iLLI:~OiS PDLLUT~.ON CONTROL
BOARD
)eptenber
27,
1990
IN
THE
MATTER
OF:
SAFE
DRINKING WATEP
ACT
290—13
UPDATE
(171/90
-
6/30/93)
(Pulemaking~
PROPOSAL
FOR
PUB~
C
CCMMrHT
PROPOSED
OPINION
TND
ORDER
OF
THE
BOARD
(by
U.
Arde~sor):
Pursuant to
~ction17.5
the Environmental
Protection Act
(Act),
the
Board
is proposing
to update
regulations which
are identical
in
substance
to USEPA
regulations imple~~
theSafe~D~rJnkircyWater Act .(SDOA).
The
Board
rules
are contained
in
11.
Adm. Code
611.
The Board
will
receive
public
comment
or this P~opoL
until
45 days after
the date of
publication
in~
the Illinois Registe.
Section 17.5 of the Act
ovides for quick
adoption of regulations which
are ‘identical
in
substance” ~
federal
regulations;
Section
17.5 provides
that Title
VII
of the Act
and
.E;ection
5 of
the Illinois Adninistrative
Procedure Act
(APA)
shall
rot
upply.
Because
this rulemaking
is
not
subject
to Section
5
of the APA,
it
is
not subject
to first
notice
or
to
second notice
review
by the Joint Committee
r’n Administrative Rules
(JCAR).
The SDWA prog~anwas
aw~from 40 CFR
141
and
143 (1989).
Only one
amendment occured during this update batch:
55 Fed. Reg.
25064
June
19,
1990
The
amendments
are
cor~ec:i
or’s
to federal
regulations published June
29,
1989,
and
incorpo~atedinto
tho
Board
rules
in
R88—26.
Most
of
the
corrections
were
mace
by
the
Tharo
on
o~iginal adoption.
Hi
STORY
OF
SDWA
PROGRAM
The
SDWA
rules
were
recencly
adopted
in
Docket
R88-26.
The
Board
entered
a
Proposed
Opinion
and
Order
or’
October
5,
1989.
The
proposal
appeared
on
December
1,
1989,
at
13
111.
Peg.
18690.
Following
the
public
comment
period,
the
Board
adopted
a
“Final”
Op
non
and
Order
on
May
24,
1990.
The
Board
then
allowed
a
post—adoption
cori~en~
period.
On
August
9,
1990,
the
Board
withdrew
the
May
24
Opi ni on
and Order,
and
substi tuted
a
new
Opi non
and
Order.
The
final
rules
will
uppea-
in
tea illinois Register
in
the near future.
On
Septembe
13,
1990,
in
R9O—21,
the
Board
proposed
corrections
to R88—
26.
Those
corecti
or’s
di ffe~ ~rom the
co-rectiors
in
this
Docket,
which
ai
se
from
USEPA
corrections
publiseec
in
the Federal
Register.
The Board
could
have proposed
the
290-21
con~e’:tions in this Docket, but did
not
do
so.
Combining
the
Dockets
would
haie
entailed
a
delay
in
R90-21
while
the
Board
researched
the
Federal
Register
to
identify
USEPA
actions
during
this
update
115—243
-2-
period.
Therefore,
R9O—21 will
proceed
in
parallel
with
this
Docket.
The
actions
on
the
SDWA
rules
are
summarizec
as
follows:
R88-26
August
9,
1990;
Original
adoption
(through June 30, 1989)
R9O-4
Dismissed June 21,
1990
(no USEPA
amendments
July
1
through December
31,
1939)
R90-13
This Docket
(January
1,
1990 tho~ughJune
30,
1990)
R90-21
Proposed September
13,
1990;
(Corrections
to R88-26)
GENERAL DISCUSSION
The amendments derive from
a
single USEPA action
correcting the June 29,
19.89,- fi-Itration
and disinfection ~ul.es.(55
Fed.
Reg.
25064, June
19,
1990).
Most
of these
are typographical
errors which
the Board discovered
and
corrected
in
adopting R88-26.
Only two corrections
result
in
any change to
the
Board
rules.
SECTION—BY-SECTION
DISCUSSION
Section
611.325
This Section
is derived
from 40 CFR
141.63.
