RECEIVED
CLERK’S
~FFTCE
OCT
23
2001
BEFORE
THE
ILLNOIS POLLUTION CONTROL
BOARD
OF
THE
STATE
OF ILLINOIS
STATE
OF ILLINOIS
Pollution
Control
Board
)
PROPOSED MTBE GROUNDWATER
QUALITY STANDARDS AMENDMENTS:
35
ILL. ADM. CODE 620
)
NOTICE OF FILING
TO
Dorothy M. Gunn, Clerk
Clerk ofthe Board
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
(VIA FIRST CLASSS MAIL)
Joel J. Stemstein, Esq.
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois
60601
(VIA FIRST CLASSS MAIL)
PLEASE TAKENOTICE that I have filed today with the Clerk ofthe fflinois Pollution
Control Board a copyofthe FIRSTNOTICE COMMENTS ofthe illinois Environmental
Protection Agency.
Copies ofthis document areherewith served upon you and those persons on
the attached service list.
DATE:
OCTOBER
19, 2001
Respectfully submitted
by:
S+Q~?h~
Q
Stephen C. Ewart
Deputy Counsel
Division ofLegal Counsel
illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, illinois
62794-9276
(217)782-5544
PRINTED ON RECYCLED PAPER
CERTIFICIATE OF SERVICE
IN THE MATTER OF:
)
)
R01-14
)
(Rulemaking
-
Water)
RECEIVED
CLEm’S
Om~’1
BEFORE
THE
ILLINOIS POLLUTION CONTROL
BOARj~1
2
32001
OF THE
STATE OF ILLINOIS
STATE OF
ILLINOIS
Pollution
control
Board
IN THE MATTER OF:
)
)
PROPOSED MTBE GROUNDEWATER
)
R01-14
QUALITY STANDARDS AMENDMENTS:
)
(Rulemaking Water)
35
ILL. ADM.
CODE 620
)
AGENCY’S FIRST NOTICE COMMENTS
The Illinois Environmental Protection Agency (“Agency”) respectfully submits
its first
notice comments in the above-titledmatters to the Illinois Pollution Control Board (“Board”)
pursuant to
35
Ill. Adm. Code
102.604.
On September 6, 2Q01, the Board adopted proposed amendments to the Groundwater
Quality Regulations,
35
Ill. Adm. Code 620 as first notice and directedthe Clerk ofthe Board to
filethe proposed amendments with the Secretaryof State for publication.
On September 21,2001, the first notice ofthe proposed amendments was published in the
illinois Register
at 25 Ill. Reg.
11973.
The Agency’s comments are below.
I.
OVERVIEW
Two hearings have been held on the Agency’s proposal for the amendment of
35
Iii. Adm.
Code 620.
The hearings were held on March
1, 2001, in Springfield, Illinois, and on April
5,
2001, in Chicago, illinois.
During the hearings, the Agency presented evidence in support ofadopting amendments to
the existing Groundwater Quality Regulations,
35
Ill. Adm. Code 620,
to include the MTBE level
of0.020 milligram per liter (“mgll) as an amendment to the preventive response level,
35
ill.
Adm.
Code 620.3 10(a)(3)(A)(i); and the MTBE standard of0.070 mg/i for Class I: Potable
Resource Groundwater Standard, 35
111. Adm.
Code 620.410(b), and for Class II:
General
1
Resource Groundwater Standard, 35 ill. Adm. Code 620.420(b).
In addition, the Agencyprovided support for amendments to the 35 Ill. Adm. Code
620.505
to address deficiencies in compliance point determination conditions and criteria and the
inclusion ofdefinitions of“Licensed Professional Engineer” and Licensed Professional
Geologist”
to the definitions of35 Ill. Adm. Code
620.110.
During the April
5,
2001 hearing, the Board introduced two MTBE studies into the record,
from California and New Hampshire, respectively, for Agency technical review and comment.
In
responseto this request, the Agency has included the review ofThomas C. Hornshaw, Ph.D., of
these matters relating to the proposed MTBE standards.
II.
AGENCY
COMMENT AND CONCLUSIONS
On September 6, 2001, the Board adopted proposed amendments to the Groundwater
Quality Regulations,
35 Ill. Adm.
Code 620 as first notice and directed the Clerk ofthe Board to
file the proposed amendments with the Secretary ofState for publication.
Having reviewedthe opinion and order ofthe Board, the Agency endorses the proposed
amendment
tO
the definition of“carcinogen” to the version used in Section 58.2 ofthe Illinois
Environmental Protection Act 415 ILCS
5/58.2 (2000).
The Agency believes that this proposal
provides consistency withthe “carcinogen” definition as used in the Act and in 35111. Adm. Code
742.
2
With regard to the balance ofthe Board’s proposed amendments in this proceeding, the
Date: October
19, 2001
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois
62794-9276
(217) 782-5544
THIS DOCUMENT SUBMITTED ON RECYCLED PAPER
Agency has no other’comment except to support the amendments to 35111. Adm. Code 620 as
proposed.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
~E;1-42~KQM
(jt
a~)(hTI-ET?1 w?297 517 m?452 517 l?S?BT?
Stephen C. Ewart
Deputy Counsel
3
I,
the
undersigned,
CERTIFY
that
I
have
served
a
copy
of
the
FIRST
NOTICE
COMN’IENTS ofthe illinois Environmental Protection Agency upon:
Karen L.
Bemoteit
IL Environmental Regulatory Group
215
E. Adams St.
Springfield,
Illinois
62701-1199
Christie Bianco
Chemical Industry Council
9801 W.
Higgins Road, Suite
515
Rosemont, Illinois~
60018
Christine Bucko
AAG
188 W. Randolph, 20th Floor
Chicago, Illinois
60601
Matthew Cohn
Arladis, Geraghty’ & Miller
35 E. Wacker Drive
Chicago, illinois
60601
Prof. Craig Davis
Bradley University
1561
W. Bradley Ave.
Peoria, IL
61625
William G. Dickett
Sidley & Austin
Bank One Plaza
10 South Dearborn St.
Chicago, Illinois
60603
Jack Darn
Sierra Club, Illinois Chapter
200 N. Michigan, Suite 505
Chicago, Illinois
60601
Stephen Davis
Illinois Department ofNatural Resources
928
South Second Street
Springfield, Illinois
62704
Katherine Hodge
Hodge & Dwyer
3150 Roland Ave., P0 Box
5776
Springfield, Illinois
62705-5776
Richard J. Kissel
Gardner, Carton & Douglas
321 N. Clark Street, Suite 3400
Chicago, Illinois
60610
Mayor Edward M. Mulvaney
City Hall
603
W.
10th
Street
RockFalls,Il
61071
Brett M. Schmidt
LRMC CMR-402 Box 209
APO,AE
96180
.Musette H. Vogel
The Stolar Group
The Lammert Building
911 V. Washington
St.
Louis, MO
63101-1290’
Charles Wesselhoft
Ross & Hardies
150 North Michigan, Suite 2500
Chicago, Illinois
6060.
Stanley Yonkauski
IL. Department ofNatural Resources
524
South Second Street
Springfield, Illinois
62701
by depositing said document in the United States Mail in Springfield, illinois on October 19, 2001.
Stephen C. Ewart
