RECE~VED~
CLERK’S OFF~CF
BEFORE THI~
i~I~~\9~L
BOARD
OCT 82004
OF
STATE OF
lLUNO~S
IN THE MATTER OF:
L.,.~)
U
‘JU U
Pollution Control
Boarc~
)
REVISIONS TO RADIUM WATER
)
QUALITY STANDARDS: PROPOSED
)
R04-21
NEW
35
ILL. ADMIN. CODE 302.307
)
Rulemaking
-
Water•
AND
AMENDMENTS TO
35
ILL. ADMIN.
)
CODE 302.207
AND
302.525
)
NOTICE OF FILING
To:
See Attached
Service
List
Please take notice that on October 8, 2004, we filed with the Office of the Clerk of the
Illinois Pollution Control Board, an original and ten copies of the attached Testimony
Of Dr.
Brian
D. Anderson
And
Angela Aye Tin
On Behalf Of Water Remediation Technology,
LLC
a copy ofwhich is served upon you.
WRT Environmental Illinois LLC
~
One ofIts Attorneys
Jeffrey C. Fort
Letissa Carver Reid
Sonnenschein Nath
&
Rosenthal LLP
8000 Sears Tower
233 S. Wacker Drive
Chicago, IL 60606-6404
THIS FILING IS BEING SUBMITTED
ON
RECYCLED PAPER
BEFORE
BOARD
CLE
IN THE MATTER OF:
STATE
~cT
OF
- 8
ILLtNO~
200k
REVISIONS TO RADIUM WATER
pollution ContrO’
Boaro
QUALITY STANDARDS: PROPOSED
)
R04-21
NEW 35 ILL.
ADMIN.
CODE 302.307
)
Rulemaking
-
Water
AND AMENDMENTS
TO 35 ILL.
ADMTN.
)
CODE 302.207 AND 302.525
)
TESTIMONY OF DR.
BRIAN
D. ANDERSON AND ANGELA
AYE
TIN
ON BEHALF OF WATER REMEDIATION TECHNOLOGY, LLC’
My name is Angela Aye Tin, and I am currently an environmental consultant for
Environmental Planning Solutions, Inc., in Springfield, Illinois. I was formerly a senior
policy analyst with the Illinois Environmental Protection Agency and was employed
there for 22 years. I worked in the Bureaus of Water, Land and Air pollution and held:
both technical and managemerit positions. Previous to this position, I was with the
Southern Illinois University School of Medicine and was responsible for a Gas
Chromatography, High Pressure Liquid Chromatography and Gas Chromatography Mass
Spectrometry Lab. We performed contract analysis work for the Illinois EPA. I hold a
Masters Degree in Cell Biology from the University of Illinois Springfield, and a
Bachelor’s Degree in Physiology from Southern Illinois University Carbondale.
My name is Dr. Brian D. Anderson. I am currently the Chairman of the
Department of Biology and Physical Sciences at Lincoln Land Community College in
Springfield, Illinois. I was formerly the Director ofthe Office of Resource Conservation
of the Illinois Department of Natural Resources, the Director of the Office of Scientific
Research and Analysis of the Illinois Department of Natural Resources, The
Conservation 2000 Coordinator for the Illinois Department of Natural Resources,
Director of the Illinois Nature Preserves Commission, and Natural Heritage Database
Coordinator for the Kentucky Nature Preserves Commission. I hold a Ph.D. in Biology
from the University of Louisville, a Master’s Degree in Zoology from DePauw
University, and a Bachelor’s Degree in Biology from Kalamazoo College.
This testimony will comment upon the Illinois Environmental Protection
Agency’s report that, “Illinois EPA conducted a literature search for radium impacts to
aquatic life and found no papers or other information on this subject (Mosher, 2004).” It
will ‘also submit information that is contrary to the testimony ofIBPA (Agency) staff that
“there is no data for radium to indicate what the threshold concentration would be to
protect aquatic life” and contradicts’ the conclusion that elimination ofthe general water
‘This testimony is intended to be presented at the hearingto be held in this matter on October 21. Due to
scheduling constraints, it may be presented entirely by either Dr Anderson or Ms Tin. They have
collaborated in its preparation.
)
)
)
quality standard for radium is justified because “The Agency’s proposal to remove the
General Use and Lake Michigan standards, and establish a Public and Food Processing
Water Supply standard at the federal MCL for radium 226 and 228 is protective of all
uses that maybe impacted by radium (Mosher, 2004).”
In the first matter, Dr. Anderson conducted a literature search using abstract:.
services available via the Internet to any resident of the Lincoln Land Community
College District (all or parts of9 counties surrounding and including Sangamon County).
