Section 310.107  Incorporations by Reference

a)         The following publications are incorporated by reference for this Part and 35 Ill. Adm. Code 307:

Combined Sewer Overflow (CSO) Control Policy (April 1994) (USEPA document number EPA-830-B-94-001), available from National Service Center for Environmental Publications (NSCEP), P.O. Box 42419, Cincinnati, OH  45242-0419, 800-490-9198 or online for download in an electronic format at http://nepis.epa.gov/EPA/html/pubindex.html, referenced in Section 310.320.

BOARD NOTE:  USEPA published the Combined Sewer Overflow (CSO) Control Policy in the Federal Register at 59 Fed. Reg. 18688 (Apr. 19, 1994).

Standard Industrial Classification Manual (1987) (document no. PB87‑100012) (referred to as "1987 SIC Manual"), available from the National Technical Information Service, 5301 Shawnee Road, Alexandria, VA  22312, referenced in 35 Ill. Adm. Code 307.2201, 307.2400, 307.2402 through 307.2407, and 307.3901 and Section 310.602.

BOARD NOTE:  The 1987 SIC Manual is available for online search through the U.S. Department of Labor, at http://www.osha.gov/pls/imis/

sic_manual.html.  In 1997, the federal Office of Management and Budget (OMB) announced that the North American Industry Classification System (NAICS) was replacing the SIC (62 Fed. Reg. 17288 (Apr. 9, 1997)) for statistical purposes.  OMB announced the adoption of a 2012 edition of NAICS (76 Fed. Reg. 51240 (Aug. 17, 2011)).  The 1997 NAICS Manual is available for online search or purchase (as electronic or hard copy) at http://www.naics.com.  Until USEPA amends its regulations to change references to SIC codes to references to NAICS codes, the Board will continue to use the 1987 SIC codes.

b)         The following provisions of the Code of Federal Regulations are incorporated by reference for this Part and 35 Ill. Adm. Code 307:

40 CFR 2.302 (2020) (Special Rules Governing Certain Information Obtained Under the Clean Water Act), referenced in Section 310.105.

40 CFR 3.2 (2020) (How Does This Part Provide for Electronic Reporting?), referenced in Section 310.106.

40 CFR 3.3 (2020) (What Definitions Are Applicable to This Part?), referenced in Section 310.106.

40 CFR 3.10 (2020) (What Are the Requirements for Electronic Reporting to EPA?), referenced in Section 310.106.

40 CFR 3.2000 (2020) (What Are the Requirements Authorized State, Tribe, and Local Programs' Reporting Systems Must Meet?), referenced in Section 310.106.

40 CFR 25 (2020) (Public Participation in Programs Under the Resource Conservation and Recovery Act, the Safe Drinking Water Act, and the Clean Water Act), referenced in Section 310.510.

Tables II (Organic Toxic Pollutants in Each of Four Fractions in Analysis by Gas Chromatography/Mass Spectroscopy (GS/MS)) and III (Other Toxic Pollutants (Metals and Cyanide) and Total Phenols) in appendix D to 40 CFR 122 (2020) (NPDES Permit Application Testing Requirements), referenced in 35 Ill. Adm. Code 307.1005.

40 CFR 122.23(b) and (c) (2020) (Concentrated Animal Feeding Operations), referenced in 35 Ill. Adm. Code 307.2201.

Appendix A to 40 CFR 127 (2020), as amended at 85 Fed. Reg. 69189 (Nov. 2, 2020) (Minimum Set of NPDES Data), referenced in Sections 310.106 and 310.612.

BOARD NOTE:  Only those segments relevant to electronic reporting under the wastewater pretreatment program (NPDES data groups 1, 2, 3, 7, and 8) are intended.

40 CFR 136 (2020) (Guidelines Establishing Test Procedures for the Analysis of Pollutants), referenced in 35 Ill. Adm. Code 307.1003 and 307.6500 and Sections 310.605, 310.610, and 310.611. 

40 CFR 401.15 (2020) (Toxic Pollutants), referenced in 35 Ill. Adm. Code 307.1005.

40 CFR 403 (2020) (General Pretreatment Regulations for Existing and New Sources of Pollution), referenced in Section 310.432.

40 CFR 403.12(b) (2020) (Reporting Requirements for POTWs and Industrial Users), referenced in Section 310.602.

40 CFR 403.15 (2020) (Net/Gross Calculation), referenced in Section 310.801.

Appendix D to 40 CFR 403 (2020) (Selected Industrial Subcategories Considered Dilute for Purposes of the Combined Wastestream Formula), referenced in Section 310.233.

Appendix G to 40 CFR 403 (2020) (Pollutants Eligible for a Removal Credit), referenced in Section 310.303.

40 CFR 503 (2020) (Standards for the Use or Disposal of Sewage Sludge), referenced in Section 310.303.

c)         The following federal statutes are incorporated by reference:

Section 1001 of federal Crimes and Criminal Procedure (18 U.S.C. 1001 (2019)), referenced in Section 310.633.

The federal Clean Water Act (CWA) (33 U.S.C. 1251 et seq. (2019)), referenced in Sections 310.110 and 310.705.

Section 204(b) of the federal Clean Water Act (33 U.S.C. 1284(b) (2019)), referenced in Section 310.510.

Section 212(2) of the federal Clean Water Act (33 U.S.C. 1292(2) (2019)), referenced in Section 310.110.

Section 307(b), (c), and (d) of the federal Clean Water Act (33 U.S.C. 1317(b), (c), and (d) (2019)), referenced in Section 310.110.

Section 308 of the federal Clean Water Act (33 U.S.C. 1318 (2019)), referenced in Section 310.510.

Section 309(c)(4) of the federal Clean Water Act (33 U.S.C. 1319(c)(4) (2019)), referenced in Section 310.633.

Section 309(c)(6) of the federal Clean Water Act (33 U.S.C. 1319(c)(6) (2019)), referenced in Section 310.633.

Section 405 of the federal Clean Water Act (33 U.S.C. 1345 (2019)), referenced in Section 310.510.

Subtitles C and D of the federal Resource Conservation and Recovery Act (42 U.S.C. 6921-6939g and 6941-6949a) (2019)), referenced in Section 310.510.

d)         This Part incorporates no future editions or amendments.

BOARD NOTE:  The Board has located the incorporations by reference for this Part and the more general incorporations by reference for 35 Ill. Adm. Code 307 in this Section to aid future review and updates.  The Board has located the incorporations by reference of the federal categorical standards scattered throughout 35 Ill. Adm. Code 307 at the segments appropriate to each individual categorical standard.  This aids future review and updates of the categorical standards.

(Source:  Amended at 47 Ill. Reg. 5083, effective March 23, 2023)