ILLINOIS POLLUTION CONTROL BOARD

September 27, 1990

IN THE MATTER OF:

GROUNDWATER QUALITY STANDARDS

)

 R89-14

(35 ILL. ADM.

 CODE 620)

)

Proposed Rule

 First Notice

OPINION

AND

ORDER OF THE BOARD

 (by P.C.

 Fleinal):

This matter comes before the Board pursuant to Section

 8 of

the Illinois Groundwater Protection Act

 (“IGPA”),

 Ill.

 Rev.

 Stat.

1989,

ch.

 111 1/2, pars.

 7451 et ~g.

 Section

 8 mandates inter

alia that the Illinois Environmental Protection Agency

 (“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)).

Today the Board adopts

 a proposal for First Notice.

PROCEDURAL HISTORY

The Agency filed its proposal,

 accompanied by a Statement of

Reasons,

 on September 21,

 1989.

 Prior to filing its proposal,

the Agency had undertaken an extensive round of discussion

sessions and work shops at which it invited comments and

suggestions regarding the proposal from other State agencies,

public interest groups,

 and the general public

 (Statement of

Reasons at p.

 4—10).

 Among groups which provided comment and

 suggestions were the Interagency Coordinating Committee on

Groundwater and the Groundwater Advisory Council, pursuant to

rules assigned these groups in the IGPA at Section 8(a).

The Economic Impact Statement

 (“EcIS”), which pursuant to

the IGPA was prepared concurrently with development of the

Agency’s proposal, was filed January 31,

1990

 (DENR Exh.

5).

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 a revised

proposal

 (Public Comment

 #16).

In addition to the two complete proposals presented to the

Board, various other suggestions regarding the nature and/or

specific language have been received both at hearing and within

Public Comments

 (“PC”).

 Public Comments have been filed by CIBA—

GEIGY Corporation

 (PC #1), Citizens for Controlled Landfills

(PC

#2), Chemical Industry Council of Illinois

 (“dcl”)

 (PC ~3)

Waste Management of Illinois

 (PC #4,

 #15),

 Illinois Department

of

115—171

—2—

Energy and Natural Resources

 (“DENR”)

 (PC #5), United States

Environmental Protection Agency (“USEPA”)

 (PC #6),

 Illinois Farm

Bureau

 (PC #7),

 Defenders

(PC

 #8),

 Illinois Department of

Agriculture

 (PC #9),

 Illinois Coal Association

 (PC #10),

 Illinois

Environmental Regulatory Group

 (“IERG”)

 (PC #11),

 Illinois

Fertilizer

 & Chemical Association

 (“IFCA”)

(PC

 #12)

 Illinois

Department of Transportation

 (PC #13),

 Illinois Steel Group

(PC

#14,

 #18), and the Illinois Department of Mines and Minerals

(PC

#17).

 Many of these organizations and agenciesalso participated

at hearing.

Six days of hearings have been held to date,

 including

hearings on the Agency’s initial proposal, the EcIS, and the

Defenders’

 alternative proposal.

FUTURE HEARING AND REQV

 FOR ADDITIONAL COMNENT

In preparing today’s propc

 the Board has considered the

broad range of perspectives,

in

 ~ghts, and recommendations which

have been brought before

it.

 Tr~:? result

 is a proposal which

amalgamates materials from mu1t~:le sources.

 Because these

materials are seen today for the first time in their aggregate

form,

 the Board not only solicits comment on particular

provisions

 (see various following requests), but also on the

workability of the proposal as

 a whole.

 In addition, the Board

today, by separate Hearing Officer Order, schedules an additional

hearing as a forum in which interested persons are invited to

testify on today’s proposal.

OUTSTANDING MOTIONS

Late—Filed Comments and Motions

 to File

The deadline set by the Hearing Officer for post hearing

comments in this proceeding was May 31,

 1990.

 The Hearing

Officer did not set a schedule for reply to any comments

 in this

proceeding at this time.

 The Board notes that three filings were

received after the May 31, 1990 deadline.

 These include the

Agency’s comments and revised proposal,

 and comments from the

Illinois Department of Mines and Minerals,

 received June

1,

 1990.

The Board accepts the Agency’s cDmments and revised proposal and

Department of Mines and Minerals’

 comments, since they were

mailed prior to the expiration of the May 31, 1990 deadline (See

procedural rule 101.102(d)).

 ThB Board also accepts the Steel

Group’s revised comments filed June

6,

 1990 as this filing merely

corrects typographical and grammatical errors contained in the

earlier comments filed before May 31.

