ILLINOIS POLLUTION CONTROL 

BOARD

December 3, 1992

IN THE MATTER OF:        

)

SAFE DRINKING WATER ACT UPDATE, 

)

R92-3

LEAD AND COPPER AND PHASE IIB 

)

(Identical in Substance Rules)

(6—1—91 through 12—31—91)   

)

EXTENSION OF TINE

ORDER OF THE BOARD (by J. Anderson):

TIME-FRAME OF DOCKET

The Board has decided to adjust the time frame of dockets

R91-15 and R92-3 so we can handle both sets of federal amendments

in the single docket, R92-3. The time frame of docket R92-3 will

therefore include the period from June 1, 1991 through December

31, 1991.

Previously, the federal rulemaking period covered by docket

R91-15 was February 1, 1991 through June 30, 1991. During this

period, USEPA promulgated the Lead and Copper rules as follows:

56 Fed. Reg. 26547      

June 7, 1991

Previously, the period for docket R92-3 was July 1, 1991

through December 31, 1991. During this period, USEPA promulgated

the Phase IIB rules and corrections to the Phase II rules as

follows:

56 Fed. Reg. 30266      

July 1, 1991

The Board incorporated the Phase II corrections and certain

elements of the Phase IIB rules into docket R91-3 and adopted

amendments based on those corrections on November 19, 1992.

Certain, limited, core Phase IIB amendments remain outstanding.

The Board has decided to deal with both sets of federal

amendments in the same rulemaking. There are important reasons

for doing so. Initially, very little time elapsed between the

federal amendments of June 7, 1991 and July 1, 1991. Second,

only limited, yet important, elements of the Phase 113 rules

remain outstanding after the amendments of docket R91-3.

Finally, there appears some possible overlap between these

amendments in that the Phase IIB rules implement new maximum

contaminant levels (NCLs), and the Lead and Copper rules repeal

an MCL in favor of a different approach.

Further, USEPA imposed an administrative stay on the certain

of the Phase 113 rules during the time-frame of docket R92-12.

The USEPA stay appeared as follows:

3137-0721

57 Fed. Reg. 22178      

May 27, 1992

Since that stay affects only certain of the Phase IIB rules

involved in this docket, the Board includes that action in this

docket.

REASON FOR DELAY

The federal rulemaking period covered by docket R92-3

is

presently June 1, 1991 through December 31, 1991.

During this

period, USEPA promulgated the Lead and Copper rules and the Phase

IIB rules as follows:

56 Fed. Reg. 26547      

June 7, 1991

56 Fed. Reg. 30266      

July 1, 1991

57 Fed. Reg. 22178      

May 27, 1992

The Board incorporated the Phase II corrections and certain

elements of the Phase IIB rules into docket R91-3 and adopted

amendments based on those corrections on November 19, 1992.

Certain, limited, core Phase IIB amendments remain outstanding.

Section 17.5 of the Environmental Protection Act (Act)

requires the Board to adopt regulations that are “identical in

substance’ with USEPA drinking water rules adopted pursuant to

Sections 1412(b), 1414(c), 1417(a), and 1445(a) of the Safe

Drinking Water Act (P.L. 93-523), as amended (SDWA). The term

“identical in substance” has been defined in Section 7.2 of the

Act. Section 7.2(b) of the Act requires the Board to adopt a

rule within one year of adoption of federal rule, unless the

Board extends the time based on a finding that the time is

insufficient and stating the reasons. It appears that adoption

of the regulations in this docket, is already delayed (as

explained below). The Board is therefore entering this order to

extend the time.

The USEPA SDWA rules are located at 40 CFR 141 through 143.

These have been the subject of two recent amendments, discussed

above. The federal amendments of June 7, 1991 (docket R91-15)

were due on or before June 7, 1992. Those of July 1, 1991 were

due July 1, 1992.

The Board hereby that necessary delays in adopting the

amendments involved in R91-3 have resulted in unavoidable delay

in proceeding with the amendments of dockets R91-15 and R92-3.

The amendments involved in both dockets interrelate with those of

docket R9l—3 in such a way that it was impossible to proceed with

the R92-3 amendments until the R91-3 amendments were adopted.

Many of the same Sections are involved in both proceedings, and,

in fact, docket R9l-3 included many amendments nominally within

the present time-frame of docket R92—3. It was even impossible

until completion of the R91-3 amendments to predict when the

0137-0722

Board could complete the R92-3 amendments.

Further, USEPA did

not release the guidance documentation relating to Lead and

Copper rules until November, 1992. We find tlis guidance

information important to deciding how to approach various issues

raised by

the federal rules. Therefore, we find that an

extension of time is warranted and necessary and enter this order

at this time.

We presently anticipate completion of a proposal for public

comment on or before our regularly—scheduled meeting of February

25, 1993. After allowing Board staff a brief, but sufficient,

time to obtain publication in the Illinois Register, and

allowing

at least 45 days for public comment, the Board believes that we

will conclude this rulemaking on or before our regularly-

scheduled meeting of June 3, 1993.

Pursuant to Section 7.2(b)

of the Act, the Board will submit

a copy of the text of this order for publication in the Illinois

IT IS SO ORDERED.

I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control

Board, d? hereby certify that the above order was adopted on the

day of 

4~ -~-~/

1992, by a vote of

/~i~

Thorothy M. 9~nn, Clerk

Illinois PoUution Control Board

0137-0723