ILLINOIS POLLUTION CONTROL BOARD
July 25,
1991
IN THE MATTER OF:
)
GROUNDWATER QUALITY STANDARDS
)
R89-14(A)
and R89-14(B)
(35 ILL. ADM. CODE 620)
)
(Rulemaking)
Proposed Rule.
Second Notice.
OPINION
AND
ORDER OF THE BOARD
(by R.C. Flemal):
In its most recent prior action in this matter, on February
28,
1991, the Board:
1)
Split the docket, with:
Docket A consisting of those provisions
proposed for First Notice by the Board in its
September 27,
1990 Opinion and Order and
published in the Illinois Register on
November 2,
1990
(14 Iii. Reg.
17822,
17862).
Docket B consisting of those provisions
proposed by the Illinois Environmental
Protection Agency (“Agency”)
in Public
Comment #47
(“PC #47”)
dated February 15,
1991 and filed with the Board on February 19,
1991.
2)
Proposed Docket B for First Notice without
either technical or economic comment on its
merits.
First Notice publication of Docket B
occurred in the Illinois Register on March
22,
1991 at 15
Ill. Reg.
4234.
Today the Board takes the following additional actions:
1)
Closes Docket A and withdraws its provisions
from further consideration, save
for the
proposed amendment to 35 Ill. Adm. Code.Part
303; Part 303 hereafter becomes part of
Docket
B.
2)
Proposes Second Notice of Docket
B, with
modifications as herein discussed.
3)
Withholds filing of today’s proposal with the
Joint Committee on Administrative Rules to
allow for a comment period of 15 days from
today’s date (comment period closing on
124—239
—2—
August 9,
.1991).
During this period the
Board will entertain any ~
comment on the
proposal.
The Board is pleased with the high quality perspective that
has been brought to bear on this matter, both in hearing
testimony and public comments.
The Board expresses its
appreciation to the many persons who have contributed in one form
or another.
PROCEDURAL HISTORY
This matter comes before the Board pursuant to Section
8 of
the Illinois Groundwater Protection Act
(“IGPA”),
Ill. Rev. Stat.
1989,
ch.
111½, pars. 7451 ~
~g.
Section 8 mandates inter alia
that the Agency propose and the Board promulgate “regulations
establishing comprehensive water quality standards which are
specifically for the protection of groundwater”
(IGPA at Section
8(a)).
The Agency filed its original proposal on September 21,
1989.
On January 31,
1990 the Department of Energy and Natural
Resources
(“DENR”)
filed the Economic Impact Statement (“EcIS”),
which pursuant to the IGPA was prepared concurrently with
development of the Agency’s proposal.
On March 26,
1990 an alternate proposal was filed by the
NcHenry County Defenders,
Citizens for a Better Environment, and
the Illinois Chapter of the Sierra Club (collectively as
“Defenders”).
On June
1,
1990 the Agency filed its second proposal
(PC
#16)
Hearings on the various proposals and the EcIS were held on
Deceper
12 and 13,
1989,
and February 14, March 29, and May 7,
1990
Based on the cumulative record then available, the Board on
September 27,
1990 advanced its own proposed rule, which was
published for First Notice on November 2,
1990 as noted above.
Hearings were held on this proposal on December 4 and 5,
19902.
1
Transcripts of the December 1989 to May 1990 hearings, which
are numbered consecutively, are herein cited
in the form “Ri at
‘I
2
Transcripts of the December 1990 hearings are herein cited
in the form “R2 at
124—240
—3—
On February 19,
1991 the Agency filed its third amended
proposal, which, as above noted, the Board on February 28,
1991
proposed for First Notice as Docket
B.
Hearing was held on the
Docket B proposal on May 30, 1991~. At hearing the Agency
offered further amendments to its proposal based on renewed
discussions, conferences, and negotiation sessions with
interested persons.
The text of these amendments,
which was
entered as Exhibit T4, had been distributed to interested persons
prior to the May 30,
1991 hearing.
At the May 30,
1991 hearing several participants urged the
Board to move forward with the Docket B proposal as amended by
the Agency in Exhibit T.
These include the Chemical Industry
Council of Illinois
(R3 at 11), the Illinois Fertilizer and
Chemical Association (“IFCA”)
(R3 at 192—3), the Illinois
Environmental Regulatory Group
(“IERG”)
(R3 at 199—207,
324), and
the Defenders
(R3 at 263,
275—6).
Public Comments were filed after the May 30, 1991 hearing by
the Illinois Nature Preserves Commission
(PC #50),
the Illinois
Department of Commerce and Community Affairs
(PC #51),
Illinois
Department of Conservation (PC #52), Growmark,
Inc.
(PC #53), the
Illinois Farm Bureau (PC #54), DENR
(PC #55), Waste Management,
Inc.
(“WMI”)
(PC #56), the Defenders (PC #57),
the A~ency (PC
#58),
IERG
(PC #59), and Winston and Strawn
(PC #60)
.
The Board
has considered these comments.
GENERAL PROVISIONS
The fundamental purpose of today’s proposal is to set out
the groundwater quality standards and associated basic framework
which are to apply to the groundwater resources of the State.
Groundwater Classification
Among the framework elements is a system of groundwater
classification set out in Part 620.Subpart B of today’s proposal.
The groundwater classification system recognizes that the waters
of the State differ in their resource characteristics.
~ The transcript of the May 1991 hearing
is herein cited in
the
form
“R3
at
_____
‘
The
text
of
the
proposed
amendments
entered
as
Exhibit
T are
often
referred
to
in
the
transcript
of
the
May
30, 1991
hearing
as
the
“May
15”
proposal,
based
upon
the date
contained on
that
document.
~ Comments of the Agency,
IERG,
and Winston and Strawn were
accompanied by motions to file instanter.
These motions are hereby
granted.
124—241
—4—
Classification allows the various groundwater protection devices
to be tailored to the different groundwater resources.
Underground Water versus Groundwater
Neither the IGPA,
any of the prior proposals in this
proceeding,
nor the current proposed
rule
contains any provision
for regulation of or the application of water quality standards
to waters other than groundwater, as defined in the IGPA.
That
definition of groundwater is:
“GROUNDWATER” MEANS UNDERGROUND WATER WHICH OCCURS
WITHIN THE SATURATED ZONE
AND
GEOLOGIC
MATERIALS WHERE
THE FLUID PRESSURE IN THE PORE SPACE IS EQUAL TO OR
GREATER
THAN
ATMOSPHERIC PRESSURE.
(Ill. Rev.
Stat.
1989,
ch.
111 1/2, par. 1003.64).
Pursuant to this definition,
“groundwater” is a subset of
“underground waters”.
Among other matters,
it is that subset
that occurs within the saturated zone.
~Qt included are
underground waters that may occur in unsaturated portions of the
subsurface,
such as within the aerated portions of the soil.
Also not included is the water normally found in the root zone of
crops,
since the roots of most crops do not propagate into the
saturated zone
(R2 at 139).
Simplicity
Among the principles guiding today’s action is the
desirability of promulgating a system of standards that is not
needlessly complicated.
A simple rule is particularly desirable
in the instant case because the arena of groundwater standards is
so new.
In this circumstance it is wise to resist the temptation
to build an overly elaborate rule where there is no history to
warrant the conclusion that the elaborate rule is either
necessary or workable.
Moreover,
a simple rule is also essential to assure that the
limited resources available to both the regulators and regulated
community may be applied in such manner as to provide the maximum
environmental protection.
A regulation is only as good as the
availability of resources to implement and enforce it.
DISCUSSION
--
PART
303
Although the principal regulations proposed today consist of
new Part 620, the promulgation of Part 620 requires a conforming
amendment to Subtitle C.
The groundwater standards proposed
today are intended to supersede the standards currently
applicable to groundwater, which are found in Subtitle C.
These
currently applicable standards are the General Use and Public and
Food Processing Water Supply Standards of 35 Ill. Adm. Code:
Subtitle C, which are applicable to groundwaters pursuant to
124—242
—5—
Section 303.203 of Subtitle C.
The amendment today proposed for
Section 303.203 deletes the applicability of the General Use and
Public and Food Processing Water Supply Standards to groundwater.
The language proposed today was recommended by the Agency
(PC #16, p.
9) and proposed for First Notice by the Board under
Docket A; no changes have been made subsequently.
PART 620
SUBPART A: GENERAL PROVISIONS
Subpart A sets out the general provisions applicable to the
entire Part 620.
In general, this Subpart closely follows the
similar Subpart in the several Agency proposals,
in the
Defenders’ Proposal, and in Docket B.
Purpose
——
Section 620.105
Section 620.105 sets forth the purpose of the Part.
The
construction of the Section is the Board’s own, based on the
Board’s view of the purpose of the Part and the intent expressed
for the Part in the IGPA.
The Defenders had suggested insertion within this Section of
the phrase “to assure that the groundwater resources of the State
be utilized for beneficial and legitimate purposes, that waste
and degradation of the resources be prevented,
and that the
underground water resource be managed to allow for maximum
benefit of the people of the State of Illinois”
(Def.
Exh.
7 at
proposed Section 620.101).
This language comes from the policy
statement found at Section 2(b) of the IGPA.
While the Board
fully stands behind this policy statement, the Board believes
that today’s Section 620.105 language more closely tracks the
actual purpose of these rules proposed pursuant to Section
8 of
the IGPA,
and therefore opts to use the more narrow version.
The
Board believes that this narrow purpose statement will more
clearly alert the public to what is being regulated.
Definitions
-—
Section 620.110
Section 620.110 contains definitions applicable to Part 620.
These definitions are proposed today with only one substantive
change from First Notice.
That is replacement of the words
“finally determined” in the definition of carcinogen by “listed
or classified in the Integrated Risk Information System or as
specified in a final rule adopted by USEPA”.
This change is made
upon the recommendation of the Agency
(PC #58,
¶1)
in response to
questions regarding interpretation of the word “finally”.
In
addition to this change, today’s draft contains some
nonsubstantive alterations to the definitions section that are
made for stylistic or grammatical consistency.
These are:
124—24 3
—6—
1)
Citation to the “Act” or “IGPA” in each of the
statutory definitions.
2)
Grammatical modification of “Detection” and
modification of the incorporation by reference citation
therein.
3)
Grammatical modification of “Off-site” and “On-site”
consistent with use of these two terms as adjectives
rather than nouns.
4)
Insertion of “site” into the seriatim of “Operator” and
of “facility or unit” into “Owner” to provide
parallelism between these kindred terms.
5)
Formatting of “Potential Primary Source” and “Potential
Secondary
Source”
in
the
form
used
in
the
Act.
6)
Identication
by
name
of
the
incorporation by reference
cited
in
the
definition
of
“Practical
Quantitation
Limit”.
7)
Replacement of “Site” with its statutory definition
found in the Act.
8)
Definition of “Threshold Dose”
as the noun found in
Section 620.605(b) (1), to distinguish it from use of
the word “threshold” as an adjective of different
meaning found in Section 620.605(b) (1), 620.Appendix A,
620.Appendix B(e), and 620.Appendix C(b)
and
(c).
General Prohibitions
-—
Section 620.115
Section 620.115 contains a general prohibition against
threatening, causing or allowing a violation of the Act, IGPA, or
Board regulations including this Part.
Incorporations by Reference
--
Section 620.125
Section 620.125 sets forth incorporations by reference as
used within Part 620.
Today’s draft includes for the first time
incorporation of the National Council on Radiation Protection’s
“Maximum Permissible Body Burdens and Maximum Permissible
Concentrations of Radionuclides in Air and in Water for
Occupational Exposure”, National Committee on Radiation
Protection recommendations, June 5,
1959, and 56 Fed. Reg. 26460-
26564
(June 7,
1991).
The additions are made at the
recommendation of the Agency
(PC #58, ¶2).
The Board notes that
“RCRA Groundwater Monitoring Technical Enforcement Guidance
Document”, EPA Publication No. OSWER-9950.1 (September 1986)
is
out of print, therefore it is unavailable to the public, and
cannot be incorporated by reference.
Other incorporations were
deleted when it was discovered that they are not used in the
124—2 44
—7—
proposed rule,
or are duplicative.
These include references to
54
Fed.
Reg. 22062—22160 (May 22,
1989),
40 CFR 141,
142, and 143
(1990), and 40 CFR 300
(1990).
These will remain in the record
as exhibits.
Other nonsubstantive changes are made to correct
citations to some of the documents.
All other incorporations
remain unmodified from First Notice.
The Board further notes
that corrections to the citations to the incorporated documents
are made throughout the proposal, where appropriate.
Exemptions from Subtitle C Standards
--
Section 620.130
Section 620.130 exempts groundwaters from the General Use
Standards or Public and Food Processing Standards of Subparts B
and C of 35 Ill.
Adm. Code 302.
This change,
in combination with
amendment to Section 303.203
(see above), clarifies the
relationship between 35 Ill. Adm. Code.Subtitle C and the instant
proposal.
Exclusion for Underground Water in Certain Man—Made Conduits
——
Section 620.135
Section 620.135 explicitly excludes any underground waters
that occur in certain man—made conduits from the application of
the rules proposed today.
The man—made conduits included are
subsurface drains, tunnels, reservoirs, storm sewers, tiles, and
sewers6.
Waters in such conduits do not have the conventional
characteristics and properties of groundwater, and it is
therefore inappropriate to apply to them water quality standards
that are based upon groundwater characteristics and properties.
It is perhaps arguable that Section 620.135 is not necessary
since the definition of groundwater itself would seemingly
exclude water in most,
if not all,
of the man—made conduits
listed.
Thus,
if these waters are not groundwaters, groundwater
standards would not apply to them.
However, the record attests
that there is sufficient confusion on this matter
(see Agency
Statement of Reasons,
p.
11; PC #9; PC #10;
PC #13) to warrant a
definitive exclusion for water in man—made conduits.
It should be recognized that water in man—made conduits is
not excused from
~fl
water quality standards.
To the extent that
such waters are “Waters of the State”, they would be subject to
the water quality standards of Subtitle C.
As well,
if such
waters are discharged to the surface, they would be subject to
water quality standards applicable to surface waters.
The
Illinois Department of Agriculture notes this conclusion with
respect to drainage from agricultural field tiles:
6
Specifically not
included are waters within wells,
well
casings,
or other structures designed to tap groundwater.
124—24 5
—8—
It is inappropriate to apply any numbers or standards
to water in a drainage tile except surface water
standards at the point of discharge to a surface water,
at which point one also must consider the effects of
mixing.
PC
#9 at p.
1.
SUBPART B: GROUNDWATER CLASSIFICATION
Subpart B sets out the general groundwater classification
system, criteria for classifying specific groundwaters, and
procedures for amending the classification of any specific
groundwater.
Subpart B is unaltered in general form and
principal provisions relative to the First Notice proposal.
However,
it contains significant rephrasing within several
Sections in accord with the recommendations made and discussed by
the Agency at the May 30,
1991 hearing
(see R3 at 14-187 and
Exhibit T).
List of Groundwater Classes
—-
Section 620.201
Section 620.201 establishes that there are four classes of
groundwater.
In addition,
it establishes that some groundwaters
may fall into groundwater management zones, pursuant to Section
620.201.
Every groundwater in the State belongs to one of the
four classes or to the waters in a groundwater management zone.
The four classes of groundwater today identified derive from
concepts presented over the full history of this proceeding,
beginning with the Agency’s original proposal and the Defenders’
counter proposal, and culminating in the Agency’s Docket B
proposal.
Perhaps no other facet of this proceeding has focused
as much effort as has determining how best to classify the
State
‘
s groundwaters.
Basic to the groundwater classification effort is the
concept that groundwater constitutes a valued resource.
This
principle is articulated in the opening sentence of the State’s
Groundwater Protection Policy:
~.
it is the policy of the State of Illinois to
restore, protect, and enhance the groundwaters of the
State, as a natural and public resource.
IGPA,
Section 2(b).
It is recognized, however, that not all groundwaters
constitute the same level of resource; some groundwaters have
greater resource value by virtue of their higher quality,
quantity, accessibility, etc.
Moreover,
it is generally agreed
that the degree of protection required is in some measure a
function of the nature of the particular groundwater resource.
This concept constitutes one of the bases for groundwater
classification, and the application of different water quality
1~4=~46
—9—
standards, monitoring and remedial requirements, etc.,
to the
different classes.