He searched the FirstSearch and EBSCOhost abstracts, searching only for the keyword
“radium” in the title of the journal article. Five hundred and fifty three
(553)
citations.
were returned which met the search parameters. Of these, 37 dealt with the release to,
transport within, or impacts upon, ecological systems. Of those, 12 specifically reference:
the uptake of radium by non-human organisms in their titles. He supplemented this
information with internet searches using search parameters including the word “radium”
which returned results which included fact sheets and toxicityprofiles from several ofthe
Agency’s sister state and federal agencies. It would appear the Agency’s literature search,
was overly narrow and totally ignored the literature on’ the biological effects ofradiation.
generally from radioisotopes. Since biological damage is caused by the radiation, rather
than chemical activity at the molecular level, all such information is relevant to an’
assessment ofthe effects ofradium on biota.
Contrary to the Agency’s testimony before the Board, the available scientific
information that was found establishes that:
•
Radium produces alpha, beta and gamma radiation like all other
radioisotopes (there are 40 radioisotopes like radium which are known to
occur naturally).
•
There is 50 years of data identifying the various negative impacts of
radiation upon a spectrum of animals and plants.
•
It isn’t necessary to do species specific studies on whether radium can
harm a particular species inhabiting in Illinois. All radiation can have
harmful effects upon living cells.
•
Risk increases directly with increases in exposure to radiation, no matter
the source.
•
No increase in radiation above background levels is without risk, i.e., there
is no “safe” level, only levels with minimal increases in risk (Illinois
Department ofPublic Health, 2004).
•
Radium is a known carcinogen (Illinois Department of Public Health
2004). It is bioaccumulative and bioconcentrating (Agency for Toxic’
Substances and Disease Registry, 1990).
2
•
Radium is closely related chemically to calcium. It moves easily through
the environment and it can become very concentrated in calcium-rich
tissues like bones and mollusk shells.
•
Radium also concentrates in sediments and sewage sludge, potentially.’
creating “hot, spots’ in stream sediments below discharges and
contaminating sewage treatment facilities.
•
In Florida (Technical Report to the Southwest Florida Water Management.
District, 2000) in lakes that are recharged with groundwater containing’
low levels ofradium 226 (levels less than 5 Pico Curies/liter):
The sediments (20.4 Pico Curies/gram radium 226) are over
3.5
times the EPA clean up standard of
5
Pico Curies/gram over.
background. Typically, the increase ofradium in the sediments is
10 times over background.
Freshwater mussel flesh contains 200 Pico Curies/gram Radium
226. A level that would require that the flesh be sent to a low level
radioactive waste site.
Elevated levels ofradium have been found in fish bone and flesh.
The concentration of radium in newly deposited sediment is
increasing dramatically as new sediments are being deposited.
(See attached charts, University ofFlorida, 2004)
At Elliot Lake, Canada in a lake that has only 2 Pico Curies/liter
radium 226 below a Uranium Mine, elevated Radium has been
found in cattails and in muskrats that eat the cattails (Clulow,
1996).
Clearly it has been shown that the biological mechanisms and pathways of,
exposure exist to ‘allow radium to present a risk to aquatic life if discharged at
concentrated levels into the environment. It is particularly problematic when bio-
accumulation of radium in mussels occurs. The Illinois mussel fauna is already under
severe pressure with 27 species of mussels listed as endangered or threatened species in
the state (Endangered Species Protection Board, 1999). The Illinois Department of
Natural Resources possesses site specific information for all known occurrences of listed
species and the EPA has a statutory obligation under the Illinois Endangered Species
Protection Act to consult with IDNR on potential impacts to listed species associated
with any proposed action. Further, predation on mussels by fish, waterfowl, otters,
raccoons, and muskrats is well documented. Some species like raccoon, common ,red
horse, and many species of diving ducks (including commercially valuable, hunted
species like the ring-necked duck, or “bluebill”) selectively feed on mussels and could
3
both be in direct danger ofreceiving concentrated exposures and subsequently, serving as
pathways to other predators and scavengers, like bald eagles or other raptors.
On another front, the land application ofwaste treatment sludge that exhibits high
concentrations of radium opens up the possibility of many terrestrial pathways for
exposure, including bio-accumulation in indigenous vegetation or in planted crops, or,
uptake by birds, snakes, turtles, or shrews when eat earthworms.
With regard to the levels of radium that would pose a threat to aquatic life,
considerable scientific consideration has also been given this question. The U.S.
Department of Energy (DOE) Biota Dose Advisory Committee has developed a
standardized methodology that calculates that Radium levels over 3.75 Pico Curies/liter
in water of combined radium 226 and radium 228 is above the threshold to protect
aquatic and riparian wildlife populations (Biota Dose Advisory Committee, 2000). DOE
Standard 1153-2002,
“A GradedApproach for Evaluating Radiation Doses to Aquatic
and TerrestrialBiota,”
was specifically developed to identif~’threshold levels ofspecific
radioisotopes below which impacts to biota have not been observed.
