First Draft (NJM, JJS) 8/13/01

MTBE Properties
The Agency’s Proposal
Rationale Behind the Board’s Decision
Protection for Drinking Water Supply Wells
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
1. CHAPTER I: POLLUTION CONTROL BOARD

ILLINOIS POLLUTION CONTROL BOARD

January 24, 2002

IN THE MATTER OF:

PROPOSED MTBE AND COMPLIANCE

DETERMINATION AMENDMENTS TO

GROUNDWATER QUALITY STANDARDS:

35 ILL. ADM. CODE 620

)

R01-14

(Rulemaking – Public Water Supply)

Adopted Rule. Final Order.

OPINION AND ORDER OF THE BOARD (by N.J. Melas, C.A. Manning, R.C. Flemal)

By today’s order, the Board is amending the Board’s groundwater quality regulations to

include methyl tertiary-butyl ether (MTBE) at 35 Ill. Adm. Code 620. Specifically, the

amendments include a preventative response level in addition to Class I and Class II groundwater

standards for MTBE. The amendments would also clarify sampling procedures for certain

existing drinking water supply wells.

The amendments adopted today are substantially similar to the proposal filed with the

Board by the Illinois Environmental Protection Agency (Agency) on September 1, 2000.

PROCEDURAL HISTORY

Two public hearings were held in this matter before Board Hearing Officer Joel

Sternstein, Board Members, and Board staff. The first hearing was held on March 1, 2001, in

Springfield, and the second hearing was held on April 5, 2001, in Chicago. The Board received

three public comments in this proceeding.

The Board then adopted the proposed amendments to Part 620 for first notice.

See

Proposed MTBE and Compliance Determination Amendments to Groundwater Quality

Standards: 35 Ill. Adm. Code 620, R01-14 (Sept. 6, 2001). On September 21, 2001, the

Secretary of State published the proposed amendments in the

Illinois Register

at 25 Ill. Reg.

11973. The Board subsequently adopted its second-notice opinion and order and sent the

proposed amendments to the Joint Committee on Administrative Rules (JCAR) for its

consideration.

See

Proposed MTBE and Compliance Determination Amendments to

Groundwater Quality Standards: 35 Ill. Adm. Code 620, R01-14 (Dec. 6, 2001). On January

9, 2002, JCAR voted a certificate of no objection.

DISCUSSION

The Board will provide a brief summary of MTBE’s properties, the Agency’s proposal,

and the Board’s rationale behind its decision. The Board will also provide a summary of the

amendments regarding sampling procedures for certain existing drinking water supply wells.

For a more detailed discussion of the amendments, please refer to the Board’s first-notice and

second-notice opinions and orders in this matter.

MTBE Properties

MTBE is a type of organic chemical known as an ether that has been widely used as an

octane-enhancing additive to gasoline. Tr.1 at 12-13; Exh. 1 at 4; Stat. of Reas. at exh. 4 - pp. 1,

MTBE is very soluble in water, and, as a result, is readily transported by groundwater away

from a spill or leak such as from an Underground Storage Tank. Tr.1 at 13-15; Exh. 1 at 5-6;

Stat. of Reas. at 2-3. Some people can taste or smell MTBE in drinking water at concentrations

as low as 20 to 40 parts per billion (ppb).

Tr.1 at 12, 51-52; Exh. 1 at 4; Exh. 13 at iii; Stat. of

Reas. at exh. 4 – p. 2. Since 1994, 26 community water supplies (CWS) in Illinois have

exhibited MTBE contamination in finished drinking water sampling results. Tr.1 at 11-12, 46;

Exh. 1 at 1-3; Stat. of Reas. at 5.

The MTBE groundwater standards are also a basis for amendments to Part 742 of the

Board’s regulations that are being promulgated today.

See

Proposed Amendments to Tiered

Approach to Correction Action Objectives (TACO) (MTBE): 35 Ill. Adm. Code 742, R00-19(C)

(Jan. 24, 2002).

The Agency’s Proposal

The Agency proposed the addition of an MTBE Class I Potable Resource Groundwater

standard and an MTBE Class II General Resource Groundwater standard. The Agency proposed

a standard of 70 ppb for both classes. 35 Ill. Adm. Code 620.410, 620.420. In addition, the

Agency proposed a preventive response level for MTBE of 20 ppb.

See

35 Ill. Adm. Code

620.310.

Richard P. Cobb, P.G., of the Agency testified that the Class I standard of 70 ppb is based

on a draft Agency health advisory (advisory) developed pursuant to 35 Ill. Adm. Code 620.605,

and a review of other states’ regulations. Mr. Cobb stated that the Class II standard is based on

the capability of treatment technology to achieve the Class I standard. He noted that the Class II

standard is also proposed at 70 ppb since treatment of MTBE is very difficult once it has

dissolved into groundwater. Mr. Cobb also stated that the preventive response level for MTBE is

based on its taste and odor threshold. Tr.1 at 23; Exh. 1 at 12; Stat. of Reas. at 6-7.

The Agency’s statement of reasons will be cited as “Stat. of Reas. at ___”; the transcript from

the March 1, 2001 hearing will be cited as “Tr.1 at ____”; the exhibits will be cited as “Exh. __

at ___”; and public comments will be cited as “PC __ at ___.”

During the hearings and in the exhibits, levels of MTBE in water were expressed in different

units. For the sake of consistency and readability, the Board has converted all MTBE

measurements to parts per billion, even though regulatory language sets MTBE measurements in

terms of milligrams per liter (mg/L). 1 ppb is equivalent to 0.001 mg/L.

