ILLINOIS POLLUTION CONTROL BOARD
December 15,
1988
IN THE MATTER OF:
)
AMENDMENTS TO 35
ILL. ADM.
)
R84—12
CODE 604.203 AND 605.104 OF
)
SUBTITLE
F:
PUBLIC WATER
)
SUPPLIES (Trihalomethanes)
PROPOSED RULE.
FIRST NOTICE.
OPINION AND ORDER OF THE BOARD
(by J.D. Dumelle):
On October
5,
1982 the Board adopted amendments
to Chapter
6:
Public Water Supply
(now 35
Ill.
Adm. Code Subtitle
F)
in
R81—i1
(49 PCB l01).*
That action established
a maximum
allowable concentration of 0.10 mg/i
for Total Trihalomethanes
(TTHM)
in finished drinking water
(35 Iii. Adm. Code 605.104).
Those rules,
however, applied only
to water supplies serving over
10,000 individuals.
In the Second Notice Opinion issued on July
21,
1982
(47 PCB 453),
the Board
stated:
Since these smaller supplies generally use
groundwater sources and have shorter transport
time,
they are considerably less likely to
have TTHM levels exceeding the 0.10 mg/i
standard.
At the same time, universal
applicability would greatly
increase the
number
of water sample analyses which Illinois
Environmental Protection Agency would have
to
perform.
After more data are gathered on
existing TTHM levels,
the Board may consider
an additional rulemaking to protect public
water supplies serving less than 10,000
people.
Thus, on May
3,
1984,
the Board entered an Order authorizing
inquiry hearings “to consider expanding the applicability of 35
Ill.
Adm. Code 604.203 and 605.104.”
Two such hearings were held
on August 16 and 28,
1984.
*
Given the close
relationship between this proceeding and
R81—ll,
the Board on April
4,
1985 incorporated by reference the
record,
opinions and orders of
that proceeding
into this one.
References
to the R81—1l transcript and exhibits are given as
(R8l—ll,
___)
and (R81—li,
Ex.
___)
respectively.
References
to
the R84—l2 transcript
and exhibits are given as (R84—l2,
___)
and
(R84—12 Ex.
____)
respectively.
94—17 1
—2--
Procedural History
On April
4,
1985,
the Board adopted an order proposing to
amend
35 Ill.
Adm. Code 604.203 such that the TTHM standard of 35
Ill. Adm. Code 604.202 would be made applicable
to all public
water supplies and
to amend
35 Ill. Adm. Code 605.104 such that
the sampling requirement would be extended to surface water
supplies serving fewer
than 10,000 people.
Public hearings on
the proposed rule were held on May 31,
1985,
and October
22,
1985.
On June 27,
1986,
the Illinois Environmental Protection
Agency (Agency) submitted
its proposal
to amend 35
Iii. Adm. Code
604.203 and 605.104 and to add
35
Ill.
Adm. Code 601.105.
A
public hearing was held on June
30,
1986
to support and to
question the Agency proposal.
On October
22, 1986,
the Department of Energy and Natural
Resources
(DENR) submitted its determination that an Economic
Impact Study
(EcIS) was necessary and would be prepared.
On
October
7,
1987,
DENR submitted the completed EcIS to the
Board.
Hearings on the EcIS were conducted on April
27,
1988 in
Carbondale,
Illinois,
and on May 12,
1988 in Chicago,
Based on the record that has been prepared, the Board today
adopts for First Notice the Agency’s proposal, with certain
modifications,
to amend 35
Ill. Adm. Code 601.105, 604.203, and
605.104.
Federal Drinking Water Regulations Status
As a preliminary matter, both at hearing on June 30,
1986,
and
in comments submitted June 13,
1988,
the Agency stated that
USEPA is
in the process of proposing and promulgating new
drinking water standards for disinfection byproducts
including
the four limitations
for trihalomethanes and suggested that the
Board wait until USEPA has acted.
In the June,
1988,
comments,
the Agency stated “the
proposed regulations were
to have been
completed last month and may be
imminent.”
On October
24,
1988,
USEPA published
its semiannual Regulatory Agenda
(53 Fed.
Reg.
42492).
