ILLINOIS POLLUTION CONTROL BOARD
August
15,
1985
L~
THE
MAT2ER OF:
)
PROPOSED AMENDMENTS
TO
)
R85—14
~J~3LtC
~A’rEa
SUPPLY
REGULATIONS,
35
ILL. ADM.
)
C~)tTh
6t)2,105 AND 602.106
At)OPTl~)
EMERGENCY RULE.
El’lERG’~NCYORDER OF THE BOARD:
(by
~.
Anderson):
SUMMARY OF TODAY’S_ACTION
The
Board hereby adopts an emergency
rule
to be filed and
.~Ef~ctLveAugust
16
to last a maximum of
150 days,
or until
lanuary
12,
1986.
The
rule
will
allow
the
Agency
to
issue
pFi~1it5
for
water
main extensions to about
101 public
water
supplies
presently
on
restricted
status
delivering
water
to
their
customerS
containing
a)
fluoride
at
concentrations
less
than
or
equal
to
4.0
mg/i,
b)
combined
radium
226
and
228
at
concentrat:ions
less
than
or
equal
to
20
pCi/i,
and
c)
~jro~
alpha
particle
activity
at
concentrations
less
than
o~ equal
to
60
pCi/I.
A
three
page
diphabetical
list
of these affected
communit.i.?s
is
attached
hereto
as
Appendix
A.
The
overwhelming
weight
of
the
hearing
testimony
and
~Locurnentary
evidence
presented
to
the
Board
in
this
docket
convinces
the
Board
that
this regulatory relief
can
be
granL~d
with
minimal
risk
of
adverse
impact
to
the
health
of
the
consumers
of
this
water.
The
evidence
is
also
compelling
that
.er~jency
relief
is
necessary,
since
.i)
uconomic
development
has
halted
in
these
communities
to
the
extent
that
such
development
requires
permits
for
extension
of
water
service,
and
b)
much
of
the
May
15—November
15
construction
season
has
elapsed,
and
there
is
no
certainty
that
a
permanent
rule
could
be
adopted
prior
to
November
15,
and
65-319
—2—
C)
certain
communities will
lose previously planned
development,
and communities
in economically
depressed areas will be placed
at
a competitive
dsadvantaje
in attracting new development,
and
~i; at
least
one community has been unabic
to extu~ii
water setvice consistent with
its perceived
needs
for
improved fire—fighting
capab~lL~:~,~
e)
installation
of treatment technologies or
development of alternative
water sources
can
he
prohibitively costly
and difficult or
impossthlt’
to
immediately finance absent expansion of
a
community’s tax
base.
T~
Roar:d
Einis,
within
the
meaning
of
Section
27
(c)
of
th:~
~-:niironmenLal
Protection
Act
(Act),
Ill.
Rev.
Stat.,
1983,
ch.
~1i,
i/2,
2ar.
lMOt
et. seq.
that
this
is
a
“situation
...
which
~‘~asonahly
constitutes
a
threat
to
the
public
interest,
safety,
.toii
welfar~.”
The
Board
accordingly
adopts
an
emergency
rule
)ucsuant
to
Section
27
(c)
and
Section
5.02
of
the
Illinois
~1.iinistrative
Procedures
Act
(APA),
Ill.
Rev._Stat.,
1983,
ch.
27,
Sent ton
1001
et.
seq.
PRESENT
PROCEDURAL
PJSTURE~
On June
13,
1985 the
Board
authorized
first
notice
publication
of
an
Agency
proposal
to
“suspend”
the
effects
of
r~tcicte~status
to
allow
Agency
issuance
of
water
main
~tension
permits
until January
1,
1989
to certain public water
•~~pplies.
This
limited
regulatory
relief
would
be
afforded
to
communities
whose
finished
drinking
water
exceeds
federal
and
3iL~~t~
standards
for
radiological quality
and
for
fluoride
becauso
of
the
nature
of
the
supply’s
raw
water
source,
provided
that
the
•e~cee~ancefalls
within
the
limits
stated
in
the
proposal
.
The
riaximum
allowable
concentrations
(MAC)
specified
at
35
Ill.
Adm.
~.)de
Section
634.202,
203,
and
301,
and
the
proposed
per:~is~ihle
~cceedance
levels
are
as
follows:
Existing
“Inter”
MAC
Proposed
Exceedance
Fluoride
1.8 mg/i except
that
4.0
mg/i
2.0 mg/i
is allowed
in
specified northern
counties of Illinois
~o’nhined
~.adium
5
pCi/i
20
pCi/
2~3 ~nd 22~
~r:5s Alpha
15
pCi/i
60
pCi/i
particle
Activity
65-320
—3—
This
proposal
was
published
at
9
Ill.
