Current through Register Vol. 48, No. 38, September 20, 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.
e) The
Board order adopting or declining to adopt a TLWQS is a final order. Any
participant may file a motion for reconsideration, under 35 Ill. Adm. Code
101.520,
of a final Board order entered under this Section.
