ILLINOIS POLLUTION CONTROL BOARD

August

11, 1994

IN THE MATTER OF:

)

GROUNDWATER PROTECTION: AMENDMENTS

)

R93-27

TO GROUNDWATER QUALITY STANDARDS

)

(Rulemaking)

(35 ILL. ADN. CODE 620)

)

Adopted Rule.

Final Order.

OPINION

AND

ORDER OF THE

BOARD

(by R.C.

Flemal):

By

today’s

action the Board adopts certain amendments to its

groundwater quality standards found at 35 Iii.

Adin. Code 620.

The impetus for these amendments is a proposal filed by the

Illinois Environmental Protection Agency

(Agency) under the

general rulemaking provisions of Sections 27 and 28 of the

Environmental Protection Act

(Act)

(415 ILCS 5/27—28).

The Board is charged under the Act to “determine, define and

implement the environmental control standards applicable in the

State of Illinois”

(415 ILCS 5/5(b)).

More generally,

the

Board’s rulemaking charge is based on the system of checks and

balances integral to Illinois environmental governance: the Board

bears responsibility for the rulemaking and principal

adjudicatory functions,

whereas the Agency

is responsible for

carrying out the principal administrative duties,

including

proposal and administration of regulations.

The principal items in today’s amendments are

(1) addition

of Class

I and Class

II groundwater quality standards for sixteen

chemicals for which standards have not previously been

promulgated,

(2)

amendment of certain preventive notification and

response provisions,

including listing of ten of the new sixteen

chemicals there, and

(3) making various amendments of a

conforming nature.

A full discussion of the amendments

is

presented below.

PROCEDURAL HISTORY

The Agency filed its initial proposal on October 18,

1993

and an addendum to the proposal on January 19,

1994.

Hearings

were held on February 10,

1994 in Chicago and on February 8,

1994

and February 23,

1994

in Springfield before hearing officer

Michelle C. Dresdow.

Testimony in support of the amendments was

presented by Richard

P. Cobb, Manager of the Agency’s Groundwater

Section of the Division of Public Water Supplies in the Bureau of

Water and Dr. Thomas Hornshaw of the Agency’s Office of Chemical

Safety.

---

—2—

The rules were published for first notice at 18 Ill. Reg.

5113, April

1,

1994.

The first notice public comment period

expired on May 16,

1994.

Five public comments

(PC) were received during the first

notice comment period.

In PC #1 Business and Professional People

for the Public Interest, The McHenry County Defenders,

Citizens

for a Better Environment, and The Illinois Chapter of the Sierra

Club, expressed support for the amendment at 620.302(b) (4).

Public comments #2 and #3, filed by the Administrative Code

Division of the Office of the Secretary of State

(Code Division)

and by the Agency, respectively, recommended various amendments

to the first notice proposal.

Public comments #4 and #5, filed

by Ciba Plant Protection

(Ciba)

and Waste Management,

Inc.

(WMI),

recommended actions in regard to simazine and ethylene dibromide,

respectively.

The manner in which the Board has disposed of

these various recommendations is discussed below.

On June 2,

1994 the Board adopted a second notice proposal.

The second notice proposal was reviewed by the Joint Committee on

Administrative Rules on July 19,

1994,

at which time it voted a

notice of no objection.

GROUNDWATER

STANDARDS

Basis

for

Selection

of

Constituents

National Primary Drinking Water Standards were at the

foundation of many of the groundwater standards set when Part 620

was initially adopted).

The basic premise was then,

and remains,

that groundwater that is naturally potable should not be made

nonpotable because of pollution.

The maximum contaminant levels

(MCLs)

that constitute the National Primary Drinking Water

Standards accordingly were used to set the standards that would

define the potability of groundwater.

The potability standards

are the Class

I groundwater standards.

At the time of its promulgation of the original list of

groundwater standards,

the Board observed that USEPA was then

evaluating additional constituents for possible addition to the

list of National Primary Drinking Water Standards.

The Board

accordingly observed that updates of the groundwater standards

would be in order as new MCLs were promulgated.

New MCLs were promulgated by USEPA on July 17,

1992

(57 Fed.

Reg.

31776).

These are known as the “Phase V” drinking water

standards.

The Phase V standards constituted the Agency’s

In the Matter of: Groundwater Quality Standards

(35 Ill.

Adm. Code 620), R89—14(B),

127 PCB 53, November 7,

1991.

---

—3—

“first—cut” of constituents to be considered for new groundwater

standards.

The Agency shortened the “first-cut” list by eliminating

those constituents that have not been found in Illinois

groundwater.

This procedure allowed the list of twenty—three

Phase V constituents to be reduced to fourteen.

The same review,

however, revealed the presence in Illinois groundwater of two

additional constituents for which NCLs had been promulgated in

the earlier Phase

112 rulemaking, but for which no Illinois

groundwater standards had yet been adopted.

These two, ethylene

dibromide and 1,2-dibromo-3-chloropropane, along with the

fourteen Phase V constituents, comprise the constituents of

interest in the instant rulemaking.

