FIRST DRAFT (5/6/98 by MJM)

ILLINOIS POLLUTION CONTROL BOARD

June 21, 2001

IN THE MATTER OF: )

)

SDWA UPDATE, USEPA AMENDMENTS ) R01-20

(July 1, 2000, through December 31, 2000; ) (Identical-in-Substance Rulemaking -

Radionuclides) ) Public Water Supply)

Proposed Rule. Proposal for Public Comment.

OPINION OF THE BOARD (by R.C. Flemal):

Under Sections 7.2 and 17.5 of the Environmental Protection Act (Act) (415 ILCS 5/7.2

and 17.5 (2000)), the Board proposes amendments to the Illinois regulations that are “identical in

substance” to drinking water regulations that the United States Environmental Protection Agency

(USEPA) adopted to implement Sections 1412(b), 1414(c), 1417(a), and 1445(a) of the federal

Safe Drinking Water Act (SDWA) (42 U.S.C. §§ 300g-1(a), 300g-3(c), 300g-6(a), and 300j-4(a)

(2000)). The nominal timeframe of this docket includes federal SDWA amendments that

USEPA adopted in the period July 1, 2000, through December 31, 2000.

Sections 7.2 and 17.5 provide for quick adoption of regulations that are identical in

substance to federal regulations that USEPA adopts to implement Sections 1412(b), 1414(c),

1417(a), and 1445(a) of the federal Safe Drinking Water Act (SDWA) (42 U.S.C. §§ 300g-1(a),

300g-3(c), 300g-6(a), and 300j-4(a) (2000)). Section 17.5 also provides that Title VII of the Act

and Section 5 of the Administrative Procedure Act (APA) (5 ILCS 100/5-35 and 5-40 (2000)) do

not apply to the Board’s adoption of identical-in-substance regulations. The federal SDWA

regulations are found at 40 C.F.R. 141 through 143.

This opinion supports an order that the Board also adopts today. The Board will cause

the proposed amendments to be published in the

Illinois Register

and will hold the docket open

to receive public comments for 45 days after the date of publication.

FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING

The following briefly summarizes the federal actions considered in this rulemaking.

Docket R01-7: July 1, 2000, through December 31, 2000, SDWA Amendments

USEPA amended the federal SDWA regulations on only one occasion during the period

July 1, 2000, through December 31, 2000. This is summarized below:

65 Fed. Reg. 76708 (December 7, 2000)

USEPA adopted national primary drinking water regulations (NPDWRs) for

radionuclides.

No Later SDWA (Drinking Water) Amendments of Interest

The Board engages in ongoing monitoring of federal actions. As of the date of this

opinion and accompanying order, we have not identified any USEPA actions since December 31,

2000, that further amend the SDWA rules. When the Board observes an action outside the

nominal timeframe of a docket that would require expedited consideration in the pending docket,

the Board will expedite consideration of those amendments. Federal actions that could warrant

expedited consideration include those that directly affect the amendments involved in this

docket, those for which compelling reasons would warrant consideration as soon as possible and

those for which the Board has received a request for expedited consideration. If the Board

identifies any federal actions that fulfill these criteria prior to final action on the present

amendments, it may include those amendments in the present update docket R01-20.

PUBLIC COMMENTS

The Board will receive public comments on this proposal for 45 days following its

publication in the

Illinois Register

. After that time, the Board will immediately consider

adoption of the amendments, making any necessary changes made evident through the public

comments. The Board will file any adopted rules with the Secretary of State immediately after

adoption.

As of the adoption of this proposal for public comment, the Board has received one

public comment. That public comment is described as follows:

PC 1 The Illinois Environmental Protection Agency (Agency): “In the Matter

of: SDWA Amendments (July 1, 2000, through December 31, 2000, R01-

20, Submission of Proposed Corrections to 35 Ill. Adm. Code 611,” dated

March 26, 2001, from Stephen C. Ewart, Deputy Counsel, Division of

Legal Counsel (received April 2, 2001).

By PC 1, the Agency submitted a number of corrections that it wishes to see to the text of

the identical-in-substance SDWA regulations generally. Nearly all of the Agency-suggested

corrections would have no substantive effect on the rules. The Agency requests and the Board

responses are discussed in the appropriate segment of this opinion (beginning on page 6 below).

DISCUSSION

The following discussion begins with a description of the types of deviations the Board

makes from the literal text of federal regulations in adopting identical-in-substance rules. It is

followed by a discussion of the amendments and actions undertaken in direct response to the

federal actions involved in this proceeding. This first series of discussions is organized by

federal subject matter, generally appearing in chronological order of the relevant

Federal

Register

notices involved. Finally, this discussion closes with a description of the amendments

and actions that are not directly derived from the federal actions.

General Revisions and Deviations from the Federal Text

In incorporating the federal rules into the Illinois system, some deviation from the federal

text is unavoidable. This deviation arises primarily through differences between the federal and

state regulatory structure and systems. Some deviation also arises through errors in and problems

with the federal text itself. The Board conforms the federal text to the Illinois rules and

regulatory scheme and corrects errors that we see in the text as we engage in these routine update

rulemakings.

In addition to the amendments derived from federal amendments, the Board often finds it

necessary to alter the text of various passages of the existing rules as provisions are opened for

update in response to USEPA actions. This involves correcting deficiencies, clarifying

provisions, and making other changes that are necessary to establish a clear set of rules that

closely parallel the corresponding federal requirements within the codification scheme of the

Illinois Administrative Code.

The Board updates the citations to the

Code of Federal Regulations

to the most recent

version available. As of the date of this opinion, the most recent version of the

Code of Federal

Regulations

available to the Board is the July 1, 2000 version. Thus, we have updated all

citations to the 2000 version, adding references to later amendments using their appropriate

Federal Register

citation, where necessary.

The Board substituted “or” for “/” in most instances where this appeared in the federal

base text, using “and” where more appropriate. The Board further used this opportunity to make

a number of corrections to punctuation, grammar, spelling, and cross-reference format

throughout the opened text. We changed “who” to “that” and “he” or “she” to “it,” where the

person to which the regulation referred was not necessarily a natural person, or to “he or she,”

where a natural person was evident; changed “which” to “that” for restrictive relative clauses;

substituted “must” for “shall”; capitalized the section headings and corrected their format where

necessary; and corrected punctuation within sentences.

In addition, the federal rules have been edited to establish a uniform usage throughout the

Board’s regulations. For example, with respect to “shall,” “will,” and “may,” “must” is used

when an action is required by the rule, without regard to whether the action is required of the

subject of the sentence or not. “Shall” is no longer, since it is not used in everyday language.

Thus, where a federal rule uses “shall,” the Board substitutes “must.” This is a break from our

former practice where “shall” was used when the subject of a sentence has a duty to do

something. “Will” is used when the Board obliges itself to do something. “May” is used when

choice of a provision is optional. “Or” is used rather than “and/or,” and denotes “one or both.”

“Either . . . or” denotes “one but not both.” “And” denotes “both.”

The Joint Committee on Administrative Rules (JCAR) has requested that the Board refer

to the United States Environmental Protection Agency in the same manner throughout all of our

bodies of regulations—

i.e.

, air, water, drinking water, Resource Conservation and Recovery Act

(RCRA) Subtitle D (municipal solid waste landfill), RCRA Subtitle C (hazardous waste),

underground injection control (UIC), etc. The Board has decided to refer to the United States

Environmental Protection Agency as “USEPA.” We will continue this conversion in future

rulemakings, as additional sections become open to amendment. We will further convert “EPA”

used in federal text to “USEPA,” where USEPA is clearly intended.

The Board has assembled tables to aid in the location of these alterations and to briefly

outline their intended purpose. The tables set forth the miscellaneous deviations from the federal

text and corrections to the pre-amended base text of the rules in detail. The tables are set forth

and explained beginning at page 9. There is no further discussion of most of the deviations and

revisions elsewhere in this opinion.

Discussion of the Federal Action

NPDWR for Radionuclides—Sections 611.130, 611.330, 611.330, 611.331, 611.720, 611.731,

and Appendices A, G, and H

On December 7, 2000 (65 Fed. Reg. 76708), USEPA adopted final NPDWRs for

radionuclides. The standards for radionuclides that existed prior to this action were interim

NPDWRs adopted by USEPA in 1976. Included in the newly revised standards were maximum

contaminant levels (MCLs) and monitoring, reporting, and public notification requirements for

community water systems. USEPA instituted new monitoring requirements for uranium, a

previously unregulated contaminant; combined radium (Ra

226

+ Ra

228

); and gross alpha particle,

beta particle, and photon radioactivity. The MCLs for combined radium and gross alpha particle,

beta particle, and photon radioactivity remained unchanged from the standards for those

contaminants in the interim NPDWRs.

