ILLINOIS POLLUTION CONTROL BOARD
    June 2, 1994
    IN THE
    MATTER
    OF:
    )
    )
    GROUNDWATER PROTECTION:
    AMENDMENTS
    )
    R93-27
    TO GROUNDWATER QUALITY STANDARDS
    )
    (Rulemaking)
    (35 ILL.
    ADM.
    CODE 620)
    )
    Proposed Rule.
    Second Notice.
    OPINION
    AND
    ORDER OF THE BOARD
    (by R. C. Flemal):
    On March 17,
    1994 the Board adopted for first notice certain
    amendments to the Board’s groundwater quality standards found at
    35 Iii. Adm. Code 620.
    The impetus for the amendments was 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 provisions of the proposed amendments consists
    of
    (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 interested
    person is directed to the Board’s March 17,
    1994 first notice
    opinion for a full discussion of the proposed amendments.
    Today’s opinion will address only the modifications today
    proposed to the amendments as first noticed.
    By today’s action the Board adopts the first notice proposal
    for second notice, with modifications based upon public comments.
    PROCEDURAL
    HISTORY
    The Agency filed its proposal on October
    18,
    1993 and an
    addendum to the proposal on January 19,
    1994.
    Hearings were held

    —2—
    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.
    First notice publication occurred at 18 Ill. Reg.
    5113,
    April
    1,
    1994.
    The first notice comment period expired on May
    16,
    1994.
    Five public comments
    (PC) have been 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,
    express support for the amendment proposed 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, recommend various amendments to
    the first notice proposal.
    Public comments #4 and #5,
    filed by
    by Ciba Plant Protection and Waste Management, Inc.
    (WMI),
    recommend actions in regard to simazine and ethylene dibromide,
    respectively.
    Disposition of these various recommendations is
    discussed below.
    DISPOSITION OF MODIFICATIONS RECOMMENDED FOR SECOND NOTICE
    The filers of public comments #2 through #5 recommend that
    the first notice proposal be modified.
    The disposition of these
    recommendations is discussed here.
    The Board notes that,
    for
    ease of identification, changes made as a result of these
    recommendations are presented in the attached second notice order
    in redlining.
    Code Division in PC #2 observes that pursuant to
    codification requirements it is necessary to conform the title of
    Section 620.420 in the table of contents with the title in the
    text, add the Subpart F heading before Section 620.605, and
    present the missing subsection
    (b)(2) within 620.605(b).
    Each of
    these modifications in made today.
    It is to be noted that none
    of these changes constitutes a amendment of the existing text of
    the groundwater regulations, but rather that each is a correction
    of a error present only in the first notice text.
    The Agency in PC #3 recommends six additional amendments to
    Part 620.
    The affected sections, and the action the Board today
    proposes, are summarized in the table below.

    —3—
    Section
    A~encvRecommendation and Board Action
    620.125
    Modify citation to “Test Methods for
    Evaluating Solid Wastes, Physical/Chemical
    Methods” to indicate most recent update
    (July
    1992)
    --
    ACCEPTED
    620.310(a) (3)
    Add simazine to list of preventive
    notification parameters
    --
    ACCEPTED
    620.410(b)
    Delete “denotes a carcinogen” symbol from
    simazine
    --
    ACCEPTED
    620.420(b)
    Delete “denotes a carcinogen” symbol from
    simazine
    --
    ACCEPTED
    620.510(b)
    Add citation to incorporated references
    ——
    ACCEPTED
    620.605(b)(1)
    Add citation to incorporated reference
    --
    NOT
    NECESSARY; PROPOSED IN FIRST NOTICE
    The three changes involving simazine all reflect revised
    information regarding the carcinogenicity of that chemical.
    A
    “carcinogen” is defined at 35 Ill.
    Adm. Code 620.10
    (emphasis
    added):
    “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 B~çarcinogen.
    Contrary to understanding at the time of first notice,
    simazine is neither a group A nor group B carcinogen, and hence
    it should not be designated as a carcinogen at either 620.410(b)
    or 620.420(b).
    (PC #3 and #4.)
    Conversely,
    since simazine is
    not a carcinogen,~it is appropriate to include it as a
    constituent in the preventive notification and preventive
    response requirements of 620.310, consistent with the other
    parameters listed there.
    Section 620.510,
    in which the Agency recommends adding
    citation to incorporations by reference, had not been proposed
    for amendment at first notice.
    Although the Board normally would
    not propose to amend at second notice a section that it had not
    proposed to amend at first notice, we find reasons to make
    exception here.
    The citations at issue are generally available
    and generally consulted by persons who must comply with this
    section.
    The added citations,
    by providing additional acceptable
    sources of sampling and analytical protocol, thereby assist

