reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart D - ASSESSMENT OF REASONABLE POTENTIAL TO EXCEED WATER QUALITY STANDARDS, CRITERIA, AND VALUES › Section 352.401 - Applicability and Exclusions

Current through Register Vol. 48, No. 28, July 12, 2024
The need for a WQBEL is based on the potential of a given
				  parameter to cause or contribute to a violation of the applicable water quality
				  standard, criteria, or value. In certain circumstances, this may entail
				  application of a mixing zone to the discharge before comparing the effluent
				  concentration of a substance to the water quality standard, criteria, or value.
				  The Agency shall conduct an analysis of the reasonable potential for a given
				  effluent to exceed or contribute to excursions above water quality standards
				  that may occur in the receiving body during the NPDES permit review. This
				  reasonable potential analysis is based on statistical analysis of the effluent
				  and the following factors:
a)
				Reasonable potential analysis is conducted on a parameter-by-parameter basis.
				In instances where a reasonable potential to exceed a water quality standard
				for a substance does exist, it does not imply that a reasonable potential for
				all parameters present in the effluent exists or that WQBELs for all parameters
				are required.
b) The assignment of
				values for WQBELs is dependent on the application of dilution or mixing zones.
				The process used for permit review will be conducted in a stepwise approach
				with the first step being a direct comparison of the Projected Effluent Quality
				(PEQ) to the applicable water quality standard, criteria or value. If the PEQ
				is less than or equal to the applicable standard, criteria or value, the Agency
				will conclude that no potential to exceed exists, that the analysis for that
				parameter is completed and no WQBEL will be established in the permit unless
				otherwise warranted under Section
				352.430.
				If the PEQ exceeds the applicable standard, criteria or value, the analysis
				shall proceed to consideration of mixing and dilution pursuant to Section
				352.422.
c) Exclusions from reasonable potential
				analysis. This procedure is a statistically based evaluation of the need for
				WQBEL for toxic substances based on the scientific approaches to toxicity
				assessment contained within 40 CFR 9, 122, 123, 131, and 132. This procedure is
				either not amenable to or appropriate for certain pollutants and parameters
				included in the Lake Michigan Basin water quality standards at 35 Ill. Adm.
				Code 302. Subpart E. Therefore this procedure shall not be used to establish
				permit limits for the following substances:
Alkalinity
Ammonia
Bacteria
Chlorine
Color
Dissolved Oxygen
Dissolved Solids
pH
Phosphorus
Temperature
Total and Suspended Solids
Turbidity
Sulfate
Biochemical Oxygen Demand (BOD)
Radioactivity
Boron
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart D - ASSESSMENT OF REASONABLE POTENTIAL TO EXCEED WATER QUALITY STANDARDS, CRITERIA, AND VALUES › Section 352.410 - Data Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
For a particular application, reasonable potential analysis
				  is primarily based on the effluent quality demonstrated by self-monitoring
				  data, as required by the NPDES permit, or Agency-generated data, such as
				  effluent sampling, facility-related stream studies, or whole effluent toxicity
				  (WET) testing. Effluent data used in derivation of Projected Effluent Quality
				  (PEQ) shall be selected to best represent the concentration and variability of
				  the pollutant in the discharge anticipated for the applicable period of the
				  NPDES permit. Data shall be collected and analyzed in accordance with USEPA or
				  Agency approved sampling and analytical methods. The following criteria will be
				  followed in data selection:
a) The
				most recent five years of data shall be used unless the Agency determines that
				an alternative period better represents the time period for which effluent
				quality is being projected. Such alternative time periods may include but are
				not limited to shorter periods that reflect changed discharge characteristics
				resulting from changes in manufacturing activities or wastewater treatment
				systems.
b) Data outliers and other
				anomalies resulting from collection, analysis or recording errors or
				non-repeatable plant operation or discharge conditions may be eliminated from
				the data.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart D - ASSESSMENT OF REASONABLE POTENTIAL TO EXCEED WATER QUALITY STANDARDS, CRITERIA, AND VALUES › Section 352.412 - Conversion Factors for Dissolved and Total Metals