The Board has incorporated the federal amendments into the Illinois drinking water

regulations with minimal deviation from the literal text of the federal amendments. Persons

interested in the substance of the underlying federal action should refer to the notice that

appeared in the December 7, 2000 issue of the

Federal Register

. Table 1, which begins on page

10 of this opinion, outlines the deviations from the literal text of the federal rules that the Board

found necessary to incorporate the amendments. The Board will offer no explanation of most of

those deviations beyond that set forth in the table. We do, however, explain the more significant

deviations in this discussion.

One deviation from the literal text of the federal rules relates to the differences in the

types of relief available under State and federal law. In 40 C.F.R. 142.65, USEPA sets forth the

requirements for “variances and exemptions” from the MCLs for radionuclides. Federal

“variances” and “exemptions” are creatures of Sections 1415 and 1416 of SDWA. 42 U.S.C.

300g-4 and 300g-5 (2000). These are very different from a variance in Illinois under Section 35

of the Act (415 ILCS 5/35 (2000)) and an adjusted standard under Section 28.1 of the Act (415

ILCS 5/28.1 (2000)). The Board has codified the federally derived provisions relating to

variances and exemptions in Sections 611.111, 611.112, 611.130, and 611.131. Sections

611.111, 611.112, and 611.131 each outline requirements comparable to a specific type of

federally derived relief from the generally applicable rules. Section 611.130 sets forth the special

requirements applicable to relief from specific NPDWRs. Beginning in SDWA Update, USEPA

Regulations (July 1, 1998, through December 31, 1998) (July 22, 1999), R99-12, we have further

referred to relief from an NPDWR as “relief equivalent to a SDWA Section 1415 variance” or

“relief equivalent to a SDWA Section 1416 exemption.”

Keeping with this scheme, the Board has codified 40 C.F.R. 142.65 as new Section

611.130(g). We have further referred to “relief equivalent to a SDWA Section 1415 variance”

and “relief equivalent to a SDWA Section 1416 exemption” in subsections (g)(5) through (g)(7).

Further, the information set forth in Tables A, B, and C to 40 C.F.R. 142.65 is also set forth in

Tables B, C, and D to 40 C.F.R. 141.66, respectively. The Board has codified 40 C.F.R. 141.66

as 35 Ill. Adm. Code 611.330, and the tables are codified at Section 611.330(g) and (h). Rather

than repeat the tables in Section 611.130, like USEPA did in 40 C.F.R. 142.65, the Board has

cross-referenced the tables in Section 611.330.

Another deviation from the literal text of the federal text relates to limitations on the

application of reverse osmosis (RO). A problem arises in incorporating the literal federal text

into note (c) to the table at Section 611.330(h). In corresponding note (c) to Table C to 40 C.F.R.

141.66, USEPA refers to “other RO limitations described in the SWTR Compliance

Technologies Table.” We cannot include such a statement in the Illinois regulations without also

setting forth the limitations to which it would refer. After considerable staff research and staff

consultation with federal staff of the Safe Drinking Water Hotline (800-426-4791), the Board has

determined that the limitations on the application of RO referred to by note (c) to Table C to 40

C.F.R. 141.66 are set forth in an August 6, 1998

Federal Register

notice.

Specifically, it appears that Table C to 40 C.F.R. 141.66 derives from Table 13 in the

August 6, 1998

Federal Register

notice entitled, “Announcement of Small System Compliance

Technology Lists for Existing National Primary Drinking Water Regulations and Findings

Concerning Variance Technologies.” 63 Fed. Reg. 42032 (August 6, 1998). Note (c) to that

Table 13 refers to “other RO limitations described in the SWTR Compliance Technologies

Table.” See 63 Fed. Reg. at 42043. This

Federal Register

notice contains another table entitled,

“Table 2—SWTR Compliance Technology Table: Filtration,” which lists three notes in the

column labeled “Limitations.” That column sets forth three limitation footnotes for the RO

entry. 63 Fed. Reg. at 42036-37. The Board believes that these are the “other RO limitations” to

which USEPA refers in 40 C.F.R. 141.66. Thus, we have included those three limitations in a

Board note attached to note (c) in the table at Section 611.330(h).

A third noteworthy deviation from the literal text of the federal regulations is the Board’s

specification that particular Agency decision making is to be accomplished by the use of the

special exception permit (SEP) mechanism. Segments of the federal radionuclide monitoring

requirements in 40 C.F.R. 141.26 allow the States site-specific flexibility in application of the

requirements. In the Illinois SDWA regulations, Section 611.110 provides for the Agency

granting a SEP that provides for site-specific application of the rules at a facility. A grant of a

SEP is an Agency exercise of its authority under Section 39 of the Act (415 ILCS 5/39 (2000))

that may be appealed to the Board pursuant to Section 40 of the Act. 415 ILCS 5/40 (2000).

Thus, in codifying this federal provision in the Illinois rules, the Board has added references to

the SEP procedure at Sections 611.731(b)(2)(C), (b)(3), and (d); 611.732(a), (a)(2), (b), (b)(2),

(b)(4), and (b)(5); and 611.733(a) and (d).

A final series of deviations from the literal text of the federal amendments relate to the

effective date of the federal amendments. The federal amendments are not effective until

December 8, 2003. This presents the Board with three related problems. We must preface the

new provisions as effective December 8, 2003, we must preface expiring provisions as effective

until December 8, 2003, and we must maintain two versions of affected provisions where parallel

expiring and new versions exist.

Adding language to preface new provisions with their delayed effective dates presents no

problem. The Board has done so in Sections 611.130(g), 611.330(d) through (f), 611.731(a)

through (e), 611.732(a) through (f), and 611.733, for all the new federal provisions that become

effective on December 8, 2003. These provisions correspond with 40 C.F.R. 142.65, 141.66(d)

through (f), 141.26(a)(1) through (a)(5), 141.26(b)(1) through (b)(6), and 141.26(c), respectively.

Similarly, adding language to preface the expiration of existing provisions when the new

amendments become effective on December 8, 2003 does not present a problem. The Board has

added language relating to the December 8, 2003 expiration of Sections 611.331; 611.731(f), (h),

and (i); and 611.732(g) and (i) through (k). These correspond with existing 40 C.F.R. 141.16;

141.26(a)(1), (a)(3), and (a)(4); and 141.26(b)(1) and (b)(3) through (b)(5), respectively.

A minor problem arises where the Board must retain both the existing and the amended

versions of the text. USEPA amended 40 C.F.R. 141.26(a) and (b), effective December 8, 2003.

This will require the codification of the presently effective text in parallel with the text as

amended effective December 8, 2003. Under the federal codification scheme, this does not

present a problem. The Government Printing Office will print the repealed segments of the

federal regulations in the

Code of Federal Regulations

along with the text of the December 7,

2000 amendments, with appropriate effective date notes, until it removes the presently effective

text in the July 1, 2004 edition of the

Code of Federal Regulations

. The federal codification

scheme allows the simultaneous codification of two versions of the federal rules. Thus, the July

1, 2001 through July 1, 2003 editions of the

Code of Federal Regulations

will have two different

versions of 40 C.F.R. 141.26(a) and (b); one marked as superceding the other effective December

8, 2003.

Under the Illinois Administrative Procedure Act (5 ILCS 100 (2000)) and applicable

Secretary of State regulations (1 Ill. Adm. Code 100 (2000)), the Board cannot simultaneously

codify two versions of the regulations in this manner. For this reason, we have renumbered

segments of the text in order to codify both the presently effective version together with the

version effective December 8, 2003. This will allow us to adopt the regulations before the

statutory deadline of December 7, 2001 and fulfill our identical-in-substance mandate under

Section 7.2(b) of the Act (415.ILCS 415 (2000)). For this reason, the Board proposes to codify

the new versions of 40 C.F.R. 141.26(a)(1) through (a)(5) as 35 Ill. Adm. Code 611.731(a)

through (e), and the Board has proposed renumbering what is presently codified as 35 Ill. Adm.

Code 611.731(a) through (d) (derived from existing 40 C.F.R. 141.26(a)(1) through (a)(4)) as 35

Ill. Adm. Code 611.731(f) through (i). Similarly, the Board proposes to codify the new versions

of 40 C.F.R. 141.26(b)(1) through (b)(6) as 35 Ill. Adm. Code 611.732(a) through (f), and the

Board has proposed renumbering what is presently codified as 35 Ill. Adm. Code 611.731(a)

through (e) (derived from existing 40 C.F.R. 141.26(a)(1) through (a)(5)) to 35 Ill. Adm. Code

611.731(g) through (k).