Class

I Standards

The numeric values of the new groundwater standards proposed

today are,

as is the case with the existing standards, dependent

upon the classification of the groundwater.

For Class

I

groundwater, which includes all of the State’s “Potable Resource

Groundwater”,

the proposed new groundwater standards are equal to

the NCL5 as adopted by the USEPA,

as listed in Table

I.

Table

I:

PROPOSED

NEW

GROUNDWATER STANDARDS

Class

I

Class II

Constituent

(rng/L)

(mg/L)

Antimony

0.006

0.024

Beryllium

0.004

0.5

Thallium

0.002

0.02

Benzo(a)pyrene

0.0002

0.002

Dalapon

0.2

2.0

Dichioromethane

0.005

0.05

Di (2—ethylhexyl)phthalate

0.006

0.06

Dinoseb

0.007

0.07

Endothall

0.1

0.1

Ethylene Dibromide

0.00005

0.0005

Hexachiorocyclopentadiene

0.05

0.5

1,2—Dibromo—3--Chloropropane

0.0002

0.002

Picloram

0.5

5.0

Sixnazine

0.004

0.04

1,2,4—Trichlorobenzene

0.07

0.7

1,1,2—Trichioroethane

0.005

0.05

2

Phase II standards were promulgated in January 1991

(56

Fed. Reg. 3528).

The Phase II NCL5 were considered by the Board

during the Board’s promulgation of the State’s original

groundwater standards

in November 1991.

---

—4—

The Board will not here restate the justification for the

numeric values of the individual standards.

These are in each

case the same as the justification for the MCLs.

The interested

person is directed to the January 30, 1991 and July 17,

1992

issues of the Federal Register and to Exhibit #3 of the instant

record for a constituent—by—constituent analysis of the values at

which USEPA has set the MCLs.

Class II Standards

The standards for Class II groundwaters are

in most cases

based on the capabilities of treatment technologies.

Here, as in

the original set of Class II groundwater standards, the most cost

effective best available treatment

(BAT) technologies are

generally capable of removal of 90

of the contaminant.

Thus,

most of the proposed Class II standards are ten times the Class

I

standard.

Three exceptions to the 90-BAT

derivation of the proposed

Class II standards are the two inorganic chemicals,

antimony and

beryllium, and the pesticide endothall.

For antimony the Agency proposed a standard based on a most

cost effective BAT efficiency of 75.

USEPA has determined that

coagulation/filtration (C/F) and reverse osmosis are BATs for

antimony.

(57 Fed. Reg.

31809, July 17,

1992.)

C/F, which is

the most cost effective of these, has a 75

removal efficiency

for antimony.

(Attachment

II to R. Cobb Testimony.)

For beryllium the Agency proposed

a. Class II standard that

is based on use of water for irrigation.

The Agency observed

that beryllium is toxic to plants and hence a more stringent

beryllium standard is necessary

to

protect

this

use

of

groundwater.

The Class II standard for endothall

is based on the

manufacturer’s label restriction that indicates that dosages

greater than 0.3 ing/L will kill fish.

Since groundwater often

discharges into surface waters, the Agency believes, and the

Board agrees, that protection of fish populations requires

a more

stringent Class II standard for endothall than would follow from

simply applying a BAT-based multiplier to the Class

II standard.

Simazine not a Carcinogen

As proposed by the Agency and as adopted by the Board at

first notice the pesticide simazine, which is one of the

chemicals for which groundwater standards are today adopted, had

next to it an asterisk

(‘$*‘t)

in the tables at 620.410(b)

and

620.420(b).

An asterisk is used in these tables to denote a

carcinogen.

A carcinogen is defined at 35

Iii.

Adin.

Code 620.10

(emphasis added):

---

—5—

“Carcinogen” means a chemical,

or complex mixture of

closely related chemicals, which 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.

As was pointed out by both the Agency

(PC #3) and Ciba (PC

#4) subsequent to first notice,

siinazine is neither a group A nor

group B carcinogen,

and hence it should not have been designated

a carcinogen at either 620.410(b)

or 620.420(b).

The Board

rectified this matter for second notice.

Listing of Ethylene Dibromide

In PC #5

WMI

contended that ethylene dibromide need not and

should not be added to the list of chemicals for which standards

are today adopted.

WHI

based this contention on the belief that

ethylene dibromide has not been found in Illinois groundwater,

and is not likely to occur because its primary use

is as a

fumigant for orchard trees.

(u.)

In support of its position,

WMI

cited a March 1994 draft report “Illinois Generic State

Management Plan for Pesticides in Groundwater”, prepared by the

Pesticide Subcommittee of the Interagency Coordinating Committee

on Groundwater3.

The Pesticide Subcommittee’s draft report indeed does not

list ethylene dibromide as a chemical that has been detected in

any rural,

private water supply wells.

However, ethylene

dibromide

i~a~

been

found

in

public

water

supply

wells

in

the

State, as is a matter of record in the instant proceeding

(Exh.

8

at p.

2).

On this basis the Board has declined deleting ethylene

dibromide from the amendments.