Current through Register Vol. 48, No. 28, July 12, 2024
a) The numeric standards for certain metal
				parameters in 35 Ill. Adm. Code
				302.504 are
				established as dissolved forms of the substance since the dissolved form more
				closely relates to the toxicology literature utilized in deriving the standard.
				However, most discharge monitoring data used in deriving a PEQ will be from a
				total recoverable analytical method and permit limits if and when established
				will be set at total recoverable to accommodate the total recoverable
				analytical method. The Agency will use a conversion factor to determine the
				amount of total metal corresponding to dissolved metal for each metal with a
				water quality standard set at dissolved concentration. In the absence of
				facility specific data the following default conversion factors will be used
				for both PEQ derivation and establishing WQBELs. The conversion factor
				represents the portion of the total recoverable metal presumed to be in
				dissolved form. The conversion values given in the following table are
				multiplied by the appropriate total recoverable metal concentration to obtain a
				corresponding dissolved concentration which then may be compared to the acute
				or chronic standard. A dissolved metal concentration may be divided by the
				conversion factor to obtain a corresponding total metal value which will
				generally be the metal form regulated in NPDES permits.
Metal
Conversion Factor Acute Standard
Chronic Standard
Arsenic
1.000
1.000
Cadmium
0.850
0.850
Chromium (Trivalent)
0.316
0.860
Chromium (Hexavalent)
0.982
0.962
Copper
0.960
0.960
Mercury
0.850
0.850
Nickel
0.998
0.997
Selenium
0.922
0.922
Zinc
0.978
0.986
b) A
				permittee may propose an alternate conversion factor for any particular site
				specific application. The request must contain sufficient site specific data,
				or other data that is representative of the site, to identify a representative
				ratio of the dissolved fraction to the total recoverable fraction of the metal
				in the receiving water body at the edge of the mixing zone. If a site specific
				conversion factor is approved, that factor will be used for PEQ derivation and
				establishment of a WQBEL in lieu of its default counterpart in subsection (a)
				above.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart D - ASSESSMENT OF REASONABLE POTENTIAL TO EXCEED WATER QUALITY STANDARDS, CRITERIA, AND VALUES › Section 352.422 - Dilution Allowance

Current through Register Vol. 48, No. 28, July 12, 2024
If the PEQ for a parameter is greater than the particular
				  water quality standard, criteria or value for that parameter, the Agency will
				  assess the level of treatment being provided by the discharger. If the
				  discharger is providing (or will be providing) a level of treatment consistent
				  with the best degree of treatment required by 35 Ill. Adm. Code
				  304.102(a),
				  the PEQ derived under Section
				  352.421
				  shall be compared to a preliminary effluent limitation (PEL) determined by
				  applying an appropriate mixing zone or a default mixing zone to the discharge.
				  Mixing opportunity and dilution credit will be considered as follows:
a) Discharges to tributaries of the Lake
				Michigan Basin shall be considered to have no available dilution for either
				acute or chronic exposures, and the PEL will be set equivalent to the water
				quality standard unless dilution is documented through a mixing zone
				study.
b) Direct discharges to the
				Open Waters of Lake Michigan shall have a default mixing allowance of 2:1 for
				acute standards, criteria or values and 10:1 for chronic standards, criteria or
				values if the discharge configuration indicates that the effluent readily and
				rapidly mixes with the receiving waters. If ready and rapid mixing is in doubt
				the Agency shall deny any default dilution or mixing allowance and require a
				mixing or dispersion study to determine the proper dilution allowance. If the
				discharger applies for more than the default dilution or mixing allowance, it
				must submit a mixing or dispersion study to justify its request. Whenever a
				mixing or dispersion study is available, it shall be used to determine dilution
				or mixing allowance in lieu of the default allowance.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart D - ASSESSMENT OF REASONABLE POTENTIAL TO EXCEED WATER QUALITY STANDARDS, CRITERIA, AND VALUES › Section 352.423 - Calculation of Preliminary Effluent Limitation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The PEL is calculated in a simple mass
				balance approach reflecting the dilution allowance established in Section
				352.422:
WQS
=
[(Qe)(PEL) + (Qd)(Cd)] / [Qe + Qd]
or
PEL
=
[WQS(Qe + Qd) - (Qd)(Cd)] / Qe
where:
WQS
=
applicable water quality standard, criteria or
							 value
Qe
=
effluent flowrate
Qd
=
allowable dilution flowrate
Cd
=
background pollutant concentration in dilution
							 water
b)
				The representative background concentration of pollutants to develop TMDLs and
				WLAs calculated in the absence of a TMDL shall be established as follows:
1) "Background" represents all pollutant
				loadings, specifically loadings that:
A) Flow
				from upstream waters into the specified watershed, water body, or water body
				segment for which a TMDL or WLA in the absence of a TMDL is being
				developed.
B) Enter the specified
				watershed, water body, or water body segment through atmospheric deposition,
				chemical reaction, or sediment release or resuspension.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart D - ASSESSMENT OF REASONABLE POTENTIAL TO EXCEED WATER QUALITY STANDARDS, CRITERIA, AND VALUES › Section 352.424 - Determination of Reasonable Potential