USEPA’s current timetable for proposing criteria for
disinfection treatment processes
is
as follows:
Notice of
Proposed Rulemakings
—-
September,
1990, Final Action
——
September,
1991.
As the Board can complete this proposed rule
change well before that September 1991 date,
the Board
is not
persuaded to await federal action.
If and when federal action
is
completed,
the Board’s
regulations can be
reviewed for
consistency, and
if necessary, can be up—dated at that time.
Background
Trihalornethanes
are organic chemicals consisting of one
carbon atom,
one hydrogen atom and three halogen atoms
(R8l—ll,
94—172
—3—
21).
These are formed when free chlorine reacts with naturally
occurring compounds which are generally produced by decaying
vegetation (R8l—ll,
21).
Research by the National Cancer
Institute and the National Academy of Sciences shows
that TTHMs
may
be carcinogenic and can lead to liver or kidney disorders,
birth defects and central nervous system damage
(R8l—ll,
23 and
R8l—l1,
Ex.
9).
In recognition of these possible adverse health effects,
the
United States Environmental Protection Agency
(USEPA) promulgated
federal regulations
(44 Fed. Reg.
68624,
R8l—l-l,
Ex.
4,
R8l—ll,
23—24)
establishing a maximum allowable concentration of total
trihalomethanes of 0.10 mg/l and monitoring schedules.
The
federal
regulations are part of the Interim Primary Drinking
Water Regulations
(40 CFR Part 141) under the Safe Drinking Water
Act
(42 U.S.C.
300f et seq.) which requires states
to adopt rules
at least as stringent as the USEPA rules
to retain primary
enforcement responsibilities
(R81—ll,
27).
If primacy
is not
retained,
federal funding
of
the program could be lost
for
the
entire public water supply program (R81—ll, 28-29).
The present
TTH~4
standard of 0.10 mg/I applicable to public
water supplies serving over 10,000 people was set on the basis of
the USEPA standard which
in turn was at
a level which was
estimated
to allow for “one excess cancer death for every 10,000
to 100,000 people with
a lifetime exposure to this
in their
drinking water”
(R8l—ll,
24).
This standard has allowed the
state
to retain primacy.
Board Proposal
As previously stated,
the Board adopted on April
4, 1985,
a
proposal
to make the 0.10 mg/i TTHM standard currently applicable
to public water supplies serving over 10,000 people also
applicable to public water supplies serving fewer than 10,000
people.
The Board believes that people served by small public water
supplies should be afforded the same protections as those served
by larger suppliers.
To this end,
the Board proposed essentially
two amendments
to the existing public water supply regulations
(35
Il..
Adm.
Code 604.203 and 605.104).
Generally speaking,
the
amendments are explained
as follows:
Section 604.203:
The Board proposed
to amend
subsection
(d)(2), which currently states
that
the 0.10 mg/i TTHM standard “does not apply
to
supplies serving less than 10,000
individuals.”
The Board proposal deletes that
exclusion and would require compliance
to be
achieved by the small water supplies
by
a date
certain,
i.e.,
January 1,
1990.
94—173
—4—
Section 605.104:
The Board proposed to add
a
new subsection
(b)
relating
to “surface water
supplies for supplies serving fewer than
10,000 individuals.”
The proposed subsection
would require
the surface water supplier
to
submit at least one initial sample per
treatment plant for maximum total
trihalomethane potential
(MT?)
(defined at 35
Ill. Adm. Code 601.105) analysis.
After
that,
the supplier could request the Agency to
determine that the results
of the sample and
the local conditions indicate that the supply
is not likely to approach or exceed the
Maximum Allowable Concentration, such that the
supply could continue
to submit one annual
sample.
If the sample exceeds
the Maximum
Allowable Concentration or
if
it cannot
be
analyzed for MTP,
the supplier must submit
samples quarterly in accordance with 35
Ill.
Adm.
Code 605.104(a),
i.e.,
the requirement
for supplies serving 10,000 people or more.
The Board’s rationale, with respect to both the technical
feasibility and economical reasonableness,
for proposing the
amendments
is adequately set forth
in the April
4, 1985
Opinion.
That rationale
is incorporated
herein.