MISCELLANEOUS AMENDMENTS

Incorporation

by

Reference:

Sections

620.125,

620.510,

and

620. 605

Pursuant

to

today’s

amendments,

the

Federal

Register

reference

to

the

Phase

V

final

rule

is

incorporated

by

reference.

Citation to the incorporated reference is also added to the

Health Advisory provisions at Section 620.605.

These amendments

conform use of the Phase V final rule to the structure used for

the Phase II final rule.

~WNI

cites another report,

“Initial Evaluation:

Impacts of

Pesticides

on

Groundwater

in

Illinois.

Report

to

the

Illinois

Legislature, January 1990”.

However, this report was not

included with the

Afl~II

comment.

---

—6—

In its first notice public comment

(PC #3) the Agency

observed that the reference “Test Methods for Evaluating Solid

Wastes, Physical/Chemical Methods” was now available in a final,

updated edition, and recommended amending the citation to reflect

this latest edition.

The Board adopted this amendment for second

notice.

In its first notice public comment

(PC #3) the Agency also

recommended adding citation to incorporations by reference at

620.501(b).

Section 620.501 had not been proposed for amendment

at first notice.

Although the Board normally does not propose to

amend at second notice a section that it had not proposed to

amend at first notice, the Board found reason at second notice to

accept the Agency’s recommendation.

The citations at issue are

generally available and generally consulted by persons who must

comply with this Section 620.510.

The added citations, by

providing additional acceptable sources of sampling and

analytical protocol, thereby assist persons who are responsible

for assessing compliance,

and hence assist with compliance

itself.

The type of change here is also identical to the type of

change proposed at first notice to Section 620.605(b) (1): that

is, an updated incorporation by reference.

Typographical Error:

Section 620.210

The definition of potable resource

(Class

I)

groundwater as

adopted in November 1991 contains at Section 620.120(a) (3)

a

reference to fractured carbonate that is “15 feet of more in

thickness”.

The Agency observes, and the Board agrees, that this

reference should read “15 feet or more in thickness”.

Today’s

amendment corrects that error.

Cross

Reference/Statute

Citation

at

Section

620.260

As originally adopted, Section 620.260(a)

contains a cross

reference to 620.240(b).

The Agency observes, and the Board

agrees, that this cross reference makes sense and is consistent

with the other cross references at 620.260(a)

only if the

reference is to the whole of Section 620.240, rather than just

620.240(b).

This matter is corrected today by deleting the

“

(b)

“

Preventive

Notice

and

Response:

Sections

620.310

and

620.410

In the R89-14(B) regulatory proceeding,

the Agency proposed

and the Board established certain preventive notice and

preventive response levels for toxic heavy metals, the common

organic and petrochemical contaminants, and contaminants

identified as Carcinogens at Section 620.410(b).

As adopted, the

application of the preventive notice and preventive response

regulation is limited to those persons who conduct groundwater

monitoring

pursuant

to

some

other

State

or

federal

regulatory

program.

In

addition,

preventive

notice

and preventive response

---

—7—

is associated only with the high-quality, high-use groundwater,

Class

I and Class III groundwater.

At the time that the Agency proposed, and the Board adopted,

these preventive notification provisions, those owners and

operators of facilities that were conducting groundwater

monitoring pursuant to a federal or State judicial or

administrative order were not explicitly included in the

provisions.

The Agency now believes that facilities conducting

groundwater monitoring under the supervision of a judicial or

administrative order should be subject to the preventive

notification and preventive response provisions.

The Agency also proposed that the Board amend its existing

preventive notification and preventive response levels of

Subsection 620.310(a) (3) (A)

to include those constituents under

consideration today that would require early alert upon detection

and response considerations under Subpart C of 35 Iii. Adm. Code

620.

There are ten constituents accordingly added to

620.310 (A) (3) (A)

today.

These are:

beryllium,

thallium, dalapon,

dinoseb,

endothall, picloram, simazine,

1,2, 4—trichlorobenzene,

1,1,2—trichloroethane,

and hexachlorocyclopentadiene.

The Agency had originally and by PC #3 proposed that

thirteen constituents be added at Section 620.310(a) (3) (A).

However,

it was not recognized by the Board, or otherwise brought

to the Board’s attention,

until immediately prior to today’s

final action that three of the Agency’s thirteen constituents

benzo(a)pyrene,

di (2-ethylhexyl)phthalate, and dichloromethane

were not present in either the first or second notice drafts of

620.310.

Time has accordingly passed on any opportunity to add

these three constituents to 620.310 in the instant docket.

The

Board anticipates that this matter can be redressed in a

subsequent Board proceeding.

Spelling Corrections: Sections 620.310, 620.410,

and 620.420

The Agency observed that the chemical name for the pesticide

Lindane, gamma—hexachlorocyclohexane,

is misspelled (second “o”

is missing)

in its use throughout Part 620.

The Agency further

observed that decachloro—biphenyl is misspelled

(“h” and “e”

reversed)

at Section 620.410(b).

The Agency recommended, and the

Board today adopts, correction of these misspellings.