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the PEQ is less than or equal to the
				PEL, it will be concluded that there is no reasonable potential to exceed.
				Under such circumstances a permit limit for that contaminant will not be set
				unless otherwise justified under one or more provisions of Section
				352.430.
b) If the PEQ is greater than the PEL, and
				the PEQ was calculated using a data set of more than 10 values, a water quality
				based effluent limitation (WQBEL) will be included in the permit. If the PEQ
				was calculated using a data set of less than or equal to 10 values, and the
				alternative PEQ calculated under Section
				352.421(b)
				also exceeds the PEL, a WQBEL will be included in the permit.
c) If the PEQ was calculated using a data set
				of less than or equal to 10 values, and the PEQ is greater than the PEL but the
				alternative PEQ is less than the PEL, the Agency will either establish a WQBEL
				in the permit or incorporate a monitoring requirement and reopener clause to
				reassess potential to exceed within a specified time schedule, not to exceed
				one year. In determining which of these options to use in any individual
				application, the Agency shall consider the operational and economic impacts on
				the permittee and the effect, if any, deferral of a final decision would have
				on an ultimate compliance schedule if a permit limit were subsequently
				determined to be necessary.
d) The
				WQBEL will be set at the PEL, unless the PEL is appropriately modified to
				reflect credit for intake pollutants when the discharged water originates in
				the same water body to which it is being discharged. Consideration of intake
				credit will be limited to the provisions of Section
				352.425.
e) The reasonable potential analysis shall be
				completed separately for acute and chronic aquatic life effects. When WQBELs
				are based on acute impacts, the limit will be expressed as a daily maximum.
				When the WQBEL is based on chronic effects, the limit will be expressed as a
				monthly average. Human health and wildlife based WQBELs will be expressed as
				monthly averages. If circumstances warrant, the Agency shall consider
				alternatives to daily and monthly limits.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart D - ASSESSMENT OF REASONABLE POTENTIAL TO EXCEED WATER QUALITY STANDARDS, CRITERIA, AND VALUES › Section 352.425 - Intake Credits

Current through Register Vol. 48, No. 28, July 12, 2024
a) 35
				Ill. Adm. Code
				304.105
				provides that no effluent may cause or contribute to a violation of a water
				quality standard but Section
				304.103
				provides that it is not the intent of 35 Ill. Adm. Code 304 to clean up
				contamination caused by upstream sources or incidental traces of contaminants.
				If a discharge contains a toxic substance solely due to its presence in intake
				water from the same water body receiving the discharge, the Agency may
				determine there is no reasonable potential for that discharge to cause or
				contribute to an exceedance for that substance and therefore not establish a
				WQBEL in the permit. Agency application of such intake credits will be
				restricted to the following conditions:
1)
				100% of the water comprising the discharge is withdrawn from the same body of
				water that receives the discharge.
2) The permitee does not contribute any
				additional mass of the identified intake toxic substance to its
				discharge.
3) The permitee does not
				alter the identified intake pollutant chemically or physically in a manner that
				would cause adverse water quality impacts to occur that would not occur if the
				substance were left in the water body.
4) The discharge does not result in an
				increase above the intake concentration at any applicable point below the
				discharge outside a mixing zone unless such increase does not cause an
				excursion above the applicable water quality standard, criteria or
				value.
5) The timing and location
				of the discharge would not cause adverse impacts to occur that would not occur
				if the substance were left in the water body.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart D - ASSESSMENT OF REASONABLE POTENTIAL TO EXCEED WATER QUALITY STANDARDS, CRITERIA, AND VALUES › Section 352.440 - Special Provisions for Noncontact Cooling Water

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding the other provisions of this Part, the Agency
				  will not impose WQBELs for a discharge consisting solely of once through
				  noncontact cooling water withdrawn entirely from the same body of water
				  receiving the discharge, except in accordance with the following:
a) The Agency may require a WQBEL based on an
				acute aquatic criterion for a substance of acute whole effluent toxicity when
				information is available indicating that such a limit is necessary to protect
				aquatic life, unless the discharger is able to demonstrate that the presence of
				the substance or WET is due solely to its presence in the intake
				water.
b) If a substance is present
				at elevated levels in the noncontact cooling water wastestream due to improper
				operation or maintenance of the cooling system, and this substance is or may be
				discharged at a level that will cause or contribute to an excursion above a
				numeric standard, criterion or value for a toxic substance as determined under
				this Part, a WQBEL shall be established for that substance.
c) If the permitee uses or proposes to use
				additives in the noncontact cooling water, the additives shall be evaluated
				using the reasonable potential procedures of this Part to determine whether
				WQBELs are necessary for the wastestream.
d) If the noncontact cooling water is blended
				with other wastestreams prior to final discharge, the provisions of this
				Section are restricted to the noncontact cooling wastestream and any permit
				limitations on the other commingling wastestreams shall include internal
				monitoring points or other appropriate methods to assess compliance prior to
				blending.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart E - APPLICATION OF WHOLE EFFLUENT TOXICITY REQUIREMENTS › Section 352.500 - Procedures for Establishing Permit Limits and Special Provisions for the Potential to Exceed Determination