Codifying two separate versions of the text was not necessary for 35 Ill. Adm. Code

611.330(b) and (c), which set forth the numerical standards for combined radium-224 and -226

and gross alpha particle activity. These provisions formerly derived from 40 C.F.R. 141.15(a)

and (b), respectively. Effective December 8, 2003, the new provisions of 40 C.F.R. 141.66(b)

and (c) will supercede 40 C.F.R. 141.15(a) and (b), which USEPA has removed. Although there

is a change in wording in shifting from existing 40 C.F.R. 141.15(a) and (b) to new 40 C.F.R.

141.66(b) and (c), there is no change in the substance of these provisions. For this reason, the

Board proposes immediately replacing the older text of 35 Ill. Adm. Code 611.330(b) and (c)

(derived from 40 C.F.R. 141.15(a) and (b), which is removed by USEPA effective December 8,

2003) with the new text of 35 Ill. Adm. Code 611.330(b) and (c) (derived from 40 C.F.R.

141.66(b) and (c), which is effective December 8, 2003).

The Board requests public comment on our incorporation of the December 7, 2000

federal amendments to the radiologic contaminant rules into the Illinois drinking water

regulations. In particular, we request specific comment on our substitution of “relief equivalent

to a Section 1415 variance” and “relief equivalent to a Section 1416 exemption” for the federal

“variance” and “exemption,” our inclusion in a Board note of the conditions found in the August

6, 1998

Federal Register

to the limitations on RO in the rule, the use of the SEP to implement

regulatory flexibility, and on the way we have dealt with the December 8, 2003 effective date for

these amendments.

Agency-Requested Corrections—Numerous Sections in Part 611

The Agency has requested, in PC 1, that the Board correct the text of various segments of

Part 611. None of these Agency-requested corrections would have a substantive effect on the

regulations. Those requested corrections are summarized in a tabular form as follows:

Correct “exceedance” to “exceedence” Headings for Section 611.908 in the table of

contents and the text; the heading for Section

611.909 in the table of contents; the text of

Sections 611.261(e)(2); 611.351(c)(1);

611.357(d)(2); 611.358(a)(2)(A) and (b);

611.521(e); 611.745(c)(1) and (c)(2);

611.901(a)(3)(B); Section 611.902(a)(2), (a)(3),

(a)(4), and (a)(6); 611.903(b)(3)(B); 611.908(a);

611.Appendix G (I)(A)(5), (I)(A)(7), (IV)(A),

(IV)(B), and endnote 6; and 611.Appendix H

(85a) and endnote 10 (26 occurrences).

Restore missing text adopted in docket

R00-10

Sections 611.526(c)(6), (c)(7), (f)(5), (f)(6), and

(f)(7).

Delete “the” from “no later than the the

following”

Section 611.510(a)(1)

Changed “below” to “of this Section” Section 611.601(a)(3)

Correct “antimoney” to “antimony” Section 611.609(b)

The Board has reviewed the text of the identical-in-substance regulations of Part 611 and

each of the Agency suggestions. We propose several amendments as a result for the purposes of

public comment. The following paragraphs outline the Board’s responses to each of these groups

of requested corrections.

1. Spelling of “Exceedence” or “Exceedance”

The word “exceedence” or “exceedance” is relatively new to the English language. Of all

the references available to the Board, the word appears only in the Encarta World English

Dictionary.

In that reference the word appears as “exceedance.” Encarta World English

Dictionary 620 (1999). The word appears as “exceedance” in the definition of “exceedance

probability” in another reference. Dictionary of Environmental and Civil Engineering 195

(2000). The Board has so far used the spelling, “exceedance,” used by USEPA where the word is

used in the federal regulations. See

, e.g.,

40 C.F.R. 141.87(d)(2) and 141.201(a)(3)(ii).

However, the word “exceed” derives from the Latin “

excedere,

” and the standard practice is to

add the suffix “-ence” or “-ance” to create the noun form depending on the vowel at the end of

the Latin word that forms the root, although there are enough exceptions to create confusion on

the spellings of the words created in this way. New Shorter Oxford English Dictionary (4th ed.

1993). Thus, the standard rule would require the spelling “exceedence.”

The Agency cited Section 611.643(c)(1) and (c)(2) and 611.902(3). The Agency should have

cited Section 611.745(c)(1) and (c)(2) and 611.902(a)(3).

Notably, among the references checked, the word did not appear in the Random House

Webster’s Unabridged Dictionary (2d ed. 1998), the New Shorter Oxford English Dictionary (4th

ed. 1993), The Chambers Dictionary (2000), or the Langenscheidt’s New College Merriam-

Webster English Dictionary (2000).

In response to the Agency’s comment, the Board proposes revising the spelling to

“exceedence” in accordance with the Agency comments. We do this for the purposes of gaining

public comment on the spelling of “exceedence” or “exceedance.” The Board has reviewed the

entire text of Part 611 for occurrences of the word “exceedance.” In addition to the 26

occurrences in ten Sections cited by the Agency, the Board has found another occurrence in a

Section listed by the Agency, Section 611.901(a)(3)(C), and another three occurrences in three

Sections not listed by the Agency, Sections 611.262(a)(2), 611.904(a)(5), and 611.909 heading.

We have added these occurrences of “exceedance” so that we are not forced to make the change

in spelling in a piecemeal fashion. The Board requests comment on the appropriate spelling of

the word “exceedence” or “exceedance” and on whether we should change all occurrences of

“exceedance” to “exceedance” in Part 611 at this time.

2. Doubled Article

Another correction in the text of Part 611 sought by the Agency is the deletion of an extra

definite article in “no later than the the following” in Section 611.510(a)(1). The Board has

proposed correcting this error in this proceeding. We request comment on our removal of the

extra article in this docket.

3. Missing Text

No Board action is required on a related pair of Agency-suggested corrections. The

Agency requested that the Board restore the text of Section 611.526(c)(6), (c)(7), (f)(5), (f)(6),

and (f)(7) that the Board added in Safe Drinking Water Update, USEPA Regulations (July 1,

1999, through December 31, 1999) (August 24, 2000), R00-10. Examination of the text of

Section 611.526, as on file with the Office of the Secretary of State, discloses that the Agency-

cited segments of text are not missing. There is no need to amend Section 611.526 at this time.

4. Subsection Cross-References

Another correction suggested by the Agency is based on a JCAR stylistic preference. The

Agency has asked that we change the reference to “subsection (b)(5) below” to read “subsection

(b)(5) of this Section. This is a style change often suggested by JCAR in these identical-in-

substance proceedings, and the Board has been in the process of changing references to

“subsection . . . above” and subsection . . . below” to “subsection . . . of this Section” at the

request of JCAR in the opened Sections over the past several years.

In response to the Agency request to correct the text of Section 611.601(a)(3), the Board

has searched the entire text of Part 611 for other occurrences of “subsection . . . above” and

subsection . . . below.” We have found occurrences in 12 Section, at Sections 611.110(d)(2)

Board note, (e) Board note, and 611.110(g) Board note; 611.130(a)(1), (a)(3), (b)(1), (b)(3),

(c)(3), (d), (e), and (c)(5); 611.261(b)(8)(F), (b)(8)(G), (b)(9), and (b)(9)(A); 611.301(c);

611.350(b) “action level” and “90th percentile level”, (c)(3)(C), and (d)(2); 611.351 preamble,

(a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (b)(1), (b)(3), (b)(4)(C), (b)(5), (b)(6)(A), (b)(6)(D),

(b)(6)(E), (b)(7), and (b)(7)(A); 611.356(d)(4)(B)(i); 611.510(a) Board note, (b), (b)(1), (b)(2),

(b)(3), (b)(4)(A), (b)(4)(B), (b)(9) Board note, and (d); 611.521(c)(2), (c)(3), and (c)(4);

611.601(a)(2) and (b); 611.602(i)(3); 611.603(b)(1), (b)(2), (c), (h)(1), and (h)(3). For the

purposes of eliciting public comment on the Agency suggestion and on correcting all occurrences

of this JCAR-disfavored construction throughout the text of Part 611, the Board proposes the

Agency-requested change in these numerous locations in the text of the rules. We invite

comment on this proposed revision.

5. Spelling of “Antimony”

A final Agency suggestion is that the Board correct the spelling of “antimony” in Section

611.609(b). The Board proposes this correction. We invite public comment on our correction of

the spelling.

Agency or Board Action

Section 7.2(a)(5) of the Act requires the Board to specify portions of the program USEPA

over which will retain decision making authority. Based on the general division of functions

within the Act and other Illinois statutes, the Board is also to specify which State agency is to

make decisions.