Subsection
(d)(5)
was
amended
in item
17
at
55 Fed. Reg. 25064.
This amendment concerns the “wellhead protection program”
which
is
defined
in Section 611.101,
and which was discussed
at
page
41
in
the August
9,
1990, Opinion
in R88-26.
Illinois
is
in
the process
of developing
a
wellhead protection program which will
be submitted
to USEPA for
approval
under Section
1428 of the SDWA.
This will
include the “groundwater protection
needs
assessment” under Section
17.1 of the Act,
and
regulations
to
be
adopted
in
35 Ill. Adm. Code 615 through 620.
40 CFR 141.63(d)
lists
BATs for achieving conipliarce with the micro-
biological
revised MCLs.
As originally adopted, subsection
(d)(5)
listed
“development
...
of
an
approved ~ellheadp-otection program”
as
a BAT by which
a
PWS could
comply with
the microbiological
MOLs.
However,
it
is the State
which
“develops”
the wellhead protection
p’ogram,
not the PWS.
This amendment
changes this
to
“compliance with an
approved wellhead pnotection program”,
and
limits
the applicability to
PWSs using
groundwater.
The USEPA amendment specifies the details
of the
approval
process.
However,
in R88-26 the Board discovered these,
and
placed them
in
the
definition
in Section 611.101.
There
is
no need
to repeat
them
in
this
Section.
Also,
with
the Board’s formulation,
the similar problems
in
Section
611.212, 611.232
and
611.524,
which
USEPA hasn’t
noticed yet,
are fixed.
Section 611.521
This Section
is
darived from 40 CFR 141.21(a).
Section 141.21(a)(’i)
was
115—244
-3-
amended
in
item 4
at
55 Fed.
Reg.
25064.
This
is
subsection
(d)
in
the Boad
rule.
The existing
rule sets
a special
sampling r’ovision for
small
supplies
using
groundwate.
The
amerunient
limits
this
to
supplies
using
“only”
groundwater.
ORDER
The
Board
proposes
to
amend
35
ill.
Acm.
Code
611
to
read
as
follows.
The
Board
will
receive
written
puol i c
comment
for
a
pen
od
of
45
days
afte~
the
date
of
publication
in
the Illinois Register.
TITLE
35:
ENVIROUIENTgL
PROTECT1Th
SUBTITLE
F:
PUBLIC
WATER
SUPPLIES
CHAPTER
1:
POLLUTION
CONTROL
BOARD
PART
611
PRIMARY DRINK:UG
WATER
STAThARDS
SUBPARC
:
GENERAL
Secti on
611.100
Purpose, Scope
and Applicability
611.101
Definitions
611.102
Incorporations
by Refererce
611.103
Severability
611.108
Delegation to Local
Government
611.109
Enforcement
611.110
Special Exception Pemnits
611.111
Section
1415 Va-iances
611.112
Section 1416 Variances
611.113
Alternative Treatment Tech~’iques
611.114
Siting requirements
611.115
Source Water Quality
611.120
Effective dates
611.121
Maximum Contaminant
Levels
611.125
Fluoridation Requirement
611.126
Prohibition
on Use
of
Lead
SUBPART
3:
FILTRAION AND DISINFECTION
Section
611.201
Requiring
a Demonstration
611.202
Procedures
for Agency Determinations
611.211
Filtration Required
611.212
Groundwater under
Direct influence of Surface Water
611.213
No
Method
of HPC Analysis
611.220
General
Requirements
611.230
Filtration Effective Dates
611.231
Source Water Quality Conditions
611.232
Site—specific Conditions
611.233
Treatment
Technique
Viol ations
611.240
Disinfection
611.241
Unfiltered
PWSs
611.242
Filtered
PUSs
611.250
Filtration
115—245
-4-
611.261
Unfiltered
PWSs:
Reporting and Recordkeeping
611.262
Filtered
PWSs:
Reporting and Reco-dkeeping
611.271
Protection
during Repair Work
611.272
Disinfection following Repair
SUBPART
C:
USE
OF
NON-CENTRALIZED
TREATMENT
DEVICES
Section
611.280
Point-of-Entry Devices
611.290
Use of
other Non—centralized T-eatment
Devices
SUBPART
F:
MAXIMUM
CONTAMiNANT
LEVELS
(MCL’S)
Section
611.300
Inorganic
Chemicals
611.310
Organic
Chemicals
611.311
VOCs
611.320
Turbidity
611.325
Microbiological Contaminants
611.330
Radium and Gross Alpha Particle Activity
611.331
Beta Particle and Photon Radioactivity
SUBPART
K:
GENERAL
MONITORING
AND
ANALYTICAL
REQUIREMENTS
Secti on
611.480
Alternative Analytical
Techniques
611.490
Certified Laboratories
611.491
Laboratory Testing Equipment
611.500
Consecutive
PWSs
SUBPART L:
MICROBIOLOGICAL MONITORING
AND
ANALYTICAL REQUIREMENTS
Section
611.521
Routine Coliform Monitoring
611.522
Repeat Coliform Monitoring
611.523
Invalidation
of
Total
Coliform
Samples
611.524
Sanitary Surveys
611.525
Fecal
Coliform
and
E.