    —4—
    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.
    WMI
    contends that ethylene dibromide need not and should not
    be added to the list of chemicals for which standards are today
    proposed.
    (PC #5.)
    WMI
    contends 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.
    (a.)
    In support of its position,
    WHI
    cites 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 Groundwater
    (hereinafter,
    the March 1994 draft report)1.
    The March 1994 draft report
    states that the Illinois Groundwater Protection Act mandates
    various State agencies to engage in statewide groundwater quality
    monitoring, including the Agency’s sampling of public water
    supply wells.
    The March 1994 draft report shows that an Illinois statewide
    survey for agricultural chemicals in rural, private water supply
    wells does not include ethylene dibromide as detected during that
    survey.
    Contrary to WMI’s contention,
    the rulemaking record
    indicates that ethylene dibromide has been recorded in Illinois
    groundwater as reported by the Agency in survey results of public
    water supply wells.
    (Exh.
    8 at p.
    2.)
    On this basis,
    the Board declines to delete ethylene
    dibromide from today’s proposal.
    ORDER
    The Board hereby adopts for second notice the following
    amendments to 35 Ill. Adm. Code 6202.
    The Clerk of the Board is
    directed to submit this proposal with the Joint Committee on
    Administrative Rules.
    1
    WMI
    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 comments.
    2
    For the purposes of this second notice proposal only,
    changes from the first notice proposal are indicated by
    redlining.

    —5—
    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
    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

    —6—
    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
    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.
    Adin.
    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).
    E415 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:

    —7—
    ASTN.
    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—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).
    National Primary Drinking Water Regulations,
    Final Rule,
    56 Fed. Reg. 3526-3597
    (January
    30,
    1991).
    National Primary Drinking Water Reciulations,
    Final Rule.
    57 Fed. Req. 31776—31849
    (July
    17,
    1992).
    USEPA Guidelines for Carcinogenic Risk
    Assessment,
    51 Fed. Reg. 33992—34003
    (September 24,
    1986).
    NCR?.
    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”, NCR? 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-60014-79-
    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

    —8—
    “Practical Guide for Ground—Water Sampling”,
    EPA Publication No. EPA/600/2-85/104
    (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~
    ~fl~’
    ~
    ~
    I~2(Dcocmbcr 1~87),Doc
    ~o.
    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
    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~
    more in
    thickness; or
    4)
    Any
    geologic material which is capable of a:

    —9—
    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
    ____________
    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 620.24O4~3-;
    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

    —10—
    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;
    i)
    Availability
    and
    cost
    of alternate water sources or of
    treatment for those users adversely affected;
    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. 19&~j,,ch.
    8,
    para.
    331 et seq.).
    ~4l5 ILCS 10/1 et seci.
    (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

    —11—
    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 Act,
    (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.
    Adm.
    Code
    724,
    725,
    730,
    731,
    750,
    811 and 814.)j*~
    2)
    An
    owner
    or
    operator
    of
    a
    public
    water
    supply
    well
    who
    conducts
    groundwater
    quality monitoring; or
    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’ or Department of Energy and
    Natural Resources).
    41
    An owner or operator of a facility that conducts
    ciroundwater quality monitoring pursuant to State
    or federal judicial 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:

    —12—
    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.
    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

    —13—
    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/l)
    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
    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-hexachlorQcyclohexane),
    2, 4—D,
    1, 1-dichloroethylene, cis-1,2-dichloro-
    ethylene, trans-i, 2—dichloroethylene,
    methoxychlor, monochlorobenzene,
    Dicloram,
    ~
    ...~‘..
    ~
    2,4,5—TP (Silvex),
    1,2,4—trichIcrcbèrzene.
    1,1,2-
    trichioroethane.
    and
    1,1, 1—trichloroethane.
    iii)
    For a chemical constituent of gasoline,
    diesel fuel, or heating fuel,
    the
    constituent exceeds the following:
    Constituent
    Criterion
    (mg
    /
    L)

