Ill. Admin. Code tit. 35 § 104.580

Current through Register Vol. 48, No. 49, December 6, 2024

Section 104.580 - Re-evaluation

a) Proposed Re-evaluation. When a TLWQS has a term greater than five years and the Board accordingly sets a schedule for re-evaluation:

1) The petitioner and any person granted coverage under Section 104.575 must file its proposed re-evaluation with the Board according to the re-evaluation frequency set forth in the Board's order adopting the TLWQS under Section 104.565(d)(7).

2) For a multiple discharger, watershed, water body, or waterbody segment TLWQS, discharger specific information must be provided individually.

3) Petitioner must serve one copy of the proposed re-evaluation on the Agency, each participant, and each member of the notice list maintained by the Board under Section 104.520(b)(4).

4) The proposed re-evaluation must assess the highest attainable condition using all existing and readily available information.

b) The Clerk will publicize notice of the proposed re-evaluation on the Board's website and in a newspaper of general circulation in the county where the facility or pollution source is located.

c) The Board will accept public comments for a period no less than 30 days.

d) The Agency must file a recommendation with the Board within 45 days after the petitioner files its proposed re-evaluation with the Board. At a minimum, the Agency must provide an analysis of the petitioner's proposed highest attainable condition.

e) The Board will re-evaluate the highest attainable conditions using all existing and readily available information.

1) If any re-evaluation yields a more stringent attainable condition, that condition becomes the applicable interim TLWQS without additional action.

2) When the re-evaluation identifies a condition less stringent than the highest attainable condition, the Board must:

A) revise the TLWQS consistent with applicable federal laws and regulations satisfying the requirements of Section 38.5 of the Act and this Part; and

B) obtain USEPA approval before the TLWQS becomes effective for Clean Water Act purposes.

f) The Board will adopt a final order on the proposed re-evaluation consistent with the re-evaluation frequency set forth in the Board's order adopting the TLWQS under Section 104.565(d)(7).

g) The Agency must submit the Board's re-evaluation opinion and order to USEPA within 30 days after issuance of the Board's order.

h) A 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 Board's order under Section 104.565 or the results are not submitted to USEPA as required by this Section.

Ill. Admin. Code tit. 35, § 104.580

Added at 42 Ill. Reg. 7922, effective 4/27/2018