Reg.
10594, 3u~y
12.,
~985,
publication
having
been
delayed
until
dates
for
the
pi-~sentation
of
Agency
testimony
in
support
of
the
proposal
could
he proposed.
Hearings were held
in Springfield
on
July
30,
198~
~ii
in
Springfield
on August
2,
.1985.
The
Agency
pr:t~~
t~c
LeRtimony
of
10
witnesses
in
support
of
its
pcop0:~aL;
10
4itnesSes
who
would
be
fa~iorably affected
by
grant
of
i-~~•i~
oposed
regulatory
relief
testified
to
their
support
of
the
~)r)posal;
and
one
witness
testified
in
OpposItion
to
the
proposal.
These
proceedings
generated
over
450
pages
of
tr-inscript and
26
exhibits
amounting
to
a
four—inch
stack
of
paper.
(A
list. ofthese exhibits
is
attached
hereto
i5
~ppend,i
R.
)
Two
written
public
comments
were
received
in
support
of
Agency’s
Proposal.
The
record
in
this matter
is
still
open,
Pursuant
to
Section
27(h)
of
the
Act,
the
Board
cannot
adopt
~
proposed
cegulat
ion
until
it
receives
an
assessment
from
the
Deper
tin ~ctL
of
~lergy
and
~atura1
Resources
(DENR)
concerning
the
economic
~act
of
proposed
regulations,
and
holds
economic
he:trings
~oneerning
any
study
submitted.
However,
pursuant
to
Ill.
Rev.
SLit.
ch.
96
1/2
par.
7404
(d),
the Director of DENR, with
the
concurrence
of
DENR’s
Economic
arid Technical Advisory Committee
(T~TAC),
may
determine
thata
study
is
not
necessary
for
specified
reasons.
As
of
this
date,
the
Director
of
DENR
has
not
advised
the
Board
of
any
determination
in
this
regard;
ETAC
meetings
are
scheduled
on
or
about
August
23
and October
15.
The
Board
therefore
cannot
anticipate
when
the
record
w:ili
be
completed
by
Board
receipt
either
of
a
negative
deciarati’)e
of
economic
impact,
or
a
study
to
be
followed
by
additional
Board
hearinjs.
Once
the
record
is
complete,
however,
and any proposal
is
adopted
by
the
Board,
filing
of
that
proposal
is
delayed
for
the
45
day
review
period
by
the
Joint
Committee
on
Administrative
Ru~os as
prescribed
by
the
APA.
MOTION
FOR
EMERGENC~
RUf~IA~~IG
At
the
August
2
hearing,
the
City
of
Elruhucst:
pres~riLed
a
notion
for
emergency
rulemaking.
Elrnhurst
urges
the
Board
~c)
adopt
emergency
rules
pursuant
to
Section
27
(c)
of
the
Envjronnental.
Protection
Act
and
Section
5.02
of
the
Illinois
~dtninistrative
Procedures
Act.
In
its
notion,
Elmhurst
alLeged
that
its
public
water
supply
is
currently
on
restricted
status
having
a
combined
radium
concentrattou
of
7.~) pCi/I,
2.9
pCi/L
in
excess
of
the
standard
(R. 362)
,
and
that
isa
result:
ther ~o;~
“(a)
significant
private
land
development
beneficiaL
to
the
public
interest
cannot
proceed;
and
(b)
employment
creation
is
precluded,
employment
retention
is
threatened
and
private
investinent
is
frustrated;
and
65-321
—4—
(c)
the ability of Elmhurst to provide
fire
protection and safety
for significant commercial
and
industrial property and
the public at large
is threatened.”
(Motion,
p.
2—3)
Testimony in Support of
the motion was presented
by Virginia
‘r1~mon,
a member
of
the Board of Directors of the
Elrnhurst.
Chamber of Commerce (R,347—350), Kathleen Scanlon and Leslie
Korman representing would be developers
in the Elmhurst area who
cannot receive water
service (R,351—356); and Deputy Fire Chief
lohn Burn concerning
the City’s needs
for new looped water mains
for safety purposes.
(R,356—362)
The
City has
23 building
projects which cannot proceed while
it
is on restricted
status.
it
nay lose
the
two projects described by Mr. Korman
if
construction cannot begin
on or about September
1,
with
a
c’~sultingyearly
revenue loss to
the
City of $100,000
in real
estate
taxes and about
400 jobs (R.363, 354—355)
,
and
the project
described by Ms.
Scanlon
if construction cannot begin on or about
October
1,
with
a resulting yearly property tax loss of
$900,000
and about 850
jobs (R,352—353),
The
action
taken by the Board
today responds
to this motion.