Rationale Behind the Board’s Decision

The Board’s fundamental decision at first notice was whether to propose a standard based

on non-carcinogenic or carcinogenic effects of MTBE. The Agency’s proposal typifies a

standard based on non-carcinogenic effects. The Agency chose not to use a carcinogenic

endpoint as the basis for its proposal in part because it defers to the USEPA regarding the

carcinogenic properties of MTBE, and partly because it has been faced with the need to make

decisions in the absence of a USEPA position. Agency toxicologist Dr. Thomas C. Hornshaw

noted that the Agency needed to come up with regulatory values because there had been

detections of MTBE at CWS’s across Illinois. Tr.1 at 42. The Board agreed with the Agency

that Illinois does not have the luxury of waiting for a directive from USEPA when 26 CWS’s

have already shown signs of MTBE contamination.

California has already set an MTBE standard based on carcinogenic effects, and the

Agency noted that the California toxicologists’ approach was “consistent with the guidelines

published by USEPA for cancer risk assessment.” PC 2 at 6.

The Board found that both the Agency’s proposal and the California standard have been

well-researched and carefully analyzed. However, the Board found that it would be more

prudent to follow the Agency’s proposal that is based on the non-carcinogenic effects of MTBE.

USEPA has not yet identified MTBE as a carcinogen. The Board is using a similar rationale for

determining groundwater standards in this docket as it is for determining cleanup standards in the

R00-19(C) TACO MTBE docket.

The Board may propose revisions to these MTBE groundwater quality standards if

MTBE is found to be a carcinogen.

For the sake of consistency with respect to regulatory compliance, the Board adopts the

definition of carcinogen at Part 742 of the Board’s regulations and at Section 58.2 of the

Environmental Protection Act (Act) replace the existing definition at Part 620 of the Board’s

regulations.

The Board finds that the Agency properly proposed a level of 20 ppb MTBE as a trigger

for preventative response activities at Section 620.310 of the Board’s regulations. We agree with

the Agency that the taste and odor threshold should serve as a basis for the 20 ppb trigger.

Protection for Drinking Water Supply Wells

The amendments also add criteria to further clarify conditions for drinking water supply

wells that can be used to collect representative groundwater samples. The amendments allow a

licensed professional engineer or a licensed professional geologist to use adjacent geological

information and well construction information common to sand point wells. Stat. of Reas. at 7.

The genesis behind the amendments at Section 602.505 is the appellate court case People

v. Stonehedge, Inc., 288 Ill. App. 3d 318, 680 N.E.2d 497 (2d Dist. 1997). The appellate court

did not allow the use of samples from drinking water supply wells for compliance determinations

even though, the Agency claims, the drinking water wells were representative of the geology of

the area. The amendments in this matter expand the list of drinking water supply wells that can

be used for compliance determinations.

CONCLUSION

The Board adopts an MTBE standard of 70 ppb (0.07mg/L) for Class I and Class II

groundwater and a preventative response level of 20 ppb (0.02 mg/L) in Illinois. The Board also

changes the definition of “carcinogen” in Part 620 of the Board’s regulations to match the

definition of “carcinogen” at Part 742 of the Board’s regulations.

The Board also adopts the Agency’s amendments to the regulations regarding wells used

in compliance determinations. The Board replaces the Agency’s proposed definitions for

“licensed professional engineer” and “licensed professional geologist” with the definitions of

these terms that are already found respectively in the Act and the Professional Geologist

Licensing Act.

The Board is also including nonsubstantive changes that the Joint Committee on

Administrative Rules recommended during the first-notice period. No changes were proposed

during the second-notice period.

ORDER

The Board adopts the following amendments to 35 Ill. Adm. Code 620. The Clerk of the

Board is directed to cause publication in the

Illinois Register

of the following amendments to the

Board’s groundwater quality regulations at 35 Ill. Adm. Code 620.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE F: PUBLIC WATER SUPPLIES

CHAPTER I: POLLUTION CONTROL BOARD

Incorporations by Reference

620.130

Exemption from General Use Standards and Public and Food Processing

Water Supply Standards

620.135

Exclusion for Underground WatersWater in Certain Man-Made Conduits

SUBPART B: GROUNDWATER CLASSIFICATION

Section

620.201 Groundwater Designations

620.210

Class I: Potable Resource Groundwater

620.220

Class II: General Resource Groundwater

620.230

Class III: Special Resource Groundwater

620.240

Class IV: Other Groundwater

620.250

Groundwater Management Zone

620.260

Reclassification of Groundwater by Adjusted Standard

SUBPART C: NONDEGRADATION PROVISIONS FOR APPROPRIATE

GROUNDWATERS

Section

620.301

General Prohibition Against Use Impairment of Resource Groundwater

620.302

Applicability of Preventive Notification and Preventive Response

Activities

620.305

Preventive Notification Procedures

620.310

Preventive Response Activities

SUBPART D: GROUNDWATER QUALITY STANDARDS

Section

620.401 Applicability

620.405

General Prohibitions Against Violations of Groundwater Quality

Standards

620.410

Groundwater Quality Standards for Class I: Potable Resource

Groundwater

620.420

Groundwater Quality Standards for Class II: General Resource

Groundwater

620.430

Groundwater Quality Standards for Class III: Special Resource

Groundwater

620.440

Groundwater Quality Standards for Class IV: Other Groundwater

620.450

Alternative Groundwater Quality Standards

SUBPART E: GROUNDWATER MONITORING AND ANALYTICAL PROCEDURES

Section

620.505 Compliance Determination

620.510

Monitoring and Analytical Requirements

SUBPART F: HEALTH ADVISORIES

Section

620.601

Purpose of a Health Advisory

620.605

Issuance of a Health Advisory

620.610

Publishing Health Advisories

620.615

Additional Health Advice for Mixtures of Similar-Acting Substances

Appendix A

Procedures for Determining Human Threshold Toxicant Advisory

Concentration for Class I: Potable Resource Groundwater

Appendix B

Procedures for Determining Hazard Indices for Class I: Potable Resource

Groundwater for Mixtures of Similar-Acting Substances

Appendix C

Guidelines for Determining When Dose Addition of Similar-Acting

Substances in Class I: Potable Resource Groundwaters is Appropriate

Appendix D

Confirmation of an Adequate Corrective Action Pursuant to 35 Ill. Adm.