It is to be further recognized that potability7, generally,
constitutes the “highest” use to which groundwaters are put.
Potability,
as a further generality, requires the highest degree
of protection,
including the most stringent standards,
to
maintain the use.
Potable-use also is by far the largest use to
which groundwaters in Illinois are put, and will be put in any
foreseeable future.
Given these circumstances,
it is apparent
that any successful program of groundwater management must give
special focus to potable groundwaters.
Emphasis on potable
groundwaters is recognized in the declaration that the first
class of Illinois groundwaters consists of the potable resource
groundwaters.
Potable Groundwaters Class
--
Section 620.210
Section 620.210 establishes the definition of a Class
I:
Potable Resource Groundwater.
Included are all groundwaters that
are located 10 feet or more below the land surface and that, by
any one of several tests, produce groundwater in quantities
sufficient to sustain a potable use.
In addition, Section
620.210 specifically identifies that the Board may add
groundwaters to Class
I via the adjusted standards procedures
spelled out at 620.260.
The tests used to determine potable quantities include
demonstrated use, thicknesses associated with aquifers found in
various rock types, or suitable hydrogeologic parameters.
The
latter include water in strata capable of a sustained yield of at
least 150 gallons per day in a borehole of reasonable size and
over a typical collection thickness8.
Today’s proposal for Class
I groundwaters clearly includes a
very broad range of groundwaters.
This is fully intended.
Moreover,
it should be noted that Class I groundwaters include
groundwaters of potential potable use as well as groundwaters
currently experiencing potable use.
A recurrent question
~ “Potable”
is defined at in the IGPA
as
meaning “generally
fit for human consumption in accordance with accepted water supply
principles and practices”
(Ill. Rev. Stat. 1989,
ch. 111 1/2, par.
7453(h))
8
The 150 gallons per day limit is that limit which the USEPA
defines as a yield sufficient for a groundwater to serve as water
source for a household unit (Defender’s Exh.
6,
p.
39,
45; PC #16
at p. 12-16).
The qualifications regarding sustainability of yield
and size of borehole plus the hydraulic conductivity condition were
first proposed and discussed by the Agency at the May
30,
1991
hearing
(R3 at 18-23; Exh. T).
124~247
—10—
regarding the resource—protection concept of groundwater
protection has been whether potentially usable groundwaters
should be afforded like protection to groundwaters actually being
used (e.g., Ri at 26, 968-9; PC #6 and #8).
The Board previously
addressed this issue in R86-89.
It there noted:
Resource groundwaters are, at the minimum, those
groundwaters which are presently being put to
conventional use by reason of being of suitable
quality, having local demand, and having been actually
developed.
Much of the record also indicates that
resource groundwaters ought also to include those
groundwaters which have the potential for being put to
conventional use.
This perspective is straightforward,
in that it suggests that potential resources should be
protected against the eventuality that at least some of
them will find use in the future.
The Board believes
that this is a wholly correct perspective, and
accordingly concludes that resource groundwaters should
include groundwaters of potential use.
~
at 11-3)
The Board believes that this perspective remains correct
today, and accordingly it is incorporated into today’s proposal.
Moreover, the Board believes that the General Assembly also
endorsed this perspective by defining in the IGPA that a
“resource groundwater’ means a groundwater that is presently
being or in the future capable of being put to beneficial use”
(IGPA at Section
3(j),
Ill. Rev.
Stat.
1989,
ch.
111 1/2, par.
7453
(j);
emphasis added).
That is, the Board believes that among
the most necessary facets of the State’s groundwater protection
program is the need to protect
~fl
drinkable water at a drinkable
level.
Similarly,
the Board does not believe that current actual
use should be the sole control of whether potable groundwater is
afforded the protection necessary to maintain potability; we
simply cannot willfully sully today a resource which future
generations may need.
For the same reason the term “Potable
Resource Groundwater”, rather than “Potable ~
Groundwater”,
is
employed in the title of this class.
The Board also notes that today’s proposal does not attempt
to limit the definition of potability by qualifiers relating to
time of travel to existing wells or stratigraphic position, as
have some earlier proposals.
This is in keeping with the Board
position that all naturally potable groundwaters should be
recognized as such,
irrespective of whether they are currently
experiencing use as a potable water supply.
Among the concepts ~
incorporated into today’s proposal is
the proposition espoused by the Defenders that. to Class
I
In
the
Matter
of:
A
Plan
for
Protecting
Illinois
Groundwater, R86-8, Report of the Board, August 28,
1986.
124—248
—11—
groundwaters should be added
~fl
groundwaters hydrologically
connected to and upgradient of potable resource groundwaters
(R2
at 523; R3 at 269-70); under today’s proposal most such
groundwaters would be Class II groundwaters.
This concept is not
proposed today because it offers little additional groundwater
protection at a substantial increase in the regulatory burden.
Lastly, the Board notes that the 10-foot rule arises from
the need to recognize that many surface activities can impact
very shallow underground water without also impacting the great
bulk of potable groundwaters.
For example, the agricultural
community has expressed substantial concern that establishing
standards for groundwater would critically impact agriculture by
disallowing the chemical alteration of all subsurface waters,
including disallowing use of agricultural chemicals that operate
through roots.
To assure that this erroneous interpretation is
not fostered,
and to assure that the instant proposal does not
proscribe legitimate use of agricultural chemicals or other
legitimate activities,
it was proposed at the December 4,
1990
hearing that the potable resource (Class
I) groundwater standards
specifically apply only to groundwaters below a depth of 10 feet,
irrespective of whether these waters would otherwise qualify as
potable waters; groundwaters shallower than 10 feet would always
be Class II,
III, or IV, depending upon the local circumstances.
The Board today endorses the “10—foot” rule as a reasonable
compromise between the need to protect potable groundwaters and
the need to carry on legitimate surface activities,
of which
agriculture
is but one.
As an aside to the “10—foot” rule, the Board notes that
question has been raised whether potable groundwaters found below
10
feet,
but located in a geologic unit that meets one of the
thickness criteria only because a part of the unit is at a depth
less than 10 feet, would still be considered a Class
I water
(R3
at 300).
The Board intends that the answer to this question be
“yes”.
Simply,if the water is below 10 feet and is naturally
potable,
it should be supported as a potable water resource.
The
Agency, which supports this interpretation
(PC #58 ¶4), proposes
that a Board Note be added to Section 620.210 to this effect.
The Board today accepts this proposal.
The General Resource
(Default) Class
——
Section 620.220
Class II: General Resource Groundwater is, by definition at
Section 620.220, the default groundwater class.
That is, Class
II consists of those groundwaters that are ~
Class
I,
III, or
IV.
For example,
a groundwater occurring in a thin shale unit
that is not actually producing potable ~roundwater and that has a
hydraulic conductivity less than
1 x 10~ cm/sec would fall into
Class II unless one of the special conditions of Class III or IV
should apply.
In general, a groundwater could fall into Class II
if it is not potable by virtue of quantity or quality
12 4—249
—12—
limitations,
if it has not been otherwise specially classified
according to Class III procedures,
or if it is not otherwise
limited pursuant to Class IV qualifications.
The Board anticipates that groundwaters in “tight”
hydrogeologic units will constitute one of the most common
occurrences of Class II groundwaters.
These are groundwaters
that are unavailable in quantities sufficient for use.
Another
common occurrence is likely to be groundwaters that are not so
saline as to warrant classification as Other Groundwater, but
that nevertheless are too saline to be potable without treatment.
Given the several ways that a groundwater may be classified
as a Class II groundwater, in the long term it may be advisable
to either subdivide Class II or split out additional classes from
Class II.
However, the Board believes that this endeavor, should
it be undertaken,
best awaits some experience with the more
general classification proposed here.
Special Resource Groundwater
—-
Section 620.230
Section 620.230, Class V: Special Resource Groundwater,
is
derived in concept from the Defenders’ proposal, which in turn is
based on the USEPA groundwater classification strategies10.
The
Defenders contend that in certain circumstances a groundwater may
take on an ecologically vital role, as for example when its
discharge supports a vital wetland
(Ri at 969-971).
Other
examples might include caves,
lakes, ponds,
streams, and perhaps
even the more moist varieties of prairies and forests.
In
general, the Board believes that the concept of special treatment
of unique or ecologically vital groundwaters via more stringent
standards is a good concept.
Subsection
(a) of Section 620.230 is today modified in
accord with the recommendation of the Defenders
(PC #57 at p.
5)
to drop the words “of high value” and “vulnerable to
contamination” found in the First Notice version.
“Of high
value”
is at best redundant, and at worst unnecessarily vague.
The second phrase is deleted because vulnerability should not
necessarily be the controlling concern in protection of
“demonstrably unique” groundwaters.
In its First-Notice form Section 620.230 provided for the
placement of a groundwater in Class III only though the formal
action of the Board pursuant to Section 620.250.
At the May 30,
1991 hearing, with the support of the Illinois Nature Preserves
Commission
(PC #50) and the Illinois Department of Conservation
(PC #52), the Agency proposed that. groundwaters that contribute
10
See Guidelines
for Ground-Water Classification under the
EPA Ground-Water Protection Strategy, USEPA Office of Ground-Water
Protection, November 1986:
Defender’s Exh.
6.
124—250
—13—
to a dedicated nature preserve,
as listed by the Agency, also be
designated as Class III groundwaters via an alternate, more
expeditious route found at subsection
(b)
(R3 at 24-7).
As the
Agency notes:
This will provide a more expedited process to list
sites that have already been designated by the Nature
Preserve Commission, and also will allow for a review
of these sites on a case-by—case basis.
Sixty sites
have been identified by the Commission as nature
preserves that may have an important relationship to
groundwaters.
The review of this information on a
case—by—case basis is important to help determine what
relation groundwater has to these sites.
(R3 at 26)
The Board notes that any person who feels aggrieved by an
Agency decision under subsection
(b) would still have recourse to
bring the action before the Board pursuant to subsection
(a).
Moreover,
as the Defenders correctly observe, the listing process
as
proposed would “only resolve the question of which nature
preserves would be designated as containing Class III
groundwater; there may still need to be a Board proceeding to
determine the appropriate groundwater standards to apply”
(PC #57
at p. 6).
Other Groundwaters
--
Section 620.240
Section 620.240 sets out criteria for classifying Class IV:
Other Groundwater.
The purpose of the class
is to accommodate
certain waters that,
due to particular practices or natural
conditions,
are limited in their resource potential.
Included
are groundwaters that are naturally saline, groundwaters that
occur in the zone of attenuation surrounding a landfill,
groundwaters in mining—disturbed areas,
and affected groundwaters
associated with potential primary or secondary sources,
as
defined in the IGPA.
The class also would contain any
groundwater designated by the Board as an exempt aquifer.
A new subsection today occurs at
(b) based upon the combined
recommendation of the Agency
(PC #58 at ¶10) and
WMI.
It
addresses the special circumstance of groundwaters associated
with hazardous waste treatment,
storage, and disposal sites.
As
the Agency notes, this subsection would:
•
.
.
recognize groundwater within a point of
compliance as provided in 35 Ill. Adm. Code 724 as
Class IV: Other Groundwater.
35 Ill.
Adm. Code 724.195
provides that the point of compliance is a vertical
surface located at the hydraulically downgradient limit
of the waste management area that extends down into the
uppermost aquifer underlying the regulated units.
However, this area established in relation to the point
of compliance shall not exceed a distance of 200 feet.
124—25
1
—14—
This 200-feet limitation
is derived from the minimum
setback established for potential primary and secondary
sources of contamination under Section 14.2 of the Act.
(PC #58 at ¶10).
An allied and major provision of Section 620.240 is the
identification of a “zone of allowance” in subsection
(e)11
related to potential primary and secondary sources12.
As the
Agency noted at hearing:
The intent of this zone is to establish an area
adjacent to a potential source to deal with a release
or leak from a tank or piping without automatically
being out of compliance with standards.
If an
unintentional leak occurred adjacent to a potential
source, and actions are taken to control its impact
within this small area, there should be an allowance
provided.
(R3 at 29)
This provision recognizes that incidental spills
and leaks do occur at sites, but if they are
controlled,
such sites should not automatically be out
of compliance with standards.
.
.
.
This zone is not
automatically provided and can only be established
after written notice has been provided to the Agency
and if certain conditions are met.
(R3 at 29-30)
More recently the Agency has added:
The Agency was asked to consider whether Section
620.240-d~-j~should be applied to sources where there
is a potential for a release, but a release has not
occurred.
The Agency intends that this provision be
available for potential primary and secondary sources
where a release has actually occurred.
The criteria in
this subsection are written to evaluate the
consequences of contaminants released from a source so
that application of this subsection to potential
release situations or conditions would make little
sense.
To further clarify this limitation, the Agency
recommends that the phrase “from a release” be added to
Section 620.240-(4)-j~j.
11
Subsection
(e) was at subsection
(d)
of the First Notice
proposal.
12
At the May
30,
1991
hearing the Agency also
noted
that
certain
wastes
at
coal
mine
sites
are
not
covered
by
the
definitions
of
potential primary or
secondary
source,
but may
require a similar zone of allowance (R3. at 31).
Accordingly, the
Agency there proposed the addition of today’s subsection
(f).
124—252
—15—
Having read all comments on the appropriateness of
the Section 620.240-(4)-jg)~.provisions,
the Agency
believes that Section 620.24O-(4)-~jas well as the coal
mining provisions of Section 620.240-~4~-j~j
are
necessary and important provisions which address
realistic conditions.
The establishment of these small
areas in Section 620.240f4)-j~jrecognizes that releases
to groundwater do occur from contamination sources and
that monitoring and cleanup cannot always be performed
directly under sources of contamination.
Remediation
is sometimes not done at or under the source to avoid
further damage to the integrity of the source and to
the integrity of the monitoring wells.
The dimensions
of this area beyond the edge of a source of
contamination is dependent upon site specific
conditions within the limitations of this proposed
rule.
Under certain conditions where a release occurs
at the up—gradient end of the source of contamination,
a zone could be established at the downgradient edge of
the source.
Where the release has migrated beyond the
downgradient edge of the source, the zone could be
established at the end of the contaminant plume.
These
are in combination with the criteria provided in
Subsections 620.240-(4~-j~(2)through -(-d-)-j~j(5) and for
coal mining, Subsection 620.240~efjZjj2)through
-(-e~-j~j(5),
will recognize these practical limitations
while still protecting groundwater resources.
The
Board has recognized similar provisions in the Board’s
solid and hazardous waste regulations.
The Agency
urges the Board to retain this approach as currently
drafted by the Agency.
(PC #58,
¶6)
Section 620.240 also today contains several clarification
amendments relative to the First Notice draft, as discussed by
the Agency in PC #58 ¶s 6-9.
IERG has lately
(July 10,
1991)
recommended further
alterations of Section 620.240
(PC #59,
p. 9—10).
Given the lack
of opportunity for public reaction to this recommendation and in
the interest of moving this proceeding forward, the Board today
declines to take a position on the recommendation.
Groundwater Management Zone
-—
Section 620.250
Section 620.250 provides for establishment of a management
zone within each class of groundwater.
In any designated
management zone the goal is remediation,
if practicable, of the
groundwater to the level of the standards applicable to that
class of groundwater
(R3 at 32).
124—253
—16—
Unlike most of the other provisions of today’s proposal, the
concept of a management zone was first introduced into this
proceeding in the Agency’s Docket B proposal.
Previous to this
time the various proposals had entertained a “Remedial
Groundwater” class into which various “substandard” but
potentially remediable groundwaters were to reside temporarily or
permanently
(e.g.,
see Section 620.230 of the Board’s Docket A
proposal).
As the Agency observes, a persistent problem with a
remedial class of groundwaters concerns the class to which
remedial groundwaters return after remediation
(R3 at 32).
As an
alternative to a separate remedial class,
the Agency turned to
the groundwater management zone (~.). Moreover, the management
zone concept also provides a better coupling with RCRA and CERLA
regulations (~.at 33).
Today’s text of Section 620.250 differs substantially from
the text proposed at First Notice,
in conformity with the
recommendations of the Agency made at the May 30,
1991 hearing
(R3 at 31-4; Exh. T).
These changes are largely of a form
nature.