In situations in which the Board has determined that USEPA will retain decision-making

authority, the Board has replaced “Regional Administrator” with USEPA, so as to avoid

specifying which office within USEPA is to make a decision.

In some identical-in-substance rules, certain decisions pertaining to a permit application

are not appropriate for the Agency to consider. In determining the general division of authority

between the Agency and the Board, the following factors should be considered:

1. Whether the person making the decision is applying a Board regulation, or taking

action contrary to (“waiving”) a Board regulation. It generally takes some form of

Board action to “waive” a Board regulation.

2. Whether there is a clear standard for action such that the Board can give

meaningful review to an Agency decision.

3. Whether the action would result in exemption from the permit requirement itself.

If so, Board action is generally required.

4. Whether the decision amounts to “determining, defining or implementing

environmental control standards” within the meaning of Section 5(b) of the Act.

If so, it must be made by the Board.

There are four common classes of Board decisions: variance, adjusted standard, site-

specific rulemaking, and enforcement. The first three are methods by which a regulation can be

temporarily postponed (variance) or adjusted to meet specific situations (adjusted standard or

site-specific rulemaking). There often are differences in the nomenclature for these decisions

between the USEPA and Board regulations.

Discussion of Miscellaneous Housekeeping Amendments

The tables below list numerous corrections and amendments that are not based on current

federal amendments. The first table (beginning immediately below) includes deviations made in

this Proposal for Public Comment from the verbatim text of the federal amendments. The

second table (beginning below at page 19) contains corrections and clarifications that the Board

made in the base text involved in this proposal. The amendments listed in this second table are

not directly derived from the current federal amendments. Some of the entries in these tables are

discussed further in appropriate segments of the general discussion beginning at page 2 of this

opinion.

Table 1:

Deviations from the Text of the Federal Amendments

Illinois Section 40 C.F.R. Section Revision(s)

611.102(b) NTIS

“Maximum Permissi-

ble Body . . .”

141.66(g) Added a comma before “as amended” to

offset a parenthetical

611.130(g) 142.65 Changed the entire federal section into a

subsection; added the federal effective date

in parentheses

611.130(g)(1) 142.65(a)(1) Changed “variances and exemptions” to

“relief”

611.130(g)(1)(A) 142.65(a)(1)(i) Replaced “the Administrator, . . . the

following” with the cross-reference

“Section 611.330(g) . . . has identified”;

added the standard abbreviation “BAT” in

parentheses; deleted the parenthetical “as

shown . . . this paragraph”; deleted Table A

in favor of a reference to identical

information in Section 611.330(g)

611.130(g)(1)(B) 142.65(a)(1)(ii) Replaced “the Administrator, . . . the

following” with the cross-reference “to the

technologies listed . . . has identified”;

changed “best available technology” to

“BAT”; deleted the parenthetical “as shown

. . . this paragraph”; deleted Table C in

favor of a reference to identical information

in the second table in Section 611.330(h)

611.130(g)(2) 142.65(a)(2) Changed “a State shall” to “the Board will”;

changed “community water systems” to “a

CWS supplier”; changed “and/or” to “and”;

changed “Table A to this section” to

“Section 611.330(g)”; changed “Table B

and Table C of this section” to “listed in

Section 611.330(h)”; changed “shall” to

“will”; removed “under . . . the Act”

611.130(g)(3) 142.65(a)(3) Changed “community water system” to

“CWS supplier”; changed “State” to

“Board”

611.130(g)(4) 142.65(a)(4) Changed “State” to “Agency”; changed “the

Administrator . . . may” to “it may request

that the Board”; changed “system” to

“supplier”; changed “and/or” to “and”;

changed “under . . . the Act” to “pursuant to

. . . the Act”; changed “State’s” to

“Agency’s”; changed “shall” to “must”

611.130(g)(5) 142.65(a)(5) Changed “State” to “Board”; added a

comma after “devices” to offset the final

element of a series; changed “a variance or

an exemption” to “relief equivalent to . . .

exemption”

611.130(g)(6) 142.65(a)(6) Changed “community water systems that

use” to “a CWS supplier”; changed “a

variance or an exemption” to “relief

equivalent to . . . exemption”

611.130(g)(7) 142.65(a)(7) Changed “community water systems that

use” to “a CWS supplier”; changed “a

variance or an exemption” to “relief

equivalent to . . . exemption”

611.130(g) Board note 142.65 Added a note citing the federal source of

this subsection

611.330(a) 141.66(a) Replaced the federal “reserved” marking

with explanatory language

611.330(d)(2) 141.66(d)(2) Changed “table A” to “the following table”;

changed “2 liter per day” to “two liters per

day”; added a comma before “using” to

offset a parenthetical; hyphenated “168-

hour”; added “set forth”; added cross-

reference for incorporation by reference;

added “available from the”

611.330(d)(2) table 141.66 Table A Removed “Table A” from the table

heading; removed the number from the first

column heading and renumbered tritium

and strontium-90 as “1” and “2,”

respectively; changed “shall” to “must”

611.330(f) 141.66(f) Removed the subsection heading

“compliance dates” and the subsection

designation “(1)” in the absence of a second

subsection; changed “Community water

systems” to singular lower-case “a CWS

supplier”; changed “(b), (c), (d), and (e)” to

“(b) through (e)”; added a comma after

“2003” to offset a parenthetical; changed

“shall” to “must”; changed “on December

8, 2003” to “before December 8, 2003”

611.330(g) 141.66(g) Changed “the Administrator . . . hereby

identifies” to “USEPA has identified the

technologies”; added “as”; added the

standard abbreviation “BAT” in

parentheses; changed “maximum

contaminant levels” to the standardized

abbreviation “MCLs”

611.330(g) table 141.66 Table B Removed “Table B” from the table heading;

added a period after the numbers preceding

the first-column entries

611.330(h) table 141.66 Table C Removed “Table C” from the table heading;

added a period after the numbers preceding

the first-column entries

611.330(h) table

note 1

141.66 Table C note 1 Added quotation marks to the reference title

“Safe Water . . . Small Communities”;

offset “National Academy Press” with

commas

611.330(h) table note c 141.66 Table C note c Added a Board note to explain and amplify

the federal language “See other . . .

Technologies Table” by reference to the

August 6, 1998 issue of the

Federal

Register

611.330(h) table 141.66 Table D Removed “Table D” from the table

heading; added a period after the numbers

preceding the first-column entries

611.330(h) table

note 1

141.66 Table D note 1 Changed “in the table C of 141.66(h)” to

“in the table, ‘List of Small . . . to Use,’ set

forth above”

611.720(c)(1) 141.25(c)(1) Added a comma before “the detection

limit” to offset a parenthetical; retained

“must” in place of “shall”; added “set forth

in”; changed “Table B to this paragraph” to

“the following table”; changed the ending

punctuation to a colon

611.720(c)(1) table 141.25 Table B Removed “Table B” from the table heading;

changed “reserved” to “none” in the entry

for uranium; added a Board note explaining

the source of the table

611.720(c)(2) 141.25(c)(2) Added a comma before “the detection

limits” to offset a parenthetical; retained

“must” in place of “shall”; changed “Table

C to this paragraph” to “the following

table”; changed the ending punctuation to a

colon

611.720(c)(2) table 141.25 Table C Removed “Table C” from the table heading;

revised the Board note to explain the source

of the table

611.731 141.26(a) Retained the material from 40 C.F.R.

141.26(a) as a separate Section 611.731;

retained the existing text of 40 C.F.R.

141.26(a) as subsections (a) through (d),

and added the text of amended 40 C.F.R.

141.26(a) as subsections (e) through (i)

611.731(a) 141.26(a)(1) Added “effective December 8, 2003”;

changed the subsection level; changed

“community water systems (CWSs)” to

singular “a community water system (CWS)

supplier”

611.731(a)(1) 141.26(a)(1)(i) Changed the subsection level; changed

“existing community water systems” to

singular “an existing CWS supplier”

(twice); changed “using ground water,

surface water or systems using both ground

water and surface water” to “using

groundwater, surface water, or both

groundwater and surface water”; changed

“systems” to “a supplier”; changed

“system” to “supplier”; changed “State” to

“Agency”

611.731(a)(2) 141.26(a)(1)(ii) Changed the subsection level; changed

“new community water systems” to singular

“a new CWS supplier”; changed “all new

CWSs or CWSs that use” to “a new CWS

supplier or a CWS supplier that uses”;

changed “CWSs” to “a CWS supplier”;

changed “State” to “Agency”; changed

“which” to “that” for a restrictive relative

clause

611.731(b) 141.26(a)(2) Added “effective December 8, 2003”;

changed the subsection level; changed

“systems” to “a CWS supplier”

611.731(b)(1) 141.26(a)(2)(i) Changed the subsection level; changed

“systems” to “a CWS supplier”

611.731(b)(2) 141.26(a)(2)(ii) Changed the subsection level; changed

“States may allow” to “a CWS supplier may

use”; changed “for the following” to “under

the following”

611.731(b)(2)(A) 141.26(a)(2)(ii)(A) Changed the subsection level; changed

“community water system” to “CWS

supplier”

611.731(b)(2)(B) 141.26(a)(2)(ii)(B) Changed the subsection level; changed

“community water system” to “CWS

supplier”

611.731(b)(2)(C) 141.26(a)(2)(ii)(C) Changed the subsection level; changed

“community water system” to “CWS

supplier”; changed “State” to “Agency”

(twice); changed “a written finding” to “its

finding in writing”; added “by a SEP . . .