Agency proposal
On June 27,
1986,
the Agency submitted its own proposal
to
amend the trihalomethane regulations with respect to supplies
serving less than 10,000 people.
The Agency proposal was the
subject of public hearing on June 30,
1986 attended by Board
staff, Agency staff,
and members
of the public.
The Agency
proposal differed from the Board proposal
in certain fundamental
respects.
Section 106.105:
The Agency proposed
to add
a
definition of “Maximum Residence Time
Concentration” for use
as an alternative
analysis
to the MTP analysis proposed by the
Board.
The definition
is set forth
in the
proposed amendment to Section 601.105
in the
Order.
Section 604.203:
The Agency proposed no
change
to subsection (d)(2).
The Agency would
continue
to exempt supplies serving
fewer
than
10,000 people from compliance with 35
Iii.
Adm. Code 605.104.
94—174
—5—
Section 605.104:
The Agency proposed to
require supplies
(of less than 10,000)
to
submit at least one initial sample per
treatment plant for “MRTC analysis between May
1,
1987 and October 31,
1987.”
Thereafter,
much like the Board proposal,
the supplier can
request the Agency
to determine that only one
annual sample per treatment plant need be
submitted to the Agency between May
1 and
October
31.
In support of its proposed amendments to the Board proposal,
the Agency indicated that revision was necessary
to lessen the
impact on smaller water supplies and on the Agency.
At hearing
on June 30,
1986,
the Agency stated that further revision
is
necessary to remove the requirement for measuring the “Maximum
Trihalomethane Formation Potential
(MTP).”
R84—12,
R.
at 226.
The Agency stated
that:
The MTP analysis
is extremely labor—intensive
and expensive, and results will certainly
require further THM testing.
In view of
the
evidence presented,
the Agency strongly
recommends that the MTP requirement
be deleted
and
replaced with
a sampling program to
determine THM levels
in samples collected from
points
in distribution systems having maximum
residence time.
The rule change
the Agency
is proposing
provides that surface and surface—connected
water supplies serving
less than 10,000 people
initiate sampling
to determine the extent
to
which THMS may
be forming
in the distribution
system.
This will allow collection of information
to
determine the prevalence
of small supplies
which may have TtIMs
in excess of the
standard.
It will also allow time for those
supplies which exhibit
a tendency
to have THM5
in excess
of the standard
to take steps
to
achieve voluntary compliance
by making
adjustments
to the treatment process.
R84—l2,
R.
226—227.
Consistent with this position, the Agency proposed that the
smaller water suppliers submit samples for “Maximum Residence
Time Concentration”
(MRTC)
analysis.
For clarity,
the Agency
proposed
a definition of MRTC,
i.e.,
“the concentration of
total
trihalomethanes found
in
a water sample taken
at
a point of
maximum residence time
in the public water supply system.”
94—175
—6—
Economic Impact
The Economic Impact Study
(EcIS) submitted by the Department
of Energy and Natural Resources (DENR) addresses the economic and
operational implications of both
the Board and the Agency
proposals.
DENR found that there are 381 Illinois public water
supplies potentially affected by the proposed regulations.
Further, DENR determined that these 381 public water supplies
serve
a total of 846,432 individuals.
That
is, 846,432 more
people will be protected against trihalotnethan.es in public
drinking water supplies.
DENR estimated
that the annualized
monitoring costs
incurred under the Board proposal would be
$131,612
($103,981 incurred by the State,
$27,631 incurred by the
public water
supply),
and that the annualized monitoring costs
incurred under
the Agency proposal would
be $113,562
($85,930
incurred by the State,
$27,631 incurred by the public water
supply).
Thus,
the Agency monitoring proposal would cost
approximately $18,050 less per year than the Board proposal.
This works out to
a
total direct cost
of conducting
a MTP test
(Board proposal)
at $125.80 compared with $78.40
for
a one—sample
TTUM test
(Agency proposal).
EcIS at
37.
In light of the fact that USEPA and
the State have
previously concluded that the potential health effects were great
enough to warrant adoption of trihalomethane regulations
for
public water supplies serving more than 10,000 people,
the Board
does not believe that the costs associated with either of the
proposals is unreasonable.