The Board notes that it has added the term “groundwater
management” to Section 620.250(b)
for clarification.
Adiusted Standards
--
Section 620.260
Section 620.260 specifies that reclassification of any
groundwater can occur as a result of an adjusted standard
proceeding before the Board.
The Section also specifies the
level of justification required of a petitioner and other
information to allow the Board to determine the adjusted
standard, pursuant to Section 28.1 of the Act.
The Board notes that,
in addition to an adjusted standard,
recourse to reclassification of a particular groundwater also
would be available via the site—specific rulemaking process.
IFCA had requested that the Board include a provision that
“will allow a like class of facilities as a group to seek relief
through an adjusted standard”
(PC #12 at p.
6; emphasis added).
The Board does not see anything in the adjusted standard
procedures of the Illinois Environmental Protection Act or the
instant rule that would preclude an adjusted standard action
being brought on behalf of a group of named individuals or named
facilities.
Addition of such provision in the instant proposal
would therefore appear to be unnecessary.
The Board notes that a
group could alternatively pursue the desired relief through a
rulemaking proceeding.
Since, there are differences in proofs,
conduct of hearings, etc., between adjusted standards proceedings
and rulemaking proceedings, any interested groups would be
advised to consider both before choosing a course of action.
SUBPART C: NONDEGRADATION
AND
PREVENTIVE NOTIFICATION/RESPONSE
124—254
—17—
Subpart C contains nondegradation provisions and general
preventive notification and response actions.
These,
in part,
set the framework for the remainder of Part 620.
Nondegradation
-—
Section 620.301
Section 620.301 states the basic nondegradation provision of
today’s rules.
Its essence is a prohibition against impairment
of any existing or potential use of groundwaters.
A principal area of contention voiced by the participants in
this proceeding has been whether nondegradation ought to
encompass some more stringent prohibition.
Among propositions
have been a prohibition against causing or allowing a
statistically significant alteration in groundwater chemistry, or
even of causing or allowing ~
change in groundwater chemistry.
The Board today declines to ~enera1ly extend nondegradation
beyond the prohibition against loss of use13.
The Board does
this with some reluctance.
Perhaps at some time in the future
this step can be taken.
However, today we simply do not have the
information base,
or resources necessary to obtain the
information base, upon which to found universal judgments of no
(statistical)
change in groundwater chemistry.
It has sometimes been said that casting the nondegradation
provision as it is today is equivalent to allowing pollution up
to the standard.
The Board believes that this characterization
is unjustifiably simplistic.
Among other matters, the whole
preventive notification and response program (see following)
is
directed toward an early alert to, and staving off, of any
increase in contamination in the most sensitive
groundwater/potential source situations.
Moreover,
in other
regulations, such as the Board’s landfill regulations at 35 Ill.
Adm. Code 810-815 and the proposed groundwater regulations at 35
Ill. Adm. Code 615 and 616k, additional proscriptions against
allowing of groundwater quality modifications also occur.
The Board believes that the proper way to characterize
today’s nondegradation provision is that it consists of the
baseline, rule-of-general-applicability.
In specific
13
There
is
one
area
in
which
the
Board
has
previously
determined that no statistical increase in groundwater contaminants
is allowable.
That is at the bounds of the zone of attenuation
associated with
landfills.
The
Board
intends
that nothing
in
today’s proposal overturn this prior determination.
14
In the Matter of:
Groundwater Protection:
Regulations for
Existing and New Activities Within Setback
Zones
and Regulated
Recharge Areas,
(35 Ill.
Adm.
Code 601.
615,
616, and 617), R89-
5, June 20,
1991.
124—255
—18—
circumstances dictated both by today’s rule and by other
regulations license to alter the State’s groundwaters is
significantly more proscribed.
Moreover, the Board also would
expect, as
we gain better understanding of the many dynamics of
groundwater and sources of groundwater pollution, that these
proscriptions also will expand.
The Board today adds subsection
(d) to emphasize its intention of providing for such different
nondegradation provisions, including more stringent provisions,
applicable under specific circumstances.
At the May 30, 1991 hearing the Agency proposed to add an
additional
subsection
(c) that recognizes the existence of
underground injection programs
(R3 at 37).
This provision is
also included in today’s proposal.
Ap~licabilitvof Preventive Notification/Response
-—
Section
620.302
Section 620.302 sets forth the circumstance under which
preventive15 notification and preventive response is applicable;
the section is a prelude to the preventive notification and
response provisions found in Section 620.305 and 620.310.
In
general, preventive notification and response is applicable only
to persons who conduct groundwater monitoring pursuant to some
other State or Federal program
(R3 at 39).
In addition,
preventive notification and response is associated only with the
high-quality, high-use groundwaters, Class I and Class
III
groundwaters
Subsection
(C)
of Section 620.302 is today modified in
conformity with the joint recommendation of IERG and the
Defenders (R3 at 203,
254-5).
The purpose of the modification is
to clarify that exceedence of a standard requires corrective
action and that the preventive response notification\response
procedures do not apply to any contaminant that is in corrective
action
(R3
at
203).
Preventive Notification Procedures
-—
Section 620.305
Preventive notification consists of
(a) confirmation of
results and
(b) notification of interested persons.
In the later
case, the interested person is the regulatory agency where owners
or operators are required to monitor, or it is the owner or
operator where a government agency is required to monitor.
The preventive notification procedures for Class I
groundwaters are triggered when numerical limits associated with
15
At the May 30, 1991 hearing the Agency recommended insertion
of the word “preventive” before “notification” in the First Notice
language of Subpart C
(Exh.
T,
p.
19—25).
That recommendation is
today accepted,
124—25 6
—19—
either of two classes of contaminants is exceeded.
These are the
contaminants found at proposed Section 620.310(a) (3) (A), which
consist of the toxic heavy metals and the more common organic and
petrochemical contaminants, and the contaminants identified as
carcinogens at proposed Section 620.410(b).
For Class III
groundwaters the preventive notification trigger is the detection
of a contaminant for which there is a standard pursuant to
proposed Section 620.430.
It is important to note that these preventive notification
triggers are generally much lower than the water quality standard
for the same constituents.
This is in keeping with the
philosophy of becoming alert and reacting to potential problems
in high—value groundwaters before these problems can materialize.
Preventive Response Activities and Levels
—-
Section 620.310
Section 620.310 describes preventive response activities
that are required upon receipt of a preventive notification.
The
Section also specifies the preventive response levels16 used to
determine if a detected concentration requires a preventive
response.
In either case, this purpose of the Section to provide
a nexus between the body of today’s proposal and existing and
future regulatory programs that need triggers for corrective
action.
No new corrective action program is today proposed.
The preventive response levels are set with several
conditions in mind
(R3 at 43).
Among these are that all levels
are at or above the practical quantitation limit
(PQL);
carcinogens, which have potable resources standards set at PQLs
(see Section 620.410), are not listed because there is no basis
for establishing
a preventive response level below a PQL (PC #47
at
15).
Exceedence
~ of
background
is employed for metals and
the non—carcinogenic organic constituents.
Section 620.310(b) has been restructured for clarity.
SUBPART D: GROUNDWATER QUALITY STANDARDS
16
Prior to the submission of the Docket B proposal,
these
limits were called “corrective action
levels”
(e.g., Ri at 114-
129).
17
The Board notes that within Section
620.310 and several
subsequent
sections
of
the
First
Notice
proposal,
the
word
exceedence
was incorrectly spelled as exceed~nce.
Exceedence
is
derived from the verb
exceed,
which in turn is derived from the
Latin
excedere
via the Middle French
exceder
and the Middle English
exceden;
Latin
infinitives ending in “ere” generate English nouns
ending in “ence”.
124—25 7
—20—
Subpart
D constitutes the focus of today’s proposal.
Within
it are contained the actual groundwater standards as mandated by
the IGPA.
The form of Subpart D parallels Subpart B.
Introduction
--
Sections 620.401 and 620.405
Section 620.401 establishes the connection between the
groundwater classification system presented in Subpart B and the
groundwater standards of Subpart D.
The connection is that all
groundwater must meet the standards specified for the class to
which the groundwater belongs.
Section 620.405 provides a
narrative standard that prohibits violation of the numeric
standards of this Subpart.
Standards for Potable Resource Groundwater
——
Section
620.410
Section 620.410 contains the groundwater standards
applicable to the Potable Resource Groundwater found
in Class
I
(see discussion of Section 620.210).
In general, the standards
found in this Section are equal to the USEPA’s Maximum
Concentration Levels (“MCLs)” applicable “at—the—tap” pursuant to
the Safe Drinking Water Act (“SDWA”).
The NCL levels are
specified as water quality standards under the theory that
potable groundwaters should be available for drinking water
supply without treatment.
One of the historical difficulties with incorporation of
numeric standards within regulations, which is the need to
constantly revise the numbers as new information is developed.
This difficulty has a particular presence in the instant matter
because the USEPA is in the process of a major MCL promulgation
effort.
Even over the relatively short course of this proceeding
the Agency has had to repeatedly revise its standards
recommendations in keeping with USEPA’s action on MCL5 (e.g.,
PC
#47 p 17—9; R3 at 49—50;
Exh.
T;
PC #52 p.
25,
27) ; it is to be
expected that the current MCL list will continue to experience
relatively large changes within the coming years.
At the First Notice of Docket A the Board proposed to
address the matter of the rapid increase in standards/MCLs of
Section 620.410 in what it considered a novel and advantageous
method.
The Board noted:
Ordinarily
the
USEPA promulgation of new
standards/MCL5
would imply that Part 620 regulations
would have to be regularly reopened and updated to
accommodate new MCLs.
However, the Board today
proposes a stratagem that both forestalls the need to
constantly update the MCL list at Section 620.410
and
also assures that the MCLs of Section 620.410
remain
current.
The stratagem consists of identifying the
groundwater standards that apply to Potable Resource
Groundwaters as being identical with the MCL5 found at
124—25
8
—21—
35 Ill. Adm. Code 611.Subpart F.
35 Ill. Adm. Code
61l.Subpart F contains the “identical in substance”
MCLs promulgated pursuant to the SDWA and the Act.
As
such,
611.Subpart F is subject to updates every six
months, pursuant to the Board’s SDWA “identical in
substance” update program.
(Docket A, Opinion. p.
17)
The Board today recedes from employing this stratagem in the
interest of moving this proceeding forward.
However, Board does
caution the Agency that it expects regular18 updates of the
groundwater standards, parallel to those undertaken for the
Public
Water
Supply
Standards
at
611. Subpart
F, to be undertaken.
Standards
that
are
new
today
are
the
standards
for
boron
(2
mg/L),
cobalt
(1
mg/L),
zinc
(5
mg/L),
and
phenols
(0.1
mg/L);
these
modifications
were
proposed
and
discussed
by
the
Agency
at
the
May
30,
1991 hearing
(R3 at 50; Exh. T).
In addition, the
Agency in its post—hearing comment recommends further
modification for copper,
lead, and nickel.
At First Notice these
were 5,
0.050, and
2 mg/L, respectively; today they are 0.65,
0.0075, and 0.1 mg/L, respectively.
The Agency recommends these
new numbers based on the most recent USEPA actions
(PC #58 at
¶5
15,
17., and 18).
Section 620.410(e)
is also new today. It contains the
recommendation of the Agency for standards for beta particle and
photon radioactivity,
as
requested
at
the
May
30,
1991
hearing
(R3
at
71—3;
PC
#58
at
¶23).
General
Resource
Groundwater
Standards
——
Section 620.420
Section 620.420 establishes standards for Class II: General
Resource Groundwaters.
Because groundwaters are placed in Class
II because they are quality-limited, quantity—limited, or both
(see Subpart B discussion),
it is necessary that the standards
that apply to these waters reflect this range of possible
attributes.
Among
the
factors
considered
in
determining
the
Class II numbers are the capabilities of treatment technologies
to bring Class II waters to qualities suitable for potable use
(R3 at 75).
Thus, many Class II standards are based on MCL5 as
modified to reflect treatment capabilities.
For some parameters
the Class II standards are based on support of a use other than
potability
(e.g.,
livestock watering,
irrigation,
industrial use)
where
the
different
use
requires
a more stringent standard (R3 at
114—8).
Section 620.420 is today fairly extensively modified from
its First Notice form.
Most of these changes are changes
18
The
Board
notes
that
the
Defenders
urge
a regular (perhaps
every
three
years)
review
of
both
the
Class
I
and
Class
II
standards
(e.g.,
R3
at
257).
124~-259
—22—
intended
to
provide greater clarity of language,
as proposed and
discussed
by
the
Agency
at
the
May
30,
1991
hearing
(R3
at
47-
54; Exh. T).
In addition, there are four new numbers proposed
for the Class II standards.
These are the numbers for copper
(changed from 0.50 to 0.65 mg/L), selenium (changed from 0.020 to
0.05 mg/L), heptachior epoxide (changed from 0.010 to 0 •001
mg/L), and lindane (changed from
0 •0002 to 0.001 mg/L).
The
number
changes
are
made
on
the
recommendation
of
the
Agency
(PC
#58 at ¶s 15,
16,
17,
19) based upon recent USEPA SDWA actions.
Standards
Applicable
to
Special
Resource
Groundwaters
——
Section
620.430
Section
620.430
specifies
that
the
standards
applicable
to
Class
III:
Special Resource Groundwater are the same standards
applicable to Class
I groundwater, except as may be provided by
the Board in a proceeding pursuant to Section 620.260.
Accordingly, the default value of the standards are the Class
I
standards, with more stringent standards possible if a
justification
is
made
for
them.
The
wording
of
Section
620.430
has
today
been
modified
relative
to
First
Notice
based
upon
the
recommendation
of
the
Agency
(Exh.
T
at
p.
31).
Standards
Applicable
to
Other
Groundwater
—-
Section 620.440
The
existing
concentration
is
the
basic
standard
to
be
applicable to Class IV Groundwater.
It is also provided that
specific
exceptions
apply
to
groundwaters
within
a
zone
of
attenuation
of
a
landfill,
as
defined
pursuant
to
35
Ill.
Adm.
Code
811
and
814,
and
within a previously mined area as defined
at Section 620.110.
Within a zone of attenuation existing
concentrations are not to be exceeded except as caused by
leachate.
Within a previously mined area existing concentrations
are not to be exceeded except for pH,
total dissolved solids, and
those major ions
(chloride,
iron, manganese, and sulfate), which
are
typically
disturbed
as
a
result
of
coal
mining.
Alternate Groundwater Standards
—-
Section 620.450
Section 620.450 recognizes that special groundwater
standards are necessarily associated with certain activities,
as
contrasted
to
native
types
of
groundwater.
These
activities
today are identified to include sites undergoing corrective
action or equivalent corrective processes and sites for surface
and underground coal mining activities.
SUBPART
E:
GROUNDWATER
MONITORING
AND ANALYTICAL PROCEDURES
Subpart E sets out some minimal conditions associated with
groundwater monitoring and analytical procedures.
These
124—260
—23—
constitute
rules-of—general-applicability;
in
other
regulations
further
conditions
and
proscriptions
may
be
added
to
these.
It
is
to
be
particularly
noted
that
today’s
proposal
contains
~
new
required
monitoring
program.
An important part of Subpart E is found in the Compliance
Procedures of Section 620.505.
This Section specifies where
compliance determinations19 may be made.
As the Agency notes,
this Section “recognizes the practical limitations associated
with groundwater monitoring and cleanup under a building,
landfill, or tank (PC #47 p.
23).
Also specified in Section
620.505 are the conditions necessary for a water or monitoring
well to service as a compliance point.
Both of the Sections of Subpart E today are modified
relative to First Notice in accord with the recommendations of
the
Agency
(Exh.
T).
The
modifications
conform
the
language
of
this
Subpart
to
modifications
made
to
previous
Subparts.
SUBPART
F:
HEALTH
ADVISORIES
Subpart
F
establishes
procedures
for
developing
and
issuing
a Health Advisory.
A Health Advisory is a means for the Agency
to establish a guidance level for a chemical substance or a
mixture
of
chemical
substances
for
which
criteria
have
not
yet
been
set
under
Subpart
D.
This
advisory
process
is
intended
to
mirror
the
procedure
used
by
USEPA
to
account
for
substances
detected
in
groundwater
that
do
not
have
promulgated
criteria.