Current through Register Vol. 48, No. 28, July 12, 2024
35 Ill. Adm. Code
				  302.540
				  prohibits the presence of a substance or combination of substances that
				  produces an acute or chronic aquatic life toxic condition at any applicable
				  location within any water body of the Lake Michigan Basin. The "combination of
				  substances" terminology includes effluent discharges. Except as provided
				  through the mixing zone regulations of 35 Ill. Adm. Code
				  302.102
				  this toxicity standard applies at all points within the Lake Michigan Basin.
				  The Agency shall apply the aquatic life toxicity standard to whole effluents as
				  follows:
a) No effluent shall cause an
				exceedance of 0.3 acute toxicity unit (TU[a]) outside a Zone of Initial
				Dilution (ZID) issued pursuant to 35 Ill. Adm. Code
				302.102(e);
				except that no acute whole effluent toxicity permit limit shall be more
				restrictive than 1.0 TU[a] at the point of discharge.
b) No effluent shall cause an exceedance of
				1.0 chronic toxicity unit (TU[c]) in any waters of the Lake Michigan Basin
				except as provided in mixing zone provisions of 35 Ill. Adm. Code
				302.102
				and
				302.530.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart E - APPLICATION OF WHOLE EFFLUENT TOXICITY REQUIREMENTS › Section 352.520 - Whole Effluent Toxicity Data

Current through Register Vol. 48, No. 28, July 12, 2024
When assessing reasonable potential to exceed, WET data shall
				  be characterized consistent with the following:
a) When multiple acute toxicity values for
				individual species are available for a single day, those values shall be
				averaged to represent one daily value. The maximum of all representative daily
				values for the most sensitive species tested shall be used for determination of
				potential to exceed the acute toxicity standard.
b) When multiple chronic toxicity values for
				individual species are available for a single calendar month, those values
				shall be averaged to represent one monthly value. The maximum of all
				representative monthly values for the most sensitive species tested shall be
				used for determination of reasonable potential to exceed the chronic toxicity
				standard.
c) When there is
				insufficient WET data to adequately characterize the toxicity of the effluent
				to aquatic life, in lieu of a WET limit the Agency will include one or both of
				the following provisions in the permit:
1) WET
				testing requirements to generate sufficient data to adequately characterize the
				toxicity of the effluent;
2) A
				permit reopener clause which authorizes the Agency, based upon the results of
				the WET tests required under subsection (c)(1), to establish toxicity reduction
				evaluation requirements, or WET limits, or both, if necessary to meet the
				toxicity standard, and a compliance schedule if appropriate.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart E - APPLICATION OF WHOLE EFFLUENT TOXICITY REQUIREMENTS › Section 352.530 - Estimation of Projected Effluent Quality (PEQ)

Current through Register Vol. 48, No. 28, July 12, 2024
A minimum of five representative toxicity tests is necessary
				  to calculate a PEQ. If less than five test results are available and there is
				  evidence that effluent toxicity may exist, additional toxicity testing shall be
				  required consistent with Section
				  352.520(c).
				  Whenever sufficient data exists, the PEQ is estimated to be the maximum
				  representative value determined from Section
				  352.520(a)
				  and (b), expressed in terms of acute and
				  chronic toxicity units (TU[a] & TU[c]) increased by a multiplying factor
				  from the table in Section
				  352.421.
				  If more than 10 facility specific data values are available, and the PEQ is
				  more than either 1.0 TU[a] or 1.0 TU[c], the Agency will proceed to
				  consideration of dilution and mixing under Section
				  352.540
				  for the relevant effect (acute, chronic, or both). If less than 10 facility
				  specific data values are available, and the PEQ is more than either 1.0 TU[a]
				  or 1.0 TU[c], the Agency will follow the process set forth in Section
				  352.421(b)
				  to determine whether to proceed to Section 352.540. If the PEQ is less than or
				  equal to 1.0 TU[a] or less than or equal to 1.0 TU[c], no WET limit will be
				  established in the permit for the relevant standard.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart E - APPLICATION OF WHOLE EFFLUENT TOXICITY REQUIREMENTS › Section 352.540 - Calculation of Preliminary Effluent Limitation (PEL)