Class

I

Standard

for

polychiorinated

biphenyls:

Section

620.410

The Agency observed that the NCL for polychlorinated

biphenyls (PCBs)

is 0.0005 xng/L,

but that the Class I groundwater

standard for PCBs at Section 620.410 is listed at 0.005 mg/L.

The Agency contends, and the Board agrees, the 0.005 ing/L is a

typographical error undetected at the time of adoption of the PCB

groundwater

standard.

Today’s

amendments

correct

that

error.

---

—8—

Citations

to

Statutory

Provisions:

Authority

Note

and

Sections

620.260 and 620.420

The Authority Note and two sections that the Agency proposed

for amendment contain references to the Illinois Statutes.

In

each case the existing citation was to the old Revised Statutes.

The Board today updates these citations by adding the Illinois

Compiled Statutes citation.

Code Division Modifications

Code Division in PC #2 observed that there were several

typographical errors in the text of the first notice proposal.

The Board corrected the errors for second notice.

It is to be

noted that none of these changes constituted an amendment of the

existing text of the groundwater regulations, but rather that

each

was

a

correction

of

an

error

present

only

in

the

first

notice text.

ORDER

The Board directs that the following amendments be submitted

to

the

Secretary

of

State

for

final

notice pursuant to Section

6

of

the

Illinois

Administrative

Procedure

Act.

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE

F: PUBLIC WATER SUPPLIES

CHAPTER

I:

POLLUTION CONTROL BOARD

PART

620

GROUNDWATER

QUALITY

SUBPART

A:

GENERAL

Section

620.105

Purpose

620.110

Definitions

620.115

Prohibition

620.125

Incorporations

by

Reference

620.130

Exemption from General Use Standards and Public and

Food Processing Water Supply Standards

620.135

Exclusion for Underground Water 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

---

—9—

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

620.AppendiX A Procedures for Determining Human Threshold

Toxicant Advisory Concentration for Class

I:

Potable Resource Groundwater

620.Appendix B Procedures for Determining Hazard Indices for

Class

I: Potable Resource Groundwater for Mixtures

of Similar-Acting Substances

---

—10—

620.Appendix C Guidelines for Determining When Dose Addition of

Similar-Acting Substances in Class

I:

Potable

Resource Groundwaters is Appropriate

620.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 and Section 27 of the

Illinois Environmental Protection Act

(Ill. Rev.

Stat.

1991,

ch.

111 1/2,

par. 7458 and 1027)

415

ILCS 55/8 and 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 in R93-27 at

18

Ill. Reg.

_______•

effective

___________________

NOTE:

Capitalization

denotes

statutory

language.

SUBPART A:

GENERAL

Section 620.125

Incorporations by Reference

a)

The Board incorporates the following material by

reference:

ASTM.

American Society for Testing and Materials,

1976 Race Street,

Philadelphia, Pa.

19103

(215)

299—5585

“Standard

Practice

for

Description

and

Identification of Soils

(Visual Manual

Procedure)”

D2488—84

GPO.

Superintendent of Documents,

U.S. Government

Printing Office, Washington,

D.C.

20401,

(202)

783—3238f:

Maximum Contaminant Level Goals and National

Primary Drinking Water Regulations for Lead

and Copper; Final Rule,

56 Fed. Reg. 26460-

26564

(June

7,

1991).

National Primary Drinking Water Regulations,

Final Rule,

56 Fed. Reg. 3526-3597

(January

30,

1991).

National Primary Drinking Water Regulations,

Final Rule,

57 Fed. Reg.

31776—31849

(Ju1~y

17,

1992).

---

—11—

USEPA Guidelines for Carcinogenic Risk

Assessment,

51 Fed.

Reg. 33992—34003

(September 24,

1986).

NCRP.

National Council on Radiation Protection,

7910 Woodmont Ave.,

Bethesda, MD

(301)

657—6252

“Maximum Permissible Body Burdens and Maximum

Permissible Concentrations of Radionuclides

in Air and in Water for Occupational

Exposure”, NCRP Report Number 22, June 5,

1959.

NTIS.

National Technical Information Service,

5285 Port Royal Road,

Springfield, VA 22161

(703)

487—4600.

“Methods for Chemical Analysis of Water and

Wastes,” EPA Publication No. EPA—600/4—79—

020,

(March 1983),

Doc. No.

PB 84—128677

“Methods for the Determination of Organic

Compounds in Drinking Water”,

EPA,

EMSL, EPA—

600/4—88/039

(Dec.

1988),

Doc. No. PB 89—

220461

“Practical Guide for Ground—Water Sampling”,

EPA Publication No. EPA/600/2—85/l04

(September 1985),

Doc.

No. PB 86—137304

“Test Methods for Evaluating Solid Wastes,

Physical/Chemical Methods”, EPA Publication

No. SW-846

(Third Edition,

1986,

as amended

by Revision I.

Final Update

I, JulY

1992~Dcccmbcr 1987),

Doc. No. PB 89—148076

USGS.