Code 620.250(a)(2)

AUTHORITY: Implementing and authorized by Section 8 of the Illinois Groundwater

Protection Act [415 ILCS 55/8] and authorized by Section 27 of the Illinois Environmental

Protection Act [415 ILCS 5/27].

SOURCE: Adopted in R89-14(B) at 15 Ill. Reg. 17614, effective November 25, 1991;

amended in R89-14(C) at 16 Ill. Reg. 14667, effective September 11, 1992; amended at 18 Ill.

Reg. 14084, effective August 24, 1994; amended in R96-10 at 21 Ill. Reg. 6518, effective May

8, 1997; amended in R97-11 at 21 Ill. Reg. 7869, effective July 1, 1997; amended in R01-14 at

26 Ill. Reg. ________, effective __________.

SUBPART A: GENERAL

Section 620.110 Definitions

The definitions of the Environmental Protection Act [415 ILCS 5] and the Groundwater

Protection Act [415 ILCS 55] apply to this Part. The following definitions also apply to this

Part.

"Act" means the Environmental Protection Act [415 ILCS 5].

"Agency" means the Illinois Environmental Protection Agency.

"AQUIFER"

MEANS SATURATED (WITH GROUNDWATER) SOILS

AND GEOLOGIC MATERIALS WHICH ARE SUFFICIENTLY

PERMEABLE TO READILY YIELD ECONOMICALLY USEFUL

QUANTITIES OF WATER TO WELLS, SPRINGS, OR STREAMS

UNDER ORDINARY HYDRAULIC GRADIENTS.

"Aquifer" means

saturated (with groundwater) soils and geologic materials which are

sufficiently permeable to readily yield economically useful quantities of

water to wells, springs, or streams under ordinary hydraulic gradients.

[415 ILCS 55/3(b)](Section 3(b) of the IGPA).

"BETX" means the sum of the concentrations of benzene, ethylbenzene,

toluene, and xylenes.

"Board" means the Illinois Pollution Control Board.

"Carcinogen" means a chemical, or complex mixture of closely related

chemicals, thatwhich has been listed or classified in the Integrated Risk

Information System or as specified in a final rule adopted by USEPA in

accordance with USEPA Guidelines for Carcinogenic Risk Assessment,

incorporated by reference at Section 620.125, to be a group A, B1, or B2

carcinogen.

"Carcinogen" means a contaminant that is classified as a

Category A1 or A2 Carcinogen by the American Conference of

Governmental Industrial Hygienists; or a Category 1 or 2A/2B carcinogen

by the World Health Organization's International Agency for Research on

Cancer; or a "Human carcinogen" or "Anticipated Human Carcinogen"

by the United States Department of Health and Human Service National

Toxicological Program; or a Category A or B1/B2 Carcinogen by the

United States Environmental Protection Agency in Integrated Risk

Information System or a Final Rule issued in a Federal Register notice by

the USEPA.

[415 ILCS 5/58.2]

"COMMUNITY WATER SUPPLY" MEANS A PUBLIC SUPPLY

WHICH SERVES OR IS INTENDED TO SERVE AT LEAST 15

SERVICE CONNECTIONS USED BY RESIDENTS OR REGULARLY

SERVES AT LEAST 25 RESIDENTS

"Community water supply" means a

public supply which serves or is intended to serve at least 15 service

connections used by residents or regularly serves at least 25 residents

[415 ILCS 5/3.05](Section 3.05 of the Act)

"CONTAMINANT" MEANS ANY SOLID, LIQUID, OR GASEOUS

MATTER, ANY ODOR, OR ANY FORM OF ENERGY, FROM

WHATEVER SOURCE

"Contaminant" means any solid, liquid, or

gaseous matter, any odor, or any form of energy, from whatever source

[415 ILCS 5/3.06](Section 3.06 of the Act)

"Corrective action process" means those procedures and practices that may

be imposed by a regulatory agency when a determination has been made

that contamination of groundwater has taken place, and are necessary to

address a potential or existing violation of the standards set forth in

Subpart D.

"Cumulative impact area" means the area, including the coal mine area

permitted under the Surface Coal Mining Land Conservation and

ReclemationReclamation Act [225 ILCS 720] and 62 Ill. Adm. Code 1700

through 1850, within which impacts resulting from the proposed operation

may interact with the impacts of all anticipated mining on surface water

and groundwater systems.

"Department" means the Illinois Department of Natural Resources.

"Detection" means the identification of a contaminant in a sample at a

value equal to or greater than the:

"Method Detection Limit" or "MDL" thatwhich means the

minimum concentration of a substance that can be measured as

reported with 99 percent confidence that the true value is greater

than zero, pursuant to 56 Fed. Reg. 3526-3597, incorporated by

reference at Section 620.125; or

"Method Quantitation Limit" or "MQL" thatwhich means the

minimum concentration of a substance that can be measured and

reported pursuant to "Test Methods for Evaluating Solid Wastes,

Physical/ Chemical Methods", incorporated by reference at Section

620.125.

"Department" means the Illinois Department of Energy and Natural

Resources.

"GROUNDWATER" MEANS UNDERGROUND WATER WHICH

OCCURS WITHIN THE SATURATED ZONE AND GEOLOGIC

MATERIALS WHERE THE FLUID PRESSURE IN THE PORE SPACE

IS EQUAL TO OR GREATER THAN ATMOSPHERIC

PRESSURE

"Groundwater" means underground water which occurs

within the saturated zone and geologic materials where the fluid pressure

in the pore space is equal to or greater than atmospheric pressure

.[415

ILCS 5/3.64](Section 3.64 of the Act)

"Hydrologic balance" means the relationship between the quality and

quantity of water inflow to, water outflow from, and water storage in a

hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or

reservoir. It encompasses the dynamic relationships among precipitation,

runoff, evaporation, and changes in ground and surface water storage.