Coli
Testing
611.526
Analytical
Methodology
611.527
Response
to
Violation
611.531
Analytical
Requirements
611.532
Unfiltered
PWSs
611.533
Filtered
PWSs
SUBPART
M:
TURBIDITY
MONITORING
AND
ANALYTICAL
REQUIREMENTS
Section
611.560
Turbidity
SUBPART
N:
INORGANIC
MONITORING
AND
ANALYTICAL
REQUIREMENTS
Section
611.601
Requirements
611.602
Violation
of
State
MCL
611.603
Frequency
of
State
Monitoring
611.606
Analytical
Methods
611.607
Fluoride
Monitoring
611.610
Special
Monitoring
for
Sodium
115—246
—5—
SUBPART
0:
ORGANIC
MONITORING
AND
ANALYTICAL
REQUIREMENTS
Sampling
and
Analytical
Requirements
Analytical
Methods
Sampling
for
VOCs
Monitoring
for
36
Contaminants
Analytical
Methods
for
36
Contaminants
SUBPART
P:
THM
MONiTORING AND
ANALYTICAL
REQUIREMENTS
Sampling,
Analytical
ard
other
Requiemerts
Reduced
Moni toring
Frequency
Averaging
Analytical
Methods
Modification
to
System
SUBPART
Q:
RADIOLOGICAL
MONITORING
AND
ANALYTICAL
REQUIREMENTS
Analytical
Methods
Gross
Alpha
Manmade
Radioacti vity
SUBPART
T:
REPORTING,
PUBLIC
NOTiFICATION
AND
RECORDKEEPING
Appendix A
Appendix
B
Appendic
C
Table A
Table
B
Table
C
Mandatory
Health
Effects
information
Percent
Inactivation
of
G. Lamblia Cysts
Common
Names
of
Organic
Chemicals
Total
Coliforin Monitoring Frequency
Fecal
or Total
Col iform Density Measurements
Frequency
of
RDC
Measurement
AUTHORITY:
Implementing Sections
17
and 17.5 and autho’ized
by Section
27
of
the Environmental
Protection Act
(Ill. Rev.
Stat.
1989,
ch.
111
1/2,
pars.
1017,
1017.5
and 1027.
SOURCE:
Adopted
in R88-26
at
14
Ill.
Reg.
amended
in R9O—21
at
14 Ill.
Reg.
amended
in R90—13
at
14
Iii.
Reg.
effective
effective
effective
Secti on
611.641
611. 645
611.648
611. 650
611.657
Section
611. 680
611. 683
611.684
611. 685
611. 686
Section
611.720
611.731
611.732
Secti on
611.830
611.831
611.832
611.833
611.840
611.851
611.852
611. 853
611.854
611.855
611.856
611.858
611. 860
611.870
Applicability
Monthly
Operating
Report
Notice
b5’ Agency
Cross Connection Reporting
Reporting
Reporting
MCL
and other
Violations
Reporting other Violations
Notice
to
New
Billing
Units
General
Content
of
Public
Notice
Mandatory Health Effects Language
Fluoride Notice
Fluoride Secondary Standard
Record Maintenance
List
of
36
Contaminants
115—247
-6-
SUBPART
F:
MAXUIUM
CONTAMINANT
LLVELS
(MCL ‘S)
Section 611.325
Microbiological Contaminants
a)
The
MCL
is
based
on
the
peserce
or
abserce
of
total
coliforms
in
a
sample,
rather
than
coliform
density.
