shall not be exceeded:

(Source: Amended at 36 Ill. Reg. 18871, effective December 12, 2012)

SUBPART E: LAKE MICHIGAN BASIN WATER QUALITY STANDARDS

Section 302.504 Chemical Constituents

The following concentrations of chemical constituents must not be exceeded, except as provided in Sections 302.102 and 302.530:

a) The following standards must be met in all waters of the Lake Michigan Basin. Acute aquatic life standards (AS) must not be exceeded at any time except for those waters for which the Agency has approved a zone of initial dilution (ZID) pursuant to Sections 302.102 and 302.530. Chronic aquatic life standards (CS) and human health standards (HHS) must not be exceeded outside of waters in which mixing is allowed pursuant to Sections 302.102 and 302.530 by the arithmetic average of at least four consecutive samples collected over a period of at least four days. The samples used to demonstrate compliance with the CS or HHS must be collected in a manner which assures an average representation of the sampling period.

where Where:

b) The following water quality standards must not be exceeded at any time in any waters of the Lake Michigan Basin, unless a different standard is specified under subsection (c) of this Section.

c) In addition to the standards specified in subsections (a) and (b) of this Section, the following standards must not be exceeded at any time in the Open Waters of Lake Michigan as defined in Section 302.501.

d) In addition to the standards specified in subsections (a), (b) and (c) of this Section, the following human health standards (HHS) must not be exceeded in the Open Waters of Lake Michigan as defined in Section 302.501 by the arithmetic average of at least four consecutive samples collected over a period of at least four days. The samples used to demonstrate compliance with the HHS must be collected in a manner which assures an average representation of the sampling period.

e) For the following bioaccumulative chemicals of concern (BCCs), acute aquatic life standards (AS) must not be exceeded at any time in any waters of the Lake Michigan Basin and chronic aquatic life standards (CS), human health standards (HHS), and wildlife standards (WS) must not be exceeded in any waters of the Lake Michigan Basin by the arithmetic average of at least four consecutive samples collected over a period of at least four days subject to the limitations of Sections 302.520 and 302.530. The samples used to demonstrate compliance with the HHS and WS must be collected in a manner that assures an average representation of the sampling period.

where Where:

(Source: Amended at 36 Ill. Reg. 18871, effective December 12, 2012)

Section 302.510 Incorporations by Reference

a) The Board incorporates the following publications by reference:

American Public Health Association et al., Standard Methods for the Examination of Water and Wastewater, 21^st Edition, 2005. Available from the American Public Health Association, 800 I Street, NW, Washington, D.C. 20001-3710, (202)777-2742.

American Public Health Association et al., 1015 Fifteenth Street, N.W., Washington, D.C. 20005, Standard Methods for the Examination of Water and Wastewater, 18^th Edition, 1996. Available from the American Public Health Association, 1015 Fifteenth St., NW, Washington, D.C. 20005 (202)789-5600.

USEPA. United States Environmental Protection Agency, Office of Health and Environmental Assessment, Washington, D.C. 20460, Method OIA-1677, DW: Available Cyanide by Flow Injection, Ligand Exchange, and Amperometry, January 2004, Document Number EPA-821-R-04-001.

b) The Board incorporates the following federal regulations by reference. Available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, (202) 783-3238:

40 CFR 136 (1996)

40 CFR 141 (1988)

40 CFR 302.4 (1988)

The Sections of 40 CFR 132 (1996) listed below:

Appendix A

Section I A

Section II

Section III C

Section IV D, E, F, G, H, and I

Section V C

Section VI A, B, C, D, E, and F

Section VIII

Section XI

Section XVII

Appendix B

Section III

Section VII B and C

Section VIII

Appendix C

Section II

Section III A (1 through 6 and 8), B (1 and 2)

Appendix D

Section III C, D, and E

Section IV

cd) This Section incorporates no future editions or amendments.