"IGPA" means the Illinois Groundwater Protection Act. [415 ILCS 55]

"LOAEL" or "Lowest observable adverse effect level" means the lowest

tested concentration of a chemical or substance thatwhich produces a

statistically significant increase in frequency or severity of non-overt

adverse effects between the exposed population and its appropriate

control. LOAEL may be determined for a human population (LOAEL-H)

or an animal population. (LOAEL-A).

“Licensed Professional Engineer”

or “LPE”

means a person, corporation,

or partnership licensed under the laws

of the State of Illinois to practice

professional engineering.

[415 ILCS 5/57.2]

“Licensed Professional Geologist”

or “LPG”

means an individual who is

licensed under the

Professional Geologist Licensing Act

to engage in the

practice of professional geology in Illinois.

(Professional Geologist

Licensing Act [225 ILCS 745/15])

"NOAEL" or "No observable adverse effect level" means the highest

tested concentration of a chemical or substance thatwhich does not

produce a statistically significant increase in frequency or severity of non-

overt adverse effects between the exposed population and its appropriate

control. NOAEL may be determined for a human population (NOAEL-H)

or an animal population (NOAEL-A).

"NON-COMMUNITY WATER SUPPLY" MEANS A PUBLIC WATER

SUPPLY THAT IS NOT A COMMUNITY WATER SUPPLY

"Non-

community water supply" means a public water supply that is not a

community water supply.

[415 ILCS 5/3.05](Section 3.05)

"Off-site" means not on-site.

"On-site" means on the same or geographically contiguous property

thatwhich may be divided by public or private right-of-way, provided the

entrance and exit between properties is at a crossroads intersection and

access is by crossing as opposed to going along the right-of-way.

Noncontiguous properties owned by the same person but connected by a

right-of-way thatwhich he controls and thatto which the public does not

have access to is also considered on-site property.

"Operator" means the person responsible for the operation of a site, facility

or unit. "Owner" means the person who owns a site, facility or unit or part

of a site, facility or unit, or who owns the land on which the site, facility or

unit is located.

"POTABLE" MEANS GENERALLY FIT FOR HUMAN

CONSUMPTION IN ACCORDANCE WITH ACCEPTED WATER

SUPPLY PRINCIPLES AND PRACTICES

"Potable" means generally fit

for human consumption in accordance with accepted water supply

principles and practices.

[415 ILCS 5/3.65](Section 3.65 of the Act)

"POTENTIAL PRIMARY SOURCE" MEANS ANY UNIT AT A

FACILITY OR SITE NOT CURRENTLY SUBJECT TO A REMOVAL

OR REMEDIAL ACTION WHICH

"Potential primary source" means any unit at a facility or site not

currently subject to a removal or remedial action which:

IS UTILIZED FOR THE TREATMENT, STORAGE, OR

DISPOSAL OF ANY HAZARDOUS OR SPECIAL WASTE

NOT GENERATED AT THE SITE; OR

IS UTILIZED FOR THE DISPOSAL OF MUNICIPAL WASTE

NOT GENERATED AT THE SITE, OTHER THAN

LANDSCAPE WASTE AND CONSTRUCTION AND

DEMOLITION DEBRIS; OR

IS UTILIZED FOR THE LANDFILLING, LAND TREATING,

SURFACE IMPOUNDING OR PILING OF ANY HAZARDOUS

OR SPECIAL WASTE THAT IS GENERATED ON THE SITE

OR AT OTHER SITES OWNED, CONTROLLED OR

OPERATED BY THE SAME PERSON; OR

STORES OR ACCUMULATES AT ANY TIME MORE THAN

75,000 POUNDS ABOVE GROUND, OR MORE THAN 7,500

POUNDS BELOW GROUND, OF ANY HAZARDOUS

SUBSTANCES

is utilized for the treatment, storage, or disposal of any hazardous

or special waste not generated at the site; or

is utilized for the disposal of municipal waste not generated at the

site, other than landscape waste and construction and demolition

debris; or

is utilized for the landfilling, land treating, surface impounding or

piling of any hazardous or special waste that is generated on the

site or at other sites owned, controlled or operated by the same

person; or

stores or accumulates at any time more than 75,000 pounds above

ground, or more than 7,500 pounds below ground, of any

hazardous substances.

[415 ILCS 5/3.59](Section 3.59 of the Act)

"POTENTIAL ROUTE" MEANS ABANDONED AND IMPROPERLY

PLUGGED WELLS OF ALL KINDS, DRAINAGE WELLS, ALL

INJECTION WELLS, INCLUDING CLOSED LOOP HEAT PUMP

WELLS, AND ANY EXCAVATION FOR THE DISCOVERY,

DEVELOPMENT OR PRODUCTION OF STONE, SAND OR

GRAVEL

"Potential route" means abandoned and improperly plugged

wells of all kinds, drainage wells, all injection wells, including closed loop

heat pump wells, and any excavation for the discovery, development or

production of stone, sand or gravel.

