Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 307 - SEWER DISCHARGE CRITERIA › Subpart X - STEAM ELECTRIC POWER GENERATING › Section 307.3301 - Steam Electric Power Generating

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applicability. This Section applies to discharges resulting from the operation
				of a generating unit by an establishment whose generation of electricity is the
				predominant source of revenue or principal reason for operation, and whose
				generation of electricity results primarily from a process using fossil-type
				fuel (coal, oil, or gas), fuel derived from fossil fuel (e.g., petroleum coke,
				synthesis gas), or nuclear fuel in conjunction with a thermal cycle employing
				the steam water system as the thermodynamic medium. This Section applies to
				discharges associated with both the combustion turbine and steam turbine
				portions of a combined cycle generating unit.
b) Specialized Definitions. The Board
				incorporates by reference  40 CFR 423.11  (2020), as amended at 85 Fed. Reg.
				64650 (Oct. 13, 2020). This incorporation includes no later amendments or
				editions.
c) Existing Sources
1) The Board incorporates by reference  40 CFR 423.13(g)(3)(i) and  423.16  (2020), as amended at 85 Fed. Reg. 64650 (Oct. 13,
				2020);  40 CFR 423.13(k)(3) and (o), 423.18, and 423.19, as added at 85 Fed.
				Reg. 64650 (Oct. 13, 2020);  40 CFR 423.19(f)(1)  as amended at 88 Fed. Reg.
				18440 (March 29, 2023); and appendix A to  40 CFR 423  (2020). These
				incorporations include no later amendments or editions.
A) Flue Gas Desulfurization (FGD) Wastewater
				Discharges by Electric Generating Units (EGUs) Seeking Voluntary Incentives
				Participation (VIP). The owner or operator of an EGU opting into VIP may seek
				to operate under alternative standards for discharges of FGD wastewater, as
				defined in  40 CFR 423.11(n), incorporated by reference in subsection (b), as
				provided in  40 CFR 423.13(g)(3)(i)  after fulfilling the certification
				requirements in  40 CFR 423.19(a), (b), and (h).
BOARD NOTE: This subsection (c)(1)(A) derives from  40 CFR 423.13(g)(3)(i) and  423.19(h). USEPA calls VIP "Voluntary Incentives Program,"
				  and the Board evokes enough of that name as is evocative but stops short of
				  using the same name. USEPA stated that its Voluntary Incentives Program applies
				  only to direct discharges and is not finalized as to indirect discharges. 85
				  Fed. Reg. 64650, 64660, 64675 (Oct. 13, 2020). USEPA's rules, however,
				  expressly contemplate applying its elements to indirect discharges. See  40 CFR 423.19(h)(3).
B) Flue Gas
				Desulfurization (FGD) Wastewater Discharges by EGUs Initiating Cessation of
				Coal Burning. The owner or operator of an EGU that will undergo permanent
				cessation of coal combustion, as defined in  40 CFR 423.11(w), incorporated by
				reference in subsection (b), may seek to operate under alternative standards
				for discharges of FGD wastewater, as defined in  40 CFR 423.11(n), incorporated
				by reference in subsection (b), as provided in  40 CFR 423.16(e)(1)  after
				fulfilling the certification requirements in  40 CFR 423.19(a), (b), and (f).
BOARD NOTE: This subsection (c)(1)(B) derives from  40 CFR 423.16(e)(1) and  423.19(f).
C) Notice of Material Delay. An EGU that will
				undergo permanent cessation of coal combustion or one that opted into VIP under
				alternative standards under subsection (c)(1)(A) operating under alternative
				standards under subsection (c)(1)(B) must submit a notice of significant delay
				as required by  40 CFR 423.19(j).
BOARD NOTE: This subsection (c)(1)(C) derives from  40 CFR 423.19(j).
D) FGD
				Wastewater Discharges by Low Utilization EGUs (LUEGUs). The owner or operator
				of an EGU that qualifies as a LUEGU, as defined in  40 CFR 423.11(z),
				incorporated by reference in subsection (b), may seek to operate under the
				alternative standards for discharges of FGD wastewater, as defined in  40 CFR 423.11(n), incorporated by reference in subsection (b), provided in  40 CFR 423.16(e)(2)  after fulfilling the certification requirements in  40 CFR 423.19(a), (b), and (e).
