Illinois Administrative Code

Section 352.101 Scope The regulations in this Part 352 contain the procedures used by the Illinois Environmental Protection Agency to determine effluent limits and other conditions in NPDES permits. These regulations are cumulative with conditions, effluent limitations and other …

Section 352.102 Applicability The regulations in this Part 352 apply only to dischargers to the Lake Michigan Basin, as that term is defined at 35 Ill. Adm. Code 303.443. These regulations do not apply to a Wet Weather Point Source as that term is defined at 35 Ill. Adm. Code 352…

Section 352.103 Purpose The purpose of this Part 352 is to establish implementation procedures that are consistent with (as protective as) Appendix E and Procedures 3, 4, 5, 6, 7, 8, and 9 of Appendix F to 40 CFR 132 (1996).

Section 352.104 Definitions Terms used in this Part have the meanings specified in 35 Ill. Adm. Code 301.200 through 301.444 and 302.501. The following terms have the meanings specified: "Agency" means the Illinois Environmental Protection Agency. "Area of Concern" or "AOC" is an…

Section 352.105 Incorporations by Reference a) The Agency incorporates the following publications by reference. Available from the Superintendent of Documents, U.S. Government Printing Office, Washington D.C. 20402. (202)783-3238: 40 CFR 122.26(b)(8) (1996) 40 CFR 122.26(b)(14) (…

Section 352.106 Relationship to Other Regulations Appendix F to 40 CFR 132 requires 9 specific permit procedures for which Great Lakes states must adopt consistent provisions. Procedures 1 and 2 of the Appendix requires procedures for site-specific modifications to standards, cri…

Section 352.200 Procedures for Establishing Permit Limitations for Discharges to Waters Not Currently Meeting Water Quality Standards, Criteria, or Values Discharges tributary to any water body segment within the Lake Michigan Basin that contains a parameter that is known to exce…

Section 352.300 Additivity for Combinations of Substances 35 Ill. Adm. Code 302.590 establishes an acceptable additive risk level of one in 100,000 (10(-5)) for establishing Tier I criteria and Tier II values for combinations of substances exhibiting a carcinogenic or other nonth…

Section 352.302 Values for 2,3,7,8-TCDD Toxicity Equivalence Concentrations a) For discharges in the Lake Michigan basin containing one or more 2,3,7,7,8-substituted chlorinated dibenzo-p-dioxins or 2,3,7,8-substituted dibenzofurans, the 2,3,7,8-TCDD toxicity equivalence concentr…

Section 352.303 Criteria for Consideration of Additivity for Nonthreshold Toxic Substances Any combination of carcinogenic or otherwise nonthreshold toxic substances shall be assessed on a case by case basis. The Agency shall only consider such additivity for chemicals that exhib…

Section 352.401 Applicability and Exclusions 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 z…

Section 352.410 Data Requirements 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 st…

Section 352.412 Conversion Factors for Dissolved and Total Metals 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 util…

Section 352.421 Estimation of Projected Effluent Quality a) The first step in determining if a reasonable potential to exceed the water quality standard exists for any particular pollutant parameter is the estimation of the maximum expected effluent concentration for that substan…

Section 352.422 Dilution Allowance 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 pr…

Section 352.423 Calculation of Preliminary Effluent Limitation 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 …

Section 352.424 Determination of Reasonable Potential 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 unde…

Section 352.425 Intake Credits 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 so…

Section 352.430 Instances Requiring Effluent Limits, Other Conditions, or Additional Data The Agency will consider the following factors when determining whether further data needs to be gathered in order to decide if a reasonable potential to exceed water quality standards exist…

Section 352.440 Special Provisions for Noncontact Cooling Water 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…

Section 352.500 Procedures for Establishing Permit Limits and Special Provisions for the Potential to Exceed Determination 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 a…

Section 352.520 Whole Effluent Toxicity Data 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 …

Section 352.530 Estimation of Projected Effluent Quality (PEQ) 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 b…

Section 352.540 Calculation of Preliminary Effluent Limitation (PEL) 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…

Section 352.550 Establishing Whole Effluent Toxicity Conditions 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…

Section 352.600 Mass Loading Limits 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…

Section 352.700 Water Quality Based Effluent Limits Below Detection or Quantification 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 foll…

Section 352.800 Compliance Schedules Section 39(b) of the Environmental Protection Act [415 ILCS 5/39(b)] and 35 Ill. Adm. Code 309.148 authorize the Agency to establish schedules of compliance in NPDES permits for a number of circumstances, including a discharge that is not in c…

Section 352.900 Antidegradation Provisions for Bioaccumulative Chemicals of Concern (BCCs) 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 Ac…

Section 355.101 Purpose, Scope and Application 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…

Section 355.103 Definitions 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 Q…

Section 355.201 Introduction 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…

Section 355.203 Calculation of Total Ammonia Nitrogen Numeric Water Quality Standards Regarding NPDES Permit Limits 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 t…

Section 355.205 Estimation of Projected Effluent Quality The Projected Effluent Quality (PEQ) is the estimation of the maximum expected effluent concentration. Individual PEQs shall be estimated for all summer and winter acute, chronic and subchronic exposure periods. a) The PEQ …

Section 355.207 Mixing Allowance 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 consiste…

Section 355.209 Calculation of Preliminary Effluent Limitation 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)(…

Section 355.211 Summary of the Results for a Reasonable Potential Analysis and the Determination of Ammonia Nitrogen WQBELs 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 wi…

Section 355.301 Introduction (Repealed) (Source: Repealed at 27 Ill. Reg. 15774, effective September 25, 2003)

Section 355.303 EMW Application Requirements (Repealed) (Source: Repealed at 27 Ill. Reg. 15774, effective September 25, 2003)

Section 355.305 Evaluation of EMW Applications (Repealed) (Source: Repealed at 27 Ill. Reg. 15774, effective September 25, 2003)

Section 355.307 Determination of EMW Designation (Repealed) (Source: Repealed at 27 Ill. Reg. 15774, effective September 25, 2003)

Section 355.309 Procedures for Delineating an EMW (Repealed) (Source: Repealed at 27 Ill. Reg. 15774, effective September 25, 2003)

Section 355.311 Ammonia Nitrogen Decay Equation (Repealed) (Source: Repealed at 27 Ill. Reg. 15774, effective September 25, 2003)

Section 355.313 Restrictions Applicable to Discharges with EMWs (Repealed) (Source: Repealed at 27 Ill. Reg. 15774, effective September 25, 2003)

Section 355.315 Publication of EMWs (Repealed) (Source: Repealed at 27 Ill. Reg. 15774, effective September 25, 2003)

Section 3.1. Each Contracting Agency Shall Ensure that every Contract to which it is a party shall contain the following clause: Equal Employment Opportunity In the Event of the Contractor's noncompliance with any provision of this equal employment opportunity clause, the Illinoi…

Section 3.2. INCORPORATION BY OPERATION OF THE REGULATIONS. All contract specifications furnished by any contracting agency to bidders or contractors shall contain the equal employment opportunity clause set forth in Section 3.1 hereof and such clause shall be included as a mater…