ILLINOIS POLLUTION CONTROL BOARD

March 17, 1994

IN THE MATTER OF:

)

GROUNDWATER PROTECTION: AMENDMENTS

)

 R93-27

TO GROUNDWATER QUALITY STANDARDS

)

 (Rulemaking)

(35 ILL. ADM. CODE 620)

)

Proposed Rule.

 First Notice.

OPINION

AND

ORDER OF THE BOARD

 (by R.C.

 Flemal):

This matter comes before the Board upon a proposal filed by

the Illinois Environmental Protection Agency

 (Agency) to amend

portions of the Board’s regulations for Groundwater Quality found

at 35 Ill. Adm. Code 620.

 The proposal comes to the Board under

the general rulemaking provisions of Sections

 27 and 28 of the

Environmental Protection Act

 (Act)

 (415 ILCS 5/27-28).

The Agency proposes

(1)

 adding Class

 I and Class II

groundwater quality standards for sixteen chemicals for which

standards have not previously been promulgated,

 (2) amending

certain provisions of the preventive notification and response

provisions,

 including listing of nine of the new sixteen

chemicals there, and

 (3) making various amendments of a

conforming nature.

The Board today additionally offers several non-substantive

amendments to the existing regulations, including punctuation and

spelling corrections and revision of outdated citations.

The Board is charged under the Act

 to “determine, define and

implement the environmental control standards applicable in the

State of Illinois”

 (Act at Section 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 the

administration of any regulations that may arise from the instant

action.

By today’s action the Board adopts the Agency’s proposal for

first notice.

PROCEDURAL HISTORY

The Agency filed its initial proposal on October 18,

 1993.

On January 19, 1994 the Agency filed an addendum to the initial

—2—

petition in which it proposes to add three additional chemicals’

to the list of constituents for which it recommends new

standards.

Hearings were held on February 10,

 1994 in Chicago and on

February 8,

 1994 and February 23,

19942

 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.

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 adopted3.

 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 the 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 “first—cut” of

constituents to be considered for new groundwater standards.

The Agency has 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

Endothall,

 ethylene dibromide,

 and 1,2—dibromo-3-

chioropropane.

The February 8 hearing, originally scheduled to conclude

on February 8, was continued to February 23 due to inclement

weather.

~ In the Matter of: Groundwater Quality Standards

 (35 Ill.

Adm. Code 620), R89—14 (B), 127 PCB 53, November 7,

 1991.

—3—

Phase V constituents to be reduced to fourteen.

 The same review,

however, revealed the presence in Illinois groundwater of two

additional constituents for which MCLs had been promulgated in

the earlier Phase ii~rulemaking, but for which no groundwater

standards have 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 MCLs as adopted by the USEPA, as listed in Table I.

Table I: PROPOSED

NEW

GROUNDWATER STANDARDS

Class

I

 Class II

Constituent

 (malL)

 (malL)

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

Dichloromethane

 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

l,2—Dibromo--3-Chloropropane

 0.0002

 0.002

Piclorain

0.5

5.0

Simazine

 0.004

 0.04

l,2,4—Trichlorobenzene

 0.07

0.7

1,1,2—Trichloroethane

 0.005

 0.05

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

~ Phase II standards were promulgated in January 1991

(56

Fed. Reg.

 3528).

 The Phase

 II MCLs were considered by the Board

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

groundwater standards in November 1991.

—4—

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 proposes 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 proposes a Class II standard that

is based on use as irrigation water.

 The Agency observes 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 mg/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.

MISCELLANEOUS AMENDMENTS

Incorporation by Reference: Section 620.125 and 620.605

Today’s proposal incorporates the Federal Register reference

to the Phase V final rule.

 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.

The Board notes that the amendment to Section 620.605 is

added to today’s action by the Board.

Typographical Error:

 Section 620.210

—5—

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 ~

 more in

thickness”.

 The Agency observes, and the Board agrees, that this

reference should read “15 feet ~

 more in thickness”.

 Today’s

proposal would correct the 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).

It

 is accordingly proposed that the cross reference

be amended 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

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 proposes 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 Ill. Adm. Code

620.

 The Agency recommends that the following are appropriate

constituents for listing at Subsection 620.310(a) (3) (A):

beryllium, thallium, dalapon,

 dinoseb, endothall, picloram,

siinazine,

 dichloroiuethane,

 1,2,4—trichlorobenzene, 1,1,2-

trichioroethane, benzo(a)pyrene, di(2-ethylhexyl)phthalate, and

hexachlorocyclopentadiene.