Current through Register Vol. 48, No. 28, July 12, 2024
If the PEQ is more than either 1.0 TU[a] or 1.0 TU[c], or as
				  otherwise provided in Section
				  352.530,
				  the Agency will determine eligibility for a dilution allowance consistent with
				  Section
				  352.422. The
				  preliminary effluent limitation (PEL) expressed in terms of acute and chronic
				  toxicity units (TU[a] and TU[c]) shall be calculated pursuant to Section
				  352.423.
				  Unless there is data indicating otherwise, the pollutant concentration in the
				  background water (Cd) will be assumed to be zero.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart E - APPLICATION OF WHOLE EFFLUENT TOXICITY REQUIREMENTS › Section 352.550 - Establishing Whole Effluent Toxicity Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the PEQ derived from Section
				352.530
				is less than or equal to the PEL calculated in Section
				352.540,
				it will be concluded that there is no reasonable potential to exceed. Under
				such circumstances a permit limit will not be set unless otherwise justified
				under one or more provisions of Section
				352.430.
b) If the PEQ is greater than the PEL, and
				more than 10 facility specific data values were used in deriving the PEQ,
				either a whole effluent toxicity limit will be incorporated into the permit or
				the causative toxic substances will be limited consistent with Subpart D of
				this Part.
c) If 10 or fewer data
				values were used in deriving the PEQ, the Agency will calculate an alternative
				PEQ, using the method specified in Section
				352.421(b).
				If the alternative PEQ is greater than the PEL, appropriate limits will be
				incorporated into the permit, as in the situation where more than 10 data
				values are available. If the alternative PEQ is less than or equal to the PEL,
				the Agency will either establish appropriate limits in the permit or
				incorporate a monitoring requirement and reopener clause to reassess the
				potential to exceed within a specified time schedule, not to exceed one year.
				In determining which of these options to use in any individual application, the
				Agency shall consider the operational and economic impacts on the permittee and
				the effect, if any, deferral of a final decision would have on an ultimate
				compliance schedule if a permit limit were subsequently determined to be
				necessary.
d) It is the preference
				of the Agency to limit the individual toxic substances producing the toxicity
				whenever they can be identified. Therefore whole effluent toxicity limits will
				not be imposed whenever the toxicity can be resolved by regulating individual
				substances. If, however, a WET limit is necessary, the limit will be set at the
				PEL calculated pursuant to Section 352.540. If compliance cannot be achieved
				upon permit issuance, the permit may also include requirements for a toxicity
				reduction evaluation program, interim discharge limits and a compliance
				schedule.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart F - MASS LOADING LIMITS › Section 352.600 - Mass Loading Limits

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever a water quality based effluent limitation (WQBEL) is
				  established in a permit, the WQBEL shall be expressed as both a concentration
				  value and a corresponding mass loading rate.
a) Both mass and concentration limits shall
				be based on the same permit averaging periods such as daily or monthly
				averages, or in other appropriate permit averaging periods.
b) The mass based WQBEL shall be calculated
				using effluent flow rates that are the same as those used in establishing the
				concentration-based WQBEL.
c) Mass
				load limits are not required for parameters which cannot be appropriately
				expressed in terms of mass as listed below:
pH
temperature
radiation
bacteria
dissolved oxygen
d) Discharges that are subject to substantial
				flow variation such as wet weather flows or varied production schedules may
				have mass limits established in a tiered fashion coinciding with different flow
				regimes. Typically two tiered mass limits will be established. One set shall be
				based on dry-weather effluent flowrate and the appropriate stream design flow.
				The second mass limit shall be based on effluent and stream flowrates
				representative of wet weather conditions.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart G - EFFLUENT LIMITS BELOW THE LEVEL OF QUANTIFICATION › Section 352.700 - Water Quality Based Effluent Limits Below Detection or Quantification

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a WQBEL for
				a toxic substance is calculated to be less than the quantification level, the
				permit shall include a discharge limit, method and quantification level
				consistent with the following:
1) The permit
				shall include the WQBEL as calculated.
2) The permit shall specify the most
				sensitive applicable analytical method adopted by the Board and contained in or
				approved under 40 CFR 136, or other appropriate method adopted by the Board if
				one is not available under 40 CFR 136. The analytical method adopted by the
				Board and specified in the permit shall be the method used for compliance
				assessment including enforcement actions.
3) The permit shall also identify the
				quantification level that can be achieved with the method specified pursuant to
				subsection (a)(2). That quantification level shall be the minimum level (ML)
				specified in or approved under 40 CFR 136 for the selected method for the toxic
				substance. If no such ML exists, or if the method is not specified or approved
				under 40 CFR 136, the quantification level shall be the lowest quantifiable
				level practicable. In determining the practicability of a method, the Agency
				shall consider achievability of the identified detection level by competent
				commercial laboratories.
4) A
				higher quantification level may be established if demonstrated to be
				appropriate due to effluent-specific matrix interference. The Agency may
				consider alternative methods adopted by the Board for deriving quantification
				levels if those methods are demonstrated to be scientifically
				defensible.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 352 - PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN › Subpart I - ANTIDEGRADATION PROVISIONS FOR BIOACCUMULATIVE CHEMICALS OF CONCERN › Section 352.900 - Antidegradation Provisions for Bioaccumulative Chemicals of Concern (BCCs)

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever a new or increased loading of any BCC is proposed
				  from an existing or new facility or activity, either point or nonpoint source,
				  that is subject to NPDES permitting, Clean Water Act Section 401 water quality
				  certification, or Lake Michigan dredge and fill permits under Section 39(n) of
				  the Illinois Environmental Protection Act [415 ILCS
				  5/39(n) ], the Agency shall require
				  an antidegradation demonstration.
a)
				Exceptions
1) Changes in loading of a BCC
				within the existing capacity and processes that are covered by the existing
				permit including but not limited to:
A)
				Normal operational variability including but not limited to intermittent
				increased discharges due to wet weather conditions;
B) Changes in intake water pollutants not
				caused by the discharger;
C)
				Increasing the production hours of the facility;
D) Increasing the rate of
				production.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 355 - DETERMINATION OF AMMONIA NITROGEN WATER QUALITY BASED EFFLUENT LIMITS FOR DISCHARGES TO GENERAL USE WATERS › Subpart A - INTRODUCTION › Section 355.101 - Purpose, Scope and Application