Also,
the
Agency
notes
that
this
Subpart
would
codify
existing
practice
by
the
Agency
(Statement
of
Reasons,
p.
28—36).
Because the Health Advisory provision and its attendant
Appendices have been presented to the Board without apparent
controversy, and because the Board today does not itself propose
substantive amendment to the Agency’s version, the Board will not
here discuss these matters further.
The interested person is
directed
to
the
Agency’s
Statement
of
Reasons,
p.
28-36,
for
discussion
and
explanation.
Incorporation
by
reference
citations
have
been
corrected
throughout
Subpart
F
and
the
appendices.
ECONOMIC
IMPACT
EcIS Document
19
At
First
Notice
this
Section
was
titled
“Compliance
Procedures”.
Today
it
is titled
“Compliance
Determination”
in
keeping with its content.
124—26
1
—24—
On January 31,
1990,
DENR
filed its
“Economic
Impact
Study
for
Proposed
Groundwater Quality Standards,
35 IL. Admin.
Code
620”
(DENR
Exh.
5)
(“EcIS”).
The
EcIS
was
prepared
by
Camp
Dresser
&
McKee,
Inc.
The
study evaluated groundwater
remediation costs using historical data on groundwater
contamination in the State and also examined benefits consisting
of reduced health risks through decreased exposure to
contaminants in groundwater.
Pursuant to Section
8
of
the
IGPA
and
in
an
effort
to
expedite
the
promulgation
of
the
regulations,
the
EcIS
was
conducted
concurrently
with
the
development
of
the
regulations.
Therefore, the EcIS document focused on various
options under consideration during the development of the
original Agency proposal, over a year prior to the proposal
presented today.
Cost
Analysis
The
EcIS
investigators
determined
that
the
most
significant
costs
of
the
proposed
regulations
can
be
expected
to
be
groundwater remediation costs;
i.e., those cost associated with
returning contaminated groundwater to compliance with the
standards.
To
estimate
remediation
costs,
the
EcIS
investigators
used
historical data on groundwater contamination in the State.
The
analysis focused on costs for prototypical remediation of six
parameters representing organic, inorganic,
and pesticide
contaminants.
Cleanup cost estimates ranged from 8.83—8.85
million for the organic contaminants, $12.84—$13.64 million for
the pesticides,
and $9.10 million for the inorganic contaminants,
per incident over a 20 year period.
To derive statewide cleanup
costs, the estimated per facility costs were multiplied by an
estimated
number
of sites of contamination
(24 volatile organic
compound incidents and four pesticide incidents).
The estimated
costs for these remedial actions would range from $263-$267
million.
By
using
data
on
existing
incidence
of
groundwater
contamination,
the
EcIS
investigators
further
assume
that
costs
could be higher for three reasons.
These are that although
Agency
did
not
report
an
incidence
for inorganic contamination of
public water supply facilities,
it is highly probable that the
incidence would be greater than zero.
Also,
since the proposed
regulations could include a greater number of VOC’s than the Safe
Drinking Water Act MCLS, a greater incidence of contamination can
be expected.
Lastly, the EcIS investigators believe that the
actual number of cleanups required would more likely be closer to
the number of facilities that exceed the detection limit than the
nthnber
that
exceed
an
MCL.
The
statement
is
based
on
their
belief
that
once
a
contaminant
is
detected,
groundwater
124—262
—25—
contamination
is
already
likely
to
exceed
enforcement
or
potable
use
standards20.
Given
these
considerations,
and
based
upon
estimates
derived
from
existing
contamination
incidence,
the
EcIS
investigators
report
estimated
costs
of
$1,141
million
for
VOC
remediation,
$238 million for pesticide remediation, and $610 million for
inorganic remediation, leading to a total estimated state—wide
cleanup
cost
of
$1.99
billion.
This
was
calculated
only
for
sites within 3000 feet of community water supply wells,
since the
proposed Class I standards at the time of EcIS development were
proposed to be applied only within the 3000-foot distance.
In its most recent comments, DENR estimates that under the
current proposal the cost could be higher since proposed Class
I
has been extended to include more of the State.
The EcIS
investigators estimated costs 50
higher should Class
I
(as
defined
sometime
before
the
completion
of
the
EcIS
in
January
1990)
include the entire State rather than the 3000-foot zone.
Therefore DENR states that costs for the entire state would be
$3.1
billion.
DENR
recognizes that the addition of provisions
for groundwater management zones and adjusted standards options
could offset the increase (PC #55).
Benefits
Analysis
The
EcIS
investigators
report
that
the
primary
benefit
of
the proposed regulations is “reduced health risks through
decreased exposure to contaminants in groundwater”.
They explain
the benefits thusly:
These benefits can be expressed as decreased health
care
expenses,
lower
health
insurance
premiums,
reduction
in
pain
and
suffering,
and
a
better
quality
of life for Illinois citizens.
Reductions in excess
cancer risks
.
.
.
and
although
not examined
quantitatively,
a
corresponding
decrease
in
non—
carcinogenic
health
risks
can
also
be
anticipated
as
a
result
of
the
proposed
regulations.
A second major benefit of the proposed regulations is
preservation of groundwater as a resource for future
generations.
By preventing contamination where
possible through preventive management practices and by
20
For
the
same
reasons,
the
EcIS
investigators
believe
that
the economic impact of trigger
limits which would be
somewhere
between detection levels and potable use standards would not result
in cost savings due to early detection of contamination.
That is,
they believe that once there is detection, there would most likely
already be contamination above potable use standards somewhere on
the site, which would require remediation.
124—26 3
—26—
addressing existing contamination through groundwater
remediation, the value of the resource is preserved and
the
availability
of groundwater for future use
is
greatly
enhanced.
Other non-quantifiable benefits include avoided
decreases in property values proximal to sites of
groundwater contamination, avoided restrictions in
siting
for
private
and
community
potable
wells,
and
avoided negative impact on wildlife and ecology of
areas served by groundwater base flow.
Additionally,
the
aesthetic
value
of
the
state’s
groundwater
reserves
will be enhanced by the proposed regulations.
Finally,
•
.
.
a major portion of the costs of cleanups can
actually be considered benefits for engineering firms,
construction
firms,
water
utilities,
and
other
parties
involved in groundwater remediation.
(EcIS
at
6-8
to
6-10)
In
Appendix
D
to
the
EcIS
the
EcIS
investigators
listed
information on the toxicological effects of substances to be
regulated by the proposed regulations.
Section 5.2.4 of the EcIS
discusses calculations of carcinogenic risk factors based on
USEPA
risk
levels
defined
in
terms
of
excess
cancer
risks.
Discussion
and
Comments
One of the major points brought out in comments surrounding
and at the March 29,
1990 EcIS hearing is that the EcIS authors
did
not
base analysis upon what was then the Agency’s proposal
(R.
697-702; PC #16, R89-l4 Board First Notice
Opinion
and
Order,
September 27,
1990).
This was mainly because the EcIS was
statutorially required to be conducted concurrently with the
development of the proposal.
This was done in an effort to
inject economic analysis into the process at an early stage.
However,
it
did
not
anticipate
that
the
proposal
would undergo a
series of major revisions subsequent to completion of the EcIS.
Thus,
even
had
the
EcIS
been
conducted
on
the
Agency’s
proposal
as it stood in March
1990,
the
EcIS
could
not
have
addressed
the
changes in subsequent proposals,
including the instant Board
proposal.
Therefore,
any examination of economic impact which
includes
the
EcIS
must
consider
the
context
in
which
the
study
was
developed
and
the
lack
of
availability
to
the
EcIS
investigators of subsequent revisions.
With that preface, the Board recognizes that should these
groundwater quality standards be adopted, and remediation to the
level of those standards is subsequently required through other
programs,
costs
of
remediation
of
groundwater
could
be
substantial.
It is important to remember, however, that these
are groundwater quality standards, not cleanup standards or
requirements.
As
the
EcIS authors realized, site specific
1
24~264
—27—
considerations
can
and
most
likely
will determine whether
remediation
is
required
and
at
what
actual
cost
to
be
borne
by
any particular entity,
industry, or government21.
As stated
concerning the concurrent R89-5 proceeding, there is difficulty
in applying economic analysis to a rule of general applicability.
This
is
especially
true
where
there
are
as
many
varied
conditions
and
unknown
circumstances
as
are
likely
to
be
encountered
here.
It
also
must
be
borne
in
mind
that
exception
procedures
associated with adjusted standards and features Such as the
proposed groundwater management zones must temper any attempt to
broadly cast cost estimates.
Another
factor
in
consideration
of
cost
estimates
is
that
today’s
proposal
does
fl~ create
or
require
any
new
corrective
action
program;
all
such
programs
are
part
of
other
regulations
already
in
place
or
proposed
(e.g.,
RCRA,
CERCLA,
LUST,
waterwell
setback
regulations,
etc.).
The
EcIS
investigators
recognize
that
the
costs
of
remediations
“could
be
considered
incremental
costs
over
and
above
the
costs
associated
with
the
currently
applicable
regulations
for
water
quality
standards
and
cleanup
criteria”, but further state that they did not consider the costs
of these other programs because of “the limited number of
remediations brought under the current regulatory scheme”
(EcIS
at
ii).
The
fact
that
the
EcIS
investigators
attributed
to
these
proposed groundwater quality standards all the costs of any
potential future remedial action is a serious flaw.
Cleanup of
contaminants to the levels stated in these proposed rules as
required
by
an
appropriate
agency
during
remediation
does
not
mean
that
all
the
costs
of
cleanup
should
be
attributed
to
adoption of these proposed rules.
The remediation programs
already require cleanup of most of the parameters listed in
today’s proposal22, in some cases to levels more stringent than
today
proposed.
The
fact
that
there
have
been
“few”
such
cleanups
presently
in
Illinois,
and
that
there
may
be
“more”
in
the
future,
would
not
make
all
such
costs attributable to today’s
proposal
A comprehensive list of benefits was included in
the
EcIS,
though the EcIS investigators did not attempt to quantify them,
21
Much discussion
at
hearing
and
in
subsequent
comments
concerned different
treatment
techniques
and
their
costs
(See
generally,
Ri at 889—97,
760—1; PC #5).
22
Some parameters today proposed for regulation,
including
iron,
total
dissolved
solids,
and
boron,
are
not
regulated
under
RCRA
and CERCLA.
However,
the
EcIS
investigators
observe
that
it
would
be
unlikely
that
these parameters could be exceeded without
a
simultaneous exceedence
of
one
or more
parameters
which
are
regulated under RCRA and CERCLA
(Ri at 759).
124—265
—28—
save
for
the
carcinogenic
health
risks.
Other benefits brought
out
at
hearing
include reduced expenses to obtain alternate water
supplies necessary to replace contaminated current supplies, and
reduced expenses for treatment of water at well heads to render
it potable or suitable for industrial use
(Rl at 820, 830-2).
In light of the large cost
figures
set
out
in
the
EcIS,
there is a temptation to believe that the costs of these proposed
rules would outweigh the benefits.
Therefore,
it is important to
note that although these benefits currently cannot be quantified
does not make these benefits any less real or substantial; it is
only that they presently cannot
be
known
in terms of reliable,
specific dollar figures.
Based on the above,
the Board at this time finds these
proposed rules to be economically reasonable.
MISCELLANEOUS MATTERS
Karst
Groundwater
At
the
First
Notice
of
Docket
A
the
Board
observed:
The
Board
notes
that
the
very
special
character
of
groundwater
in
karst
regions
is
generally
not
recognized
in
the
instant
proposed regulations.
The
Board therefore believes that at some future date it
would be advisable to incorporate special provisions
pertinent to karst groundwater into the Board’s
groundwater regulations.
(Docket A, Opinion, Footnote
9)
The
Board
today
renews
this
observation.
ORDER
The
Board
hereby
directs
that
Second
Notice
of
the
following
proposed
amendments
be
submitted
to
the
Joint
Committee
on
Administrative
Rules.
124—266
—29—
TITLE
35:
ENVIRONMENTAL
PROTECTION
SUBTITLE C:
WATER
POLLUTION
CHAPTER
I:
POLLUTION
CONTROL
BOARD
PART
303
WATER
USE
DESIGNATIONS
AND
SITE
SPECIFIC
WATER QUALITY STANDARDS
SUBPART A:
GENERAL PROVISIONS
Section
303.200
303.201
303.202
303.303
303.204
Scope
and
Applicability
General
Use
Waters
Public
and
Food
Processing
Water
Supplies
Underground
Waters
Secondary
Contact
and
Indigenous
Aquatic
Life
Waters
SUBPART
C:
SPECIFIC
USE
DESIGNATIONS
AND
SITE
SPECIFIC
WATER QUALITY STANDARDS
Section
303.300
303.301
303.311
303.312
303.321
303.322
303
•
323
303.331
303.341
303.351
303.352
303.353
303.361
303.430
303.441
303.442
303.443
Section
303.500
303.502
Scope and Applicability
Organization
Ohio River Temperature
Waters Receiving Fluorspar Mine Drainage
Wabash River Temperature
Unnamed Tributary of the Vermilion River
Sugar Creek and Its Unnamed Tributary
Mississippi River North Temperataure
Mississippi
River
North
Central
Temperature
Mississippi River South Central Temperature
Unnamed Tributary of Wood River Creek
Shoenberger Creek; Unnamed Tributary of Cahokia Canal
Mississippi River South Temperature
Unnamed Tributary to Dutch Creek
Secondary Contact Waters
Waters Not Designated for Public Water Supply
Lake Michigan
SUBPART D:
THERMAL DISCHARGES
Scope and Applicability
Lake Sangchris Thermal Discharges
Section
303.100
303.101
303.102
Scope and Applicability
Multiple
Designations
Rulemaking
Required
SUBPART
B:
NONSPECIFIC WATER USED DESIGNATIONS
124—267
—30—
Appendix A
References to Previous Rules
Appendix B
Sources of Codified Sections
AUTHORITY:
Implementing Section 13 and authorized by Section
27
of
the
Environmental
Protection
Act
(Ill.
Rev.
Stat.
1987,
ch.
111
1/2, pars.
1013 and 1027).
SOURCE:
Filed with the Secretary of State January
1,
1978;
amended at
2
Ill. Reg.
27,
p.
221, effective July 5, 1978;
amended at
3
Ill. Reg.
20,
p.
95, effective May 17,
1979; amended
at 5 Ill. Reg. 11592, effective October 19,
1981; codified at 6
Ill.
Reg.
7818;
amended
at
6
Ill.
Reg.
11161,
effective
September
7,
1982; amended at 7 Ill. Reg.
8111, effective June 23,
1983;
amended in R87-27 at 12
Ill.
Reg. 9917, effective May 27,
1988;
amended in R87-2 at 13
Ill. Reg.
15649, effective September 22,
1989; amended in R87-36 at 14 Ill. Reg.
9460, effective May 31,
1990; amended in R89-14
______
Ill.
Reg.
,
effective
TITLE
35:
ENVIRONMENTAL
PROTECTION
SUBTITLE C:
WATER POLLUTION
CHAPTER I:
POLLUTION
CONTROL
BOARD
PART
303
WATER
USE
DESIGNATIONS
AND
SITE
SPECIFIC
WATER
QUALITY
STANDARDS
Section
303.203
Underground
Waters
The underground waters of Illinoi3 which are a pre~cntor
a
potential
source
of
water
for
public
or
food
proce~3ing
supply
shall
meet
the
general
U3C
and
public
and
food
processing
water
supply
standards
of
Cubparth
B
and
C,
Part
302,
except
due
to
natural
causes.
The
underground
waters
of
Illinois
which
are
groundwater shall meet the standards set forth in 35 Ill. Adm.
Code 620.