[415 ILCS 5/3.58](Section 3.58 of

the Act)

"POTENTIAL SECONDARY SOURCE" MEANS ANY UNIT AT A

FACILITY OR A SITE NOT CURRENTLY SUBJECT TO A

REMOVAL OR REMEDIAL ACTION, OTHER THAN A POTENTIAL

PRIMARY SOURCE, WHICH:

"Potential secondary source" means any unit at a facility or a site not

currently subject to a removal or remedial action, other than a potential

primary source, which:

IS UTILIZED FOR THE LANDFILLING, LAND TREATING,

OR SURFACE IMPOUNDING OF WASTE THAT IS

GENERATED ON THE SITE OR AT OTHER SITES OWNED,

CONTROLLED OR OPERATED BY THE SAME PERSON,

OTHER THAN LIVESTOCK AND LANDSCAPE WASTE,

AND CONSTRUCTION AND DEMOLITION DEBRIS; OR

STORES OR ACCUMULATES AT ANY TIME MORE THAN

25,000 BUT NOT MORE THAN 75,000 POUNDS ABOVE

GROUND, OR MORE THAN 2,500 BUT NOT MORE THAN

7,500 POUNDS BELOW GROUND, OF ANY HAZARDOUS

SUBSTANCE; OR

STORES OR ACCUMULATES AT ANY TIME MORE THAN

25,000 GALLONS ABOVE GROUND, OR MORE THAN 500

GALLONS BELOW GROUND, OF PETROLEUM,

INCLUDING CRUDE OIL OR ANY FRACTION THEREOF

WHICH IS NOT OTHERWISE SPECIFICALLY LISTED OR

DESIGNATED AS A HAZARDOUS SUBSTANCE; OR

STORES OR ACCUMULATES PESTICIDES, FERTILIZERS,

OR ROAD OILS FOR PURPOSES OF COMMERCIAL

APPLICATION OR FOR DISTRIBUTION TO RETAIL SALES

OUTLETS; OR

STORES OR ACCUMULATES AT ANY TIME MORE THAN

50,000 POUNDS OF ANY DE-ICING AGENT; OR

IS UTILIZED FOR HANDLING LIVESTOCK WASTE OR FOR

TREATING DOMESTIC WASTEWATERS OTHER THAN

PRIVATE SEWAGE DISPOSAL SYSTEMS AS DEFINED IN

THE PRIVATE SEWAGE DISPOSAL LICENSING ACT

is utilized for the landfilling, land treating, or surface impounding

of waste that is generated on the site or at other sites owned,

controlled or operated by the same person, other than livestock

and landscape waste, and construction and demolition debris; or

stores or accumulates at any time more than 25,000 but not more

than 75,000 pounds above ground, or more than 2,500 but not

more than 7,500 pounds below ground, of any hazardous

substance; or

stores or accumulates at any time more than 25,000 gallons above

ground, or more than 500 gallons below ground, of petroleum,

including crude oil or any fraction thereof which is not otherwise

specifically listed or designated as a hazardous substance; or

stores or accumulates pesticides, fertilizers, or road oils for

purposes of commercial application or for distribution to retail

sales outlets; or

stores or accumulates at any time more than 50,000 pounds of any

de-icing agent; or

is utilized for handling livestock waste or for treating domestic

wastewaters other than private sewage disposal systems as defined

in the Private Sewage Disposal Licensing Act

[225 ILCS 225].

[415 ILCS 5/3.60]

"Practical Quantitation Limit" or "PQL" means the lowest concentration or

level that can be reliably measured within specified limits of precision and

accuracy during routine laboratory operating conditions in accordance

with "Test Methods for Evaluating Solid Wastes, Physical/Chemical

Methods", EPA Publication No. SW-846, incorporated by reference at

Section 620.125.

"Previously mined area" means land disturbed or affected by coal mining

operations prior to February 1, 1983.

(Board

NoteBOARD NOTE: February 1, 1983, is the effective date of the

Illinois permanent program regulations implementing the Surface Coal

Mining Land Conservation and Reclamation Act [225 ILCS 720] as

codified in 62 Ill. Adm. Code 1700 through 1850.)

"Property class" means the class assigned by a tax assessor to real property

for purposes of real estate taxes.

(Board

NoteBOARD NOTE: The property class [(rural property,

residential vacant land, residential with dwelling, commercial residence,

commercial business, commercial office, or industrial)] is identified on the

property record card maintained by the tax assessor in accordance with the

Illinois Real Property Appraisal Manual [(February 1987)], published by

the Illinois Department of Revenue, Property Tax Administration Bureau.)

"PUBLIC WATER SUPPLY" MEANS ALL MAINS, PIPES AND

STRUCTURES THROUGH WHICH WATER IS OBTAINED AND

DISTRIBUTED TO THE PUBLIC, INCLUDING WELLS AND WELL

STRUCTURES, INTAKES AND CRIBS, PUMPING STATIONS,

TREATMENT PLANTS, RESERVOIRS, STORAGE TANKS AND

APPURTENANCES, COLLECTIVELY OR SEVERALLY, ACTUALLY

USED OR INTENDED FOR USE FOR THE PURPOSE OF

FURNISHING WATER FOR DRINKING OR GENERAL DOMESTIC

USE AND WHICH SERVE AT LEAST 15 SERVICE CONNECTIONS

OR WHICH REGULARLY SERVE AT LEAST 25 PERSONS AT

LEAST 60 DAYS PER YEAR. A PUBLIC WATER SUPPLY IS

EITHER A "COMMUNITY WATER SUPPLY" OR A "NON-

COMMUNITY WATER SUPPLY"

"Public water supply" means all

mains, pipes and structures through which water is obtained and

distributed to the public, including wells and well structures, intakes and

cribs, pumping stations, treatment plants, reservoirs, storage tanks and

appurtenances, collectively or severally, actually used or intended for use

for the purpose of furnishing water for drinking or general domestic use

and which serve at least 15 service connections or which regularly serve

at least 25 persons at least 60 days per year. A public water supply is

either a "community water supply" or a "non-community water supply".

[415 ILCS 5/3.28](Section 3.28 of the Act)

"Regulated entity" means a facility or unit regulated for groundwater

protection by any stateState or federal agency.

"Regulatory agency" means the Illinois Environmental Protection Agency,

Department of Public Health, Department of Agriculture, Departmentthe

Office of Mines and Minerals in the Department of Natural Resources, and

the Office of State Fire Marshal.