—6—

Spelling Corrections: Sections 620.310.

 620.410. and 620.420

The Agency observes that the chemical name for the pesticide

Lindane,

 gainma—hexachlorocyclohexane, is misspelled (second “o”

is missing)

 in its use throughout Part 620.

 The Agency further

observes that decachloro—biphenyl is misspelled

 (“h” and “e”

reversed) at Section 620.410(b).

 The Agency recommends,

 and the

Board today proposes, correction of these misspellings.

Class

 I Standard for ~olychlorinated biphenyls: Section 620.410

The Agency observes that the MCL for polychorinated

biphenyls (PCBs)

 is 0.0005 mg/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 mg/L is a

typographical error undetected at the time of adoption of the PCB

groundwater standard.

 Today’s proposal would correct that error.

Citations to Statutory Provisions: Authority Note and Sections

620.260 and 620.420

The Authority Note and two sections that the Agency proposes

for amendment contain references to the Illinois Statutes.

In

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

The Board proposes today to update these citations by adding the

Illinois Compiled Statutes citation.

ORDER

The Board hereby adopts for first notice the following

amendments to 35 Ill. Adm. Code 620.

 The Clerk of the Board is

directed to file this proposal with the Secretary of State for

publication in the Illinois Register.

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

—7—

SUBPART

B: GROUNDWATER CLASSIFICATION

Groundwater Designations

Class

 I: Potable Resource Groundwater

Class II: General Resource Groundwater

Class III: Special Resource Groundwater

Class IV: Other Groundwater

Groundwater Management Zone

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

GROUNDWATER

QUALITY

STANDARDS

Section

620. 401

620. 405

SUBPART

GROUNDWATER

MONITORING

AND

ANALYTICAL

PROCEDURES

Compliance

Determination

Monitoring and Analytical Requirements

SUBPART F: HEALTH

ADVISORIES

Purpose of a Health Advisory

Issuance of a Health Advisory

 Publishing Health Advisories

Additional Health Advice for Mixtures of Similar-Acting

Section

620.201

620.210

620.220

620.230

620.240

620.250

620.260

620.430

620. 440

620.450

Applicability

General Prohibitions Against Violations of Groundwater

Quality Standards

620.410

 Groundwater Quality Standards for Class

Resource Groundwater

620.420

 Groundwater Quality Standards for Class

Resource Groundwater

Groundwater Quality Standards for Class

Resource

Groundwater

Quality

Standards

for

Class

Groundwater

Alternative Groundwater Quality Standards

Potable

II:

General

III:

Special

IV:

Other

Section

620.505

620.510

Section

620.601

620.605

620.610

620. 615

Substances

—8—

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

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 5/273

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:

ASTN.

 American Society for Testing and Materials,

1976 Race Street, Philadelphia,

Pa.

19103

 (215)

299—5585

“Standard Practice for Description and

Identification

Soils

(Visual

Manual

Procedure)” D2488-84

GPO.

 Superintendent of Documents,

U.S.

 Government

Printing Office, Washington, D.C. 20401,

 (202)

783—3238)-:

Maximum Contaminant Level Goals and National

Primary Drinking Water Regulations for Lead

and Copper; Final Rule,

 56 Fed.

 Reg. 26460-

26564

 (June

7,

 1991).

—9—

National Primary Drinking Water Regulations,

Final

Rule,

Fed.

Reg.

3526—3597

(January

30,

1991).

National Primary Drinking Water Regulations.

Final

Rule.

Fed.

 Req. 31776—31849

 (July

17.

1992).

USEPA Guidelines for Carcinogenic Risk

Assessment,

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.

84—128677

“Methods for the Determination of Organic

Compounds in Drinking Water”, EPA,

 ENSL,

EPA-

600/4—88/039

(Dec.

1988),

Doc.

No.

89—

220461

“Practical Guide for Ground—Water Sampling”,

EPA

Publication

No.

EPA/600/2—85/104

(September

1985),

Doc.

No.

86—137304

“Test

Methods

for

Evaluating

Solid

 Wastes,

Physical/Chemical

Methods”,

EPA

 Publication

No.

SW—846

(Third

 Edition,

1986,

 as amended

Revision

 (December 1987), Doc.

 No. PB

89—148076

USGS.