Section 611.110” as a parenthetical;

changed “these requirements” to “the

requirements of this subsection (b)(2)”

611.731(b)(3) 141.26(a)(2)(iii) Changed the subsection level; changed

“State” to “Agency”; added “by a SEP . . .

Section 611.110” as a parenthetical

611.731(b)(4) 141.26(a)(2)(iv) Changed the subsection level; changed

“system” to “supplier” (twice); changed

“State” to “Agency”

611.731(c) 141.26(a)(3) Added “effective December 8, 2003”;

changed the subsection level; changed

“States” to “the Agency”; changed

“community water systems” to “a CWS

supplier”; changed the ending punctuation

from a period to a colon

611.731(c)(1) 141.26(a)(3)(i) Changed the subsection level; changed

“Table B in” to “the table at”; changed

“system” to “supplier”

611.731(c)(2) 141.26(a)(3)(ii) Changed the subsection level; changed “½”

to “one-half” (twice); changed “system” to

“supplier” (twice)

611.731(c)(3) 141.26(a)(3)(iii) Changed the subsection level; changed “½”

to “one-half” (twice); changed “system” to

“supplier” (twice)

611.731(c)(4) 141.26(a)(3)(iv) Changed the subsection level; changed

“systems” to “a supplier”; changed

“system’s” to “supplier’s”; changed “½

MCL” to “one-half the MCL”

611.731(c)(5) 141.26(a)(3)(v) Changed the subsection level; changed

“system” to “supplier” (five times);

changed “State” to “Agency”

611.731(d) 141.26(a)(4) Added “effective December 8, 2003”;

changed the subsection level; changed to

lower-case “to”; changed “system” to

“supplier” (twice); changed “States will

treat analytical results from the composited”

to “the analytical results from the

composited sample must be treated”;

changed “½ MCL” to “one-half the MCL”;

changed “State” to “Agency”; added “by a

SEP . . . Section 611.110” as a parenthetical

611.731(e) 141.26(a)(5) Added “effective December 8, 2003”;

changed the subsection level; added a

comma before “provided” to offset a

parenthetical; subdivided the second

paragraph into three subsections

611.731(e)(1) 141.26(a)(5)(i) Separated into a separate subsection;

changed “shall” to “must”

611.731(e)(2) 141.26(a)(5)(ii) Separated into a separate subsection;

changed “system” to “supplier”; changed

“and/or” to “or”

611.731(e)(3) 141.26(a)(5)(iii) Separated into a separate subsection;

changed “½” to “one-half”

611.731(f) 141.26(a)(1) (as

removed effective

December 8, 2003)

Renumbered subsection; added

parenthetical “until December 8, 2003”

611.731(g) 141.26(a)(2) (as

removed effective

December 8, 2003)

Renumbered subsection

611.731(h) 141.26(a)(3) (as

removed effective

December 8, 2003)

Renumbered subsection; added

parenthetical “until December 8, 2003”

611.731(i) 141.26(a)(4) (as

removed effective

December 8, 2003)

Renumbered subsection; added “until

December 8, 2003”

611.732 141.26(b) Retained the material from 40 C.F.R.

141.26(b) as a Separate Section 611.732;

retained the existing text of 40 C.F.R.

141.26(b) as subsections (a) through (f),

and added the text of amended 40 C.F.R.

141.26(b) as subsections (g) through (k)

611.732 preamble 141.26(b) Changed the subsection level; changed

“system” to “supplier”

611.732(a) 141.26(b)(1) Added “effective December 8, 2003”;

changed the subsection level; changed

“community water systems (both surface

and ground water)” to singular “a CWS

supplier (either a surface water or

groundwater supplier)”; changed “State” to

“Agency” (four times); added “by a SEP . . .

Section 611.110” as a parenthetical (twice);

changed “systems” to singular “a supplier”

(twice)

611.732(a)(1) 141.26(b)(1)(i) Changed the subsection level; changed

“State” to “Agency”; changed numeric “3”

to written “three”; changed “systems” to

singular “a supplier”

611.732(a)(2) 141.26(b)(1)(ii) Changed the subsection level; changed

“systems” to singular “a supplier”; changed

“State” to “Agency” (twice); changed

“CWS” to “CWS supplier”; changed

“system’s” to “supplier’s” (twice); added

“by a SEP . . . Section 611.110” as a

parenthetical; changed “systems which are”

to singular “a supplier that is”; changed

“point(s)” to “points”

611.732(b) 141.26(b)(2) Added “effective December 8, 2003”;

changed the subsection level; changed

“community water systems (both surface

and ground water)” to singular “a CWS

supplier (either a surface water or

groundwater supplier)”; changed “State” to

“Agency” (four times); added “by a SEP . . .

Section 611.110” as a parenthetical (twice);

changed “systems” to singular “a supplier”

(three times)

611.732(b)(1) 141.26(b)(2)(i) Changed the subsection level; changed

“shall” to “must”; replaced USEPA

recommendation re the use of three monthly

samples with a Board note relating the fact

of the recommendation

611.732(b)(2) 141.26(b)(2)(ii) Changed the subsection level; changed

“shall” to “must”; changed “as ordered by

the State . . . shall be analyzed” to “the

Agency may, by a SEP. . ., order”; changed

“when iodine-131” to “for iodine-131

where it”

611.732(b)(3) 141.26(b)(2)(iii) Changed the subsection level; changed

“shall” to singular “must”; replaced USEPA

recommendation re the use of three monthly

samples with a Board note relating the fact

of the recommendation

611.732(b)(4) 141.26(b)(2)(iv) Changed the subsection level; changed

“State” to “Agency”; added “by a SEP. . .

Section 611.110” as a parenthetical;

changed “every 3 years” to “once every

three years”; changed “systems” to singular

“the supplier”

611.732(b)(5) 141.26(b)(2)(v) Changed the subsection level; changed

“systems” to singular “a supplier” (twice);

changed “State” to “Agency”; added “by a

SEP. . . Section 611.110” as a parenthetical;

changed “which” to “that for a restrictive

relative clause (twice); changed “a

particular” to “the particular”; changed “are

using” to “uses”; added “such”; changed

“system’s” to “CWS’s”; changed “point(s)”

to “points”

611.732(c) 141.26(b)(3) Added “effective December 8, 2003”;

changed the subsection level; changed

“community water systems” to singular “a

CWS supplier”; changed “State” to

“Agency” (twice)

611.732(d) 141.26(b)(4) Added “effective December 8, 2003”;

changed the subsection level; changed

“community water systems” to singular “a

CWS supplier”; changed “systems are” to

singular “a supplier is”

611.732(e) 141.26(b)(5) Added “effective December 8, 2003”

611.732(f) 141.26(b)(6) Added “effective December 8, 2003”;

changed the subsection level; changed

“systems . . . exceed” to singular “a supplier

. . . exceeds”; corrected the spelling of

“exceedence”; changed “point(s)” to

“points”; changed “which” to “that” for a

restrictive relative clause (twice); changed

“systems” to singular “a supplier”; changed

“system” to “supplier”; changed “3” to

“three”; changed “systems . . . establish . . .

they meet” to singular “a supplier . . .

establishes . . . it meets”

611.732(g) 141.26(b)(1) Renumbered subsection; added

parenthetical “until December 8, 2003”

611.732(h) 141.26(b)(2) Renumbered subsection

611.732(i) 141.26(b)(3) Renumbered subsection; added

parenthetical “until December 8, 2003”

611.732(j) 141.26(b)(4) Renumbered subsection; added

parenthetical “until December 8, 2003”

611.732(k) 141.26(b)(5) Renumbered subsection; added

parenthetical “until December 8, 2003”

611.733 141.26(c) Codified the material from 40 C.F.R.