United States Geological

Survey,

1961

Stout

St., Denver,

CO 80294

(303)

844—4169

“Techniques of Water Resources Investigations

of the United States Geological Survey,

Guidelines for Collection and Field Analysis

of Ground-Water Samples for Selected Unstable

Constituents”,

Book

I, Chapter D2

(1981).

b)

This Section incorporates no later editions or

amendments.

(Source:

Amended at

18 Ill.

Reg.

,

effective

____________

SUBPART B: GROUNDWATER CLASSIFICATION

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—12—

Section 620.210

Class

I:

Potable Resource Groundwater

Except as provided in Sections 620.230, 620.240, or 620.250,

Potable Resource Groundwater is:

a)

Groundwater located 10 feet or more below the land

surface and within:

1)

The minimum setback zone of a well which serves as

a

potable

water supply and to the bottom of such

well;

2)

Unconsolidated sand, gravel or sand and gravel

which is

5 feet or more in thickness and that

contains

12 percent or less of fines

(i.e.

fines

which pass through a No.

200 sieve tested

according to ASTM Standard Practice D2488—84,

incorporated by reference at Section 620.125);

3)

Sandstone which is 10 feet or more in thickness or

fractured carbonate which is 15 feet e~ormore in

thickness;

or

4)

Any geologic material which is capable of

a:

A)

Sustained groundwater yield,

from up to a 12

inch borehole, of 150 gallons per day or more

from a thickness of

15 feet or less; or

B)

Hydraulic conductivity of

1 x 10~cm/sec or

greater using one of the following test

methods or its equivalent:

i)

Permeameter;

ii)

Slug test; or

iii)

Pump test.

b)

Any groundwater which is determined by the Board

pursuant to petition procedures set forth in Section

620.260, to be capable of potable use.

(Board Note: Any portion of the thickness associated

with the geologic materials as described in subsections

620.210(a)(2),

(a)(3)

or

(a)(4)

should be designated as

Class

I: Potable Resource Groundwater if located 10

feet or more below the land surface.)

(Source:

Amended at

18 Ill.

Reg.

____,

effective

____________)

---

—13—

Section 620.260

Reclassification of Groundwater by Adjusted

Standard

Any person may petition the Board to reclassify a groundwater in

accordance with the procedures for adjusted standards specified

in Section 28.1 of the Act and 35

Ill.

Adm. Code 106.Subpart G.

In any proceeding to reclassify specific groundwater by adjusted

standard,

in addition to the requirements of 35 Ill.

Adm. Code

106.Subpart G,

and Section 28.1(c)

of the Act, the petition

shall,

at a minimum, contain information to allow the Board to

determine:

a)

The specific groundwater for which reclassification is

requested,

including but not limited to geographical

extent of any aquifers, depth of groundwater, and rate

and direction of groundwater flow and that the specific

groundwater exhibits the characteristics of the

requested class as set forth in Sections 620.210(b),

620.220(b),

620.230,

or 620.24O-(~~-;

b)

Whether the proposed change or use restriction is

necessary for economic or social development,

by

providing information including,

but not limited to,

the impacts of the standards on the regional economy,

social benefits such as loss of jobs or closing of

facilities, and economic analysis contrasting the

health and environmental benefits with costs likely to

be incurred in meeting the standards would be

beneficial or necessary;

c)

Existing and anticipated uses of the specific

groundwater;

d)

Existing and anticipated quality of the specific

groundwater;

e)

Existing and anticipated contamination,

if any, of the

specific groundwater;

f)

Technical feasibility and economic reasonableness of

eliminating or reducing contamination of the specific

groundwater or of maintaining existing water quality;

g)

The anticipated time period over which contaminants

will continue to affect the specific groundwater;

h)

Existing and anticipated impact on any potable water

supplies due to contamination;

1)

Availability and cost of alternate water sources or of

treatment for those users adversely affected;

---

—14—

j)

Negative or positive effect on property values; and

k)

For special resource groundwater, negative or positive

effect on:

1)

The quality of surface waters; and

2)

Wetlands, natural areas, and the life contained

therein,

including endangered or threatened

species of plant, fish or wildlife listed pursuant

to the Endangered Species Act,

16 U.S.C.

1531 et

seq., or the Illinois Endangered Species

Protection Act

(Ill. Rev.

Stat.

~

ch.

8,

para.

331 et seq.).

415

ILCS 10

(Source:

Amended at 18

Ill. Reg.

____,

effective

____________)

SUBPART

C: NONDEGRADATION PROVISIONS FOR

APPROPRIATE GROUNDWATERS

Section 620.302

Applicability of Preventive Notification and

Preventive Response Activities

a)

Preventive notification and preventive response as

specified in Sections 620.305 through 620.310 applies

to:

1)

Class

I groundwater under Section 620.210(a) (1),

(a) (2),

or

(a) (3) which is monitored by the

persons listed in subsection

(b); or

2)

Class III groundwater which is monitored by the

persons listed in subsection

(b).

b)

For purposes of subsection

(a), the persons that

conduct groundwater monitoring are:

1)

An owner or operator of a regulated entity for

which groundwater quality monitoring must be

performed pursuant to State or Federal law or

regulation

(e.g.