"REGULATED RECHARGE AREA" MEANS A COMPACT

GEOGRAPHIC AREA, AS DETERMINED BY THE BOARD

"Regulated recharge area" means a compact geographic area, as

determined by the Board

pursuant to Section 17.4 of the Act,THE

GEOLOGY OF WHICH RENDERS A POTABLE RESOURCE

GROUNDWATER PARTICULARLY SUSCEPTIBLE TO

CONTAMINATION

the geology of which renders a potable resource

groundwater particularly susceptible to contamination

. [415 ILCS

5/3.67](Section 3.67 of the Act)

"RESOURCE GROUNDWATER" MEANS GROUNDWATER THAT IS

PRESENTLY BEING, OR IN THE FUTURE IS CAPABLE OF BEING,

PUT TO BENEFICIAL USE BY REASON OF BEING OF SUITABLE

QUALITY

"Resource groundwater" means groundwater that is presently

being, or in the future is capable of being, put to beneficial use by reason

of being of suitable quality

. [415 ILCS 5/3.66](Section 3.66 of the Act)

"SETBACK ZONE" MEANS A GEOGRAPHIC AREA, DESIGNATED

PURSUANT TO THIS ACT, CONTAINING A POTABLE WATER

SUPPLY WELL OR A POTENTIAL SOURCE OR POTENTIAL

ROUTE HAVING A CONTINUOUS BOUNDARY, AND WITHIN

WHICH CERTAIN PROHIBITIONS OR REGULATIONS ARE

APPLICABLE IN ORDER TO PROTECT GROUNDWATERS

"Setback

zone" means a geographic area, designated pursuant to this Act,

containing a potable water supply well or a potential source or potential

route having a continuous boundary, and within which certain

prohibitions or regulations are applicable in order to protect

groundwaters

[415 ILCS 5/3.61]

(Section 3.61 of the Act)

"SITE" MEANS ANY LOCATION, PLACE, TRACT OF LAND AND

FACILITIES, INCLUDING BUT NOT LIMITED TO, BUILDINGS

AND IMPROVEMENTS USED FOR THE PURPOSES SUBJECT TO

REGULATION OR CONTROL BY THE ACT OR REGULATIONS

THEREUNDER

"Site" means any location, place, tract of land and

facilities, including but not limited to, buildings and improvements used

for the purposes subject to regulation or control by the Act or regulations

thereunder

[415 ILCS 5/3.43](Section 3.43 of the Act)

"Spring" means a natural surface discharge of an aquifer from rock or soil.

"Threshold dose" means the lowest dose of a chemical at which a specified

measurable effect is observed and below which it is not observed.

"Treatment" means the technology, treatment techniques, or other

procedures for compliance with 35 Ill. Adm. Code:, Subtitle F.

"UNIT" MEANS ANY DEVICE, MECHANISM, EQUIPMENT, OR

AREA (EXCLUSIVE OF LAND UTILIZED ONLY FOR

AGRICULTURAL PRODUCTION)

"Unit" means any device, mechanism,

equipment, or area (exclusive of land utilized only for agricultural

production)

[415 ILCS 5/3.62](Section 3.62 of the Act)

"USEPA" means the United States Environmental Protection Agency.

(Source: Amended at 26 Ill. Reg. _____, effective _______________)

SUBPART C: NONDEGRADATION PROVISIONS FOR APPROPRIATE

GROUNDWATERS

Section 620.310 Preventive Response Activities

a) The following preventive assessment must be undertaken:

1) If a preventive notification under Section 620.305(c) is provided by a

community water supply:

A) The Agency shall notify the owner or operator of any identified

potential primary source, potential secondary source, potential

route, or community water supply well that is located within 2,500

feet of the wellhead.

B) The owner or operator notified under subsection (a)(1)(A) shall,

within 30 days afterof the date of issuance of such notice, sample

each water well or monitoring well for the contaminant identified

in the notice if the contaminant or material containing such

contaminant is or has been stored, disposed of, or otherwise

handled at the site. If a contaminant identified under Section

620.305(a) is detected, then the well must be resampled within 30

days of the date on which the first sample analyses are received. If

a contaminant identified under Section 620.305(a) is detected by

the resampling, preventive notification must be given as set forth

in Section 620.305.

If the Agency receives analytical results under subsection (a)(1)(B)

that show a contaminant identified under Section 620.305(a) has

been detected, the Agency shall:

Conduct a well site survey pursuant to 415 ILCS

5/17.1(d)Section 17.1(d) of the Act, if such a survey has

not been previously conducted within the last 5 years; and

ii)

Identify those sites or activities thatwhich represent a

hazard to the continued availability of groundwaters for

public use unless a groundwater protection needs

assessment has been prepared pursuant to 415 ILCS

5/17.1(d)Section 17.1 of the Act.

If a preventive notification is provided under Section 620.305(c) by a non-

community water supply or for multiple private water supply wells, the

Department of Public Health shall conduct a sanitary survey within 1,000

feet of the wellhead of a non-community water supply or within 500 feet

of the wellheads for multiple private water supply wells.

If a preventive notification under Section 620.305(b) is provided by the

owner or operator of a regulated entity and the applicable standard in

Subpart D has not been exceeded:

The appropriate regulatory agency shall determine if any of the

following occurs for Class I: Potable Resource Groundwater:

The levels set forth below are exceeded or are changed for

ortho-Dichlorobenzene

0.01

Ethylbenzene

0.03

Methyl Tertiary-Butyl Ether 0.02

A statistically significant increase occurs above background

(as determined pursuant to other regulatory procedures

(e.g., 35 Ill. Adm. Code 616, 724, 725 or 811)) for arsenic,

beryllium, cadmium, chromium, cyanide, lead, or mercury

or thallium (except due to natural causes); or for aldicarb,

atrazine, carbofuran, dalapon, dinoseb, endrin, endothall,

hexachlorocyclopentadiene, lindane (gamma-hexachloro

cyclohexane), 2,4-D, 1, 1 - dichloroethylene, cis - 1, 2 -

dichloroethylene, trans-1,2-dichloroethylene,

methoxychlor, monochlorobenzene, picloram, simazine,

2,4,5-TP (Silvex), 1,2,4-trichloro- benzene, 1,1,2-

trichloroethane, and 1, 1, 1 - trichloroethane.

iii) For a chemical constituent of gasoline, diesel fuel, or

heating fuel, the constitutentconstituent exceeds the

iv) For pH, a statistically significant change occurs from

background.