However,
to minimize the impact upon
the public water supplies and upon the Agency,
the Board will
proceed with the less expensive proposal,
i.e., the Agency
proposal.
However,
the Board believes that certain revisions
to
the Agency proposal are necessary
(1)
to accomplish
the goal of
reducing the amount of the trihalomethanes
to acceptable levels,
and
(2)
to comply with the rulemaking requirements of
the
Administrative Procedure Act.
Revisions To Agency Proposal
First,
the Board notes
that the Agency proposed
a definition
for
“maximum residence time concentration”
of total
trihalomethanes found
in
a water sample taken at
a point of
maximum residence time in the public water supply.
At hearing,
Board staff questioned the definition of
“maximum residence time”
and questioned the possible value
in proposing
a definition for
it as well.
Thereafter,
the Agency suggested
as a definition
for
maximum residence time:
“an active part of the distribution
system
remote from the treatment plant.”
The Board has amended
this proposed definition
for purposes of First Notice and
requests comment on
it.
94—176
—7—
Second,
the Agency proposed no amendment to
35
Ill. Adm.
Code 604.203(d)(2),
i.e., which excludes from the 0.10 mg/i
standard supplies serving less than 10,000 people.
The Board
believes that this subsection must
be amended if supplies serving
fewer than 10,000 people are to meet the 0.10 mg/l standard,
which
is the goal of this rulemaking proceeding.
Therefore,
this
subsection
is amended
to require compliance by supplies serving
fewer than 10,000 by a date certain.
The date of January
1,
1990,
is the date proposed so as
to provide notice to public
water supplies well
in advance, and to provide time for
completion of this rulemaking proceeding.
Third,
the Board has amended the second sentence of Section
605.104(b)
of the Agency proposal as follows:
“After written
request by the supply and the determination by the Agency that
the results of
the sample ~r~d~
e~n~~rt~
indicate that the
supply
is not likely to ~ppr~eh
er exceed
...“
The Board
believes that “and local conditions” and “approach” are terms too
uncertain and would only confuse those who must comply with
the
regulation.
Fourth, because the final two sentences proposed
in Section
605.104(b) were the same
as the existing language
in 605.104(a),
the Board has simply referenced Section 605.104(a)
rather than
restate the language.
Finally,
the Board requests comment on three aspects of the
record.
First,
at hearing on June 30,
1986,
the Agency stated
that
57 public water supplies were surveyed by taking three
samples from the mid—point of the distribution system and one
from the point of maximum residence time during each quarter.
(R84—12, 224.)
As Section 605.104(a)
is silent on where samples
should be collected,
the Board questions whether or not the
1an~uageof Section 605.104(a)
should be amended
to clarify
specifically where samples should
be taken.
Second,
the final
sentence
of Section 605.104(b)
states
“if the sample
...
cannot
be analyzed
for MRTC,
the supply shall submit samples
in
accordance with Section 105.104(a).”
The Board requests comment
on
(1) when
a sample cannot be analyzed for MRTC,
and
(2) whether
some other method of testing should be specified, such as
permitting sampling from points
of less than maximum residency
time, when
a sample cannot be analyzed
for MRTC.
Third,
the
Board recognizes
that the Agency’s workload will be affected by
this
rule.
The Board requests comment on what value
a
“phasing
in” period would offer.
For example, would administration of the
rule be more effective
if it were made applicable
in the first
year
to public water supplies serving 5,000
to 9,999,
in the
second year
to public water supplies serving 2,500
to 4,999, and
then
in the third year
to public water supplies serving under
2,500 people?
94—177
—8—
ORDER
The following amendments are hereby proposed for First
Notice.
The Clerk of the Board
is directed
to submit these
proposed amendments
to the Secretary of State
for publication
in
the Illinois Register.
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE F:
PUBLIC WATER SUPPLIES
CHAPTER I:
POLLUTION CONTROL BOARD
PART 601
INTRODUCTION
Section
601.101
General Requirements
601.102
Applicability
601.103
Severability
601.104
Analytical Testing
601.105
Definitions
Appendix
References
to Former Rules
AUTHORITY:
Implementing Section
17 and authorized by Section 27
of the Environmental Protection Act
(Ill. Rev.