Sections 106 and 107 of the

Comprehensive Environmental Response,

Compensation

and Liability Act~(42 U.S.C.

9601,

et seq.);

Sections 3004 and 3008 of the Resource

Conservation and Recovery ActT

(42 U.S.C.

6901, et

seq.); Sections 4(q),

4(v),

12(g),

21(d),

21(f),

22.2(f),

22.2(m) and 22.18

of the Act;

35 Ill.

Adin.

Code 724,

725,

730,

731,

750,

811 and 814-~~)jiL

2)

An owner or operator of a public water supply well

who conducts groundwater quality monitoring; e~

---

—15—

3)

A state agency which is authorized to conduct, or

is the recipient of, groundwater quality

monitoring data

(e.g., Illinois Environmental

Protection Agency, Department of Public Health,

Department of Conservation, Department of Mines

and Minerals, Department of Agriculture, Office of

State Fire Marshal-i or Department of Energy and

Natural Resources),-; or

j~

An owner or operator of

a facility that conducts

groundwater guality monitoring pursuant to State

or federal ludicial or administrative order.

c)

If a contaminant exceeds a standard set forth in

Section 620.410 or Section 620.430, the appropriate

remedy is corrective action and Sections 620.305 and

620.310 do not apply.

(Source:

Amended at 18

Ill. Reg.

,

effective

_____________)

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 of

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,

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.

---

—16—

C)

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:

i)

Conduct a well site survey pursuant to

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 which

represent a hazard to the continued

availability of groundwaters for public

use unless a groundwater protection

needs assessment has been prepared

pursuant to Section 17.1 of the Act.

2)

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 welihead

of a non-community water supply or within 500 feet

of the wellheads for multiple private water supply

wells.

3)

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:

A)

The appropriate regulatory agency shall

determine if any of the following occurs for

Class

I: Potable Resource Groundwater:

i)

The levels set forth below are exceeded

or are changed for pH:

Constituent

Criterion

(mg/1)

para-Dichlorobenzene

0.005

ortho-Dichlorobenzene

0.01

Ethylbenzene

0.03

Phenols

0.001

Styrene

0.01

Toluene

0.04

Xylenes

0.02

ii)

A statistically significant increase

occurs above background

(as determined

---

—17—

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

(galnma—hexachlorQcyclohexane), 2,4—D,

1, 1-dichloroethylene, cis—i, 2—dichioro-

ethylene,

trans-i,2-dichloroethylene,

methoxychlor, monochlorobenzene,

picloram. simazine, 2,4,5—TP (Silvex),

1,2,4-trichlorobenzene,

1,1,2—

trichloroethane,

and

1,

1, l-trichloroethane.

iii)

For

a

chemical

constituent

of

gasoline,

diesel

fuel,

or

heating

fuel,

the

constituent exceeds the following:

Constituent

Criterion

(mg

/

L)

BETX

0.095

iv)

For

pH,

a

statistically

significant

change

occurs

from

background.

(Board 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;

---

—18—

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 preventative 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

18 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:

Constituent

Units

Standard

---

—19—

Antimony

xng/L

0.006

Arsenic

xng/L

0.05

Barium

mg/L

2

Beryllium

ing/L

0~004

Boron

mg/L

2

Cadmium

mg/L

0.005

Chloride

mg/L

200

Chromium

mg/L

0.3.

Cobalt

mg/L

1

Copper

ing/L

0.65

Cyanide

mg/L

0.2

Fluoride

ing/L

4.0

Iron

ing/L

5

Lead

ing/L

0.0075

Manganese

mg/L

0.15

Mercury

mg/L

0.002

Nickel

mg/L

0.1

Nitrate as N

mg/L

10

Radium-226

pCi/L

20

Radium-228

pCi/L

20

Selenium

ing/L

0.05

Silver

mg/L

0.05

Sulfate

mg/L

400

Thallium

rn~/L

0.002

Total Dissolved

Solids

(TDS)

iug/L

1,200

Zinc

mg/L

5

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 must not be

exceeded in Class

I groundwater:

Constituent

Standard

(ing

/

L)

Alachlor*

0.002

Aldicarb

0.003

Atrazine

0.003

Benzene*

0.005

Benzo(a)pyrene*

0.0002

Carbofuran

0.04

Carbon Tetrachloride*

0.005

Chlordane*

0.002

Dalapon

Dichlorornethane*

0. 005

DJJ2-ethylhexyl) phthalate*

0.006

Dinoseb

0.007

Endothall

Endrin

0.002

---

—20—

Ethylene Dibromide*

0.00005

Heptachlor*

0.0004

Heptachlor Epoxide*

0.0002

Hexachlorocvclopentadiene

0. 05

Lindane

(Gainma—HexachlorQ

cyclohexane)

0.0002

2,4—D

0.07

ortho—Dichlorobenzene

0. 6

para-Dichlorobenzene

0.075

1, 2_Dibromo_3_Chloropropane*

0.0002

1,2_Dichloroethane*

0.005

1, i-Dichloroethylene

0.007

cis-1, 2-Dichioroethylene

0.07

trans-i, 2-Dichloroethylene

0.1

1, 2_Dichloropropane*

0.005

Ethylbenzene

0.7

Methoxychlor

0.04

Monochlorobenzene

0.1

Pentachlorophenol*

0.001

Phenols

0.1

Piclorarn

0.5

Polychlorinated Biphenyls

(PCB’s)

(as decachloro_bipeh~nyl)*

0.Q005

Simazine

0.004

Styrene

0.1

2,4,5—TP

(Silvex)

0.05

Tetrachloroethylene*

0.005

Toluene

1

Toxaphene*

0.003

1,1,l-Trichloroethane

0.2

1,

3.