On June 13,

 1990,

 the Defen~ersfiled

 a Motion for Leave to

File Supplemental Post-Hearing CDmments and Supplemental Post

Hearing Comments.

 Defenders’

 counsel states that she did not

~1

~--~

72

—3—

receive copies of the Agency’s comments and revised proposal

until June

7,

 1990.

 Defenders asks the Board to allow this

filing as a response to the Agency’s revised proposal, claiming

that under the current comment deadline,

 there has been no

opportunity to respond to the Agency’s revised proposal.

 For the

reasons given below,

 the Board denies the Defenders’

 motion.

However, the Defenders or anyone else who wishes to respond to

the Agency’s revised proposal or the Board’s proposal for First

Notice may do so at hearing or may file comments during the First

Notice comment period.

In order to allow for the most expeditious handling of this

rulemaking,

 the Hearing Officer in this proceeding specifically

set a schedule which allowed for the filing of comments by a

certain date, and did not include time for responses to any other

participant’s comments.

 The numbers of participants and nature

of this complicated rulemaking require the adherence to comment

deadlines as much as possible,

 in order to continue to handle

this matter as expeditiously as possible.

 It is true that the

Agency filed

 a revised proposal with its comments,

 and that there

has not been opportunity at this time to respond to the

revisions.

 However, the Board emphasizes that there will be

 further opportunity to comment on this revised proposal or any

proposal subsequently adopted by the Board during the First

Notice comment period

 in this proceeding.

 The Board further

notes that the changes made to the Agency’s proposal appear to

involve issues which were already discussed by participants

during hearings on this matter.

EcIS Revision

The Agency,

 on page 12 of the Statement of Reasons which

accompanies its revised proposal

 (PC #16),

 “requests that the

Board direct DENR to review the Agency’s revised proposal and

prepare an EcIS that studies the economic impact of the proposal

based upon criteria set forth in Ill.

 Rev. Stat.

 1989,

 ch 96

 1/2,

par.

 7404(a).”

 The Board construes this request as a motion.

On September 28,

 1989,

 the Board noted that Section 8 of the

IGPA specifically exempted these proposed rules from the

requirements of Section 27(b)

 of the Act,

 and provided for

completion of an EcIS concurrent with the development of the

proposal.

 This was done and an EcIS document was filed.

 Since

this EcIS was prepared concurrently with the development of the

Agency’s proposal, parts of the Agency’s revised proposal,

the

Defender’s proposal,

 and now this Board proposal could not be

discussed

 in that document.

In any event, the Board at this point does not believe an

 additional formal EcIS

 is warranted.

 This does not mean that

additional economic information on the Agency’s revisions,

the

Defender’s proposal,

 or the Board’s First Notice proposed rules

would not be useful or desired.

 In fact,

 in today’s Opinion, the

115—173

—4—

Board does not provide the usual detailed analysis of the

economic impact of the proposed rules in order to examine the

issue more fully as it relates to the proposal presented today.

Therefore,

 the Board requests that DENR and anyone else who

desires to do so provide the Board with economic information at

hearing.

Designation of Waste Management Testimony as Comment

On May 2,

 1990 the DENR filed

 a Motion requesting that the

testimony of witnesses John Baker and John McDonnell of Waste

Management of Illinois,

 Inc.

 (“WMI”),

 be designated

 “comments”

rather than “testimony”.

 The motion is denied.

 The Board fails

to see any purpose to DENR’s motion.

 The Board

 is fully capable

of assessing the merits of and weight to be given to materials

which enter its record, and will do so with the materials in

question.

 This circumstance notwithstanding, the Board does not

believe that DENR has in any way been denied opportunity to

present questions to these two witnesses.

 To the contrary,

 exceptional effort has been made to accommodate DENR,

 (See

P.

at

956)

GENERAL PRINCIPLES UNDERLYING TODAY’S PROPOSAL

Prior to presenting the today’s proposal,

 the Board believes

that it is instructive to set out some of the principles which

guided the construction of the instant proposal.

Simplicity

Among the most salient of these principles

 is the

desirability of promulgating a system of standards which 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.

While the Board notes that the two complete proposals before

it, those of the Agency and the Defenders,

 each evince great

thought and ingenuity and much of merit which the Board today

adopts as

 it own,

 they also both contain elements of what we

believe is needless complication.

 A case

 in point

 is the system

of defining Class

 I groundwaters and exceptions thereto,

as

proposed by the Agency1.