124—268
—31—
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 Standardsfor Class
I: Potable
Resource Groundwater
620.420
Groundwater Quality Standards for Class II:
General Resource Groundwater
124—269
—32—
620.430
Groundwater
Quality
Standards
for
Class
III:
Special Resource Groundwater
620.440
Groundwater Quality Standards for Class IV: Other
Groundwater
620.450
Alternative Groundwater Quality Standards
SUBPART E: GROUNDWATER MONITORING AND ANALYTICAL PROCEDURES
Section
620.505
Compliance
Determination
620.510
Monitoring
and
Analytical
Requirements
SUBPART
F:
HEALTH
ADVISORIES
Section
620.601
Purpose
of
a
Health
Advisory
620.605
Issuance of a Health Advisory
620.610
Publishing
Health
Advisories
620.615
Additional
Health
Advice
for
Mixtures
of
Similar-Acting
Substances
Appendix
A
Procedures
for
Determining
Human
Threshold
Toxicant Advisory Concentration for Class
I:
Potable Resource Groundwater
Appendix
B
Procedures
for
Determining
Hazard
Indices
for
Class
I: Potable Resource Groundwater for Mixtures
of Similar-Acting Substances
Appendix
C
Guidelines
for Determining When Dose Addition of
Similar-Acting Substances in Class
I:
Potable
Resource Groundwaters is Appropriate
AUTHORITY:
Implementing and authorized by Section
8 of the
Illinois
Groundwater
Protection
Act
(Ill.
Rev.
Stat.
1989,
ch.
111
1/2,
par.
7458).
SOURCE:
Adopted
at
___
Ill.
Reg.,
__________,
effective
NOTE:
Capitalization
denotes
statutory
language.
12.4—270
—33—
SUBPART
A:
GENERAL
Section
620.105
Purpose
This Part prescribes various aspects of groundwater quality,
including method of classification of groundwaters,
nondegradation provisions, standards for quality of groundwaters,
and
various
procedures
and
protocols
for
the
management
and
protection
of
groundwaters.
Section 620.110
Definitions
The definitions of the Environmental Protection Act
(Ill. Rev.
Stat.
1989,
ch.
111 1/2, par. 1001 et
seq.)
and
the
Groundwater
Protection
Act
(Ill.
Rev.
Stat.
1989,
ch.
111
1/2,
pars.
7451
et
seq.)
apply
to
this
Part
unless
otherwise
provided.
The
following
definitions
also
apply
to
this
Part.
“Act”
means
the
Environmental
Protection
Act
(Ill.
Rev.
Stat.
1989,
ch.
111
1/2,
pars.
1001
et
seq.).
“Agency”
means
the
Illinois
Environmental
Protection
Agency.
“AQUIFER”
MEANS
SATURATED
(WITH
GROUNDWATER)
SOILS AND
GEOLOGIC MATERIALS WHICH ARE SUFFICIENTLY PERMEABLE TO
READILY
YIELD
ECONOMICALLY
USEFUL
QUANTITIES
OF
WATER
TO
WELLS,
SPRINGS,
OR
STREAMS
UNDER
ORDINARY
HYDRAULIC
GRADIENTS.
(Section
3(b)
of
the
IGPA)
“BETX”
means
the
sum
of
the
concentrations
of
benzene,
ethylbenzene,
toluene,
and
xylenes.
“Board”
means
the
Illinois
Pollution
Control
Board.
“Carcinogen” means a chemical, or complex mixture of
closely related chemicals, which has been listed or
classified
in
the
Integrated Risk Information System or
as specified in a final rule adopted by USEPA in
accordance with USEPA Guidelines for Carcinogenic Risk
Assessment,
incorporated by reference at Section
620.125, to be a group A,
B1, or
B2 carcinogen.
“COMMUNITY
WATER
SUPPLY”
MEANS
A
PUBLIC
SUPPLY
WHICH
SERVES
OR
IS
INTENDED
TO
SERVE
AT
LEAST
15
SERVICE
CONNECTIONS
USED
BY
RESIDENTS
OR
REGULARLY
SERVES
AT
LEAST
25
RESIDENTS.
(Section
3.05
of
the
Act)
“CONTAMINANT”
MEANS
ANY
SOLID,
LIQUID,
OR
GASEOUS
MATTER,
ANY
ODOR,
OR
ANY FORM
OF
ENERGY,
FROM
WHATEVER
SOURCE.
(Section
3.06 of the Act)
124~271
—34—
“Corrective
action
process”
means
those
procedures
and
practices
that
may
be
imposed
by
a
regulatory
agency
when
a
determination
has
been
made
that
contamination
of groundwater has taken place, and are necessary to
address
a
potential
or
existing
violation
of
the
standards
set
forth
in
Subpart
D.
“Cumulative
impact
area”
means
the
area,
including
the
coal
mine
area
permitted
under
the
Surface
Coal
Mining
Land Conservation Act
(Ill. Rev. Stat.
1989,
ch. 96
1/2,
pars. 7901.01 et seq., as amended) and 62 Ill.
Adm.
Code 1700 through 1850, within which impacts
resulting
from
the
proposed operation may interact with
the impacts of all anticipated mining on surface water
and groundwater systems.
“Detection”
means
the
identification
of
a
contaminant
in
a
sample
at
a
value
equal
to
or
greater
than
the:
“Method Detection Limit” or “MDL”, which means the
minimum
concentration
of
a
substance
that
can
be
measured as reported with 99 percent confidence
that the true value is greater than zero pursuant
to
54
Fed.
Reg.
22100,
incorporated by reference
at Section 620.125; or
“Method Quantitation Limit” or “MQL”,
which means
the minimum concentration of a substance that can
be measured and reported pursuant to “Test Methods
for
Evaluating
Solid
Wastes, Physical/ Chemical
Methods”,
incorporated by reference at Section
620. 125.
“Department” means the Illinois Department of Energy
and Natural Resources.
“GROUNDWATER” MEANS UNDERGROUND WATER WHICH OCCURS
WITHIN
THE
SATURATED
ZONE
AND
GEOLOGIC
MATERIALS
WHERE
THE
FLUID
PRESSURE
IN
THE
PORE
SPACE
IS
EQUAL
TO
OR
GREATER
THAN
ATMOSPHERIC PRESSURE.
(Section 3.64 of
the
Act)
“Hydrologic balance” means the relationship between the
quality and quantity of water inflow to, water outflow
from,
and
water
storage
in
a
hydrologic
unit
such
as
a
drainage basin,
aquifer, soil zone,
lake, or reservoir.
It encompasses the dynamic relationships among
precipitation, runoff, evaporation, and changes in
ground and surface water storage.
“IGPA” Means the Illinois Groundwater Protection Act.
(Ill.
Rev. Stat.
1989, ch..lii 1/2,
pars. 7451 et seq.)
124—272
—35—
“LOAEL”
or “Lowest observable adverse effect level”
means
the
lowest
tested
concentration
of
a
chemical
or
substance which produces a statistically significant
increase in frequency or severity of non—overt adverse
effects between the exposed population and its
appropriate control.
LOAEL
may be determined for a
human population (LOAEL-H) or an animal population
(LOAEL-A).
“NOAEL”
or “No observable adverse effect level” means
the highest tested concentration of a chemical or
substance which does not produce a statistically
significant increase in frequency or severity of non-
overt adverse effects between the exposed population
and its appropriate control.
NOAEL may be determined
for a human population
(NOAEL-H) or an animal
population
(NOAEL-A)
“NON-COMMUNITY WATER
SUPPLY”
MEANS
A
PUBLIC
WATER
SUPPLY
THAT
IS
NOT
A
COMMUNITY
WATER
SUPPLY.
(Section
3.05)
“Off-site”
means
not
on-site.
“On—site”
means
on
the
same
or
geographically
contiguous
property
which
may
be
divided
by
public
or
private right—of—way, provided the entrance and exit
between properties is at a crossroads intersection and
access
is
by crossing as opposed to going along the
right—of—way.
Noncontiguous properties owned by
the
same
person
but
connected
by
a right—of—way which he
controls
and
to
which
the
public
does
not
have
access
is
also
considered
on—site
property.
“Operator”
means
the
person
responsible
for
the
operation
of
a
site,
facility
or
unit.
“Owner”
means
the
person
who
owns
a
site,
facility
or
unit
or
part
of
a
site,
facility
or
unit,
or
who
owns
the
land
on
which
the
site,
facility
or
unit
is
located.
“POTABLE”
MEANS
GENERALLY
FIT
FOR
HUMAN
CONSUMPTION
IN
ACCORDANCE
WITH
ACCEPTED
WATER
SUPPLY
PRINCIPLES
AND
PRACTICES.
(Section
3.65
of
the
Act)
“POTENTIAL
PRIMARY
SOURCE”
MEANS
ANY
UNIT
AT
A
FACILITY
OR
SITE
NOT
CURRENTLY
SUBJECT
TO
A
REMOVAL
OR
REMEDIAL
ACTION
WHICH:
IS
UTILIZED
FOR
THE
TREATMENT,
STORAGE,
OR
DISPOSAL
OF
ANY
HAZARDOUS
OR
SPECIAL
WASTE
NOT
GENERATED
AT
THE
SITE;
OR
124—2 73
—36—
IS
UTILIZED
FOR
THE
DISPOSAL
OF
MUNICIPAL
WASTE
NOT
GENERATED
AT
THE
SITE,
OTHER
THAN LANDSCAPE
WASTE
AND
CONSTRUCTION
AND
DEMOLITION DEBRIS; OR
IS
UTILIZED
FOR
THE
LANDFILLING,
LAND
TREATING,
SURFACE
IMPOUNDING
OR
PILING
OF
ANY
HAZARDOUS
OR
SPECIAL
WASTE
THAT
IS
GENERATED. ON
THE
SITE
OR
AT
OTHER
SITES
OWNED,
CONTROLLED
OR OPERATED BY
THE
SAME
PERSON;
OR
STORES
OR
ACCUMULATES
AT
ANY
TIME
MORE
THAN
75,000
POUNDS
ABOVE
GROUND,
OR
MORE
THAN
7,500
POUNDS
BELOW
GROUND,
OF
ANY
HAZARDOUS
SUBSTANCES.
(Section
3.59
of
the
Act)
“POTENTIAL
ROUTE”
MEANS
ABANDONED
AND
IMPROPERLY
PLUGGED
WELLS
OF
ALL
KINDS,
DRAINAGE
WELLS,
ALL
INJECTION
WELLS,
INCLUDING
CLOSED
LOOP
HEAT
PUMP
WELLS,
AND
ANY
EXCAVATION
FOR
THE
DISCOVERY,
DEVELOPMENT
OR
PRODUCTION
OF
STONE,
SAND
OR
GRAVEL.
(Section
3.58
of
the
Act)
“POTENTIAL
SECONDARY
SOURCE”
MEANS
ANY
UNIT
AT
A
FACILITY
OR
A
SITE
NOT
CURRENTLY
SUBJECT
TO
A
REMOVAL
OR
REMEDIAL
ACTION,
OTHER
THAN
A
POTENTIAL
PRIMARY
SOURCE,
WHICH:
IS
UTILIZED
FOR
THE
LANDFILLING,
LAND
TREATING,
OR
SURFACE
IMPOUNDING
OF
WASTE
THAT
IS
GENERATED
ON
THE
SITE
OR
AT
OTHER SITES OWNED, CONTROLLED OR
OPERATED
BY
THE
SANE
PERSON,
OTHER
THAN
LIVESTOCK
AND
LANDSCAPE
WASTE,
AND
CONSTRUCTION
AND
DEMOLITION
DEBRIS;
OR
STORES
OR
ACCUMULATES
AT
ANY
TIME
MORE
THAN
25,000
BUT
NOT
MORE
THAN
75,000 POUNDS ABOVE GROUND, OR
MORE
THAN
2,500
BUT
NOT
MORE
THAN
7,500
POUNDS
BELOW
GROUND,
OF
ANY
HAZARDOUS
SUBSTANCES;
OR
STORES
OR
ACCUMULATES
AT
ANY
TIME MORE
THAN
25,000
GALLONS
ABOVE
GROUND,
OR
MORE
THAN
500
GALLONS
BELOW
GROUND,
OF
PETROLEUM,
INCLUDING
CRUDE
OIL
OR
ANY
FRACTION
THEREOF
WHICH
IS NOT OTHERWISE
SPECIFICALLY LISTED OR DESIGNATED AS A HAZARDOUS
SUBSTANCE; OR
STORES OR ACCUMULATES
PESTICIDES,
FERTILIZERS,
OR
ROAD
OILS
FOR
PURPOSES
OF
COMMERCIAL
APPLICATION
OR
FOR
DISTRIBUTION
TO
RETAIL
SALES
OUTLETS;
OR
STORES
OR
ACCUMULATES
AT
ANY
TIME
MORE
THAN
50,000
POUNDS
OF
ANY
DE-ICING
AGENT;
OR
124—2 74
—37—
IS
UTILIZED
FOR
HANDLING
LIVESTOCK
WASTE
OR
FOR
TREATING
DOMESTIC
WASTEWATERS
OTHER
THAN
PRIVATE
SEWAGE DISPOSAL SYSTEMS AS DEFINED
IN
THE
PRIVATE
SEWAGE DISPOSAL LICENSING ACT, Ill.
Rev.
Stat.
1989,
ch. 111 1/2, par. 116.301 et seq.
(Section
3.60
of
the
Act)
“Practical
Quantitation
Limit”
or
“PQL”
means
the
lowest
concentration
or
level
that
can
be
reliably
measured
within
specified
limits
of
precision
and
accuracy
during
routine
laboratory
operating conditions
in
accordance
with
“Test
Methods
for
Evaluating
Solid
Wastes,
Physical/Chemical
Methods”,
EPA
Publication
No.
SW-846,
incorporated
by
reference at Section 620.125.
“Previously
mined
area”
means
land
disturbed
or
affected
by
coal
mining
operations
prior
to
February
1,
1983.
(Board
Note:
February
1,
1983,
is
the
effective
date
of
the
Illinois
permanent program regulations implementing
the
Surface
Coal
Mining
Land
Conservation
and
Reclamation
Act
(Ill.
Rev.
Stat.
1989,
ch.
96
1/2,
pars.
7901.1
et
seq.,
as
amended)
as
codified
in
62
Ill.
Adm.
Code
1700
through
1850.)
“Property class” means the class assigned by a tax
assessor to real property for purposes of real estate
taxes.
(Board Note:
The property class
rural
property,
residential vacant land, residential with dwelling,
commercial residence,
commercial business, commercial
office, or industrial)
is identified on the property
record card maintained by the tax assessor in
accordance with the Illinois Real Property Appraisal
Manual
February
1987,
published
by
the
Illinois
Department of Revenue, Property Tax Administration
Bureau.)
“PUBLIC
WATER
SUPPLY”
MEANS
ALL
MAINS,
PIPES
AND
STRUCTURES THROUGH WHICH
WATER
IS
OBTAINED
AND
DISTRIBUTED TO THE PUBLIC, INCLUDING
WELLS AND WELL
STRUCTURES, INTAKES AND CRIBS, PUMPING STATIONS,
TREATMENT
PLANTS,
RESERVOIRS,
STORAGE
TANKS
AND
APPURTENANCES,
COLLECTIVELY
OR
SEVERALLY,
ACTUALLY
USED
OR
INTENDED FOR USE FOR THE PURPOSE OF
FURNISHING WATER
FOR DRINKING OR GENERAL
DOMESTIC
USE
AND
WHICH
SERVE
AT
LEAST
15
SERVICE
CONNECTIONS
OR
WHICH
REGULARLY
SERVE
AT
LEAST
25
PERSONS
AT
LEAST
60
DAYS
PER
YEAR.
A
PUBLIC
WATER
SUPPLY
IS
EITHER
A
“COMMUNITY
WATER
SUPPLY”
OR
A
“NON-COMMUNITY
WATER
SUPPLY”.
(Section
3.28
of
the
Act)
124—275
—38—
“Regulated entity” means a facility or unit regulated
for groundwater protection by any State or federal
agency.
“Regulatory agency” means the Illinois Environmental
Protection Agency, Department of Public
Health,
Department of Agriculture, Department of Mines and
Minerals, and the Office of State Fire Marshall.
“REGULATED RECHARGE AREA” MEANS A COMPACT GEOGRAPHIC
AREA,
AS DETERMINED BY THE BOARD pursuant to Section
17.4
of
the
Act,
THE GEOLOGY OF WHICH RENDERS A POTABLE
RESOURCE
GROUNDWATER
PARTICULARLY
SUSCEPTIBLE
TO
CONTAMINATION.
(Section 3.67 of the Act)
“RESOURCE
GROUNDWATER”
MEANS
GROUNDWATER
THAT
IS
PRESENTLY
BEING
OR
IN
THE
FUTURE
CAPABLE
OF
BEING
PUT
TO
BENEFICIAL
USE
BY
REASON
OF
BEING
OF
SUITABLE
QUALITY.