141.26(b) as a Separate Section 611.733;

added the federal effective date as a

preamble statement

611.733(a) 141.26(c)(1) Changed the subsection level; changed

“State” to “Agency”; added “by a SEP. . .

Section 611.110” as a parenthetical;

changed “compliance determinations” to

singular “a compliance determination”

611.733(b) 141.26(c)(2) Changed the subsection level; corrected

“each public water systems” to singular

“each PWS supplier”; changed “shall” to

“must”; changed “State” to “Agency”

611.733(c) 141.26(c)(3) Changed the subsection level; used lower-

case “compliance” following the colon;

changed “shall” to “must”; changed

“result(s)” to “results”; changed “system” to

“supplier”

611.733(c)(1) 141.26(c)(3)(i) Changed the subsection level; changed

“systems” to singular “a supplier”; changed

“system” to “supplier”

611.733(c)(2) 141.26(c)(3)(ii) Changed the subsection level; changed

“systems” to singular “a supplier”; changed

“will” to “would”; changed “any sample

point” to “any single sampling point”;

changed “system” to “supplier”; changed

“is out of compliance immediately” to “is

immediately out of compliance”

611.733(c)(3) 141.26(c)(3)(iii) Changed the subsection level; changed

“systems” to singular “a supplier”

611.733(c)(4) 141.26(c)(3)(iv) Changed the subsection level; changed

“system” to “supplier”

611.733(c)(5) 141.26(c)(3)(v) Changed the subsection level; changed “½”

to “one-half”

611.733(d) 141.26(c)(4) Changed the subsection level; changed

“States have the discretion to allow” to “the

Agency may . . . allow the supplier to”;

added “by a SEP. . . Section 611.110” as a

parenthetical; changed “will” to “would”;

changed “any sample point” to “any single

sampling point”; changed “system” to

“supplier”; changed “is out of compliance

immediately” to “is immediately out of

compliance”

611.733(e) 141.26(c)(5) Changed the subsection level; changed

“community water system” to “supplier”;

changed “State” to “Agency”

611.733 Board note 141.26(c) Added a note citing the federal source of

this subsection

Table 2:

Board Housekeeping Amendments

Section Source Revision(s)

611. table of contents Agency Corrected the spelling of “exceedence” in the Section

611.908 heading; corrected the spelling of “exceedences”

in the Section 611.909 heading

611.102(a) Board Placed commas inside quotation marks (33 times)

611.102(b) Board Placed commas inside quotation marks (71 times)

611.102(c) Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.110(b) Board Changed “no person shall” to “no person may”

611.110(d)(2) Board

note

Board Changed “subsection (d)(2) above” to “subsection (d)(2)

of this Section”

611.110(e) Board Changed “shall” to “must”

611.110(e) Board note Board Changed “shall” to “must”; changed “subsection (g)

below” to “subsection (g) of this Section”

611.110(e)(1) Board Changed “shall” to “must”

611.110(e)(2) Board Changed “shall” to “must”

611.110(g) Board Changed “shall” to “must”

611.110(g) Board note Board Changed “subsection (e) above” to “subsection (e) of this

Section”; updated the references to the

Code of Federal

Regulations

to the latest edition available (five times);

changed “subsection (f) above” to “subsection (f) of this

Section”

611.130(a)(1) Board Changed “that” to “which” for a subsequent restrictive

relative clause; changed “subsection (a)(4) below” to

“subsection (a)(4) of this Section”; removed a comma

after “system” that separated a two-element series;

changed “it” to “that the application” for enhanced clarity

611.130(a)(2)(A)(i) Board Added the definite article “the”

611.130(a)(2)(A)(ii) Board Capitalized the opening word “aeration”

611.130(a)(2)(A)(iii) Board Added the definite article “the”

611.130(a)(2)(A)(iv) Board Added the definite article “the”

611.130(a)(2)(A)(v) Board Added the definite article “the”

611.130(a)(3) Board Changed “shall” to “must”; changed “35 Ill. Adm. Code

101.Subpart K” to “Subpart I of 35 Ill. Adm. Code 101”

to reflect recent procedural rules amendments; changed

“subsection (a)(2) above” to “subsection (a)(2) of this

Section”

611.130(a)(4) Board Added “is as follows”

611.130(a)(4)(A) Board Added the definite article “the”

611.130(a)(4)(B) Board Added the definite article “the”

611.130(a)(4)(C) Board Capitalized “improved”

611.130(a) Board note Board Added “subsection (a)”; updated the reference to the

Code of Federal Regulations

to the latest edition

available; deleted language relating to an additional state

requirement and a reference to Section 611.301(c)

611.130(b)(1) Board Changed “subsection (b)(4) below” to “subsection (b)(4)

of this Section”

611.130(b)(2)(A)(i) Board Added the indefinite article “a”

611.130(b)(2)(A)(ii) Board Capitalized “alum”

611.130(b)(2)(A)(iii) Board Capitalized “electrodialysis”

611.130(b)(2)(A)(iv) Board Capitalized “anion”

611.130(b)(2)(A)(v) Board Capitalized “well”

611.130(b)(2)(A)(vi) Board Added the definite article “the”

611.130(b)(2)(A)(vii) Board Capitalized “regionalization”

611.130(b)(3) Board Changed “shall” to “must”; changed “35 Ill. Adm. Code

101.Subpart K” to “Subpart I of 35 Ill. Adm. Code 101”

to reflect recent procedural rules amendments; changed

“subsection (b)(2) above” to “subsection (b)(2) of this

Section”

611.130(b)(4) Board Added “is as follows”

611.130(b)(4)(A) Board Capitalized “activated”

611.130(b)(4)(B) Board Capitalized “reverse”

611.130(b) Board note Board Added “subsection (b)”; updated the reference to the

Code of Federal Regulations

to the latest edition

available

611.130(c)(1) Board

note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available (twice)

611.130(c)(3) Board Changed “shall” to “must”; changed “35 Ill. Adm. Code

101.Subpart K” to “Subpart I of 35 Ill. Adm. Code 101”

to reflect recent procedural rules amendments; changed

“subsection (c)(2) above” to “subsection (c)(2) of this

Section”

611.130(c) Board note Board Added “subsection (c)”; updated the reference to the

Code of Federal Regulations

to the latest edition

available

611.130(d) Board Changed “subsections (e) and (f) below” to “subsections

(e) and (f) of this Section”

611.130(d) Board note Board Added “subsection (d)”; updated the reference to the

Code of Federal Regulations

to the latest edition

available

611.130(e) Board Changed “subsections (e)(1), (e)(2), (e)(3), and (e)(6) or

(e)(4), (e)(5) and (e)(6) below” to “subsections (e)(1),

(e)(2), (e)(3), and (e)(6) or (e)(4), (e)(5) and (e)(6) of this

Section”

611.130(e)(3) Board Changed “shall” to “must”

611.130(e)(5) Board Changed “shall” to “must”; changed “subsection (e)(4)

above” to “subsection (e)(4) of this Section”

611.130(e)(6) Board Changed “shall” to “must”

611.130(e) Board note Board Added “subsection (e)”; updated the reference to the

Code of Federal Regulations

to the latest edition

available

611.130(f)(1) Board Capitalized “that”

611.130(f)(2) Board Capitalized “that”

611.130(f)(3) Board Capitalized “that”

611.130(f)(4) Board Capitalized “that”

611.130(f)(5) Board Capitalized “that”

611.130(f)(6) Board Capitalized “that”

611.130(f)(7) Board Capitalized “that”

611.130(f) Board note Board Added “subsection (f)”; updated the reference to the

Code of Federal Regulations

to the latest edition

available

611.261(a)(7) Board Changed “which” to “that” for a restrictive relative clause

611.261(b)(8)(F) Board Corrected the cross-reference to “subsection (b)(8)(A) of

this Section”; corrected the cross-reference to “subsection

(b)(8)(B) of this Section”; corrected the cross-reference

to “subsection (b)(8)(C) of this Section”; corrected the

cross-reference to “subsection (b)(8)(D) of this Section”;

corrected the cross-reference to “subsection (b)(8)(E) of

this Section”

611.261(b)(8)(G) Board Corrected the cross-reference to “subsections (b)(8)(A)

through (b)(8)(F) of this Section”

611.261(b)(9) Board Corrected the cross-reference to “subsections (b)(1) and

(b)(3) through (b)(8) of this Section”; corrected the cross-

reference to “subsections (b)(1) through (b)(8) of this

Section”

611.261(b)(9)(A) Board Corrected the cross-reference to “subsections (b)(1)

through (b)(8) of this Section”

611.261(c) Board Changed “which” to “that” for a restrictive relative clause

611.261(e)(2) Agency Corrected the spelling of “exceedence”