I)
For
a
supplier which collects
at
IEH5:
40
samples per month,
if
no
more
than
5.0 percent
of
the
soosles
collected
during
a
month
are total
coliform-positive,
the
supplier
is
in
compliance
with
the
MCL
for
total
coiiforJTls.
2)
For
a
supplier which
collects
fewer
than
40
samples
per
month,
if
no
more
than
one
s;
pie
collect
during
a
month
is
total
coliform-positive, the
supplier
i
~ compliance with the
MCL
for total
colifornis.
—
b)
Any
fecal
coliform-positive repeat
sac
a
or
E.
coli-positive
repeat
sample,
or
any total
coliform—positive
~apeatsample following
a
fecal
coliform-positive or E.
coli—pos
ye routine
sample,
constitutes
a violation of
the
MCL
for
:tal
coliforms.
For
purposes
of the
public
notification
requirements
Section
611.851
et
seq.,
this
is
a
violation that may
pose
an
acute risk
to health.
c)
A supplier shall
determine compliance ~iththe MCL
for total
coliforms
in
subsections
(a)
and
(b)
for
each month
in which
it
is
required
to
monitor
for
total
ooliformns.
d)
BATs for achieving compliance
with
the MCL
for total
coliforms
in
subsections
(a)
and
(b):
1)
Protection
of wells from contanina~ionby
coliforms by
appropriate placement and const~uo~on;
2)
Maintenance
of RDC throughout
the
oistribution system;
3)
Proper maintenance
of the dist-ibut
ion
system
including
appropriate
pipe
replacement
and
rapai r
procedures,
main
flushing
programs,
proper
operat Hr
and
maintenance
of
storage
tanks
and
reservoirs
and continual
maintenance
of positive water
pressure
in
all
pats
of
the
distHbutior
system;
4)
Filtration
and
disinfection
of
suHace
water,
as
described
in
Subpart
B,
or
disinfection
of
ThoJr:u:ater
using
strong
oxidarts
such
as
chlorine,
chlorine
dioxioc
o~ozone;
or
5)
—the ëeve~op~e~t
a~44e~ePt~~eF
ef a~
appFeved—For
systems
using groundwater,
compliance
with
tre
wellhead protection
program,
after USEPA approves
the p~ogram.
BOARD NOTE:
Derived from 40 CFR
141.63
(1989),
as
amended
at
54
Fed.
Reg.
27562,
June
29,
1909.
115—248
(Source:
Amended
at
14 Ill.
Peg.
,
effective
SUBPART
L:
MiCROBIOLOGICAL MONITORING AND ANALYTICAL REQUIREMENTS
Section
611.521
Routine Coliform Monitoring
a)
Suppliers
shall
collect
total
coliform samples
at sites
which ae
representative
of water throughout
the d~stnbutionsystem according
to
a
written
sample
siting
plan,
which
must
be
approved
by
by
special
exception
permit.
b)
Toe
monitoring
frequency
for
total
coliforms
for
CWSs
is
based
on
the
populat~onserved
by
the
CWS,
as
set foth
in Table
A.
If
a
CWS
serving
25
to
1,000
persons
•has
no
histoy
of
total
coliform
contamination
in
its
current configuration
and
a sanitary survey
conducted
in
the
past
five years shows
that the CWS is
supplied
solely
by
a
protected
groundwater
source
and
is
free
of
sanitary
defects,
the
Agency
shall
reduce
the
monitoring
frequency
specified
in
Table
A,
except
that
in
no
case
shall
th~
Agency
reduce
the
monitoring
frequency
to
less
than
one
sample
per
quarter.
