ILLINOIS POLLUTION CONTROL BOARD
    March 8, 1990
    CITY OF BATAVIA,
    )
    Petitioner,
    )
    V.
    )
    PCB 89—183
    (Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    CONCURRING OPINION (by B. Forcade and J.D. Dumelle):
    In this proceeding, Batavia is seeking relief from
    restricted status due to combined radium. The concentration of
    radium in the water supply is never clearly stated, but it
    appears that Batavia is asserting concentrations between 7.5 and
    9.5 pCi/I. The most recent MAC violation printout from the
    Agency shows a value of 21.2 pCi/i. Braidwood’s original
    variance petition asserts minimal environmental impact due to
    these levels based on the testimony of Drs. Toohey and Stebbings
    in R85—l4. That testimony does not support such a conclusion for
    values above 20 pCi/i. While we would strongly disagree with the
    methods used by Dr. Toohey to derive his estimates, he only
    addressed levels up to 20 pCi/I:
    To summarize, in my professional opinion,
    there will be no adverse health risk from
    granting the Agency proposed rule changes to
    those municipalities which have radium in
    their drinking water at levels from 5 to and
    including 20 pCi/l or which have gross alpha
    particle activity in their drinking water at
    levels from 15 to and including 60 pCi/l.
    (R85—l4; Agency Exhibit 4~l3Prepared Testimony
    of Richard E. Toohey, Ph. D.; August 2, 1985,
    p. 7).
    In point of fact, the Agency had also clearly limited its support
    regarding a relaxation of restricted status to those communities
    with combined radium levels at or below 20 pCi/i:
    30. The Agency believes the numerical limits
    for radium and gross alpha activity
    concentrations should be four times higher
    109—289
    2
    than they are now before the effects of
    restricted status should be imposed, that is,
    20 pCi/I for combined radium-226 and radium-
    228 and 60 pCi/i for gross alpha.
    31. The Agency believes there is some
    potential ill health attributable to any
    exposure to ionizing radiation, including
    combined radium-226 and -228 and gross alpha
    activity.
    (R85-14, Proposal for Amendments to Public
    Water Supply Regulations, June 12, 1985,
    paragraphs 30-31).
    The same day that Dr. Toohey gave his testimony, August 2, 1985,
    the Journal of the American Medical Association, (Vol 254, No. 5,
    August 2, 1985 p. 621) contained an article, “Association of
    Leukemia with Radium Groundwater Contamination.” Dr. Toohey’s
    analysis did not include evaluation of the health effects of
    radium induced Leukemia.
    Surely the state of knowledge on the effects of radium has
    advanced in the last five years. The National Research Council
    has produced Health Effects of Radon and Other Internally
    deposited Alpha-Emitters (BEIR IV, 1988) and Health Effects of
    Exposure to Low Levels of Ionizing Radiation (BEIR V, 1990). We
    believe this case is a proper place to evaluate those advances.
    Batavia is asking the Board to evaluate old data, which may
    not have been intended to cover their situation, as justification
    for a variance. At 21.2 pCi/l, Batavia would be one of the
    highest levels of combined radium contamination which we can
    recall in our history of variance proceedings. We would have
    clearly required Batavia to justify the lack of adverse health
    risk from drinking water for a lifetime at its present radium
    levels in the Order issued today. Since that action was not
    taken, we choose to raise the issue in a Concurring Opinion.
    r
    2
    /
    “2~~
    Bill Forcade
    —
    /
    J. D. Dumeile
    Board Member
    Board Member
    1
    fl9—290
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, he~y certify that the above Concurring Opinion was filed
    on the
    ‘f~-~
    day of
    __________________,
    1990.
    DorothyM./,óunn,
    ,~,
    Clerk
    /LYJ
    Illinois ~állution Control Board
    109—291

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