In conclusion, contrary to earlier EPA testimony, this scientific literature, clearly
documents the risk that radium presents to aquatic biota. We, therefore, recommend that
the current general standard for radium 226 of 1 Pico, Curie/liter remain in place’
(recognizing there is a concomitant contribution ofradiation from radium 228), until such.
time that the Agency familiarizes themselves with the environmental risks posed by
radium and DOE Standard 1153-2002 and formulates a more defensible proposal. In my
opinion, if there is affordable technology available that avoids the need to reintroduce
radium to the environment, it should be employed.
Thank you for your attention, I will be glad to answer any questions you may
have.
References:
Agency for Toxic Substances and Disease Registry (ATSDR). 1990.
Toxicological Profilefor Radium.
Atlanta, GA: U.S. Department of Health and Human Services, Public Health Service.
Biota Dose Committee. 2O00~
A graded Approach for Evaluating Radiation Doses to Aquatic and
Terrestrial Biota for use in DOE Compliance and Risk Assessment Activities.
DOE Standard: DOE-,
STD-1153-2002.
Clulow et al. 1996.
Radium-226 in Cattalls, Typha latjfolia, and Bone of Muskrat, Ondatra ziethica.
(L.), From a Watershed
with
Uranium Tailings Near the
City
ofElliot Lake, Canada.
Environmental’.
Pollution, Vol. 91, No. 1, pp 41-51.
Endangered Species Protection Board,
,
1999.
Endangered and Threatened Species List.
http://dnr.state.il.us/espb/datelist.htm
Illinois Department of Public Health 2004.
Environmental Fact Sheet: Radium in Drinking Water.
http://www.idph.state.il.us/envhealth/factsheets/radium.htm
4
Mosher, 2004.
Pre-filed Testimony of
Robert
Moshur before thepollution control board=on=Rule,naking
R 04-21.
Illinois Environmental Protection Agency.
Technical Report for the Southwest Florida Water Management District. 2000.
Human Health Risk
Assessment and Preliminaiy Ecological Evaluation Regarding Potential Exposure to Radium-226 in
Several Central Florida Lake Ecosystems.
Prepared by: Hazardous Substances and Waste
Management Research, Inc.
University of Florida, 2004.
Paleolimnology ofFour Groundwater-Augmented Florida Lakes (Charles,
Crystal, Little Hobbs,’ Saddleback).
Prepared by: Department of Geological Sciences and Land Use
and Environmental Change Institute, University of Florida.
5
Paleolimnology of Four Groundwater-Augmented Florida Lakes (Charles, Crystal, Little Hobbs,
Saddleback) Department of Geological Sciences and Land Use and Environmental Change Institute,
University of Florida
—
August 2004.
6
RECEIVED
CLERKS OFFICE
J\°
- . LJj~\~I
‘.~ ~ . ~
Pollution
oCr~8
Control
2004.
Boaro
CERTIFICATE OF SERVICE
The undersigned, an attorney, certify that I have served upon the individuals named on
the attached Notice of Filing true and correct copies of the Testimony
Of Dr. Brian D.
Anderson And Angela Aye Tin On Behalf Of Water Remediation Technology, LLC
and
First Class Mail, postage prepaid on October 8, 2004.
SERVICE LIST
R04-2 1
Dorothy Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Amy Antoniolli
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Deborah J. Williams
Stèfanie N. Diers
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Joel J. Stemstein, Assistant Attorney General
Matthew J. Dunn, Division Chief
Office ofthe Illinois Attorney General,
Environmental Bureau
188 West Randolph
20th
Floor
Chicago, 1L60601
Jonathan Furr, General Counsel
Illinois Department ofNatural Resources
One Natural Resources Way
Springfield, IL 62701
Richard Lanyon
Metropolitan Water Reclamation District
100 East Erie Street
Chicago, IL 60611
Roy M. Harsch
SashaM. Engle
Gardner Carton & Douglas
191 North Wacker Drive
Suite 3700
Chicago, IL 60606-1698
Claire A. Manning
Posegate & Denes
111 North Sixth Street
Springfield, IL 62701
Lisa Frede
CICI
2250 East Devon Avenue
Suite239
Des Plaines, IL 60018
‘
William Seith
Total Environmental Solutions
631 East Butterfield Road
Suite3l5
Lombard, IL 60148
Albert F. Ettinger
Environmental Law and Policy Center
35 East Wacker Drive
Suite 1300
.
Chicago, IL 60601
John McMahon
Wilkie & McMahon
8 East Main Street
Champaign, IL 61820
.
Dennis L. Duffield
City ofJoliet
Department ofPublic Works and Utilities
921 East Washington Street
Joliet, IL 60431
Abdul Khalique
Metropolitan Water Reclamation District of
Greater Chicago
6001 West Pershing Road
Cicero, IL 60804
1,1777572
