Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 302 - WATER QUALITY STANDARDS › Subpart E - LAKE MICHIGAN BASIN WATER QUALITY STANDARDS › Section 302.521 - Supplemental Antidegradation Provisions for BCCs

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notwithstanding the provisions of Section
				302.105, waters within the Lake
				Michigan Basin must not be lowered in quality due to new or increased loading
				of substances defined as BCCs in Section
				302.501 from any source or
				activity subject to the NPDES permitting, Section 401 water quality
				certification provisions of the Clean Water Act (33 U.S.C. 1341), or
				joint permits from the Agency and the Illinois Department of Natural Resources
				under Section 39(n) of the Act [415 ILCS
				5/39(n) ] until and unless it can be
				affirmatively demonstrated that the change is necessary to accommodate
				important economic or social development.
1)
				Where ambient concentrations of a BCC are equal to or exceed an applicable
				water quality criterion, no increase in loading of that BCC is
				allowed.
2) Where ambient
				concentrations of a BCC are below the applicable water quality criterion, a
				demonstration to justify increased loading of that BCC must include the
				following:
A) Pollution Prevention
				Alternatives Analysis. Identify any cost-effective reasonably available
				pollution prevention alternatives and techniques that would eliminate or
				significantly reduce the extent of increased loading of the BCC.
B) Alternative or Enhanced Treatment
				Analysis. Identify alternative or enhanced treatment techniques that are
				cost-effective and reasonably available to the entity that would eliminate or
				significantly reduce the extent of increased loading of the BCC.
C) Important Social or Economic Development
				Analysis. Identify the social or economic development and the benefits that
				would be forgone if the increased loading of the BCC is not allowed.
3) In no case will increased
				loading of BCCs result in exceeding applicable water quality criteria or
				concentrations exceeding the level of water quality necessary to protect
				existing uses.
4) Changes in
				loadings of any BCC within the existing capacity and processes of an existing
				NPDES authorized discharge, certified activity under Section 401 of the Clean
				Water Act, or joint permits from the Agency and the Illinois Department of
				Natural Resources under Section 39(n) of the Act are not subject to the
				antidegradation review of subsection (a). These changes include:
A) normal operational variability, including
				intermittent increased discharges due to wet weather conditions;
B) changes in intake water
				pollutants;
C) increasing the
				production hours of the facility; or
D) increasing the rate of
				production.
5) Any
				determination to allow increased loading of a BCC based on a demonstration of
				important economic or social development need must satisfy the public
				participation requirements of
				40 CFR
				25 before final issuance of the NPDES permit,
				Section 401 water quality certification, or joint permits from the Agency and
				the Illinois Department of Natural Resources under Section 39(n) of the
				Act.