,

2—Trichioroethane

0.005

1,2,4-Trichlorobenzene

0.07

Trichloroethylene*

0.005

Vinyl Chloride*

0.002

Xylenes

10

*Denotes a carcinogen.

c)

Complex Organic Chemical Mixtures

Concentrations of the following chemical constituents

of gasoline, diesel fuel, or heating fuel must not be

exceeded

in Class

I groundwater:

Constituent

Standard

(mg/L)

Benzene*

0.005

BETX

11.705

*Denotes

a

carcinogen.

---

—21—

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 radionuciides 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:

Critical

Standard

Constituent

Organ

(Pci/l)

Tritiuin

Total body

20,000

Strontium—90

Bone marrow

8

(Source:

Amended at 18 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),

concentrations of the following chemical

constituents must not be exceeded in Class

II

groundwater:

---

—22—

Constituent

Standard

(mg

/

L)

Antimony

0.024

Arsenic

0.2

Barium

2

Beryllium

0.5

Cadmium

0.05

Chromium

1

Cobalt

1

Cyanide

0.6

Fluoride

4.0

Lead

0.1

Mercury

0.01

Nitrate as N

100

Thallium

0.02

2)

Except as provided in Section 620.450 or

subsection

(a)

(3)

or

(d),

concentrations

of

the

following chemical constituents must not be

exceeded in Class II groundwater:

Constituent

Standard

(xng/L)

Boron

2.0

Chloride

200

Copper

0.65

Iron

5

Manganese

10

Nickel

2

Selenium

0.05

Total Dissolved Solids

(TDS)

1,200

Sulfate

400

Zinc

10

3)

The standard for any inorganic chemical

constituent listed in subsection

(a) (2), 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 the 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), and any on-site

---

—23—

groundwater monitoring of such parameters is

available for review by the Agency.

B)

On the effective date of this Part, surficial

characteristics are in the process of being

altered

by

the

placement

of

such

fill

material, which proceeds in reasonably

continuous manner to completion,

so as to

impact the concentration of the parameters

listed in subsection

(a) (3), and any on—site

groundwater monitoring of such parameters is

available for review by the Agency.

4)

For purposes of subsection

(a) (3), 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),

concentrations of the following organic chemical

constituents must not be exceeded in Class II

groundwater:

Constituent

Standard

(mg

/

L)

Alachlor*

0.010

Aldicarb

0.015

Atrazine

0.015

Benzene*

0.025

Benzo(a)pyrene*

0.002

Carbofuran

0.2

Carbon

Tetrachloride*

0.025

Chlordane*

0.01

Dalapon

Dichloromethane*

0.05

Dichloromethane

0. 05

Di (2—ethylhexyl)phthalate*

0.06

Dinoseb

0.07

Endothall

Q.J.

Endrin

0.01

Ethylene Dibromide*

0.0005

Heptachlor*

0.002

Heptachior Epoxide*

0.001

Hexachlorocyclo~entadiene

Lindane (Gamma—HexachlorQ

cyclohexane)

0.001

2,4—D

0.35

ortho-Dichlorobenzene

1.5

---

—24—

para-Dichlorobenzene

0.375

1, 2_Dibromo-3-Chloropropane*

0.002

1, 2_Dichloroethane*

0.025

1, 1-Dichloroethylene

0.035

cis—1, 2—Dichioroethylene

0.2

trans-i,2-Dichloroethylene

0.5

1, 2_Dichloropropane*

0.025

Ethylbenzene

1.0

Methoxychlor

0.2

Nonochlorobenzene

0.5

Pentachlorophenol*

0.005

Phenols

0.1

Picloram

Polychiorinated Biphenyls (PCB’s)

(as decachloro-biphenyl)*

0.0025

Simazine

0.04

Styrene

0.5

2,4,5—TP

0.25

Tetrachloroethylene*

0.025

Toluene

2.5

Toxaphene*

0.015

1,1,1-Trichloroethane

1.0

1,2.4—Trichlorobenzene

0.7

1, 1. 2—Trichioroethane

0.05

Trichloroethylene*

0.025

Vinyl Chloride*

0.01

Xylenes

10

*Denotes a carcinogen.

2)

The standards for pesticide chemical constituents

listed in subsection

(b) (1) 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.

136 et seq.)

and the

Illinois Pesticide Act

(Ill. Rev.

Stat. 19~.9j~,

ch.

5,

pars.

801 et seq.)

f415 ILCS 601.