611.261 Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.262(a)(2) Board Changed “which” to “that” for a restrictive relative clause

611.262(a)(3) Board Changed “which” to “that” for a restrictive relative clause

611.262(c)(2) Board Corrected the spelling of “exceedence”

611.262 Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.301(c) Board Changed “subsection (b) above” to “subsection (b) of this

Section”

611.301 Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.330 Board note Board Updated the reference to the

Code of Federal

Regulations

to reflect the future removal of this provision

in the added

Federal Register

citation, effective

December 8, 2003

611.350(b) Board Changed “shall” to “must”

611.350(b) “action

level”

Board Changed “subsection (c) below” to “subsection (c) of this

Section”; changed “which” to “that” for a restrictive

relative clause

611.350(b) “exceed” Board Moved a comma inside a quotation mark

611.350(b) “first-draw

sample”

Board Changed numeric “6” to written “six”

611.350(b) “lead

service line”

Board Removed an unnecessary comma

611.350(b) “maximum

permissible

concentration”

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.350(b) “meet” Board Moved a comma inside a quotation mark

611.350(b) “method

detection limit”

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.350(b) “monitor-

ing period”

Board Moved a period inside a quotation mark; moved a

comma inside a quotation mark

611.350(b) “multiple-

family residence”

Board Moved a comma inside a quotation mark

611.350(b) “90th

percentile level”

Board Changed numeric “10” to written “ten”; changed “shall”

to “must”; changed “subsection (c)(3) below” to

“subsection (c)(3) of this Section

611.350(b) “90th

percentile level” Board

note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.350(b) “practical

quantitation limit”

Board note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.350(b) “service

line sample”

Board Changed numeric “6” to written “six”

611.350(b) “small

system” Board note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.350(c)(3) Board Changed “shall” to “must”

611.350(c)(3)(A) Board Changed “shall” to “must”

611.350(c)(3)(C) Board Changed “subsection (c)(3)(B) above” to “subsection

(c)(3)(B) of this Section”

611.350(c)(3)(D) Board Changed numeric “5” to written “five”

611.350(d)(1) Board Changed “shall” to “must”

611.350(d)(2) Board Changed “subsection (d)(1) above” to “subsection (d)(1)

of this Section”

611.350(e) Board Changed “shall” to “must”

611.350(f) Board Changed “shall” to “must”

611.350(g) Board Changed “shall” to “must”

611.350(h) Board Changed “shall” to “must”

611.350(i) Board Changed “shall” to “must”

611.350(j) Board Changed “shall” to “must”

611.350(k) Board Changed “shall” to “must”

611.350 Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.351(b)(3)(B)

Board note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.351(c)(1) Agency Corrected the spelling of “exceedence”

611.351(d)(1) Board

note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.351 Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.351 preamble Board Changed “shall” to “must”; changed “subsection (b)

below” to “subsection (b) of this Section”

611.351(a)(1) Board Changed “shall” to “must”; changed “subsection (b)(1)

below” to “subsection (b)(1) of this Section”

611.351(a)(2) Board Changed “shall” to “must”; changed “subsection (b)(2)

below” to “subsection (b)(2) of this Section”

611.351(a)(3) Board Changed “shall” to “must”; changed “subsection (b)(3)

below” to “subsection (b)(3) of this Section”

611.351(a)(4) Board Changed “shall” to “must”

611.351(a)(5) Board Changed “shall” to “must”; changed “subsection (b)(4)

below” to “subsection (b)(4) of this Section”; changed

numeric “6” to written “six”

611.351(a)(6) Board Changed “shall” to “must”; changed “subsection (b)(4)

below” to “subsection (b)(4) of this Section”

611.351(b)(1) Board Changed “shall” to “must”; changed “subsection (b)(2)

below” to “subsection (b)(2) of this Section”

611.351(b)(2)(A) Board Changed “shall” to “must”

611.351(b)(2)(B) Board Changed “shall” to “must”

611.351(b)(2)(D) Board Changed “shall” to “must”

611.351(b)(3) Board Changed “shall” to “must”; changed “subsection (b)(2)

above” to “subsection (b)(2) of this Section”

611.351(b)(4)(A) Board Changed “shall” to “must”

611.351(b)(4)(B) Board Changed “shall” to “must” (twice)

611.351(b)(4)(C) Board Changed “shall” to “must”; changed “subsection

(b)(4)(B) above” to “subsection (b)(4)(B) of this Section”

611.351(b)(5) Board Changed “subsection (b)(4)(B) above” to “subsection

(b)(4)(B) of this Section”

611.351(b)(6)(A) Board Changed “subsection (b)(2) above” to “subsection (b)(2)

of this Section”; changed “subsection (b)(4) above” to

“subsection (b)(4) of this Section”

611.351(b)(6)(B) Board Changed “shall” to “must”

611.351(b)(6)(D) Board Changed “subsection (b)(6)(C) above” to “subsection

(b)(6)(C) of this Section”; changed “shall” to “must”

611.351(b)(6)(E) Board Changed “subsection (h)(1) above” to “subsection (h)(1)

of this Section”

611.351(b)(7) Board Changed “subsection (b)(2), (b)(4), or (b)(6) above” to

“subsection (b)(2), (b)(4), or (b)(6) of this Section”

611.351(b)(7)(A) Board Changed “subsection (a) above” to “subsection (a) of this

Section”

611.353 Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.353(a)(2) Board Changed numeric “6” to written “six”

611.353(a)(3) Board Changed numeric “6” to written “six”

611.356(a)(3)(A)

Board note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.356(a)(3)(B)

Board note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.356(a)(3)(C)

Board note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.356(a)(3)(D)

Board note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.356(a)(3)(E)

Board note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.356(a)(4)(A)(i)

Board note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.356(a)(4)(A)(ii)

Board note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.356(a)(4)(A)(iii)

Board note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.356(a)(4)(A)(iv)

Board note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.356(a)(4)(B)(i)

Board note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.356(a)(4)(B)(ii)

Board note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.356(a)(4)(B)(iii)

Board note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.356(a)(4)(C)(iii)

Board note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.356(d)(4)(B)(i) Board Changed “subsection (c) above” to “subsection (c) of this

Section”

611.356(d)(4)(H)

Board note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.356(g)(1)(A)(i) Board Changed “which” to “that” for restrictive relative clauses

(twice)

611.356 Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.357(d)(2) Agency Corrected the spelling of “exceedence”

611.357 Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.358(a)(1)(D) Board Changed “which” to “that” for a restrictive relative clause

611.358(a)(2)(A) Agency Corrected the spelling of “exceedence”

611.358(b) Agency Corrected the spelling of “exceedence”

611.358 Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.510(a)(1) Board Changed “shall” to “must”

611.510(a)(1) Agency Corrected “the the” to “the”

611.510(a)(2) Board Changed “shall” to “must”

611.510(a)(3) Board Changed “shall” to “must”

611.510(a)(7) Board Changed “shall” to “must”

611.510(a) Board note Board Corrected the cross-reference to “subsection (a)”;

updated references to the

Code of Federal Regulations

the latest edition available (twice); changed “subsection

“subsection (d) below” to “subsection (d) of this Section”

611.510(b) Board Changed “subsection (b)(11) below” to “subsection

(b)(11) of this Section”; changed “subsection (b)(12)

below” to “subsection (b)(12) of this Section”; changed

“shall” to “must”

611.510(b)(1) Board Changed “shall” to “must”; changed “subsection (b)(11)

below” to “subsection (b)(11) of this Section”

611.510(b)(2) Board Changed “shall” to “must”; changed “subsection (b)(12)

below” to “subsection (b)(12) of this Section”

611.510(b)(3) Board Changed “subsections (b)(1) and (b)(2) above” to

“subsection (b)(1) and (b)(2) of this Section”

611.510(b)(4) Board Changed “shall” to “must”

611.510(b)(4)(A) Board Changed “subsection (b)(1) above” to “subsection (b)(1)

of this Section”

611.510(b)(4)(B) Board Changed “subsection (b)(2) above” to “subsection (b)(2)

of this Section”

611.510(b)(5) Board Changed “shall” to “must”

611.510(b)(6) Board Changed “shall” to “must”

611.510(b)(7) Board Changed “shall” to “must”

611.510(b)(9) Board Changed “shall” to “must”

611.510(b)(9) Board

note

Board Changed “subsection (b)(9) above” to “subsection (b)(9)

of this Section”; updated references to the

Code of

Federal Regulations

to the latest edition available

(twice); changed “subsection (b)(5) and (b)(6) above” to

“subsection (b)(5) and (b)(6) of this Section”