BOARD NOTE: This subsection (c)(1)(D) derives from  40 CFR 423.16(e)(2) and  423.19(e).
E) Bottom Ash (BA) Transport Water
				Discharges. Discharge of BA transport water, as defined in  40 CFR 423.11(p),
				incorporated by reference in subsection (b), is prohibited and only allowed as
				provided in  40 CFR 423.16(g)  after complying with the best management practices
				requirements of  40 CFR 423.13(k)(3)  and fulfilling the certification
				requirements in  40 CFR 423.19(a) through (d).
BOARD NOTE: This subsection (c)(1)(E) derives from  40 CFR 423.13(k)(3), 423.16(g), and 423.19(c) and (d).
F) EGUs Seeking to Transfer Between
				Applicable Discharge Limitations. Subject to the limitations in subsection
				(c)(1)(G), the owner or operator of an EGU may seek to transfer applicable
				discharge standards, as provided in  40 CFR 423.13(o), after fulfilling the
				certification requirements in  40 CFR 423.19(a), (b), and (i). The permissible
				transfers are the following:
i) Before
				December 31, 2023, from limitations applicable to an EGU initiating cessation
				of coal combustion under subsection (c)(1)(B) to those applicable to a LUEGU
				under subsection (c)(1)(D);
ii)
				Before December 31, 2023, from VIP limitations under subsection (c)(1)(A) to
				those applicable to a LUEGU under subsection (c)(1)(D);
iii) Before December 31, 2025, from VIP
				limitations under subsection (c)(1)(A) to those applicable to an EGU initiating
				cessation of coal combustion under subsection (c)(1)(D);
iv) Before December 31, 2025, from
				limitations applicable to an EGU initiating cessation of coal combustion under
				subsection (c)(1)(B) to VIP limitations under subsection (c)(1)(A);
v) Before December 31, 2025, from limitations
				applicable to a LUEGU under subsection (c)(1)(D) to generally applicable
				limitations for discharges of FGD wastewater and BA transport water under  40 CFR 423.16;
vi) Before December 31,
				2025, from limitations applicable to a LUEGU under subsection (c)(1)(D) to VIP
				limitations under subsection (c)(1)(A); and
vii) Before December 31, 2025, from
				limitations applicable to a LUEGU under subsection (c)(1)(D) to those
				applicable to an EGU initiating cessation of coal combustion under subsection
				(c)(1)(B).
BOARD NOTE: This subsection (c)(1)(F) derives from  40 CFR 423.13(o) and  423.19(i). USEPA calls VIP "Voluntary Incentives Program," and
				  the Board evokes enough of that name as is evocative but stops short of using
				  the same name. USEPA stated that its Voluntary Incentives Program applies only
				  to direct discharges and is not finalized as to indirect discharges. 85 Fed.
				  Reg. 64650, 64708 n. 166 (Oct. 13, 2020). USEPA's rules, however, expressly
				  contemplate applying its elements to indirect discharges. See  40 CFR 423.19(i)(1).
G)
				Conditions for Transfer Between Applicable Discharge Limitations. Conditions
				apply to transfer between applicable discharge limitations:
i) An EGU must comply with all currently
				applicable requirements before filing a notice under  40 CFR 423.19(i)  seeking
				transfer to other applicable discharge limitations, as provided in  40 CFR 423.13(o)(2); and
ii) An EGU
				seeking a transfer described in subsections (c)(1)(F)(iii) through
				(c)(1)(F)(vii) must comply with more stringent limitations that already apply,
				instead of the less stringent limitations sought.
BOARD NOTE: This subsection (c)(1)(G) derives from  40 CFR 423.13(o)(2) and (o)(3).
H) An EGU that would otherwise qualify as a
				LUEGU or as ceasing combustion of coal before December 31, 2028 will continue
				to qualify if the conditions in  40 CFR 423.18  are true and after the owner or
				operator fulfills the certification requirements in  40 CFR 423.19(a), (b), and (g).
BOARD NOTE: This subsection (c)(1)(H) derives from  40 CFR 423.16(e)(1) and (e)(2), 423.18, and 423.19(g). The requirements of  40 CFR 423.18  directly apply to conditions in NPDES permits. The certification
				  requirement of  40 CFR 423.19(g)  allows the discharge standards for the LUEGU or
				  EGU ceasing coal combustion subcategory continue to continue to apply to
				  indirect dischargers under the same circumstances and conditions.