Stat.
1987,
ch.
111 1/2, pars.
1017 and 1027).
SOURCE:
Filed with Secretary of State January
1,
1978;
amended
at
2 Ill.
Reg.
36,
p.
72, effective August 29,
1978;
amended at
3
Ill. Reg.
13,
p.
236, effective March 30, 1979;
amended and
codified at 6
Ill. Reg.
11497, effective September 14,
1982;
amended at
6
Ill. Reg.l4344, effective November
3,
1982;
amended
in R84—l2 at
___
Reg.
_________
eff~ective
__________________
Section 601.105
Definitions
“Point Of Maximum Residence Time”
means that part of
the active portion of
the distribution system remote
from the treatment plant where
the water has been
in the
distribution system for the longest period of time.
“Maximum Residence Time Concentration”
(MRTC) means the
concentration of total trihalomethanes found
in
a water
sample taken at
a point of maximum residence time
in the
public water supply distribution system.
(SOURCE:
Amended at
Ill.
Reg.
effective
_______________
TITLE
35:
ENVIRONMENTAL PROTECTION
94—178
—9—
SUBTITLE F:
PUBLIC WATER SUPPLIES
CHAPTER I:
POLLUTION CONTROL BOARD
PART 604
FINISHED WATER AND RAW WATER QUALITY AND QUANTITY
SUBPART A:
BACTERIOLOGICAL QUALITY
Section
604.101
604. 102
604.103
604.104
604.105
Standard Sample
Total Coliform Limits
Total Coliform Check—Samples
Bacterial Plate Count Sample
Bacterial Plate Count Limits
SUBPART B:
CHEMICAL AND PHYSICAL QUALITY
Finished Water Quality
Contaminants and Maximum Allowable Concentrations
Exceptions
to Maximum Allowable Concentrations
Action Pursuant
to Exceedance of Maximum Allowable
Concentration
SUBPART C:
RADIOLOGICAL QUALITY
Radium—226,
—228, and Gross Alpha Particle Activity
Man—Made Radioactivity
Determining Maximum Allowable Concentrations
SUBPART
D:
CHLORINATION AND FLUORIDATION
Sec?ion
604.401
604
.
402
604.403
604.404
604. 405
Section
604.501
604. 502
Appendix
Chlorination Requirement
Chlorination Exemption Requirements
Conditions
for Obtaining
a Written Chlorination
Exemption
Loss of Chlorination Exemption
Fluoridation Requirement
SUBPART
E:
RAW WATER
Raw Water Quality
Raw Water Quantity
References
to Former Rules
AUTHORITY:
Implementing Section 17 and authorized
by Section 27
of
the Environmental Protection Act
(Ill.
Rev.
Stat.,
1987,
ch.
111 1/2, pars.
1017 and 1027).
Section
604.201
604. 202
604.203
604. 204
Section
604. 301
604. 302
604. 303
94—179
—10—
SOURCE:
Filed with Secretary of State January
1,
1978;
amended
at
2
Ill. Reg.
36,
p.
72, effective August
29,
1978;
amended at
3
Ill.
Reg. 13,
p.
236, effective March
30,
1979;
amended and
codified
at
6
ill.
Reg.
11497, effective September 14,
1982; amended at
6
Ill. Reg.l4344,
effective, November
3, 1982;
amended
in R84—12 at
____
Ill.
Reg.
effective
__________________
Section 604.203
Exceptions
to Maximum Allowable Concentrations
d)
Total Trihalomethanes:
2)
Supplies serving ~5yOOO 10,000
or more individuals
shall comply with the Total Trihalomethanes
standard
listed in Section 604.202 by the e?fee~ye
de~eef these reg~4~erts. Supplies serving ~Oy69O
~O
~4~999 fewer
than 10,000 individuals shall
comply with this standard by Nevember 57 3983
January 1,
1990.
