35 Ill. Adm. Code 104.580
Re-evaluation
Section 104.580Â
Re-evaluation
a)Â Â Â Â Â Â Â Â Proposed Re-evaluation.
When a
TLWQS
has a term
greater than five years and the Board accordingly sets a schedule for re-evaluation:
1)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â For a multiple
discharger, watershed, water body, or waterbody segment
TLWQS
, discharger
specific information must be provided individually.
3)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â The proposed re-evaluation
must assess the highest attainable condition using all existing and readily
available information.
b)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â The Board will accept public comments for a
period no less than 30 days.
d)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â The Board will re-evaluate
the highest attainable conditions using all existing and readily available
information.
1)Â Â Â Â Â Â Â Â If any re-evaluation
yields a more stringent attainable condition, that condition becomes the
applicable interim
TLWQS
without
additional action.
2)Â Â Â Â Â Â Â Â When the re-evaluation
identifies a condition less stringent than the highest attainable condition,
the Board must:
A)Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â obtain USEPA approval
before the
TLWQS
becomes effective
for Clean Water Act purposes.
f)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â 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.