    —14—
    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;
    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;

    —15—
    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
    Antimony
    mci/L
    0.006
    Arsenic
    mg/L
    0.05
    Barium
    mg/L
    2
    Beryllium
    mci/L
    0.004
    Boron
    mg/L
    2
    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 as N
    mg/L
    10
    Radium-226
    pCi/L
    20
    Radium-228
    pCi/L
    20
    Selenium
    mg/L
    0.05
    Silver
    mg/L
    0.05
    Sulfate
    mg/L
    400
    Thallium
    mcz/L
    0.002
    Total
    Dissolved
    Solids
    (TDS)
    mg/L
    1,200

    —16—
    mg/L
    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
    Alachlor*
    Aldicarb
    Atrazme
    Benzene*
    Benzo (a) 1,vrene*
    Carbofuran
    Carbon Tetrachloride*
    Chlordane*
    Dalapon
    Dichloromethane*
    Di (2-ethvlhexyl)phthalate*
    Dinoseb
    Endotha 11
    Endrin
    ~Ethy1ene
    Dibromide*
    Heptachlor*
    Heptachlor
    Epoxide*
    Hexachlorocvclopentadiene
    Lindane
    (Gamlna-HexachlorQ
    cyclohexane)
    2,4
    —D
    ortho—Dichlorobenzene
    para—Dichlorobenzene
    1. 2-Dibromo-3-Chloropropane*
    1, 2-Dichloroethane*
    1, 1—Dichloroethylene
    cis-1,
    2—Dichloroethylene
    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)
    Standard
    (mg/L)
    0.002
    0.003
    0.003
    0.005
    0. 0002
    0.04
    0.005
    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
    Zinc
    5

    —17—
    Tetrachloroethylene*
    0
    005
    Toluene
    i
    Toxaphene*
    0.003
    1,1,
    1-Trichloroethane
    0.2
    1,1,
    2-Trichloroethane
    0
    005
    1,2 ,4-Trichlorobenzene
    p
    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.
    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 arem 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
    NCR?
    Report
    Number
    22,
    incorporated
    by
    reference
    at
    in
    Section
    620.125(a).

    —18—
    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
    Orcian
    (Pci/i)
    Tritium
    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:
    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
    (mg/L)
    Boron
    2.0

    —19—
    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,
    surf icial
    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/L)

    —20—
    Alachlor*
    0.010
    Aldicarb
    0.015
    Atrazine
    0.015
    Benzene*
    0.025
    Benzo(a)Pvrene*
    0.002
    Carbofuran
    0.2
    Carbon Tetrachloride*
    0.025
    Chlordane*
    0.01
    Dalapon
    2.0
    Dichloromethane*
    0.05
    Dichloromethane
    0.05
    Di(2—ethvlhexvl)phthalate*
    0.06
    Dinoseb
    0.07
    Endothall
    Endrin
    0.01
    Ethylene
    Dibromide*
    0.0005
    Heptachlor*
    0.002
    Heptachlor Epoxide*
    0.001
    HexachlorocycloDentadiene
    0.5
    Lindane
    (Gamma-HexachlorQ
    cyclohexane)
    0 •
    001
    2,4—D
    0.35
    ortho—Dichlorobenzene
    1.5
    para-Dichlorobenzene
    0.375
    1,2-Dibromo-3—Chloropropane*
    0.002
    1, 2-Dichloroethane*
    0 •025
    1,i-Dichioroethylene
    0.035
    cis-i,
    2-Dichloroethyiene
    0.2
    trans-i,2-Dichloroethylene
    0.5
    1, 2-Dichloropropane*
    0
    • 025
    Ethyibenzene
    1.0
    Methoxychlor
    0.2
    Monochiorobenzene
    0.5
    Pentachlorophenol*
    0.005
    Phenols
    0.1
    Picloram
    Polychlorinated
    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
    1,1 ,2—Trichloroethane
    0
    05
    Trichloroethylene*
    0.025
    Vinyl
    Chloride*
    0.01
    Xylenes
    10
    *Denotes
    a
    carcinogen.