611.510(b)(10) Board Changed “shall” to “must”

611.510(b) Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.510(c) Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.510(d) Board Changed “shall” to “must”; changed “subsections (a)(1)

and (b)(2) above” to “subsections (a)(1) and (b)(2) of this

Section”

611.510(d) Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.521(a) Board Changed “shall” to “must”; changed “which” to “that”

for a restrictive relative clause

611.521(c)(1) Board Changed “shall” to “must” (twice)

611.521(c)(2) Board Changed “shall” to “must” (twice); changed “which” to

“that” for a restrictive relative clause; changed

“subsection (b) above” to “subsection (b) of this

Section”; capitalized the definite article “the” as the first

word of a sentence; ; changed “subsection (c)(4) above”

to “subsection (c)(4) of this Section”

611.521(c)(3) Board Changed “shall” to “must”; changed “subsection (b)

above” to “subsection (b) of this Section”

611.521(c)(4) Board Changed “shall” to “must” (twice); changed “subsection

(b) above” to “subsection (b) of this Section”

611.521(d) Board Changed “shall” to “must”; changed “which” to “that”

for a restrictive relative clause

611.521(e) Board Changed “shall” to “must” (twice)

611.521(e) Agency Corrected the spelling of “exceedence”

611.521 Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.601 preamble Board Changed “shall” to “must”

611.601(a)(1) Board Changed “shall” to “must”

611.601(a)(2) Board Changed “subsection (b) below” to “subsection (b) of

this Section”

611.601(a)(3) Board Changed “shall” to “must”

611.601(a)(3) Agency Changed “subsection (b)(5) below” to “subsection (b)(5)

of this Section”

611.601(b)(1) Board Changed “shall” to “must”

611.601(b)(2) Board Changed “shall” to “must”

611.601(b)(3) Board Changed “shall” to “must”

611.601(b)(4) Board Changed “shall” to “must”

611.601(b)(5) Board Changed “shall” to “must”

611.601 Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.602(a) Board Changed “shall” to “must”

611.601(b) Board Changed “subsection (c) below” to “subsection (c) of this

Section”

611.602(c) Board Changed “shall” to “must”

611.602(e) Board Changed “shall” to “must”

611.602(f) Board Changed “shall” to “must”

611.602(g) Board Changed “shall” to “must”

611.602(h) Board Changed “shall” to “must”

611.602(i)(1) Board Changed “shall” to “must”

611.602(i)(3) Board Changed “shall” to “must” (twice); changed “subsection

(h) above” to “subsection (h) of this Section”

611.602 Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.603(a) Board Changed “shall” to “must”

611.603(a) Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.603(b)(1) Board Changed “subsection (a) above” to “subsection (a) of this

Section”; changed “subsections (d) through (f) above” to

“subsections (d) through (f) of this Section”

611.603(b)(2) Board Changed “subsections (d) through (f) above” to

“subsections (d) through (f) of this Section”

611.603(b) Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.603(c) Board Changed “shall” to “must”; changed “subsection (e)

below” to “subsection (e) of this Section”

611.603(c) Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.603(d) Board Changed “shall” to “must”

611.603(d) Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.603(e) Board Changed “shall” to “must” (twice)

611.603(e) Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.603(f)(1) Board

note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.603(f)(2) Board Changed “shall” to “must”

611.603(f)(2) Board

note

Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.603(g) Board Changed “shall” to “must”

611.603(g) Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.603(h)(1) Board Changed “shall” to “must”; changed “subsection (a)

above” to “subsection (a) of this Section”

611.603(h)(3) Board Changed “shall” to “must” (twice); changed “subsection

(g) above” to “subsection (g) of this Section”

611.603(h) Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.609(a)(3) Board

note

Board Placed a comma inside quotation mark; capitalized

“appendix”

611.609(b) Board Corrected the spelling of “antimony”

611.609 Board note Board Updated the reference to the

Code of Federal

Regulations

to the latest edition available

611.720(b)(1) Board Placed a comma inside quotation mark

611.720(b)(2) Board Added a statement of the source of the document

611.720(c) Board note Board Revised the Board note to reflect the

Code of Federal

Regulations

source of the new provision

611.720 Board note Board Revised the Board note to reflect the

Code of Federal

Regulations

source of the new provision

611.731 Board note Board Revised the Board note to reflect the

Code of Federal

Regulations

source of the new provision

611.732 Board note Board Revised the Board note to reflect the

Code of Federal

Regulations

source of the new provision

611.745(a)(2) Board Changed “which” to “that” for a restrictive relative clause

611.745(c)(1) Board Corrected the spelling of “exceedence”

611.745 Board note Board Revised the Board note to reflect the

Code of Federal

Regulations

source of the new provision

611.901(a)(3)(B) Agency Corrected the spelling of “exceedence”

611.901(a)(3)(C) Board Corrected the spelling of “exceedence”

611.901(c)(2) Board Changed “which” to “that” for a restrictive relative clause

611.901 Board note Board Revised the Board note to reflect the

Code of Federal

Regulations

source of the new provision

611.902(a)(2) Agency Corrected the spelling of “exceedence”

611.902(a)(3) Agency Corrected the spelling of “exceedence”

611.902(a)(4) Agency Corrected the spelling of “exceedence”

611.902(a)(6) Agency Corrected the spelling of “exceedence”

611.902 Board note Board Revised the Board note to reflect the

Code of Federal

Regulations

source of the new provision

611.903(b)(3)(B) Agency Corrected the spelling of “exceedence”

611.903 Board note Board Revised the Board note to reflect the

Code of Federal

Regulations

source of the new provision

611.904(a)(5) Board Corrected the spelling of “exceedence”

611.904 Board note Board Revised the Board note to reflect the

Code of Federal

Regulations

source of the new provision

611.908 heading Agency Corrected the spelling of “exceedence”

611.908(a) Agency Corrected the spelling of “exceedence” (twice)

611.908 Board note Board Revised the Board note to reflect the

Code of Federal

Regulations

source of the new provision

611.909 heading Agency Corrected the spelling of “exceedence”

611.909 Board note Board Revised the Board note to reflect the

Code of Federal

Regulations

source of the new provision

611.Appendix A

“combined radium”

Board Changed “radium 226 or 228” to “radium-226 or –228”

611.Appendix A

Board note

Board Updated the

Code of Federal Regulations

citation to the

latest edition, including the

Federal Register

citation for

later amendments

611.Appendix G

¶ (I)(A)(4)

Board Changed numeric “2” to written “two”

611.Appendix G

¶ (I)(A)(5)

Agency Corrected the spelling of “exceedence”

611.Appendix G

¶ (I)(A)(6)

Agency Corrected the spelling of “exceedence”

611.Appendix G

¶ (I)(A)(7)

Agency Corrected the spelling of “exceedence”

611.Appendix G

¶ (I)(G)(7)

Board Changed numeric “2” to written “two”

611.Appendix G

¶ (IV)(A)

Agency Corrected the spelling of “exceedence”

611.Appendix G

¶ (IV)(B)

Agency Corrected the spelling of “exceedence”

611.Appendix G

note 1

Board Removed the unnecessary comma from before “do not

require”

611.Appendix G

note 6

Agency Corrected the spelling of “exceedence”

611.Appendix G

note 7

Board Corrected the format of the

Federal Register

citation to

“63 FR Fed. Reg. 69477 (December 16, 1998)”; changed

“Secs.” to “Sections”

611.Appendix G

note 15

Board Changed “shall” to “must”

611.Appendix G

Board note

Board Updated the

Code of Federal Regulations

citation to the

latest edition, including the

Federal Register

citation for

later amendments

611.Appendix H ¶ 33 Board Changed “di(2-ethylhexyl) adipate ” to “di(2-ethylhexyl)-

adipate”

611.Appendix H ¶ 34 Board Changed “di(2-ethylhexyl) phthalate ” to “di(2-ethyl-

hexyl)phthalate”

611.Appendix H ¶ 46 Board Added automatic hyphenation to “hexachlorocyclopenta-

diene”

611.Appendix H ¶ 63 Board Added automatic hyphenation to “trans-1,2-dichloro-

ethylene”

611.Appendix H ¶ 85a Board Changed numeric “2” to written “two”

611.Appendix H ¶ 85a Agency Corrected the spelling of “exceedence”

611.Appendix H ¶ 86a Board Corrected the spelling of “exceedence”

611.Appendix H

note 10

Agency Corrected the spelling of “exceedence”

611.Appendix H

Board note

Board Updated the

Code of Federal Regulations

citation to the

latest edition, including the

Federal Register

citation for

later amendments

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do hereby certify that

the above opinion was adopted on the 21st day of June 2001 by a vote of 7-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board