Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 104 - REGULATORY RELIEF MECHANISMS › Subpart E - TIME-LIMITED WATER QUALITY STANDARDS (TLWQS) › Section 104.565 - Opinion and Order

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
				the Board adopts a TLWQS, the Board will maintain, in its water quality
				standards, the underlying designated use and criterion addressed by the TLWQS,
				unless the Board adopts and USEPA approves a revision to the underlying
				designated use and criterion consistent with
				40 CFR 131.10
				and 131.11.
b) A TLWQS will not be adopted if the
				designated use and criterion addressed by the TLWQS can be achieved by
				implementing technology based effluent limits required under sections 301(b)
				and 306 of the Clean Water Act and 35 Ill. Adm. Code 304.
c) The Board will not adopt a TLWQS if the
				petitioner fails to make its demonstration as set forth in Section
				104.560.
d) All orders adopting a
				TLWQS will include:
1) Identification of the
				pollutant or water quality parameter;
2) Applicability
A) Watershed, Water Body, Waterbody Segment
				and Multiple Discharger
i) Identification of
				the watershed, water body, or waterbody segment to which the TLWQS
				applies;
ii) Eligibility criteria
				that may be used by new or existing dischargers or classes of dischargers to
				obtain coverage under the TLWQS during its duration; and
iii) The list of persons covered under the
				TLWQS at the time of the Board's adoption.
B) Single Discharger
i) Identification of the water body or
				waterbody segment to which the TLWQS applies; and
ii) The person covered under the
				TLWQS.
3) The
				TLWQS requirements and conditions that apply throughout the term of the TLWQS:
A) Will represent the highest attainable
				condition of the watershed, water body, or waterbody segment applicable
				throughout the term of the TLWQS based on petitioner's demonstration required
				by Section 104.560; and
B) Will not
				result in any lowering of the currently attained ambient water quality, unless
				the petitioner demonstrates that a TLWQS is necessary for restoration
				activities under Section 104.560(a)(7).
4) The highest attainable condition of the
				water body or waterbody segment as a quantifiable expression of one of the
				following:
A) For a single discharger and a
				multiple discharger TLWQS:
i) The highest
				attainable interim criterion;
ii)
				The interim effluent condition that reflects the greatest pollutant reduction
				achievable; or
iii) If no
				additional feasible pollutant control technology can be identified, the interim
				criterion or interim effluent condition that reflects the greatest pollutant
				reduction achievable with the pollutant control technologies installed at the
				time the Board adopts the TLWQS and with the adoption and implementation of a
				Pollutant Minimization Program.
B) For a TLWQS applicable to a watershed,
				water body, or waterbody segment:
i) The
				highest attainable interim use and interim criterion; or
ii) If no additional feasible pollutant
				control technology can be identified, the interim use and interim criterion
				that reflect the greatest pollutant reduction achievable with the pollutant
				control technologies installed at the time the Board adopts the TLWQS and with
				the adoption and implementation of a Pollutant Minimization Program.
5) A statement
				providing that the requirements of the TLWQS are either the highest attainable
				condition identified at the time of the adoption of the TLWQS, or the highest
				attainable condition later identified during any re-evaluation consistent with
				Section 104.580, whichever is more stringent.
6) The term of the TLWQS, expressed as an
				interval of time from the date of USEPA approval or a specific date.
7) For a TLWQS with a term greater than five
				years, a specified frequency to re-evaluate the highest attainable condition
				under Section 104.580. The re-evaluation must occur no less frequently than
				every five years after both the Board and USEPA approve the TLWQS.
8) A provision that the TLWQS will no longer
				be the applicable water quality standard for purposes of the Clean Water Act if
				the petitioner does not conduct a re-evaluation consistent with the frequency
				specified in the TLWQS or the results are not submitted to USEPA as required by
				Section 104.580.