(Board NoteBOARD NOTE: Constituents that are carcinogens have not

been listed in subsection (a)(3)(A) because the standard is set at the PQL

and any exceedence thereof is a violation subject to corrective action.)

B) The appropriate agency shall determine if, for Class III: Special

Resource Groundwater, the levels as determined by the Board are

exceeded.

C) The appropriate regulatory agency shall consider whether the

owner or operator reasonably demonstrates that:

i) The contamination is a result of contaminants remaining in

groundwater from a prior release for which appropriate

action was taken in accordance with laws and regulations in

existence at the time of the release;

ii) The source of contamination is not due to the on-site

release of contaminants; or

iii) The detection resulted from error in sampling, analysis, or

evaluation.

D) The appropriate regulatory agency shall consider actions necessary

to minimize the degree and extent of contamination.

b) The appropriate regulatory agency shall determine whether a preventive response

must be undertaken based on relevant factors including, but not limited to, the

considerations in subsection (a)(3).

c) After completion of preventive response pursuant to authority of an appropriate

regulatory agency, the concentration of a contaminant listed in subsection

(a)(3)(A) in groundwater may exceed 50 percent of the applicable numerical

standard in Subpart D only if the following conditions are met:

1) The exceedence has been minimized to the extent practicable;

2) Beneficial use, as appropriate for the class of groundwater, has been

assured; and

3) Any threat to public health or the environment has been minimized.

d) Nothing in this Section shall in any way limit the authority of the State or of the

United States to require or perform any corrective action process.

(Source: Amended at 26 Ill. Reg. _____, effective _______________)

SUBPART D: GROUNDWATER QUALITY STANDARDS

Section 620.410 Groundwater Quality Standards for Class I: Potable Resource

Groundwater

a) Inorganic Chemical Constituents

Except due to natural causes or as provided in Section 620.450, concentrations of

the following chemical constituents must not be exceeded in Class I groundwater:

b) Organic Chemical Constituents

Except due to natural causes or as provided in Section 620.450 or subsection (c),

concentrations of the following organic chemical constituents shall not be

exceeded in Class I groundwater:

Di(2-ethylhexyl)phthalate*

Hexachlorocyclopentadiene

0.05

Lindane

(Gamma-

Hexachlorocyclohexane)

0.0002

2,4-D

0.07

ortho-Dichlorobenzene

0.6

para-Dichlorobenzene

0.075

1,2-Dibromo-3-Chloropropane*

cis-1,2-Dichloroethylene

0.07

trans-1,2-Dichloroethylene

Methyl Tertiary-Butyl Ether 0.07

Biphenyls(PCB'sPCBs)(as

decachloro- biphenyl)*

1,1,1-Trichloroethane

0.2

1,1,2-Trichloroethane

0.005

1,2,4-Trichlorobenzene

*Denotes a carcinogen.

c) Complex Organic Chemical Mixtures

Concentrations of the following chemical constitutentsconstituents of gasoline,

diesel fuel, or heating fuel must not be exceeded in Class I groundwater:

*Denotes a carcinogen.

d) pH

Except due to natural causes, a pH range of 6.5 - 9.0 units must not be exceeded

in Class I groundwater.

e) Beta Particle and Photon Radioactivity

1) Except due to natural causes, the average annual concentration of beta

particle and photon radioactivity from man-made radionuclides shall not

exceed a dose equivalent to the total body organ greater than 4 mrem/year

in Class I groundwater. If two or more radionuclides are present, the sum

of their dose equivalent to the total body, or to any internal organ shall not

exceed 4 mrem/year in Class I groundwater except due to natural causes.

2) Except for the radionuclides listed in subsection (e)(3), the concentration

of man-made radionuclides causing 4 mrem total body or organ dose

equivalent must be calculated on the basis of a 2 liter per day drinking

water intake using the 168-hour data in accordance with the procedure set

forth in NCRP Report Number 22, incorporated by reference at in Section

620.125(a).

3) Except due to natural causes, the average annual concentration assumed to

produce a total body or organ dose of 4 mrem/year of the following

chemical constituents shall not be exceeded in Class I groundwater:

(Source: Amended at 26 Ill. Reg. _____, effective _______________)

Section 620.420 Groundwater Quality Standards for Class II: General Resource

Groundwater

a) Inorganic Chemical Constituents

1) Except due to natural causes or as provided in Section 620.450 or

subsection (a)(3) or (d) of this Section, concentrations of the following

chemical constituents must not be exceeded in Class II groundwater:

2) Except as provided in Section 620.450 or subsection (a)(3) or (d) of this

Section, concentrations of the following chemical constituents must not be

exceeded in Class II groundwater:

Total Dissolved Solids

3) The standard for any inorganic chemical constituent listed in subsection

(a)(2) of this Section, for barium, or for pH does not apply to groundwater

within fill material or within the upper 10 feet of parent material under

such fill material on a site not within the rural property class for which:

A) Prior to November 25, 1991the effective date of this Part, surficial

characteristics have been altered by the placement of such fill

material so as to impact the concentration of the parameters listed

in subsection (a)(3) of this Section, and any on-site groundwater

monitoring of such parameters is available for review by the

Agency.

B) On November 25, 1991the effective date of this Part, surficial

characteristics are in the process of being altered by the placement

of such fill material, thatwhich proceeds in a reasonably

continuous manner to completion, so as to impact the

concentration of the parameters listed in subsection (a)(3) of this

Section, and any on-site groundwater monitoring of such

parameters is available for review by the Agency.