Ph4s s~n~er~
does no~epp~yto
s~pp34es~eru~ing3~essthere 307009
~flV~~5-
(SOURCE:
Amended at
___
Ill. Reg.
effective
________________)
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE
F:
PUBLIC WATER SUPPLIES
CHAPTER
I: POLLUTION CONTROL BOARD
PART 605
SAMPLING AND MONITORING
Section
605.101
Frequency of Bacteriological Sampling
605.102
Minimum Allowable Monthly Samples for
Bacteriological Analysis
605.103
Frequency of Chemical Analysis Sampling
605.104
Frequency of Trihalometharie Analysis Sampling
605.105
Monitoring Requirements for Radium—226, —228,
and
Gross Alpha Particle Activity
605.106
Monitoring Frequency for Radium—226,
—228,
and
Gross Alpha Particle Activity
605.107
Monitoring Requirements for Man—Made Radioactivity
605.108
Monitoring Frequency for Man—Made Radioactivity
605.109
Surface Water Supplies Additional Monitoring
Requirements
605.110
Modification of Monitoring Requirements
Appendix
References
to Former Rules
AUTHORITY:
Implementing Section 17 and authorized by Section 27
of the Environmental Protection Act
(Ill.
Rev. Stat.
1987,
ch.
111 1/2, pars.
1017 and 1027).
94—180
—11—
SOURCE:
Filed with Secretary of State January
1,
1978;
amended
at
2 Ill. Reg.
36, p.
72, effective August 29,
1978;
amended and
codified at 6
Ill. Reg.
11497,
effective September 14,
1982;
amended at
6 Ill. Reg.
14344, effective November
3, 1982;
amended in R84—12 at
____
Ill. Reg.
______,
effective
____________________
Section 605.104
Frequency of Trihalomethane Analysis Sampling
a)
Surface Water Sources for Supplies Serving Over 10,000
Individuals:
Supplies serving over 10,000
individuals
shall submit at least
four samples per treatment plant
per quarter
for analysis or analytical results from a
certified laboratory
for Total Trihalomethanes
to the
Agency.
After results of four consecutive quarters
demonstrate consistent Total Trihalomethanes
concentrations below the Maximum Allowable
Concentration,
and upon written application by the
supply,
the Agency may reduce the sampleing frequency
to
one sample per quarter until the Maximum Allowable
Concentration
is exceeded or until
a significant change
in source or treatment method
is made.
b)
Surface Water Sources for Supplies Serving Fewer than
10,000 Individuals:
Surface water sources for supplies
serving fewer than 10,000 individuals shall submit at
least one initial
sample per treatment plant for MRTC
analysis between May
1,
1989 and October 31,
1989.
After written request by the supply and the
determination by the Agency that the results
of the
sample indicate that the supply
is not likely to exceed
the Maximum Allowable Concentration,
the supply shall
continue to submit one annual sample per treatment
plant,
or report of analysis by
a certified laboratory
to the Agency between May
1 and October
31 of succeeding
years.
If the sample exceeds the Maximum Allowable
Concentration
or cannot
be analyzed for MRTC,
the supply
shall submit
to the Agency samples
in accordance with
the sampling frequency specified
in Section 605.104(a)
above.
cb)
Ground Water Sources for Supplies Serving Over 10,000
Individuals:
Supplies serving 10,000
individuals
or
more shall submit at leas one sample per treatment plant
for MTP analysis.
After written request by the supply
and the determination by the Agency that the results
of
the sample and local conditions
indicate that the supply
is not likely
to approach or exceed
the maximum
allowable concentration, the supply shall continue
to
submit one annual sample per treatment plant,
or
report
of analysis by certified laboratory
to the Agency.
If
94— 181
—12—
the sample exceed the Maximum Allowable Concentration or
cannot be analyzed for MTP,
the supply shall submit
samples
in accordance with Section 605.104(a).
d)
Ground Water Sources for Supplies Serving Fewer Than
10,000 Individuals
—
Supplies serving fewer than 10,000
individuals are not required
to submit samples for
trihalomethane analysis under this Section.
(SOURCE:
Amended at
___
Ill.
Reg.
effective
________________)
IT
IS SO ORDERED.
I, Dorothy M. Gunn, Clerk
of
the Illinois Pollution Control
Board, hereby certify that the above 0p
ion and Order was
adopted on the
/~7tZ~
day of
_____________
1988 by
a vote
of
____________.
orothy M. ~inn, Clerk
Illinois Pdllution Control Board
94—182