United

States

Geological

 Survey,

 1961 Stout

St.,

Denver,

80294

(303)

844—4169

“Techniques

 Water Resources Investigations

the

United

States

Geological

 Survey,

Guidelines

for

Collection

and

Field

Analysis

Ground-Water

Samples

for

Selected

Unstable

Constituents”,

Book

Chapter

(1981).

—10—

This

Section

incorporates

later

editions

amendments.

(Source:

Amended

Ill.

Reg.

____,

effective

____________)

SUBPART

GROUNDWATER

CLASSIFICATION

Section

620.210

Class

 Potable Resource Groundwater

Except

provided

Sections

620.230,

620.240,

620.250,

Potable

Resource

Groundwater

is:

Groundwater

located

feet

 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

percent

 or less of fines

 (i.e.

 fines

which pass through a No. 200 sieve tested

according

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#or~more 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.

—11—

(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

_____________)

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

tb

requested class as set forth in Sections 620.2~O(b),

620.220(b), 620.230,

 or 620.240(-~)-;

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;

—12—

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;

 Negative or positive effect on property values; and

For

special

resource

groundwater,

negative

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. 19?~j,, ch.

8,

para. 331 et seq.).

 f415 ILCS 10/1 et sea.1

(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

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.);

—13—

Sections 3004 and 3008 of the Resource

Conservation

and

Recovery

Act,

(42

U.S.C.

6901,

seq.);

Sections

4(q),

4(v),

12(g),

21(d),

21(f),

22.2(f), 22.2(m)

and

22.18

the

Act;

Ill.

Adm.

Code

724,

725,

730,

731,

750,

811

and

814.).j*I~

owner

 operator of a public water supply well

who

conducts

groundwater

quality

monitoring;

state

 agency which is authorized to conduct,

or

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~or Department of Energy and

Natural Resources).

j)..

 An owner or operator of a facility that conducts

groundwater quality 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

—14—

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.

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

hazard

 to the continued

availability

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/i)

para-Dichlorobenzene

 0.005

ortho-Dichlorobenzene

 0.01

—15—

Ethylbenzene

0.03

Phenols

0.001

Styrene

 0.01

Toluene

0.04

Xylenes

0.02

ii)

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

(gamlna—hexachlorQcyclohexane),

 2, 4—D,

1, 1-dichloroethylene, cis-1,2-dichloro-

ethylene, trans-i, 2-dichloroethylene,

methoxychior, monochlorobenzene,

picloram. 2,4,5—TP (Silvex), 1.2.4—

trichlorobenzene.

1

•

1.2—trichioroethane,

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

BETX

 0.095

iv)

 For Ph,

 a statistically significant

change occurs from background.

(Board Note:

 Constituents that are carcinogens

have

not

been

listed

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:

—16—

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 preventative response must be undertaken

based on relevant factors including,

 but not limited

to,

the

considerations

subsection

(a)

(3).

After

completion

preventive

response

pursuant

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

—17—

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

Antimony

ma/L

0.006

Arsenic

mg/L

0.05

Barium

mg/L

Beryllium

ma/L

0.004

Boron

mg/L

Cadmium

 mg/L

 0.005

Chloride

 mg/L

200

Chromium

 mg/L

0.1

Cobalt

 mg/L

1

Copper

 mg/L

 0.65

Cyanide

 mg/L

0.2

Fluoride

 mg/L

4.0

Iron

 mg/L

5

Lead

 mg/L

 0.0075

Manganese

 mg/L

 0.15

Mercury

 mg/L

 0.002

Nickel

 mg/L

0.1

Nitrate

mg/L

Radiuin-226

 pCi/L

20

Radiuiu—228

 pCi/L

20

 Selenium

 mg/L

 0.05

Silver

 mg/L

 0.05

Sulfate

 mg/L

400

Thallium

 ma/L

 0.002

Total Dissolved

Solids

 (TDS)

 mg/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

(mg/ 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

—18—

Chlordane*

Da1a~on

Dichloromethane*

Di(2-ethylhexvl)phthalate*

Dinoseb

Endothall

Endrin

Ethylene Dibromide*

Heptachlor*

Heptachlor Epoxide*

Hexachlorocyclopentadiene

Lindane (Gamma—HexachlorQ

cyclohexane)