(Source: Amended at 36 Ill. Reg. 18871, effective December 12, 2012)

Section 302.553 Determining the Lake Michigan Aquatic Toxicity Criteria or Values - General Procedures

The Lake Michigan Aquatic Life Criteria and Values are those concentrations or levels of a substance at which aquatic life is protected from adverse effects resulting from short or long term exposure in water.

a) Tier I criteria and Tier II values to protect against acute effects in aquatic organisms will be calculated according to procedures listed at Sections 302.555, 302.560 and 302.563. The procedures of Section 302.560 shall be used as necessary to allow for interactions with other water quality characteristics such as hardness, pH, temperature, etc. Tier I criteria and Tier II values to protect against chronic effects in aquatic organisms shall be calculated according to the procedures listed at Section 302.565.

b) Minimum data requirements. In order to derive a Tier I acute or chronic criterion, data must be available for at least one species of freshwater animal in at least eight different families such that the following taxa are included:

1) The family Salmonidae in the class Osteichthyes;

2) One other family in the class Osteichthyes;

3) A third family in the phylum Chordata;

4) A planktonic crustacean;

5) A benthic crustacean;

6) An insect;

7) A family in a phylum other than Arthropoda or Chordata; and

8) A family from any order of insect or any phylum not already represented.

c) Data for tests with plants, if available, must be included in the data set.

d) If data for acute effects are not available for all the eight families listed above, but are available for the family Daphnidae, a Tier II value shall be derived according to procedures in Section 302.563. If data for chronic effects are not available for all the eight families, but there are acute and chronic data available according to Section 302.565(b) so that three acute to chronic ratios (ACRs) can be calculated, then a Tier I chronic criterion can be derived according to procedures in Section 302.565. If three ACRs are not available, then a Tier II chronic value can be derived according to procedures in Section 302.565(be).

e) Data must be obtained from species that have reproducing wild populations in North America except that data from salt water species can be used in the derivation of an ACR.

(Source: Amended at 36 Ill. Reg. 18871, effective December 12, 2012)

Section 302.595 Listing of Bioaccumulative Chemicals of Concern, Derived Criteria and Values

a) The Agency shall maintain a listing of toxicity criteria and values derived pursuant to this Subpart. This list shall be made available to the public and updated whenever a new criterion or value is derived periodically but no less frequently than quarterly, and shall be published when updated in the Illinois Register.

b) A criterion or value published pursuant to subsection (a) of this Section may be proposed to the Board for adoption as a numeric water quality standard.

c) The Agency shall maintain for inspection all information including, but not limited to, assumptions, toxicity data and calculations used in the derivation of any toxicity criterion or value listed pursuant to subsection (a) of this Section until adopted by the Board as a numeric water quality standard.

(Source: Amended at 36 Ill. Reg. 18871, effective December 12, 2012)

SUBPART F: PROCEDURES FOR DETERMINING WATER QUALITY CRITERIA

Section 302.648 Determining the Human Threshold Criterion

The HTC is calculated according to the equation:

HTC = ADI/[W + (F x BCF)]

where Where:

(Source: Amended at 36 Ill. Reg. 18871, effective December 12, 2012)

Section 302.657 Determining the Human Nonthreshold Criterion

The HNC is calculated according to the equation:

HNC = RAI/[W + (F x BCF)]

where Where:

(Source: Amended at 36 Ill. Reg. 18871, effective December 12, 2012)

Section 302.669 Listing of Derived Criteria

a) The Agency shall develop and maintain a listing of toxicity criteria pursuant to this Subpart. This list shall be made available to the public and updated whenever a new criterion is derived periodically but no less frequently than quarterly, and shall be published when updated in the Illinois Register.

b) A criterion published pursuant to subsection (a) may be proposed to the Board for adoption as a numeric water quality standard.

c) The Agency shall maintain for inspection all information including, but not limited to, assumptions, toxicity data and calculations used in the derivation of any toxicity criterion listed pursuant to subsection (a) until adopted by the Board as a water quality standard.

(Source: Amended at 36 Ill. Reg. 18871, effective December 12, 2012)