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:

Constituent

Standard

(mg/L)

Benzene*

0.025

BETX

13.525

---

—25—

*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 18 Ill. Reg.

____,

effective

_____________)

SUBPART

E:

GROUNDWATER

MONITORING

AND

ANALYTICAL

PROCEDURES

Section 620.510

Monitoring and Analytical Requirements

a)

Representative Samples

A representative sample must be taken from locations

as specified

in Section 620.505.

b)

Sampling and Analytical Procedures

1)

Samples must be collected in accordance with the

procedures set forth in the documents pertaining

to groundwater monitoring and analysis, “Methods

for Chemical Analysis of Water and Wastes”,

“Methods for the Determination of Organic

Compounds in Drinking Water”, “Practical Guide for

Ground-Water Sampling”,

“Test Methods for

Evaluating Solid Wastes, Physical/Chemical

Methods”

(SW—846),

56 Fed. Reg. 3526—3597,

56 Fed.

Reg. 26460—26564,

57

Fed.

Reg. 31776—31849,

“Techniques of Water Resources Investigations of

the United States Geological Survey, Guidelines

for Collection and Field Analysis of Ground—Water

Samples for Selected Unstable Constituents”,

incorporated by reference at Section 620.125 or

other procedures adopted by the appropriate

regulatory agency.

2)

Groundwater elevation in a groundwater monitoring

well must be determined and recorded when

necessary to determine the gradient.

3)

The analytical methodology used for the analysis

of constituents in Subparts C and D must be

consistent with both of the following:

A)

The methodology must have a PQL at or below

the preventive response levels of Subpart C

or the groundwater standard set forth

in

Subpart

D, whichever is applicable; and

---

—26—

B)

The methodology must be consistent with

methodologies contained in “Methods for

Chemical Analysis of Water and Wastes”,

“Methods for the Determination of Organic

Compounds in Drinking Water”, “Practical

Guide for Ground—Water Sampling”,

“Test

Methods for Evaluating Solid Wastes,

Physical/Chemical Methods”

(SW-846),

“Techniques of Water Resources Investigations

of the United States Geological Survey,

Guidelines for Collection and Field Analysis

of Ground-Water Samples for Selected Unstable

Constituents”, incorporated by reference at

Section 620.125.

C)

Reporting Requirements

At a minimum, groundwater monitoring analytical

results must include information, procedures and

techniques for:

1)

Sample collection

(including but not limited to

name of sample collector, time and date of the

sample, method of collection, and identification

of the monitoring location);

2)

Sample preservation and shipment (including but

not limited to field quality control);

3)

Analytical procedures

(including but not limited

to the method detection limits and the PQLs); and

4)

Chain of custody control.

(Source:

Amended at 18 Ill. Reg.

____,

effective

_____________)

SUBPART F: HEALTH ADVISORIES

Section 620.605

Issuance of a Health Advisory

a)

The Agency shall

issue a Health Advisory for a

chemical substance if all of the following conditions

are met:

1)

A community water supply well is sampled and a

substance is detected and confirmed by resampling;

2)

There

is no standard under Section 620.410 for

such chemical substance; and

---

—27—

3)

The chemical substance is toxic or harmful to

human health according to the procedures of

Appendix A,

B,

or

C.

b)

The Health Advisory must contain a general description

of the characteristics of the chemical substance,

the

potential adverse health effects, and a guidance level

to be determined as follows:

1)

If disease or functional impairment is caused due

to a physiological mechanism for which there is a

threshold dose below which no damage occurs, the

guidance level for any such substance is the

Maximum Contaminant Level Goal

(“MCLG”), adopted

by USEPA for such substance,

56 Fed. Reg. 26460-

26564, and 56 Fed. Reg.

3526—3597, and 57 Fed.

Req. 31776-31849,

incorporated by reference at

Section 620.125.

If there is no MCLG for the

substance, the guidance level

is the Human

Threshold Toxicant Advisory Concentration for such

substance as determined in accordance with

Appendix A, unless the concentration for such

substance is less than the lowest appropriate PQL

specified in “Test Methods for Evaluating Solid

Wastes, Physical/Chemical Methods”, EPA

Publication No. SW-846

(SW-846),

incorporated by

reference at Section 620.125 for the substance.

If the concentration for such substance is less

than the lowest appropriate PQL for the substance

specified in SW-846, incorporated by reference at

Section 620.125, the guidance level is the lowest

appropriate PQL.

2)

If the chemical substance is a carcinogen, the

guidance level for any such chemical substance is

the lowest appropriate PQL specified in SW—846,

incorporated by reference at Section 620.125 for

such substance.

(Source:

Amended at

18 Ill. Reg.

____,

effective

____________)

IT IS SO ORDERED.

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby

certify~that

the

above

opinion

and

order

was

adopted on the

//(.~4~~day of

&~-~.-4’~

,

1994, by

avoteof

~—C.

/

/~

/

/

II

#

~

,f

14

(~-

~

/

/

~•,

~

~Dorothy

N.

GurØ~i, Clerk

Illinois Pol~4tioriControl Board