2,4—D

ortho—Dichlorobenzene

para—Dichlorobenzene

1,2-Dibromo-3-Chloropropane*

1,2-Dichloroethane*

1, 1-Dichloroethylene

cis-1,2-Dichioroethylene

trans-I, 2-Dichloroethylene

 1, 2—Dichloropropane*

Ethylbenzene

Methoxychlor

Monochlorobenzene

Pentachlorophenol

Phenols

Picloram

Polychlorinated Biphenyls (PCB’s)

(as decachloro-bipeh~nyl)

Simazine*

Styrene

2,4,5—TP

 (Silvex)

Tetrachloroethylene*

Toluene

Toxaphene

1,1,

l—Trichloroethane

1,1,

2—Trichloroethane

1

•

2 4—Trichlorobenzene

Trichloroethylene*

Vinyl Chloride*

Xylenes

0.002

0.2

0. 005

0.006

0.007

0.1

0.002

0. 00005

0. 0004

0. 0002

0.05

0.0002

0.07

0.6

0.075

0. 0002

0.005

0

•

007

0.07

0.1

0.005

0.7

0.04

0.1

0.001

0.1

0.5

0 .Q005

0.004

0.1

0.05

0.005

0.003

0.2

0.005

0.07

0.005

0.002

*Denotes

 carcinogen.

 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

—19—

(mg

L)

Benzene*

 0.005

BETX

 11.705

*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

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:

Critical

 Standard

Constituent

 Organ

 (Pci/i)

Tritium

 Total body

 20,000

Strontium—90

 Bone marrow

8

(Source:

 Amended at 18

 Ill.

 Reg.

____,

 effective

____________)

Section 620.420

 Groundwater Quality Standard for Class II:

General Resource Groundwater

a)

 Inorganic Chemical Constituents

—20—

Except

due

natural

causes

provided

Section

620.450

subsection

(a)(3)

(d),

concentrations of the following chemical

constituents must not be exceeded in Class II

groundwater:

Constituent

 Standard

(mg/L)

Antimony

 0.024

Arsenic

0.2

Barium

2

Beryllium

0.5

Cadmium

 0.05

Chromium

1

Cobalt

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)

(d),

concentrations

the

following chemical constituents must not be

exceeded in Class II groundwater:

Constituent

Standard

(mg

Boron

2.0

Chloride

200

Copper

0.65

Iron

Manganese

Nickel

2

Selenium

 0.05

Total

Dissolved

Solids

(TDS)

1,200

Sulfate

400

Zinc

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:

—21—

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

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

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

2~Q

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

Heptachlor Epoxide*

 0.001

—22—

Hexachlorocvclopentadiene

Lindane

(Gamma-HexachlorQ

cyclohexane)

4—D

ortho—Dichlorobenzene

para—Dichlorobenzene

1. 2—Dibromo-3-Chloropropane*

1, 2—Dichloroethane*

1, l-Dichloroethylene

cis—1, 2-Dichioroethylene

2-Dichloroethylene

1, 2-Dichloropropane*

Ethylbenzene

Methoxychbr

Monochlorobenzene

Pentachiorophenol

Phenols

Picloram

Polychlorinated Biphenyls (PCB’s)

(as decachloro-biphenyl)

Simazine*

Styrene

2,4,5—TP

Tetrachloroethylene*

Toluene

Toxaphene*

1,1,1-Trichloroethane

1.2.4-Trichlorobenzene

1

•

 2-Trichloroethane

____

Trichloroethylene*

Vinyl Chloride*

Xylenes

*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&9~9~,

ch.

 5, pars.

 801 et seq.)

415

 ILCS 60/1 et seg.1.

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:

0.5

0.001

0.35

1.5

0.375

0.002

0.025

0.035

0.2

0.5

0.025

1.0

0.2

0.5

0

•

005

0.1

5.0

0.0025

0.04

0.5

0.25

0.025

2.5

0.015

1.0

0.7

0.05

0.025

0.01

—23—

Constituent

Standard

(mg/ L)

Benzene*

0.025

BETX

13.525

*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

____________)

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

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

less

than

the

lowest

appropriate

PQL

specified

“Test

Methods

for

Evaluating

Solid

—24—

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.

(Source:

 Amended at 18 Ill. Reg.

____,

 effective

____________)

IT IS SO ORDERED.

I, Dorothy N. Gunn,

 Clerk of the Illinois Pollution Control

Board,

 hereby certify that the above opinion and order was

adopted on the

7Z7~J

 day of

 ,~)-i

~—~-c/--”

 1994, by

avoteof

~-~‘‘

Dorothy M. inn,

 Clerk

Illinois Pc~lutionControl Board