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Part contains procedures to determine water quality based effluent limits
				for ammonia nitrogen (as N) (ammonia nitrogen WQBELs) that are necessary to
				prevent waters of the State from exceeding water quality standards pursuant to
				40
				CFR 122.44(d)(1) and 35 Ill.
				Adm. Code
				309.141(d)(3).
				Ammonia nitrogen WQBELs must be sufficient to ensure compliance with the water
				quality standards for ammonia nitrogen found in the Illinois Pollution Control
				Board (IPCB) regulations at 35 Ill. Adm. Code
				302.202,
				302.212
				and
				304.122.
b) Ammonia nitrogen WQBELs are applicable to
				the general use waters of the State.
c) There shall be an opportunity for
				compliance with the ammonia nitrogen water quality standards as provided by the
				IPCB regulations through application of allowed mixing, mixing zones and zones
				of initial dilution at 35 Ill. Adm. Code
				302.102.
d) In addition to water quality based
				effluent limits, the discharge of ammonia nitrogen from a facility may be
				limited based on other provisions in the Environmental Protection Act [415 ILCS
				5 ] (Act) and regulations adopted thereunder or the Federal Water Pollution
				Control Act,
				33 USC
				1251 -
				1387(FWPCA)
				and regulations adopted thereunder.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 355 - DETERMINATION OF AMMONIA NITROGEN WATER QUALITY BASED EFFLUENT LIMITS FOR DISCHARGES TO GENERAL USE WATERS › Subpart A - INTRODUCTION › Section 355.103 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
All terms in this Part shall have the meanings set forth in
				  the Environmental Protection Act and in the IPCB regulations under 35 Ill. Adm.
				  Code 301 and 302 except, for purposes of this Part, the following definitions
				  apply:
"AWQMN" or "Ambient Water Quality Monitoring Network" means
				  the network of sampling stations maintained by the Agency and located on
				  streams throughout the State.
"Agency" means the Illinois Environmental Protection
				  Agency.
"DMR" means discharge monitoring report.
"IPCB" means the Illinois Pollution Control Board.
"Kjeldahl" means the total of organic nitrogen and ammonia
				  nitrogen.
"NPDES" means National Pollutant Discharge Elimination
				  System.
"PEL" or "Preliminary Effluent Limitation" is an estimate of
				  an allowable discharge concentration taking into consideration allowed mixing
				  or dilution.
"PEQ" or "Projected Effluent Quality" is the maximum
				  contaminant concentration estimated to be discharged by a facility or activity
				  taking into account statistical analysis of the discharge or activity.
"Reasonable Potential Analysis" or "Reasonable Potential to
				  Exceed" means the procedure to predict whether an existing or future discharge
				  may cause or contribute to a violation of water quality standards, criteria or
				  values.
"Summer" means the months of March through October,
				  inclusive, when early life stages of sensitive organisms are assumed to be
				  present. If early life stages of sensitive organisms are present in a water
				  body during other months, these months are included as summer months.
"USEPA" means the United States Environmental Protection
				  Agency.
"USGS" means the United States Geological Survey.
"WQBEL" or "Water Quality Based Effluent Limit" means an
				  NPDES permit limit that ensures that applicable water quality standards and
				  criteria are met in waters where such standards and criteria apply.
"Winter" means the months of November through February,
				  inclusive, when early life stages of sensitive organisms are assumed to be
				  absent. If early life stages of organisms for a water body exist in any of
				  these months, these months will be considered summer months.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 355 - DETERMINATION OF AMMONIA NITROGEN WATER QUALITY BASED EFFLUENT LIMITS FOR DISCHARGES TO GENERAL USE WATERS › Subpart B - AMMONIA NITROGEN (as N) WATER QUALITY STANDARDS AND WQBELs › Section 355.201 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
The need for an ammonia nitrogen (as N) WQBEL is based on the
				  reasonable potential of a discharge to cause or contribute to a violation of
				  the applicable ammonia nitrogen water quality standard. During the NPDES permit
				  review process, the Agency shall conduct an analysis of the reasonable
				  potential for ammonia to exceed or contribute to excursions above the ammonia
				  nitrogen water quality standard that may occur in the receiving water. This
				  analysis shall be conducted for both acute and chronic water quality standards
				  for periods when early life stages are absent (winter, see 35 Ill. Adm. Code
				  302.212(b)(2)(B)
				   ) and periods when early life stages are
				  present (summer, see 35 Ill. Adm. Code
				  302.212(b)(2)(A)
				   ). The Agency may conduct this analysis for
				  the subchronic standard when daily effluent ammonia samples are collected. The
				  Agency may subdivide summer or winter periods into quarterly or monthly
				  segments with analysis of reasonable potential corresponding to those smaller
				  time segments in individual permit applications.
a) The first step in the reasonable potential
				analysis is to calculate the Projected Effluent Quality (PEQ), as provided in
				Section
				355.205.
				The PEQ is then compared to the total ammonia nitrogen water quality standard
				as provided in Section
				355.203.
				If the PEQ is less than or equal to the total ammonia nitrogen water quality
				standard as provided in Section 355.203, then no reasonable potential to exceed
				the standard exists and no effluent limitation will be established in the
				permit unless otherwise warranted under subsection (c) of this
				Section.
b) If the PEQ exceeds the
				applicable total ammonia nitrogen water quality standard as provided in Section
				355.203, the analysis shall proceed to the determination of a mixing allowance
				as provided in Section
				355.207.
c) If the wastewater prior to treatment
				contains total Kjeldahl nitrogen at levels in which a reasonable potential to
				exceed total ammonia nitrogen water quality standards as provided in Section
				355.203
				exists, then the discharge of ammonia nitrogen shall be limited in the NPDES
				permit by an ammonia nitrogen WQBEL. Reasonable potential to exceed water
				quality standards will be determined consistent with Sections
				355.203
				through
				355.211
				of this Part. Even if there appears to be no potential to exceed the water
				quality standards based on the effluent quality analysis in subsection (a) or
				(b), an ammonia nitrogen WQBEL shall be established.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 355 - DETERMINATION OF AMMONIA NITROGEN WATER QUALITY BASED EFFLUENT LIMITS FOR DISCHARGES TO GENERAL USE WATERS › Subpart B - AMMONIA NITROGEN (as N) WATER QUALITY STANDARDS AND WQBELs › Section 355.203 - Calculation of Total Ammonia Nitrogen Numeric Water Quality Standards Regarding NPDES Permit Limits