Given the limited time available
to the Board
to prepare
a
response
to
the City of Elmhurst’s request,
the Board
cannot
today present an exhaustive survey
of
the testimony and
scientific
literature
contained
in
this
hearing
record;
that
type
of
review
will
be
presented
in
a
later supporting Opinion.
The
Board
has,
however, considered all
of
the exhibits,
as
~ell as
the testimony and public comments, presented by the
following individuals:
Fluor ide
Dr.
Raymond
Kuthy,
presently
an
assistant
professor
of
community
dentistry
at
the
Ohio
State
University
College
of
Dentistry,
and
formerly
(1979—1984)
as
the
chief
of
the
Division
of
Dental
Health,
Illinois
Department
of
Public
Health
(IDPTfl;
Or,
Gerald
Guine,
a
full
time
faculty member
at
Loyola
University
School
of
Dentistry,
representing
the
Illinois
State
Dental
Society;
Lisa
Watson, director
of Fluoridation and Preventive Dentistry
Activities for
the Council on Dental Health and Health
planninf
of
the
American
Dental
Association,
speaking
on
behalf
of
the
Agency
and
the
IDPH;
Dr.
Gary
R.
BrenniTnan,
presently
an
Associate
Professor,
Department
of
Environmental
and
Occupational
Health
Sciences,
School
of
Public
Health,
University
of
Illinois
at
Chicago,
and
formerly
(1980—1984)
Associate
Director
of
that
Depart~ent,
65-322
—5—
Richard
E.
Toohey, Ph.D.,
a nuclear physicist,
and Measurements
Group
Leader
for
the Center
for Radiobiology
(CHR)
at Argonne
National Laboratory.
~
lames
FJ,
Stebbings,
an epidemiologist and Epidemiology Grou2
Leader
for
the CHR.
Treatment Technolo9,
al of Treatment Wastes, and Costs
Leonard
L,
Bolt,
P.
B.,
of
Metcalf
and
Eddy,
Inc.,
a consultant
with 25 years of experience in the treatment of drinking
water
and sewage.
Royec
o.
Selburg, IEPA,
Acting Manager of the Division of Public
Water Supplies,
who has worked with these supplies
in various
capacities at the Agency since 1970.
Dorothy
L.
Bennett,
IEPA, Supervisor of the Water Quality Unit of
the Division of Public Water Supplies since 1972,
chemist and
formerly employed
for
14 years in the
laboratories
of
the
IDPH.
Munic
lit
tes and Assoc iations
These
witnesses
touched
upon
various
aspects
of
their
experience
in the above areas
arid
in
support
of
the proposal unless
otherwise
indicated,
In
order
of
appearance:
D~arryl
R.
Bauer,
President,
Kane
County
Water
Association
and
speaking
on
behalf
of
its
22
member
communities;
consultant
and
formerly
(1978—1985)
Public
Works
Director
for the City
of
St. Charles,
Kenneth
Fiek,
representing
the
Illinois
Section
of
the
American
Water
Works
Association
and
its
Legislative
Affairs
Committee;
Director
of
Marketing
for
Corus
Chemical
Co.,
LaSalle,
Thomas Talsrna, Director
of Public Works
for
the
City
of
Geneva,
Ted
Bergeson,
P.
B.,
Director
of
community
Development
for
the
City
of
Batavia
since
1984;
formerly
(1956—1984)
a
consultant.
Kathleen Park,
President, Village of Cory,
McHenry
County,
City of Elmhurst;
these witnesses were identified earlier,
Steve
Seiver,
Village
Administrator
for
the
Village
of
Milan,
Louis
B. Marchi, Ph.D., McHenry County Defenders presenting
~osition
to the proposal;
chemist,
retired;
previous
nolder of
industrial research and teaching positions.
65-323
—0~
The
two
public comments receLved
by
nail
were
also
read
into
the
hearing
record
in
the
context
of
the
Elmnhurst
Emergency
Motion.
These
comments
were
by:
PC
1
Korman/Lederer
and
Assoc.;
July
29,
.1985
pC
2
1P3
Interests;
August
1,
1985.
rh
record
indicates
some
disagreement
in
the
sc.ient I ic
It tecature
with
the
positions
taken
by
the var ions Agency
witnesses
concerning
health
effects
of
the
“suspension”
of
restricted
status
at
the proposed doubled MAC levels
for
fluoride
and
quadrupled
MAC
levels
for
combined
radium
226
and
228
and
gross
alpha
particle
activity
levels.