    —21—
    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
    (Iii. Rev.
    Stat.
    ~
    ch.
    5,
    pars.
    801
    et
    seq.)
    415
    ILCS
    60/1
    et
    seci.J.
    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
    *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
    )

    Req
    2?~~EO—~E564f
    57 Fed~
    Rag. 3~776’~-3l8~9~
    ~&iTechlllgue~of
    Water
    Resources
    Invasti~ations
    of
    the
    ~thuted
    $t~tes
    ~
    for Collection ~nt1Field 1naIys~.s~
    ~ainp1eE
    ~r
    Se1ecte~ Unstable
    ~
    inccrporated
    by
    refere~ee
    at Se~tiOn~20~1’25~cr
    other
    procedures
    adopted ~
    th~ppr~bp~iate
    regulatory
    agency.~
    2
    Groundwater
    eleVatIon
    ~n
    a
    groundwater
    ~nitorin~
    well
    2~rnst~
    ~eter~nxned
    and
    reCQZ1~ed
    i4~er~
    ~ecess~iy
    to
    ~eterininethe grad±q~t~.
    :3~
    The ar~aIyticaImethoaology used f~rthe analysis
    of constituents in
    5u)~pa~t~
    C
    and
    0
    ~uzt
    )~e
    ConsistEnt
    with both of ~.hef~1owjn~:
    A)
    The nietbodoltgy ~
    ~tThr b~1ow
    the preventive re~ponse1eve~L~
    of Subpart C
    or
    the
    ~roundwater
    ~tand~rd
    set
    forth
    ir~
    Subpart D, ~hicb~ver t~pc~h)~e~~nd
    ~3)
    The
    ~icthodology
    ~u~t
    bâoà~et~w~th
    ~ethodologie.s
    cont~ine&’1~
    eth~s~’for
    Che~iea1
    ~Aria1ysis
    ~o&
    t~3~.na
    ~?aste~&’,
    ~ethods
    f~r~
    the
    D~te~mi~tiott~
    c~fOrgatuc
    Compcrnnds in
    Drinking
    Wate~~X~ractica1
    Cuiae for
    Grrnnd-Water
    ~ampIi~g”~
    ‘~Test
    ~ethods
    for
    Evaluat.thg
    ~QUd
    14ast~s~.
    ~‘hysica1/chemica1~etho
    ~W-846)
    ~Techrdques ~f Water
    Resoi~irc~esXnve~tigat1ons
    ~f the United States Ceologi~a?Survey,
    Guadel~nesfor Collection and P1~d
    ~na.y~is
    of
    around-Water
    Samples
    for
    Se1ectec~
    Unstable
    Const~tuent&1~thcorporate~ky
    reference
    at
    é~ti
    2.0
    c)
    Reporting
    Require~ents
    At
    a
    ~ini~u~, groundwater
    ~onitox1ng
    ana1~tical
    results
    must
    ~,ncl-ude
    jnfor~ation~ procedures
    ai~d
    techniques
    for~
    Sanipie
    collection
    (including but not lilited tc
    of sa~nple
    collector~
    tine
    and
    date
    f
    the
    ~a~np1e~
    method
    of
    collection; and
    Ldentlficatlor
    of
    the
    ~onitor~thg
    1~cation~
    ~
    and:: a
    not
    1ii~ted
    to
    field
    quality
    control~

    —23—
    3.
    t~
    the
    ~
    ~hairi
    ~
    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, ~nd 56 Fed. Reg. 3526—3597, and 57 Fed.
    Reci. 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

    —24—
    Section 620.125, the guidance level is the lowest
    appropriate PQL.
    IT
    IS
    SO
    ORDERED
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above
    pinion and order was
    adopted on the
    ~‘-~-~
    day of
    ____________________,
    1994, by
    a vote of
    ~,
    —o
    ~
    ~t.
    ~Dorothy M.
    unn, Clerk
    Illinois ~91lution Control Board
    (Source:
    Amended at 18 Ill.
    Reg.
    ____,
    effective
    ____________)

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