The
Agency
shall
approve
the
reduced
monitoring
frequency
by
special
exception
permit.
c)
The
monitoring
frequency
for
total
coliforms
for non—CWSs
is
as
fol
1 ows:
1)
A
non—CWS
using
only
groundwater
(except
groundwater
unde
the
direct
influence of
surface water,
as
determined
in Section
611.212)
and serving
1,000 persons
or fewer
shall
monitor each
calendar
quarter
that
the
system
provides
water
to
the
public,
except
that
Public
Health
shall
reduce
this
monitoring
frequency
if
a
sanitary
survey
shows
that
the
system
is
free
of
sanitary
defects.
Beginning
June
29,
1994,
Public
Health
cannot
reduce
the
inoni toring
frequency
for
a
nor—CWS
using
only
groundwater
(except
groundwater
under
the
direct
influence
of
surface
water)
and serving 1,000
persons
or fewer
to
less than once pe
year.
2)
A non-CWS using only groundwater
(except groundwater under the
direct
influence of
surface water)
and serving more than 1,000
persons
during any month
shall
monitor
at the same frequency
as
a
like—sized CWS,
as
specified
in subsection
(b),
except
Public
Health
shall
reduce this monitoring frequency
for any month the
system
serves
1,000
persons
or
fewe.
Public
Health
cannot
reduce
the
monitoring
to
less than once per year.
For systems
using groundwater
under
the direct
influence of
surface water,
subsection
(c)(4)
applies.
3)
A
r’on—CWS
using
surface
water,
in
total
or
in
part,
shall
noni tor
at
the
same
frequency
as
a i~ke—si zed
CWS,
as
specified
in
subsection
(b),
regardless
of
the
number of
persons
it
serves.
115—249
-8-
4)
A
nor—CWS
using
groundwater
unde-
the
direct
influence
of
surface
water,
shall
monitor
at
the
same
frequency
as
a
like—
sized
CWS,
as
specified
in
subsection
(b).
The supplier
shall
begin
monitoring
at
this
frequency
beginning
six
months
after
Public
Health determines that
the groundwater
is
under toe
direct
influence
of
surface
water.
d)
The
supplier
shall
collect
samples
at
-egular
tine
intervals
throughout
the
month,
except
that
a
supplier
which
uses
only
groundwater
(except
groundwater
unde~ the
direct
influence
of
surface
water)
and
se’~ves 4,900
persons
or
fewe-,
may
collect
all
requied
samples
on
a
single
day
if
they
are
taken
from
different
sites.
e)
A
PWS
that
uses
surface
water
or
groundwater
under
the
direct
influence of
surface water,
and
does
not practice fiit~ationin
compliance with Subpart
B,
shall
collect
at least
one sample
near the
first
service
connection
each
day
the
turbi.dity
level
of
the
source
water, measured
as
specified
in Section 611.532(b),
exceeds
1
NTU.
This
sample
must
be
analyzed
for
the
presence
of
total
coliforms.
When
one
or
sore turbidity measurements
in
any
day
exceed
I
NTU,
the
supplier
shall
collect
this
coliform
sample within
24 hours
of the
first
exceedance,
unless
the
Agency
has
determined,
by
special
exception
permit, that the
supplier,
for logistical
reasons outside
the supplier’s control, cannot
have the sample
analyzed within
30
hours
of
collection.
Sample
results
from
this
coliform
monitoring
must
be
included
in
determining
compliance
with
the
MCL
for
total
coliforms
in
Section
611.325.
f)
Special
purpose
samples,
such
as
those
taken
to
determine
whether
disinfection practices are sufficient following pipe placement,
replacement
or
repair,
must
not
be
used
to
determine
compliance
with
the
MCL
for
total
coliforms
in
Section
611.325.
BOARD
NOTE:
Derived
from
40
CFR
141.21(a)
(1989),
as
amended
at
54
Fed.
Reg.
27562,
June
29,
1989.
(Source:
Amended
at
14
111.
Reg.
,
effective
IT
IS
SO ORDERED.
I, Dorothy N.
Gunn,
Clerk
of the Illinois Pollution Control
Board,
hereby
certify that the above Opinion
and Order was adopted
on the
~‘~/
day
of
~‘
,
1990, by
a vote of
Dorothy
M.
Gun~, Clerk
Illinois Pollution Control
Board
115—250