4) For purposes of subsection (a)(3) of this Section, the term "fill material"

means clean earthen materials, slag, ash, clean demolition debris, or other

similar materials.

b) Organic Chemical Constituents

1) Except due to natural causes or as provided in Section 620.450 or

subsection (b)(2) or (d) of this Section, concentrations of the following

organic chemical constituents must not be exceeded in Class II

Di(2-ethylhexyl)phthalate*

Hexachlorocyclopentadiene

1,2-Dibromo-3-Chloropropane*

cis-1,2-Dichloroethylene

0.2

Trans-1,2-Dichloroethylene

Methyl Tertiary-Butyl Ether (MTBE) 0.07

Polychlorinated Biphenyls (PCB'sPCBs)

(as decachloro-biphenyl)*

1,1,1-Trichloroethane

1.0

1,2,4-Trichlorobenzene

0.7

1,1,2-Trichloroethane

*Denotes a carcinogen.

2) The standards for pesticide chemical constituents listed in subsection

(b)(1) of this Section do not apply to groundwater within 10 feet of the

land surface, provided that the concentrations of such constituents result

from the application of pesticides in a manner consistent with the

requirements of the Federal Insecticide, Fungicide and Rodenticide Act (7

U.S.C.USC 136 et seq.) and the Illinois Pesticide Act [415 ILCS 60].

c) Complex Organic Chemical Mixtures

Concentrations of the following organic chemical constituents of gasoline, diesel

fuel, or heating fuel must not be exceeded in Class II groundwater:

*Denotes a carcinogen.

d) pH

Except due to natural causes, a pH range of 6.5 - 9.0 units must not be exceeded

in Class II groundwater that is within 5 feet of the land surface.

(Source: Amended at 26 Ill. Reg. _____, effective _______________)

SUBPART E: GROUNDWATER MONITORING AND ANALYTICAL PROCEDURES

Section 620.505 Compliance Determination

a) Compliance with standards at a site is to be determined as follows:

1) For a structure (e.g., buildings), at the closest practical distance beyond the

outermost edge for the structure.

2) For groundwater that underlies a potential primary or secondary source,

the outermost edge as specified in Section 620.240(e)(1).

3) For groundwater that underlies a coal mine refuse disposal area, a coal

combustion waste disposal area, or an impoundment that contains sludge,

slurry, or precipitated process material at a coal preparation plant, the

outermost edge as specified in Section 620.240(f)(1) or location of

monitoring wells in existence as of the effective date of this Part on a

permitted site.

4) For a groundwater management zone, as specified in a corrective action

process.

5) For groundwater Aat any point, where at which groundwater monitoring is

conducted using a any water well, or a monitoring well that meets one of

the following conditions:

For a potable water supply well if geologic log(s) exist for this well

or geologic logs in the immediate 1,000-foot area of this well are

representative of the hydrogeologic materials encountered by this

well as determined by a licensed professional geologist or a

registeredlicensed professional engineer.; or

B)A) For a potable water supply well other than a community water

supply well, a construction report has been filed with the

Department of Public Health for such potable well, or such well

has been located and constructed (or reconstructed) to meet the

Illinois Water Well Construction Code [415 ILCS 30] and 77 Ill.

Adm. Code 920.,

For a potable water supply well that was constructed prior to

August 20, 1965, the enactment of the Illinois Water Well

Construction Code [415 ILCS 30/1], and meets all of the following

criteria:

Construction must be done in a manner that will enable the

collection of groundwater samples that represent in situ

groundwater conditions;

ii)

Casings and screens must be made from durable material

resistant to expected chemical or physical degradation that

do not interfere with the quality of groundwater samples

being collected; and

iii)

The annular space opposite the screened section of the well

(i.e., the space between the bore hole and well screen) must

be filled with gravel or sand if necessary to collect

groundwater samples. The annular space above and below

the well screen must be sealed to prevent migration of

water from adjacent formations and the surface to the

sampled depth.

D)B) For a community water supply well, such well has been permitted

by the Agency, or has been constructed in accordance with 35 Ill.

Adm. Code 602.115.

E)C) For a water well other than a potable water supply well (e.g., a

livestock watering well or an irrigation well), a construction report

has been filed with the Department of Public Health or the

Departmentthe Office of Mines and Minerals in the Department of

Natural Resources for such well, or such well has been located and

constructed (or reconstructed) to meet the Illinois Water Well

Construction Code [415 ILCS 30] and 35 Ill. Adm. Code 920.

F)D) For a monitoring well, such well meets the following requirements:

i) Construction must be done in a manner that will enable the

collection of groundwater samples;

ii) Casings and screens must be made from durable material

resistant to expected chemical or physical degradation that

do not interfere with the quality of groundwater samples

being collected; and

iii) The annular space opposite the screened section of the well

(i.e., the space between the bore hole and well screen) must

be filled with gravel or sand if necessary to collect

groundwater samples. The annular space above and below

the well screen must be sealed to prevent migration of

water from adjacent formations and the surface to the

sampled depth.

6) For

groundwater at any potable water supply well listed, monitoring

Monitoring shall not be conducted for compliance determinations pursuant

to subsection a) of this Section:

For a water well:

Less than 15 feet in total depth from the land surface, and

ii)

bored or dug, and

iii)

constructed of permeable materials (e.g., cement, tile, stone

or brick), and

iv)

36 inches or more in diameter.

For a water well with water quality problems due to damaged well

construction materials or poorly-designed well construction;

For a water well in a basement or pit; or

D) For

a water well water from a holding tank.

For a spring, compliance with this Subpart shall be determined at the point of

emergence.

(Source: Amended at 26 Ill. Reg. ____, effective _____________)

This opinion constitutes the Board’s findings of fact and conclusions of law in this

matter.

IT IS SO ORDERED.

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

adopted the above opinion and order on January 24, 2002, by a vote of 7-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board