However,
the
Board
finds
the
overwhelming
weight
of
the evidence supports grant
of
emergency
relief
for
150
days,
considering
the
minimal
additional
risk
of
adverse
effects
on
the health
of
water
consumers
and
the
major
economic
and
other
effects
delay
in
relief
would
have
on
the
affected
communities
as
noted
on
p.
1.
Accordingly, the Board
adopts,
and
the
Clerk
of
the
Board
is
directed
to file with
the Secretary of State,
the following
emergency amendments:
TITLE
35:
ENVIRONMENTA1~ PROTECTION
SUBTITLE F:
PUBLIC WATER SUPPLIES
CHAPTER
I:
POLLUTION CONTROL BOARD
Section 602.105
Standards
for Issuance
EMERGENCY
a)
~xce~tas
provided
in
Section
602.105(d),
the
Agency
shall
not
grant
any
construction
or
operating
permit
required
by
this
Part unless
the applicant submits adequate proof
that.
the public water
supply will be
constructed, modified or
operated
so as not
to cause
a violation of
the Environmental
protection Act
(Ill.
Rev.
Stat.
~98~
1983,
ch. 111 1/2, pars.
1001
et
seq.)
(Act),
or of this Chapter,
h)
The
Agency
shall
not grant any construction
or operating
permit
required
by
this
Part unless
the applicant submits
adequate
proof
that
the
public
water
supply
facility
conforms
to
the
design
criteria
promulgated
by
the
Agency
under
Section
39(a)
of
the
Act
or
Section
602.115
or
is
based
on
such other criteria which
the applicant proves will produce
consistently
satisfactory
results.
c)
The
Agency
shall
not
grant
any
construction
permit
required
by this
Part
unless
the
applicant
submits
proof
that
any
plan
documents required by this Section and Section 602.108 have
been prepared by a person qualified under
the Illinois
Architecture Act
(Ill.
Rev,
Stat.
~98~ 1983,
ch.
ill, ~acs.
65-324
—7—
20.
et seq.),
the Illinois Professional Engineering Act
(III.
Rev.
Stat, ~98~ 1983,
ch.
111, pars.
5101
et
seq.),
the
Illinois Structural Engineering
Act.
(Ill,
Rev.
Stat. ~98~
1983,
ch.
Ill,
pars.
6501
et
seq.),
or
any
required
combination
thereof,
d~
tint ii
Januar~
12,
1986,
the
~enc~
shall notdeu~to~n~
applicant anI construction or o~eratin~
~ermitruired~
this Part
for
the foLLowin1~easons:
~
~
~
~
-
~
~
~
*
~Ji
~~2J!
less than
or
equato4~j/i;or
2)
the public water__supply havin~acombined radium
226
an
n
B
concentration
less than
ore~ia1
to
2O~Ci/1
or
3
~..
~_2
~
~
acti~j1ncludin9 cadi urn 226,
but. excludin~ Ladon and
~
~
(Source:
imergency amendment at
9
111. Reg.,
effective
for
a
maximum
of
150 days.)
Section
602.106
Restricted
Status
EMERGENCY
a)
Restricted
status
shall
be
defined
as
the
Agency
determination,
pursuant
to
Section
39(a)
of
the
Act
and
Section
602.105,
that
a
public
water
supply
facility
nay
no
longer
be
issued
a
construction
permit.
without
causincj
a
violation of
the
Act
or
this
Chapter.
b)
Except
as
provided
in
Section_602,106(d),
the
Agency
shall
publish
and
make
available
to
the
public,
at
intervals
of
iot
more
than
six
months,
a
comprehensive
and,
up—to-date
ti~t
of
supplies
subject
to
restrictive
status
and
the
reasons
Why.
c)
The
Agency
shall
notify
the owners or official custodians of
supplies
when
the
supply
is
initially
placed
on
restricted
~taLus
by
the
Agency.
d
Until
Januar~l2,
1
986,
the ~9ency1s
bushed
list
of
s~p~liessubject
tore
stricted
status
shall
not
md
ude
supp.Ues
whose
on lyv
io
lat
ions
are within
the
~pararnet~:s
stated
in
Section
602.105(d),
nor
shall
said
published
list
include
vio1~tbions
which fall_within said
ameter a
(Source:
Emergency
amendment
at.
9
111,
Reg.
,
effective
~9~stlo,L9B),
for
a
maximum
of
150
days,)
65-325
—8—
IT
t:3
SO ORDERED.
7,
1),
Oumelle and
B.
Forcade dissented.
I, Dorothy
M.
Gunn, Clerk
of the Illinois Pollution Control
Board
hereby
certify that
the
above
Order
was
adopted on
the
/.6~day
of
~
,
1985
by
a
vote
of
~
Dorothy
~.
Gunn,
Clerk
Illinois
Pollution
Control
Board
65-326