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 B - DISCHARGES TO WATERS NOT CURRENTLY MEETING WATER QUALITY STANDARDS, CRITERIA, OR VALUES › Section 352.200 - Procedures for Establishing Permit Limitations for Discharges to Waters Not Currently Meeting Water Quality Standards, Criteria, or Values

Current through Register Vol. 48, No. 28, July 12, 2024
Discharges tributary to any water body segment within the
				  Lake Michigan Basin that contains a parameter that is known to exceed the
				  ambient water quality standards and resulting in that water body being
				  identified and listed on the Agency's list of impaired waters required by
				  Section 303(d) of the Clean Water Act (
				  33 U.S.C.
				  1313(d) ) and
				  40
				  CFR 130.7(b)(6) shall have
				  limitations and conditions established by the Agency as follows:
a) All specific provisions and limitations
				contained within the most recent adopted and USEPA approved Lake Michigan
				Lakewide Management Plan (LaMP) that apply to any discharge covered by the
				permit shall be considered for incorporation into the permit consistent with
				subsection (e) below.
b) All
				requirements of a Remedial Action Plan (RAP) for an Area of Concern (AOC)
				applicable to the subject discharge shall be considered for incorporation into
				the permit consistent with subsection (e) below.
c) Discharge limitations established through
				an approved Response Action pursuant to the Comprehensive Environmental
				Response, Compensation and Liability Act (CERCLA), as amended, shall be
				considered for incorporation into the permit consistent with subsection (e)
				below.
d) Total Maximum Daily Loads
				(TMDLs) and Waste Load Allocations (WLA) will be established through either the
				LaMP or a RAP for an Area of Concern. If a LaMP or RAP has not been completed
				and adopted, effluent limits shall be established consistent with the other
				provisions of this Part, including but not limited to Additivity, Intake
				Pollutants, Loading Limits, Level of Detection/Level of Quantification and
				Compliance Schedules. When calculation of TMDLs or a Waste Load Allocation is
				incomplete and it is expected that limits established though other provisions
				will be superseded upon completion of the TMDL or Waste Load Allocation
				process, said limits shall be identified as interim and the permit shall
				include a reopener clause triggered by completion of TMDL or WLA determination.
				Any new limits brought about through exercise of the reopener clause shall be
				eligible for delayed compliance dates and compliance schedules consistent with
				Subpart H of this Part.
e) Any
				provisions or limitations referred to in subsection (a), (b), (c), or (d) will
				be subject to public participation procedures under State and federal law for
				TMDLs, certified by the Agency as meeting the requirements of sections B
				through F of Procedure 3 of Appendix F to 40 CFR 132, and approved by USEPA
				before being incorporated into the permit. Appeal or judicial review procedures
				will be the same as with any other permit terms.