ED
UNITED
STATES
ENVIRONMENTAL
PROTECTION
AGENCY
RECEIVED
REGION
~
CLERK S OFF! ~E
77 WEST JACKSON BOULEVARD
CHICAGO,
IL 60604-3590
JAN
0
9
200
STAtE OF ILLINOIS
Pollution
Control
Board
REPLY TO THE AUENmON OF:
0
8
JAN
WG-15J
Dorothy M. Gunn, Clerk
Illinois
Pollution Control Board
~V,
e
100 W.
Randolph,
Suite
11-500
Chicago, IL 60601
Dear Ms. Gunn:
Please find enclosed our review of Docket Number R02-5, Safe Drinking Water Update,
U.S. Environmental Protection Agency Regulations (U.S.
EPA) (January
1, 2001
through June
30, 2001), Proposed Rule, Proposal for Public Comment.
The docket was reviewed by the
Ground Water and Drinking Water Branch and Office of Regional Counsel.
The sections
reviewed in this docket include:
-
Federal Register 3770 (January 16, 2001), Stage
1 Disinfectants and Disinfection Byproducts
rule and Interim Enhanced Surface Water Treatment Rule,
-
Federal Register 6976 (January 22, 2001), Arsenic in drinking water,
-
Federal Register 9903
(February 12, 2001), technical corrections, and
-
Federal Register 31086
(June 8, 2001) Filter Backwash Recycling rule.
Thankyou for the opportunity to review your proposed drinking water rules.
-
Sincerely,
Rita Garner
Ground Water and Drinking Water Branch
Enclosures
cc: Mike McCambridge, IPCB
Lou Allyn Byus, JEPA
RecycledlRecyclable.
Printed
with Veqetable Oil Based Inks on 50
Recycled Paper (20
Postconsumer)
Comments
to IPCB Docket R02-5 October 4, 2001,
Proposed Rule, Proposal for Public Comment
We have reviewed IEPA’s Draft State Primacy Package, Docket R02-5 from the
Illinois Pollution
Control Board.
We have the following comments.
Federal Register 6976 (January 22, 2001). Arsenic in drinking water
1.
-
Section 611.611 (a)(2) Board Note:
Change the units from
100 liters (L)
to
100 microliters
(uL) in the sentence reading, “For methods 200.7 and 3120B, both
samples and standards must
be diluted in the same mixed acid matrix concentration of nitric and hydrochloric acidwith the
addition of 100 L..
2.
-
Section 611.611
(a)(2)(A):
Change the effective date from January 23, 2006
to the year
2005.
Although the
compliance period will be
at a disadvantage.
3.
-
Section 611.600 (d) arsenic:
Change “atomic absorbtion-furnace” to “atomic absorption-
furnace.”
4.
-
Section 611.600 (d) footnote number 7: Change “peositions” to “depositions.”
Federal Register 3770 (January
16, 2001). Stag~e
1
Disinfectants and Disinfection Byproducts
rule and Interim Enhanced Surface Water Treatment Rule
5.
-
Section 611.680 (5) does not reflect
141.30 (b).
6.
-
Section 611.382
is not complete until State equivalent 142.16
(h) 5
is completed.
7.
-
Section 611.384 does not reflect
141.34.
We had no comments on Federal Register 31086 (June
8, 2001) Filter Backwash Recycling rule,
or Federal Register 9903 (February
12, 2001), technical corrections.
RECEIVED
~
~.
UNITED
STATES
ENVIRONMENTAL
PROTECTION
AGENCY CLERJC’~
OFFICE
REGION5
77
WEST JACKSON
BOULEVARD
J~N0 9
2002
CHICAGO, IL 60604-3590
STATE OF 1Wr~ojs
Pollution
COntrol
Board
DEC
0 3
2001
REPLYTOTHEAUENflONOF:
WG-l5J
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
100
W.
Randolph, Suite 11-500
Chicago, IL
60601
RE: Request for additional time to file comments on Docket R02-5.
Dear Ms. Gunn:
Due to the unique circumstances involving the Arsenic rule, we request an additional 30 days to
review Docket R02-5, Identical-in-Substance Rulemaking
-
Public Water Supply, Safe Drinking
Water Act Update, U.S. Environmental Protection Agency Amendments (January
1, 2001
through June 30,
2001, Arsenic Rule).
The Federal Rule was published on May 22,
2001.
The
effective date of the rule will be February 22, 2002.
-
Thank you for the opportunity to reviewyour proposed drinldng water rules.
Sincerely yours,
/
Charlene J.
Ground Water and Drinking Water Branch
cc: Mike McCambridge, IPCB
Roger Selburg, IEPA
Lou Allyn Byus, IEPA
RecycIed/~ecycIab~e~
Printed
with
Vegetable Oil,Based
Inks on 50
Recycled Paper (20
Postconsurner-(
~1,FRK’SOFFICE
ILLINOIS POLLUTION
CONTROL BOARD
JAN
09 2002.
December 20,
2001
~
OF
ILLiNOIS
pollution
Control Board
IN THE MATTER OF:
)
)
SD WA UPDATE~
USEPA AMENDMENTS
)
R02-5
(January
1,
2001 through June 30,
2001;
)
(Identical-in-Substance Rulemaking
-
Arsenic Rule)
)
Public Water Supply)
Proposed Rule.
Reason for Delay Order.
ORDER OF THE BOARD (by R.C.
Flemal):
This matter is before the Board on the December
5,
2001
request of the United
States,
Environmental Protection
Agency
(USEPA) for an additional 30 days past December
10, 2001
in which to file public comments.
The Board adopted a proposal for public comment in this
matter on October 4,
2001.
A Notice of Proposed Amendments for this proceeding appeared
in the
Illinois Register
on October
26,
2001.
The public comment began on the date of
publication, ‘and it ended after 45 days, on December
10,
2001.
By this
order, the Board
grants USEPA~the
requested additional time to file its comments by
extending the public
comment period until January 9,
2002.
The Board cannot accommodate USEPA’s needs
and
still
timely complete this rulemaking by the January
11,
2002
statutory due date.
So, we
further set forth reasons for delay and extend the time for BOard adoption of these amendments
until February 22,
2002.
Sections 7.2
and
17.5 of the Act (415 ILCS
5/7.2 and
17.5
(2000)) 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(b),
300g-3(c),
‘300g~6(a),
‘and’300j-4(a) (2000)).
Section 7.2(b) mandates
that the Board must complete its rulemaking proceedings within one
year after the earliest federal
adoption date of the rules
~‘:ieiilyingthe proceeding.
However,
Section
7.2(b) further provides
that the one-year period for Board action may be extended if
necessary
to
complete the proceeding.
To extend the deadline for final Board action,
the
Board must make a finding based on the record of the proceeding that the one-year period is
insufficient for completion of the rulemaking, and the Board must
state reasons for the
extension.
Finally,
Section 7.2(b)
requires that the Board make this finding of necessity prior
to the expiration of the one-year period,
and ‘we must publish a notice of extension in the
Illinois Register
as expeditiously as practicable.
The date of the federal
amendments that determines the due
date for the conclusion of
Board
action in this proceeding was January
11,
2001.
The one-year period for completion for
Board
action on these amendments therefore ends on January
11,
2002,
the due
date for this
docket.
3
I,
Dorothy M. Gunn, Clerk of the Illinois
Pollution Control Board,
do certify
that the
Board
adopted the above order on December 20,
2001,
by
a vote of 7-0.
Dorothy M.
Gunn, Clerk
Illinois Pollution Control Board