(Section
3.66
of
the
Act)
“SETBACK
ZONE”
MEANS
A
GEOGRAPHIC
AREA,
DESIGNATED
PURSUANT TO THIS ACT, CONTAINING A POTABLE WATER SUPPLY
WELL
OR
A
POTENTIAL
SOURCE
OR
POTENTIAL
ROUTE
HAVING
A
CONTINUOUS
BOUNDARY,
AND
WITHIN
WHICH
CERTAIN
PROHIBITIONS
OR
REGULATIONS
ARE
APPLICABLE
IN
ORDER
TO
PROTECT
GROUNDWATERS.
(Section
3.61
of
the
Act)
“Site”
MEANS
ANY
LOCATION,
PLACE,
TRACT
OF
LAND,
AND
FACILITIES,
INCLUDING
BUT
NOT
LIMITED
TO
BUILDINGS,
AND
IMPROVEMENTS
USED
FOR
PURPOSES
SUBJECT
TO
REGULATION
OR
CONTROL BY the ACT OR REGULATIONS THEREUNDER.
(Section
3.43 of the Act)
“Spring”
means
a
natural surface discharge of an
aquifer
from
rock
or
soil.
“Threshold
dose”
means
the
lowest
dose
of
a
chemical
at
which
a
specified
measurable
effect
is
observed and
below
which
it
is
not
observed.
“Treatment”
means
the
technology, treatment techniques,
or
other
procedures for compliance with
35
Iii.
Adm.
Code:
Subtitle
F.
“UNIT”
MEANS
ANY
DEVICE,
MECHANISM,
EQUIPMENT,
OR
AREA
(EXCLUSIVE
OF
LAND
UTILIZED
ONLY
FOR
AGRICULTURAL
PRODUCTION).
(Section
3.62)
of
the
Act)
“USEPA”
or
“U.S.
EPA”
means
the
United
States
Environmental
Protection
Agency.
Section
620.115
Prohibition
‘124—276
—39—
No person shall cause, threaten or allow a violation of the Act,
the IGPA or regulations adopted by the Board thereunder,
including but not limited to this Part.
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
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).
USEPA Guidelines for Carcinogenic Risk
Assessment,
51 Fed. Reg. 33992-34003
(September 24,
1986).
NCRP.
National
Council
on
Radiation
Protection,
7910
Woodmont
Ave.,
Bethesda,
MD
(301)
657-6252
“Maximum
Permissible
Body
Burdens
and
Maximum
Permissible
Concentrations
of
Radionuclides
in
Air
and
in
Water
for
Occupational
Exposure”,
NCRP
Report
Number
22, June 5,
1959.
NTIS.
National
Technical
Information
Service,
5285 Port Royal Road, Springfield, VA 22161. (703)
487—4600.
“Methods for Chemical Analysis of Water and
Wastes,” EPA Publication No. EPA—600/4-79-
020,
(March 1983), Doc.
No. PB 84—128677
124—277
—40—
“Methods
for
the
Determination
of
Organic
Compounds
in
Drinking
Water”,
EPA,
EMSL,
EPA-
600/4—88/039
(Dec. 1988), Doc. No. PB 89—
220461
“Practical Guide for Ground—Water Sampling”,
EPA
Publication
No.
EPA/600/2-85/104
(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
(December
1987),
Doc.
No.
PB
89—148076
USGS.
United
States
Geological
Survey,
1961
Stout
St.,
Denver,
CO
80294
(303)
844—4169
“Techniques
of
Water
Resources
Investigations
of
the
United
States
Geological
Survey,
Guidelines
for
Collection
and
Field
Analysis
of
Ground-Water
Samples
for
Selected
Unstable
Constituents”,
Book
I, Chapter D2
(1981).
b)
This Section incorporates no later editions or
amendments.
Section 620.130
Exemption from General Use Standards and
Public
and Food Processing Water Supply
Standards
Groundwater
is
not
required
to
meet
the
general
use
standards
and
public
and
food
processing
water
supply
standards
of
35
Ill.
Adm.
Code 302.Subparts B and C.
Section 620.135
Exclusion for Waters in Certain Man—Made
Conduits
This Part does not apply to underground waters contained in
man—made
subsurface
drains,
tunnels,
reservoirs,
storm
sewers,
tiles
or
sewers.
124—278
—41—
SUBPART
B:
GROUNDWATER
CLASSIFICATION
Section
620.201
Groundwater
Designations
All
groundwaters
of
the
State
are
designated
as:
a)
One of the following four classes of groundwater in
accordance with Sections 620.210 through 620.240:
1)
Class I:
Potable Resource Groundwater
2)
Class II: General Resource Groundwater;
3)
Class III: Special Resource Groundwater;
4)
Class IV:
Other Groundwater; or
b)
A groundwater management zone in accordance with
Section 620.250.
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
of
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 1Ô4 cm/sec or
greater using one of the following test
methods
or
its
equivalent~:
124—27 9
—42—
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
620.2l0(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.)
Section
620.220
Class
II:
General Resource Groundwater
Except
as
provided
in
Section
620.250,
General
Resource
Groundwater
is:
a)
Groundwater
which
does
not
meet
the
provisions
of
Section
620.210
(Class
I),
Section
620.230
(Class
III),
or
Section
620.240
(Class
IV).
b)
Groundwater which is found by the Board, pursuant to
the petition procedures set forth in Section 620.260,
to
be
capable
of
agricultural,
industrial,
recreational
or
other
beneficial
uses.
Section
620.230
Class
III:
Special
Resource
Groundwater
Except
as
provided
in
Section 620.250, Special
Resource
Groundwater
is:
a)
Groundwater
that
is
determined
by
the
Board,
pursuant
to
the
procedures
set
forth
in
Section
620.260,
to
be:
1)
Demonstrably
unique
(e.g.,
irreplaceable sources
of
groundwater)
and
suitable
for
application
of
a
water
quality
standard
more
stringent
than
the
otherwise
applicable
water
quality
standard
specified
in
Subpart
D;
or
2)
Vital
for
a
particularly
sensitive
ecological
system.
b)
Groundwater
that
contributes
to
a
dedicated
nature
preserve
that
is
listed
by
the
Agency
as
set
forth
below:
124~280
—43—
1)
A written request to list a dedicated nature
preserve
under
this
subsection
must
contain,
at
a
minimum, the following information:
A)
A general description of the site and the
surrounding land use;
B)
A
topographic
map
or
other
map
of
suitable
scale denoting the location of the dedicated
nature
preserve;
C)
A general description of the existing
groundwater quality at and surrounding the
dedicated nature preserve;
D)
A general geologic profile of the dedicated
nature preserve based upon the most
reasonably
available
information,
including
but
not
limited
to
geologic
maps
and
subsurface groundwater flow directions; and
E)
A description of the interrelationship
between groundwater and the nature of the
site.
2)
Upon confirmation by the Agency of the technical
adequacy of a written request, the Agency
shall
publish
the
proposed
listing
of
the
dedicated
nature
preserve
in the Environmental Register for
a 45 day public comment period. Within 60 days
after the close of the public comment period, the
Agency shall either publish a final listing of the
dedicated nature preserve in the Environmental
Register or provide a written response to the
requestor specifying the reasons for not listing
the
dedicated
nature
preserve.
3)
At
least
once
annually,
the
Agency
shall
publish
in
the
Environmental
Register
a
complete
listing
of
all
dedicated
nature
preserves
listed
under
this
subsection.
4)
For purposes of this Section the term “dedicated
nature preserve” means a nature preserve that is
dedicated pursuant to the Illinois Natural Areas
Preservation Act
(Ill. Rev. Stat.
1989,
ch.
105,
pars. 701 et seq.).
Section 620.240
Class IV: Other Groundwater
Except as provided in Section 620.250, Other Groundwater is:
124—281
—44—
a)
Groundwater
within
a
zone
of
attenuation
as
provided
in
35
Ill.
Adm.
Code
811
and
814;
b)
Groundwater within a point of compliance as provided in
35 Ill.
Adin.
Code 724, but not to exceed a distance of
200
feet
from
a
potential
primary
or
secondary
source.
c)
Groundwater
that
naturally
contains
more
than
10,000
mg/L
of
total
dissolved
solids;
d)
Groundwater
which
has
been
designated
by
the
Board
as
an
exempt
aquifer
pursuant
to
35
Ill.
Adm.
Code
730.104;
or
e)
Groundwater which underlies a potential primary or
secondary source,
in which contaminants may be present
from
a
release,
if
the
owner
or
operator
of
such
source
notifies
the
Agency
in
writing
and
the
following
conditions
are
met:
1)
The outermost edge is the closest practicable
distance from such source, but does not exceed:
A)
A lateral distance of 25 feet from the edge
of such potential source or the property
boundary, whichever is less; and
B)
A depth of 15 feet from the bottom of such
potential source or the land surface,
whichever is greater;
2)
The source of any release of contaminants to
groundwater
has
been
controlled;
3)
Migration of contaminants within the site
resulting
from
a
release
to
groundwater
has
been
minimized;
4)
Any
on—site
release
of
contaminants
to
groundwater
has been managed to prevent migration off—site;
and
5)
No potable water well exists within the outermost
edge as provided in subsection
(e) (1).
f)
Groundwater
which
underlies
a
coal
mine
refuse
disposal
area not contained within an area from which overburden
has been removed, a coal combustion waste disposal area
at a surface coal mine authorized under Section 21(s)
of the Act, or an impoundment that contains sludge,
slurry, or precipitated process material at a coal
preparation plant,
in which contaminants may be
present,
if such area or impoundment was placed into
124—282
—45—
operation
after
February
1,
1983,
if
the
owner
and
operator
notifies
the
Agency
in
writing,
and
if
the
following
conditions
are
met:
1)
The outermost edge is the closest practicable
distance, but does not exceed:
A)
A lateral distance of 25 feet from the edge
of such area or impoundment, or the property
boundary, whichever is less;
and
B)
A depth of 15 feet from the bottom of such
area or impoundment, or the land surface,
whichever is greater;
2)
The source of any release of contaminants to
groundwater
has
been
controlled;
3)
Migration
of
contaminants
within
the
site
resulting from a release to groundwater has been
minimized;
4)
Any
on—site release of contaminants to groundwater
has been managed to prevent migration off—site;
and
5)
No potable water well exists within the outermost
edge as provided in subsection
(e) (1).
g)
Groundwater within a previously mined area, unless~
monitoring
demonstrates
that
the
groundwater
is
capable
of
consistently
meeting
the
standards
of
Sections
620.410
or
620.420.
If
such
capability
is
determined,
groundwater
within
the
previously
mined
area
shall
not
be
Class
IV.
Section 620.250
Groundwater Management Zone
a)
Within
any
class
of
groundwater,
a
groundwater
management zone may be established as a three
dimensional region containing groundwater being managed
to mitigate impairment caused by the release of
contaminants
from
a
site:
1)
That is subject to a corrective action process
approved by the Agency; or
2)
For which the
owner
or operator undertakes an
adequate corrective action in a timely and
appropriate manner and provides a written
confirmation
to
the
Agency.
Such
confirmation
must be provided in a form as prescribed by the
Agency.
124—283
—46—
b)
A groundwater management zone is established upon
concurrence by the Agency that the conditions as
specified in subsection
(a) are met and groundwater
management continues for a period of time consistent
with
the
action
described
in
that
subsection.
c)
A groundwater management zone expires upon the Agency’s
receipt of appropriate documentation which confirms the
completion
of
the
action
taken
pursuant
to
subsection
(a)
and which confirms the attainment of applicable
standards as set forth in Subpart
D.
The Agency shall
review the on-going adequacy of controls and continued
management at the site if concentrations of chemical
constituents, as specified in Section 620.450(a) (4) (B),
remain
in
groundwater
at
the
site
following
completion
of
such
action.
The
review
must
take
place
no
less
often
than
every
5
years
and
the
results
must
be
presented
to
the
Agency
in
a
written
report.
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
l06.Subpart
G.
In
any
proceeding
to
reclassify specific groundwater by adjusted
standard,
in
addition
to
the
requirements
of.
35
Ill.
Adm.
Code
l06.Subpart
G,
and
Section
28.1(c)
of
the
Act,
the
petition
must,
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 620.240(b);
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;
124—284
—47—
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.
1989,
ch.
8, par.
331 et seq.).
124—285
—48—
SUBPART C:
NONDEGRADATION PROVISIONS FOR APPROPRIATE
GROUNDWATERS
Section 620.301
General Prohibition Against Use Impairment of
Resource Groundwater
a)
No person shall cause, threaten or allow the release of
any contaminant to a resource groundwater such that:
1)
Treatment or additional treatment is necessary to
continue an existing use or to assure a potential
use of such groundwater; or
2)
An existing or potential use of such groundwater
is precluded.
b)
Nothing in this Section shall prevent the establishment
of a groundwater management zone pursuant to Section
620.250
or
a
cumulative
impact
area
within
a
permitted
site.
c)
Nothing in this Section shall limit underground
injection pursuant to a permit issued by the Agency
under the Act or issued by the Department of Mines and
Minerals under “An Act in relation to oil, gas, coal
and other surface and underground resources and to
repeal an Act herein named”
(Ill. Rev Stat.
1989,
ch.
96 1/2, pars.
5401 et seq., as amended).
d)
Nothing in this Section shall limit the Board from
promulgating nondegradation provisions applicable to
particular
types
of facilities or activities which
impact
upon
groundwater,
including
but
not
limited
to
landfills
regulated
pursuant
to
35
Ill.
Adin.
Code.Subtitle
G.
Section 620.302
Applicability of Preventive Notification and
Preventive Response Activities
a)
Preventive notification and preventive response as
specified in Sections 620.305 through 620.310 applies
to:
1)
Class I groundwater under Section 620.210(a) (1),
(a) (2), or
(a) (3) which is monitored by the
persons listed in subsection
(b); or
2)
Class III groundwater which is monitored by the
persons listed in subsection
(b).
b)
For
purposes
of
subsection
(a),
the
persons
that
conduct groundwater monitoring are:
124—286
—49—
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;
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
Marshall or Department of Energy and Natural
Resources).
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.
Section 620.305
Preventive Notification Procedures
a)
Pursuant to groundwater quality monitoring as described
in Section 620.302, a preventive notification must
occur whenever a contaminant:
1)
Listed under Section 620.310(a) (3) (A)
is detected
(except due to natural causes)
in Class
I
groundwater;
2)
Denoted as a carcinogen under Section 620.410(b)
is detected in Class I groundwater; or
3)
Subject to a standard under Section 620.430 is
detected (except due to natural causes)
in Class
III
groundwater.
b)
When
a
preventive
notification
is
required
for
groundwater which is monitored by a regulated entity
for the subject contaminant, the owner or operator. of
the site shall confirm the detection by resampling the
monitoring well.
This resampling must be made within
30 days of the date on which the first sample analyses
are received.
The owner or operator shall provide a
preventive notification to the appropriate regulatory
agency of the results of the resampling analysis within
30 days of the date on which the sample analyses are
received, but no later than 90 days after the results
of the first samples were received.
124—287
—50—
c)
When a preventive notification is required for
groundwater which is monitored by
a regulatory agency,
such
agency
shall
notify
the
owner
or
operator
of
the
site where the detection has occurred.
The owner or
operator shall confirm the detection by resampling
within
30
days
of
the
date
of
the
notice
by
the
regulatory agency.
The owner or operator shall provide
preventive notification to the regulatory agency of the
results of the resampling analysis within 30 days of
the
date
on
which
the
sample
analyses
are
received,
but
no later than 90 days after the results of the first
samples were received.
d)
When a preventive notification of a confirmed detection
has been provided by an owner or operator pursuant to
this Section, additional detections of the same
contaminant do not require further notice, provided
that the groundwater quality conditions are
substantially unchanged or that preventive response is
underway for such contaminant.
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 .identifled 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.