Current through Register Vol. 48, No. 28, July 12, 2024
Temperature and pH affect the numeric total ammonia nitrogen
				  water quality standard. Both stream temperature and pH can be expected to be
				  different than discharge temperature and pH; therefore, the calculation of the
				  water quality standard and permit limits will be based on conditions expected
				  to exist downstream of the discharge.
a) Where receiving stream specific data is
				available, that data shall be the basis for the selection of temperature and pH
				values to be used in calculating total ammonia nitrogen standards upon which an
				NPDES permit limit will be based. A data collection station downstream of the
				discharge at or beyond the point where complete mixing has occurred is
				preferred. When receiving stream specific data is not available, data from the
				closest representative Agency water quality monitoring station during the most
				recent five years will be used in this conversion formula. The temperature will
				be set at the 75th percentile (75 percent of the
				values are less than) from data collected during the period for which the water
				quality standard is being calculated. The pH value will be set at the
				75th percentile (75 percent of the values are less
				than) from data collected during the period for which the water quality
				standard is being calculated. If the 75th percentile
				pH value results in a permit limit for chronic exposure conditions (monthly
				average ammonia permit limit) less than 1.5 mg/L for the summer period or 4.0
				mg/L for the winter period, the values will be recalculated based on a
				50th percentile pH value (half the values are less
				than). The permit limit will then be set at the value derived with a
				50th percentile pH as long as that value does not
				exceed 1.5 mg/L for the summer period and 4.0 mg/L for the winter period. If a
				50th percentile pH value would allow a higher summer
				limit than 1.5 mg/L, the limit will be set at 1.5 mg/L. If a
				50th percentile pH would allow a higher winter limit
				than 4.0 mg/L, the winter limit would be set at 4.0 mg/L. Limits based in the
				subchronic ammonia standard will be 2.5 times the chronic limit established by
				the above procedure.
1) Unless a different
				configuration is found by the Agency to be appropriate two permit limits for
				summer will be calculated separately using pH and temperature data from the
				following periods:
A) March, April, May,
				September and October.
B) June,
				July and August.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 355 - DETERMINATION OF AMMONIA NITROGEN WATER QUALITY BASED EFFLUENT LIMITS FOR DISCHARGES TO GENERAL USE WATERS › Subpart B - AMMONIA NITROGEN (as N) WATER QUALITY STANDARDS AND WQBELs › Section 355.207 - Mixing Allowance

