Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 302 - WATER QUALITY STANDARDS › Subpart B - GENERAL USE WATER QUALITY STANDARDS › Section 302.211 - Temperature

Current through Register Vol. 48, No. 28, July 12, 2024
a) There must not
				be abnormal temperature changes that may adversely affect aquatic life unless
				caused by natural conditions.
b)
				The normal daily and seasonal temperature fluctuations that existed before the
				addition of heat due to other than natural causes must be maintained.
c) The maximum temperature rise above natural
				temperatures must not exceed
				2.8
									°C (5 °F).
d) In addition, the water temperature at
				representative locations in the main river must not exceed the maximum limits
				in the following table during more than one percent of the hours in the
				12-month period ending with any month. Moreover, the water temperature at those
				locations must never exceed the maximum limits in the following table by more
				than 1.7
									°C (3 °F).
°C
°F
°C
°F
JAN
16
60
JUL.
32
90
FEB.
16
60
AUG.
32
90
MAR.
16
60
SEPT.
32
90
APR.
32
90
OCT.
32
90
MAY
32
90
NOV.
32
90
JUNE
32
90
DEC.
16
60
e)
				The owner or operator of a source of heated effluent that discharges 150
				megawatts (0.5 billion British thermal
				units per hour) or more must demonstrate in a hearing before the Board in the
				case of new sources, after the commencement of operation, that discharges from
				that source have not caused and cannot be reasonably expected to cause
				significant ecological damage to the receiving waters. If this demonstration is
				not made to the satisfaction of the Board, the Board will order appropriate
				corrective measures to be implemented within a reasonable time as determined by
				the Board.
f) Permits for heated
				effluent discharges, whether issued by the Board or the Agency, can be revised
				if reasonable future development creates a need for reallocation of the
				assimilative capacity of the receiving stream as defined in the regulation
				above.
g) The owner or operator of
				a source of heated effluent must maintain records and conduct studies of the
				effluents from the sources and of their effects as may be required by the
				Agency or in any permit granted under the Act.
h) Appropriate corrective measures will be
				required if, upon complaint filed in compliance with Board rules, it is found
				at any time that any heated effluent causes significant ecological damage to
				the receiving stream.
i) All
				effluents to an artificial cooling lake must comply with the applicable
				provisions of the thermal water quality standards in this Section and 35 Ill.
				Adm. Code 303, except when all of the following requirements are met:
1) All discharges from the artificial cooling
				lake to other waters of the State comply with the applicable provisions of
				subsections (a) through (d).
2) The
				heated effluent discharged to the artificial cooling lake complies with all
				other applicable provisions of this Chapter, except subsections (a) through
				(d).
3) At an adjudicative hearing,
				the discharger must satisfactorily demonstrate to the Board that the artificial
				cooling lake receiving the heated effluent will be environmentally acceptable,
				and within the intent of the Act, including:
A) providing conditions capable of supporting
				shellfish, fish and wildlife, and recreational uses consistent with good
				management practices, and
B)
				controlling the thermal component of the discharger's effluent by a
				technologically feasible and economically reasonable
				method.
4) The required
				demonstration in subsection (i)(3) may take the form of an acceptable final
				environmental impact statement or pertinent provisions of environmental
				assessments used in the preparation of the final environmental impact
				statement, or may take the form of a demonstration under Section 316(a) of the
				Clean Water Act (CWA) (33
				U.S.C. 1251 et seq.) that addresses the
				requirements of subsection (i)(3).
5) If the Board finds the demonstration to be
				adequate as provided in subsection (i)(3), the Board will promulgate specific
				thermal standards to be applied to the discharge to that artificial cooling
				lake.