124—288
—51—
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 wellhead
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/ 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
124—289
—52—
(e.g.,
35 Ill.
Adin. Code 616,
724,
725
or 811))
for arsenic, cadmium, chromium,
cyanide, lead or mercury
(except due to
natural causes); or for aldicarb,
atrazine, carbofuran,
endrin, lindane
(gamma—hexachlor
cyclohexane),
2,4—D,
1, 1-dichloroethylene,
cis—1
,
2—dichloroethylene,
trans-i, 2-dichloroethylene,
methoxychlor,
monochlorobenzene,
2,4,5—TP (Silvex) 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)
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 as 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.
124—290
—53—
D)
The appropriate regulatory agency shall consider
actions necessary to minimize the degree and
extent of contamination.
b)
The appropriate regulatory agency shall determine whether a
preventative response must be undertaken based on relevant
factors
including,
but
not
limited
to,
the
considerations
in
subsection
(a) (3).
C)
After completion of preventive response pursuant to
authority of an appropriate regulatory agency, the
concentration of a contaminant listed in subsection
(a) (3) (A)
in groundwater may exceed 50 percent of the
applicable numerical standard in Subpart D only if the
following
conditions
are
met:
1)
The exceedence has been minimized to the extent
practicable;
2)
Beneficial use, as appropriate for the class of
groundwater,
has
been
assured;
and
3)
Any threat to public health or the environment has
been
minimized.
d)
Nothing in this Section shall in any way limit the authority
of
the
State
or
of
the
United
States
to
require
or
perform
any
corrective
action
process.
124-~291
—54—
SUBPART
D:
GROUNDWATER
QUALITY
STANDARDS
Section
620.401
Applicability
Groundwaters
must
meet
the
standards
appropriate
to
the
groundwater’s
class
as
specified
in
this
Subpart
and
the
nondegradation provisions of Subpart C.
Section
620.405
General
Prohibition
Against
Violations
of
Groundwater Quality Standards
No
person
shall
cause,
threaten
or
allow
the
release
of
any
contaminant to groundwater so as to cause a groundwater quality
standard set forth in this Subpart to be exceeded.
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
Arsenic
mg/L
0.05
Barium
ing/L
2
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
iug/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
Total Dissolved
Solids
(TDS)
mg/L
1,200
Zinc
mg/L
5
124—2 92
—55—
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
Carbofuran
0.04
Carbon Tetrachloride*
0.005
Chlordane*
0.002
Endrin
0.002
Heptachlor*
0
•
0004
Heptachior Epoxide*
0.0002
Lindane (Gamma—Hexachlor
cyclohexane)
0.0002
2,4—D
0.07
ortho—Dichlorobenzene
0.6
para—Dichlorobenzene
0.075
1, 2-Dichloroethane*
0.005
1, l-Dichloroethylene
0.007
cis—l, 2-Dichloroethylene
0.07
trans-i,2-Dichloroethylene
0.1
1, 2-Dichloropropane*
0.005
Ethylbenzene
0.7
Nethoxychlor
0.04
Monochlorobenzene
0. 1
Pentachlorophenol*
0.001
Phenols
0.1
Polychlorinated
Biphenyls
(PCB’s)
(as decachloro-bipehnyl)*
0.005
Styrene
0.1
2,4,5—TP
(Silvex)
0.05
Tetrachloroethylene*
0.005
Toluene
1
Toxaphene*
0.003
1,1,l-Trichloroethane
0.2
Trichloroethylene*
0.005
Vinyl Chloride*
0.002
Xylenes
10
*Denotes a carcinogen.
124—2 93
—56—
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 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
(~Ci/l)
Tritium
Total
body
20,000
Strontium-90
Bone marrow
8
124—294
—57—
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)
Arsenic
0.2
Barium
2
Cadmium
0.05
Chromium
.
1
Cobalt
1
Cyanide
0.6
Fluoride
4.0
Lead
0.1
Mercury
0.01
Nitrate as N
100
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
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:
124—295
—58—
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/L)
Alachlor*
0.010
Aldicarb
0.015
Atrazine
0.015
Benzene*
0.025
Carbofuran
0.2
Carbon Tetrachloride*
0.025
Chlordane*
0.01
Endrin
0.01
Heptachlor*
0.002
Heptachlor Epoxide*
0.001
Lindane
(Gamma—Hexachlor
cyclohexane)
0.001
2,4—D
0.35
ortho—Dichlorobenzene
1.5
para—Dichlorobenzene
0
•
375
1, 2—Dichloroethane*
0
•
025
1,i-Dichloroethylene
0
•
035
cis—1,2-Dichioroethylene
0
•
2
trans—I, 2—Dichloroethylene
0.5
124—296
—59—
1, 2-Dichloropropane*
0.025
Ethylbenzene
1.0
Methoxychlor
0.2
Monochlorobenzene
0.5
Pentachlorophenol*
0.005
Phenols
0.1
Polychlorinated Biphenyls
(PCB’s)
(as decachloro—biphenyl)*
0.0025
Styrene
0.5
2,4,5—TP
0.25
Tetrachloroethylene*
0.025
Toluene
2.5
Toxaphene*
0
•
015
1,1,1-Trichloroethane
1
•
0
Trichloroethylene*
0.025
Vinyl Chloride*
0.01
Xylenes
10
*Denotes a carcinogen.
2)
The standards for pesticide chemical constituents
listed in subsection
(b) (1) do not apply to
groundwater within 10 feet of the land surface,
provided that the concentrations of such
constituents result from the application of
pesticides in a manner consistent with the
requirements of the Federal Insecticide, Fungicide
and Rodenticide Act
(7 U.
S.
C.
136 et seq.)
and
the Illinois Pesticide Act
(Ill.
Rev. Stat.
1989,
ch.
5, pars. 801 et seq.).
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.
Section 620.430
Groundwater Quality Standards for Class III:
Special Resource Groundwater
124—297
—60—
Concentrations of inorganic and organic chemical constituents
must not exceed the standards set forth in Section 620.410,
except for those chemical constituents for which the Board has
adopted a standard pursuant to Section 620.260.
Section 620.440
Groundwater Quality Standards for Class
IV:
Other Groundwater
a)
Except as provided in subsections
(b) or
(C),
Class IV:
Other Groundwater standards are equal to the existing
concentrations of constituents in groundwater.
b)
For groundwater within a zone of attenuation as
provided in 35 Ill. Adm. Code 811 and 814, the
standards
specified
in
Section
620.420
must
not
be
exceeded,
except
for
concentrations
of
contaminants
within
leachate
released
from
a
permitted
unit.
c)
For groundwater within a previously mined area,
the
standards set forth in Section 620.420 must not be
exceeded, except for concentrations of TDS, chloride,
iron, manganese,
sulfates, or pH.
For concentrations
of TDS, chloride,
iron, manganese,
sulfates, or pH, the
standards are the existing concentrations.
Section 620.450
Alternative Groundwater Quality Standai~ds
a)
Groundwater Quality Restoration Standards
1)
Any chemical constituent in groundwater within a
groundwater management zone is subject to this
Section.
2)
Except as provided in subsections
(a) (3)
or
(a)(4), the standards as specified in Sections
620.410,
620.420,
620.430,
and
620.440
apply
to
any chemical constituent in groundwater within a
groundwater management zone.
3)
Prior to completion of a corrective action
described in Section 620.250(a), the standards as
specified in Sections 620.410, 620.420,
620.430,
and 620.440 are not applicable to such released
chemical constituent, provided that the initiated
action proceeds in a timely and appropriate
manner.
4)
After completion of a corrective action as
described in Section 620.250(a), the standard for
such released chemical constituent is:
124—298
—61—
A)
The standard as set forth in Section 620.410,
620.420,
620.430,
or
620.440,
if
the
concentration as determined by groundwater
monitoring of such constituent is less than
or
equal
to
the
standard
for
the
appropriate
class set forth in those sections; or
B)
The concentration as determined by
groundwater monitoring,
if such concentration
exceeds the standard for the appropriate
class set forth in Section 620.410, 620.420,
620.430, or 620.440 for such constituent,
and:
i)
To the extent practicable, the
exceedence has been minimized and
beneficial use,
as appropriate for the
class of groundwater, has been returned;
and
ii)
Any threat to public health or the
environment has been minimized.
5)
The Agency shall develop and maintain a listing of
concentrations derived pursuant to subsection
(a) (4) (B).
This list shall be made available to
the public and be updated periodically, but no
less frequently than semi—annually.
This listing
shall be published in the Environmental Register.
b)
Coal Reclamation Groundwater Quality Standards
1)
Any
inorganic chemical constituent or pH in
groundwater, within an underground coal mine,
or
within the cumulative impact area of groundwater
for which the hydrologic balance has been
disturbed from a permitted coal mine area pursuant
to the Surface Coal Mining Land Conservation and
Reclamation Act
(Ill. Rev. Stat.
1989,
ch. 96 1/2,
pars.
7901.1 et seq., as amended) and 62 Ill.
Adm.
Code 1700 through 1850, is subject to this
Section.
2)
Prior to completion of reclamation at a coal mine,
the standards as specified in Sections 620.410(a)
and
(d), 620.420(a)
and
(e), 620.430 and 620.440
are not applicable to inorganic constituents and
pH.
3)
After completion of reclamation at a coal mine,
the standards as specified in Section 620.410(a)
and
(d),
620.420(a),
620.430,
and
620.440
are
124—299
—62—
applicable to inorganic constituents and pH,
except:
A)
The concentration of total dissolved solids
(TDS) must not exceed:
i)
The post-reclamation concentration or
3000 mg/L, whichever is less,
for
groundwater within the permitted area;
or
ii)
The post—reclamation concentration of
TDS
must
not
exceed
the
post—reclamation
concentration or 5000 mg/L, whichever is
less, for groundwater in underground
coal mines and in permitted areas
reclaimed
after
surface
coal
mining
if
the Illinois Department of Mines and
Minerals and the Agency have determined
that no significant resource groundwater
existed prior to mining; and
B)
For chloride,
iron, manganese and sulfate,
the post—reclamation concentration within the
permitted area must not be exceeded.
C)
For pH, the post—reclamation concentration
within the permitted area must not be
exceeded within Class
I: Potable Resource
Groundwater as specified in Section
620.210(a) (4).
4)
A refuse disposal area
(not contained within the
area from which overburden has been removed)
is
subject to the inorganic chemical constituent and
pH requirements of:
A)
35 Ill. Adm. Code 303.203 for such area that
was placed into operation after February 1,
1983 and before the effective date of this
Part, provided that the groundwater is a
present or a potential source of water for
public or food processing;
B)
Section 620.440(c)
for such area that was
placed into operation prior to February 1,
1983,
and has remained in continuous
operation since that date; or
C)
Subpart D for such area that is placed into
operation on or after the effective date of
this Part.
1-2-4—300
—63—
5)
For
a
refuse
disposal
area
(not contained within
the area from which overburden has been removed)
that was placed into operation prior to February
1,
1983, and is modified after that date to
include additional area, this Section applies to
the area that meets the requirements of subsection
(b) (4) (C) and the following applies to the
additional area:
A)
35 Ill.
Adm.
Code 303.203 for such additional
refuse
disposal
area
that
was
placed
into
operation after February
1,
1983, and before
the
effective
date
of
this
Part,
provided
that the groundwater is a present or a
potential source of water for public or food
processing; and
B)
Subpart D for such additional area that was
placed into operation on or after the
effective date of this Part.
6)
A coal preparation plant
(not located in an area
from which overburden has been removed) which
contains slurry material,
sludge or other
precipitated process material,
is subject to the
inorganic chemical constituent and pH requirements
of:
A)
35
Ill.
Adin. Code 303.203 for such plant that
was placed into operation after February 1,
1983 and before the effective date of this
Part, provided that the groundwater is a
present or a potential source of water for
public or food processing;
B)
Section 620.440(c)
for such plant that was
placed into operation prior to February
1,
1983,
and
has
remained
in
continuous
operation since that date; or
C)
Subpart D for such plant that is placed into
operation on or
after
the
effective
date
of
this Part.
1)
For a coal preparation plant (not located in an
area from which overburden has been removed) which
contains slurry material, sludge or other
precipitated process material, that was placed
into operation prior to February 1,
1983,
and is
modified after that date to include additional
area, this Section applies to the area that meets
the requirements of subsection
(b) (6) (C) and the
following applies to the additional area:
124—30 1
—64—
A)
35
Ill.
Adm.
Code 303.203 for such additional
area that was placed into
operation after
February 1,
1983, and before the effective
date of this Part, provided that the
groundwater
is
a
present
or
a
potential
source of water for public or food
processing; and
B)
Subpart D for such additional area that was
placed into operation on or after the
effective date of this Part.
1-24—302
—65—
SUBPART E:
GROUNDWATER MONITORING AND ANALYTICAL PROCEDURES
Section 620.505
Compliance Determination
a)
Compliance
with
standards
at
a site is be determined as
follows:
1)
For a structure (e.g., buildings),
at
the
closest
practical distance beyond the outermost edge for
the
structure.
2)
For groundwater that underlies a potential primary
or
secondary
source,
the
outermost
edge
as
specified
in
Section
620.240(e)
(1).
3)
For groundwater that underlies a coal mine refuse
disposal
area,
a
coal
combustion
waste
disposal
area, or an impoundment that contains sludge,
slurry,
or precipitated process material at a coal
preparation plant, the outermost edge as specified
in Section 620.240(f) (1)
or location of monitoring
wells in existence as of the effective date of
this Part on a permitted site.
4)
For a groundwater management zone,
as specified in
a corrective action process.
5)
At any point at which groundwater monitoring is
conducted using any water well or monitoring well
that meets the following conditions:
A)
For a potable well other than a community
water supply well,
a construction report has
been filed with the Department of Public
Health for such potable well, or such well
has been located and constructed
(or
reconstructed) to meet the Illinois Water
Well Construction Code
(Ill. Rev.
Stat.
1989,
ch.
111 1/2,
pars.
116.111 et seq.,
as
amended)
and
35
Ill.
Adm.
Code
920.
B)
For a community water supply well,
such well
has been
permitted
by
the
Agency,
or
has
been
constructed in accordance 35 Ill.
Adm. Code
602. 115.
C)
For
a water well other than a potable water
well
(e.g.,
a livestock watering well or an
irrigation well),
a construction report has
been filed with the Department of Public
Health or the Department of Mines and
Minerals for such well,
or such well has been
located and constructed
(or reconstructed) to
124—303
—66—
meet
the
Illinois
Water
Well
Construction
Code
(Ill.
Rev.
Stat.
1989,
ch.
111
1/2,
pars.
116.111 et seq., as amended) and 35
Ill.
Adm. Code 920.
D)
For a monitoring well,
such well meets the
following requirements:
i)
Construction must be done in a manner
that will enable the collection of
groundwater samples;
ii)
Casings and screens must be made from
durable material resistant to
expected
chemical or physical degradation that do
not interfere with the quality of
groundwater samples being collected; and
iii) The annular space opposite the screened
section of the well
(i.e., the space
between the bore hole and well screen)
must
be
filled
with
gravel
or
sand
if
necessary to collect groundwater
samples.
The annular space above and
below the well screen must be sealed to
prevent migration of water from adjacent
formations and the surface to the
sampled depth.
b)
For a spring, compliance with this Subpart must be
determined at the point of emergence.
Section 620.510
Monitoring and-Analytical Requirements
a)
Representative Samples
A representative sample must be taken from locations as
specified in Section 620.505.
b)
Sampling and Analytical Procedures
1)
Samples must be collected in accordance with the
procedures
set
forth
in
the
documents
pertaining
to groundwater monitoring and analysis
incorporated by reference at Section 620.125 or
other procedures adopted by the appropriate
agency.
2)
Groundwater elevation in a groundwater monitoring
well must be determined and recorded when
necessary to determine the gradient.
124— 304
—67—
3)
The analytical methodology used for the analysis
of constituents
in
Subparts
C
and
D
must
be
consistent with both of the following:
A)
The methodology must have a PQL at or below
the preventive response levels of Subpart C
or the groundwater standard set forth in
Subpart D, whichever is applicable; and
B)
The methodology must be consistent with
methodologies contained in “Methods for
Chemical Analysis of Water and Wastes”,
“Methods for the Determination of Organic
Compounds in Drinking Water”,
“Practical
Guide for Ground—Water Sampling”,
“Test
Methods for Evaluating Solid Wastes,
Physical/Chemical
Methods”
(SW—846),
“Techniques
of
Water
Resources
Investigations
of the United States Geological Survey,
Guidelines for Collection and Field Analysis-
of Ground-Water Samples for Selected Unstable
Constituents”, incorporated by reference at
Section 620.125.