Current through Register Vol. 48, No. 28, July 12, 2024
If the PEQ for ammonia nitrogen (as N) is greater than the
				  water quality standard, the Agency shall assess the level of treatment being
				  provided by the discharger. If the discharger is providing (or will be
				  providing) a level of treatment consistent with the best degree of treatment
				  required by 35 Ill. Adm. Code
				  304.102(a),
				  the PEQ derived under Section
				  355.205
				  shall be compared to the PEL determined by applying allowed dilution to the
				  discharge consistent with Section
				  355.209.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 355 - DETERMINATION OF AMMONIA NITROGEN WATER QUALITY BASED EFFLUENT LIMITS FOR DISCHARGES TO GENERAL USE WATERS › Subpart B - AMMONIA NITROGEN (as N) WATER QUALITY STANDARDS AND WQBELs › Section 355.209 - Calculation of Preliminary Effluent Limitation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The preliminary effluent limitation (PEL)
				is calculated in a mass balance approach reflecting allowed dilution as
				referenced in Section
				355.207:
WQS = [(Qe)(PEL) +
				  (Qd)(Cd)]/(Qe
				  + Qd)
or
PEL = [WQS(Qe +
				  Qd) -
				  (Qd)(Cd)]/Qe
where:
WQS
=
applicable total ammonia nitrogen water quality
							 standard pursuant to Section
							 355.203
Qe
=
effluent flow rate
Qd
=
allowed mixing flow rate as determined in accordance
							 with the provisions of 35 Ill. Adm. Code
							 302.212(c)
Cd
=
background ammonia nitrogen (as N) concentration in
							 mixing water
Effluent flow rate shall be selected to coincide with the
				  critical stream flow condition used to quantify allowed dilution. Typically
				  this will be estimated to be the average of the lowest three months average
				  flow rate during the previous year for domestic wastewater sources. For
				  industrial and other wastewater sources where flow rates are not directly
				  correlated to climatic patterns, Qe will be estimated as
				  the average of the highest three monthly average flow rates. With either
				  approach, Qe shall be modified when future flows are
				  expected to vary significantly from historical data.
b) The reasonable potential analysis shall be
				completed separately for the winter and summer periods and for acute, chronic
				and subchronic water quality standards. The Agency may subdivide summer or
				winter periods into quarterly or monthly segments with analysis of reasonable
				potential corresponding to those smaller time segments in individual permit
				applications. WQBELs based on the acute water quality standard shall be
				expressed as a daily maximum. WQBELs based on the chronic water quality
				standard shall be expressed as a monthly average. WQBELs based on the
				subchronic WQS shall be expressed as a weekly average.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 355 - DETERMINATION OF AMMONIA NITROGEN WATER QUALITY BASED EFFLUENT LIMITS FOR DISCHARGES TO GENERAL USE WATERS › Subpart B - AMMONIA NITROGEN (as N) WATER QUALITY STANDARDS AND WQBELs › Section 355.211 - Summary of the Results for a Reasonable Potential Analysis and the Determination of Ammonia Nitrogen WQBELs

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				If the PEQ determined in Section
				355.205
				is less than or equal to the applicable water quality standard, there is no
				reasonable potential and no WQBEL will be established in the permit unless
				otherwise warranted under Section
				355.201(c).
b) If the PEQ exceeds the applicable water
				quality standard but does not exceed the PEL determined through Section
				355.209,
				there is no reasonable potential and no WQBEL shall be established unless
				otherwise warranted under Section
				355.201(c).
c) If the PEQ exceeds the PEL determined
				through Section 355.209, there is reasonable potential to exceed the standard
				and the PEL shall be established as the WQBEL.
d) If a WQBEL is warranted under Section
				355.201(c),
				the WQBEL shall be set at the PEL as determined through Section
				355.209.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 355 - DETERMINATION OF AMMONIA NITROGEN WATER QUALITY BASED EFFLUENT LIMITS FOR DISCHARGES TO GENERAL USE WATERS › Subpart C - EFFLUENT MODIFIED WATERS › Section 355.303 - EMW Application Requirements (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 355 - DETERMINATION OF AMMONIA NITROGEN WATER QUALITY BASED EFFLUENT LIMITS FOR DISCHARGES TO GENERAL USE WATERS › Subpart C - EFFLUENT MODIFIED WATERS › Section 355.305 - Evaluation of EMW Applications (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 355 - DETERMINATION OF AMMONIA NITROGEN WATER QUALITY BASED EFFLUENT LIMITS FOR DISCHARGES TO GENERAL USE WATERS › Subpart C - EFFLUENT MODIFIED WATERS › Section 355.307 - Determination of EMW Designation (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 355 - DETERMINATION OF AMMONIA NITROGEN WATER QUALITY BASED EFFLUENT LIMITS FOR DISCHARGES TO GENERAL USE WATERS › Subpart C - EFFLUENT MODIFIED WATERS › Section 355.309 - Procedures for Delineating an EMW (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 355 - DETERMINATION OF AMMONIA NITROGEN WATER QUALITY BASED EFFLUENT LIMITS FOR DISCHARGES TO GENERAL USE WATERS › Subpart C - EFFLUENT MODIFIED WATERS › Section 355.311 - Ammonia Nitrogen Decay Equation (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024