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
____________)