C)
Reporting Requirements
At a minimum, groundwater monitoring analytical results
must include information, procedures and techniques
for:
1)
Sample collection (including but not limited to
name of sample collector, time and date of the
sample, method of collection,
and identification
of the monitoring location);
2)
Sample preservation and shipment (including but
not limited to field quality control);
3)
Analytical procedures (including but not limited
to the method detection limits and the PQLs); and
4)
Chain of custody control.
124—305
—68—
SUBPART
F:
HEALTH
ADVISORIES
Section 620.601
Purpose of a Health Advisory
This Subpart establishes procedures for the issuance of a Health
Advisory that sets forth guidance levels that,
in the absence of
standards under Section 620.410, must be considered by the Agency
in:
a)
Establishing groundwater cleanup or action levels
whenever there is a release or substantial threat of a
release of:
1)
A hazardous substance or pesticide; or
2)
Other contaminant that represents a significant
hazard to public health or the environment.
b)
Determining whether the community water supply is
taking
its
raw
water
from
the “best available source
which is economically reasonable and technologically
possible” as mandated under
35
Ill.
Adm.
Code
604.501(a).
c)
Developing Board rulemaking proposals for new or
revised
numerical
standards.
d)
Evaluating mixtures of chemical substances.
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
cpnditions
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
124—206
—69—
Maximum Contaminant Level Goal
(“MCLG”),
adopted
by USEPA for such substance,
56 Fed. Reg. 26460-
26564,
and
56
Fed.
Reg.
3526-3597,
incorporated
by
reference
at
Section
620.125.
If
there
is
no
MCLG
for
the
substance,
the
guidance
level
is
the
Human
Threshold
Toxicant
Advisory
Concentration
for
such
substance as determined in accordance with
Appendix A, unless the concentration for such
substance is less than the lowest appropriate PQL
specified in “Test Methods for Evaluating Solid
Wastes, Physical/Chemical Methods”, EPA
Publication No. SW-846
(SW—846), incorporated by
reference at Section 620.125 for the substance.
If the concentration for such substance is less
than
the
lowest
appropriate
PQL
for
the
substance
specified in SW—846, incorporated by reference at
Section 620.125, the guidance level is the lowest
appropriate
PQL.
2)
If the chemical substance is a carcinogen, the
guidance level for any such chemical substance is
the
lowest
appropriate
PQL
specified
in
SW-846,
incorporated by reference at Section 620.125 for
such
substance.
Section 620.610
Publishing Health Advisories
a)
The Agency shall publish the full text of each Health
Advisory upon issuance and make the document available
to the public.
b)
The Agency shall publish and make available to the
public, at intervals of not more than
6 months,
a
comprehensive
and
up—to-date
summary
list
of
all
Health
Advisories.
Section 620.615
Additional Health Advice for Mixtures of
Similar-Acting
Substances
a)
The need for additional health advice appropriate to
site-specific conditions shall be determined by the
Agency
when
mixtures
of
chemical
substances
are
detected, where two or more of the chemical substances
are similar—acting in their toxic or harmful
physiological effect on the same specific organ or
organ system.
b)
If mixtures of similar—acting chemical substances are
present, the procedure for evaluating the mixture of
such substances is specified in accordance with
Appendices A,
B, and C.
124—
307
—70—
Section 620.Appendix A
Procedures for Determining Human
Threshold Toxicant Advisory
Concentration for Class
I: Potable
Resource Groundwater
a)
Calculating the Human Threshold Toxicant Advisory
Concentration
For those substances for which USEPA has not adopted a
Maximum Contaminant Level Goal
(“MCLG”),
the Human
Threshold Toxicant Advisory Concentration is calculated
as follows:
HTTAC
=
RSC
x
ADE/W
Where:
HTTAC
=
Human Threshold Toxicant Advisory
Concentration in milligrams per liter
(mg/L);
RSC
=
Relative contribution of the amount of
the exposure to a chemical via drinking water
when compared to the total exposure to that
chemical from all sources.
Valid chemical—
specific data shall be used if available.
If
valid chemical-specific data are not
available,
a value of 20
(=0.20) must be
used;
ADE
=
Acceptable Daily Exposure of substance
in milligrams per day (mg/d) as determined
pursuant to subsection
(b); and
W
=
Per capita daily water consumption equal
to
2 liters per day
(L/d).
b)
Procedures for Determining Acceptable Daily Exposures
for Class
I: Potable Resource Groundwater
1)
The Acceptable Daily Exposure (ADE)
represents the
maximum amount of a threshold toxicant in
milligrams per day
(mg/d) which if ingested daily
for a lifetime results in no adverse effects to
humans.
Subsections
(b) (2) through
(b) (6)
list,
in prescribed order, methods for determining the
ADE in Class I: Potable Resource Groundwater.
2)
.
For those substances for which the USEPA has
derived a Verified Oral Reference Dose for humans,
USEPA’s Reference Dose given in milligrams per
kilogram per day (mg/kg/d),
as determined in
accordance with methods provided in National
Primary and Secondary Drinking Water Regulations;
124—308
—71—
Final Rule,
56 Fed.
Reg.
3526—3597,
(January 30,
1991),
incorporated
by
reference
at
Section
620.125
must
be
used.
The
ADE
equals
the
product
of multiplying the Reference Dose by 70 kilograms
(kg), which is the assumed average weight of an
adult human.
3)
For those substances for which a no observed
adverse effect level for humans (NOAEL-H) exposed
to the substance has been derived, the ADE equals
the product of multiplying one-tenth of the
NOAEL-H given
in milligrams of toxicant per
kilogram of body weight per day (mg/kg/d) by the
average weight of an adult human of 70 kilograms
(kg).
If two or more studies are available, the
lowest NOAEL-H must be used in the calculation of
the ADE.
4)
For those substances for which only a lowest
observed adverse effect level for humans
(LOAEL—H)
exposed to the substance has been derived,
one-tenth the LOAEL-H must be substituted for the
NOAEL-H in subsection
(b) (3).
5)
For those substances for which a no observed
adverse effect level has been derived from studies
of mammalian test species (NOAEL-A) exposed to the
substance,
the ADE equals the product of
multiplying 1/100 of the NOAEL-A given in
milligrams toxicant per kilogram of test species
weight per day (mg/kg/d) by the average weight of
an adult human of 70 kilograms
(kg).
Preference
will be given to animal studies having High
Validity,
as defined in subsection
(C),
in the
order listed in that subsection.
Studies having a
Medium Validity must be considered if no studies
having High Validity are available.
If studies of
Low Validity must be used, the ADE must be
calculated using 1/1000 of the NOAEL-A having Low
Validity instead of 1/100 of the NOAEL—A of High
or Medium Validity, except as described in
subsection
(b) (6).
If two or more studies among
different
animal
species
are
equally
valid,
the
lowest NOAEL—A among animal species must be used
in the calculation of the ADE.
Additional
considerations in selecting the NOAEL-A include:
A)
If the NOAEL-A is given in milligrams of
toxicant per liter of water consumed (mg/L),
prior to calculating the ADE the NOAEL-A must
be multiplied by the average daily volume of
water consumed by the mammalian test species
in liters per day
(l/d) and divided by the
124—309
—72—
average weight of the mammalian test species
in kilograms
(kg).
B)
If the NOAEL-A is given in milligrams of
toxicant per kilogram of food consumed
(mg/kg), prior to calculating the ADE, the
NbAEL-A must be multiplied by the average
amount in kilograms of food consumed daily by
the mammalian test species
(kg/d)
and divided
by the average weight of the mammalian test
species in kilograms
(kg).
C)
If the mammalian test species was not exposed
to the toxicant each day of the test period,
the NOAEL-A must be multiplied by the ratio
of days of exposure to the total days of the
test period.
D)
If more than one equally valid NOAEL-A is
available for the same mammalian test
species, the best available data must be
used.
6)
For those substances for which
a NOAEL-A is not
available but the lowest observed adverse effect
level
(LOAEL-A) has been derived from studies of
mammalian test species exposed to the
substance,
one-tenth of the LOAEL-A may be substituted for
the NOAEL-A in subsection
(b) (5). The LOAEL-A must
be selected in the same manner as that specified
in subsection
(b) (5).
One-tenth the
LOAEL-A
from
a study determined to have Medium Validity may be
substituted for a NOAEL-A in subsection
(b) (3)
if
the NOAEL-A is from a study determined to have Low
Validity, or if the toxicity endpoint measured in
the study having the LOAEL-A of Medium Validity is
determined to be more biologically relevant than
the toxicity endpoint measured in the study having
the NOAEL-A of
Low
Validity.
c)
Procedures for Establishing Validity of Data from
Animal Studies
1)
High Validity Studies
A)
High validity studies use a route of exposure
by ingestion or gavage, and are based upon:
i)
Data from animal carcinogenicity studies
with a minimum of 2 dose levels and a
control group,
2 species, both sexes,
with 50 animals per dose per sex, and at
least 50 percent survival at 15 months
124—3 10
—73—
in mice and 18 months in rats and at
least
25
percent
survival
at
18
months
in mice and 24 months in rats;
ii)
Data from animal chronic studies with a
minimum
of
3
dose
levels
and
a
control
group,
2 species, both sexes, with 40
animals per dose per sex, and at least
50 percent survival at 15 months in mice
and 18 months in rats and at least 25
percent survival at 18 months in mice
and 24 months in rats,
and a
well-defined NOAEL; or
iii)
Data from animal subchronic studies with
a minimum of
3 dose levels and control,
2 species, both sexes,
4 animals per
dose per sex for non—rodent species or
10 animals per dose per sex for rodent
species,
a
duration
of
approximately
10—
percent of the test species’
lifespan,
and a well-defined NOAEL.
B)
Supporting studies which reinforce the
conclusions
of
a
study
of
Medium
Validity
may
be considered to raise such a study to High
Validity.
2)
Medium Validity Studies
Medium
validity
studies
are
based
upon:
A)
Data from animal carcinogenicity, chronic, or
subchronic
studies
in
which
minor
deviations
from
the
study
design
elements
required
for
a High Validity Study are found, but which
otherwise satisfy the standards for a High
Validity Study;
B)
Data from animal carcinogenicity and chronic
studies in which at least 25 percent survival
is
reported
at
15
months
in
mice
and
18
months in rats (a lesser survival is
permitted at the conclusion of a longer
duration study, but the number of surviving
animals should not fall below 20 percent per
dose per sex at 18 months for mice and 24
months
for
rats),
but
which
otherwise
satisfy
the standards for a High Validity Study;
C)
Data from animal subchronic or chronic
studies in which a Lowest Observable Adverse
Effect
Level
(LOAEL)
is
determined,
but
which
124—311
—74—
otherwise satisfy the standards for a High
Validity
Study;
or
D)
Data from animal subchronic or chronic
studies which have an inappropriate route of
exposure (for example, intraperitoneal
injection or inhalation) but which otherwise
satisfy the standards for a High Validity
Study, with correction factors for conversion
to the oral route.
3)
Low Validity Studies
Low
validity studies are studies not meeting the
standards set forth in subsection
(c) (1) or
(c) (2)
124—3 12
—75—
Section 620.Appendix B
Procedures for Determining Hazard
Indices for Class I: Potable Resource
Groundwater for Mixtures of
Similar-Acting
Substances
a)
This appendix describes procedures for evaluating
mixtures of similar—acting substances which may be
present in Class I:
Potable Resource Groundwaters.
Except as provided otherwise in subsection
(c),
subsections
(d) through
(h) describe the procedure for
determining the Hazard Index for mixtures of
similar—acting substances.
b)
For the purposes of this appendix, a “mixture” means
two or more substances which are present in Class
I:
Potable Resource Groundwater which may or may not be
related either chemically or commercially, but which
are not complex mixtures of related isomers and
congeners
which
are
produced
as
commercial
products
(for example,
PCBs or technical grade chiordane).
c)
The following substances listed in Section 620.410 are
mixtures of similar acting substances:
1)
Mixtures of ortho—Dichlorobenzene and
para—Dichlorobenzene.
The Hazard Index
(“HI”)
for
such mixtures is determined as follows:
HI
=
ortho-Dichlorobenzene\0.6
+
para-Dichlorobenzene
\0.
075
2)
Mixtures of l,1-Dichloroethylene and
1,1, 1-trichloroethane.
The Hazard Index
(“HI”)
for such mixtures is determined as follows:
HI
=
1,l-Dichloroethylene)\0.0O7
+
1,1, 1-trichloroethane) \0.2
d)
When two or more substances occur together in a
mixture, the additivity of the toxicities of some or
all of the substances will be considered when
determining health based standards for Class
I: Potable
Resource Groundwater.
This is done by the use of
a
dose addition model with the development of a Hazard
Index for the mixture of substances with similar—acting
toxicities.
This method does not address synergism or
antagonism.
Guidelines for determining when the dose
addition of similar—acting substances is appropriate
are .presented in Appendix C.
124—313
—76—
The Hazard Index is calculated as follows:
HI
=
A\ALA
+
B\ALB
+
.
.
.
Ij\ALI
Where:
HI
=
Hazard Index,
unitiess.
A,
B,
I)
=
Concentration of each
similar—acting substance in groundwater in
milligrams per liter
(mg/L).
ALA,
ALB, ALl
=
The acceptable level of each
similar—acting substance in the mixture in
milligrams per liter
(mg/L).
e)
For substances which are considered to have a threshold
mechanism
of
toxicity,
the
acceptable
level
is:
1)
The standards listed in Section 620.410; or
2)
For those substances for which standards have not
been established in Section 620.410, the Human
Threshold Toxicant Advisory Concentration (HTTAC)
as determined in Appendix A.
f)
For substances which are carcinogens, the acceptable
level is:
1)
The standards listed in Section 620.410; or
2)
For those substances for which standards have not
been established under Section 620.410, the lowest
appropriate
PQL
of
USEPA-approved
analytical
methods
specified
in
SW—846,
incorporated
by
reference
at
Section
620.125,
for
each
substance.
g)
Since the assumption of dose addition is most properly
applied to substances that induce the same effect by
similar modes of action, a separate HI must be
generated for each toxicity endpoint of concern.
h)
In addition to meeting the individual substance
objectives,
a
Hazard
Index
must
be
less
than
or
equal
to 1 for a mixture of similar-acting substances.
124—314
—77—
Section 620.Appendix C
Guidelines for Determining When Dose
Addition
of
Similar-Acting
Substances
in
Class I: Potable Resource Groundwaters
is Appropriate
a)
Substances must be considered similar-acting if:
I)
The substances have the same target in an organism
(for example, the same organ, organ system,
receptor, or enzyme).
2)
The substances have the same mode of toxic action.
These actions may include,
for example,
central
nervous system depression,
liver toxicity,
or
cholinesterase inhibition.
b)
Substances that have fundamentally different mechanisms
of toxicity (threshold toxicants vs. carcinogens) must
not be considered similar—acting. However, carcinogens
which also cause a threshold toxic effect should be
considered in a mixture with other similar—acting
substances
having
the
same
threshold
toxic
effect.
In
such a case, an Acceptable Level for the carcinogen
must be derived for its threshold effect, using the
procedures described in Appendix A.
c)
Substances which are components of a complex mixture of
related compounds which are produced as commercial
products
(for
example,
PCBs
or
technical
grade
chlordane)
are
not
mixtures,
as
defined
in
Appendix
B.
Such complex mixtures are equivalent to a single
substance.
In such a case, the Human Threshold
Toxicant Advisory Concentration may be derived for
threshold effects of
the complex mixture, using the
procedures described in Appendix A,
if valid
toxicological or epidemiological data are available for
the complex mixture.
If the complex mixture is a
carcinogen, the Health Advisory Concentration is the
lowest appropriate PQL of USEPA-approved analytical
methods specified in SW—846, incorporated by reference
at
Section
620.125.
124—3 15
—78—
IT IS SO ORDERED.
Board Member J.
D.
Duinelle concurred.
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above 0p
ion and Order was
adopted on the
~
day of
___________________,
1991, by
a vote of
5— ~
c?O~U~i
~
__
Dorothy M. Gj4~n, Clerk
Illinois Po~)ution Control Board
124—3 16