 If one accepts,

 as the Board does

 (see

 The Agency’s Class

 I groundwater,

 titled Potable Resource

Groundwater,

 is defined more based on geographic and

stratigraphic position than on inherent potability.

In

particularly, groundwater would be classified as Class

I

115—174

—5—

below), that all groundwaters should be protected from use

degradation,

 irrespective of whether that use is presently

occurring,

 it follows that much of the Agency’s classification

edifice

 is both unnecessary and unjustified.

A second case in point is the permitting system proposed by

the Defenders

 (see P.

 at 976—8; PC #8 at 5-7,

 11-13).

 Under this

system no change in groundwater quality beyond “background” would

be allowed absent a permit from the Agency.

 Aside from the very

practical problems associated with determining what constitutes

“background”

 (e.g.,

PC

 #7 and #9), the Board is not convinced

that the costs associated with a permitting system are

commensurate with the amount of environmental protection

afforded.

The Board believes that the matter of available resources

must also enter into other aspects of construction of the instant

regulation.

 A regulation is only as good as the availability of

resources to implement and enforce

it.

With these various considerations in mind, the Board does

not today propose several regulatory possibilities which it might

under other circumstances find attractive.

 These include

additional mandatory data collection and establishment of data

bases by DENR and/or the Agency,

 mandatory monitoring and

determination of current groundwater quality by all entities

and/or activities which might impact groundwater,

 and mandatory

investigation

 (as opposed to Agency discretionary investigation)

of all possible cases of groundwater contamination.

Emphasis on Potable Waters

The need for a groundwater protection program arises because

groundwater constitutes a valued resource.

 This principle is

clearly 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 to be 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

depending upon geographic relationships among wellheads,

 setback

distances,

 lateral areas of influence,

 proximate aquifers,

and

uppermost consolidated bedrock aquifers

 (see PC #16

 at proposed

Section 620.204)

115—175

—6—

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

standards, monitoring and remedial requirements, etc.,

 to the

different classes.

It is to be further recognized that potability2,

 as a rule,

constitutes the “highest” use to which groundwaters are put.

Potability,

 as a further rule,

 requires the highest degree of

protection,

 including the most stringent standards,

 to maintain

the use.

 Potable—use also is far and away 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,

 indeed, not only a feature of the two proposals

presented -to—the~Board,

 it is—a-iso-a principal feature of today’s

Board proposal.

Protection of all Potable Waters

A recurrent problem with the resource—protection concept of

groundwater protection,

 however, concerns whether resource value

should be associated only with groundwaters currently

 experiencing use,

 or whether

 it should also be associated with

potentially usable groundwaters

 (e.g.,

P.

 at 26,

 968-9; PC #6 and

#8).

 This issue can be clearly seen in the matter of which

groundwaters ought to be classified as potable resource

groundwaters.

The Board previously addressed this issue in P86-83.

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 p~~i~l 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

2”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))

31n the Matter of: A Plan for Protecting Illinois Groundwater,

R86-8, Report of the Board, August 28,

 1986.

115—176

—7—

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.

 (j~ at 11-3)

The Board believes that this perspective remains correct

today.

 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),

 III. 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 all 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 can not willfully neglect today

 a resource which future

generations may well need and cherish.

 Among the proposals

before the Board,

 the Board believes,

 as do several commentors

(e.g., PC

 #6 and #8),

 that the Agency’s proposal4 falls short of

providing protection for all those groundwaters which will at

some future date be wanted for potable use.

AMENDMENT TO 35 ILL.

 ADM.

 CODE:

 SUBTITLE

 C: WATER POLLUTION

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

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

 is as recommended by the Agency

 (PC #16,

p.

9).

PART 620

SUBPART

 A: GENERAL PROVISIONS

‘~

The Agency’s initial proposal placed in the potable resource

category only those groundwaters located within a limited distance

of an existing water supply well (Agency Proposal p.

7).

 Although

the Agency’s revised proposal expanded this definition by adding

all waters

 located with the uppermost bedrock aquifer

(PC

 #16 at

5), much potable groundwater would still escape classification as

a potable resource due to its distance from an existing well or its

stratigraphic location.

115—177

—8—

Subpart A sets out the general provisions applicable to the

entire Part

 620.

 In general, this Subpart closely follows the

similar Subpart in both the Defenders’

 Proposal and the Agency’s

Revised Proposal.

 The more substantive changes are noted here.

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 suggest 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 inaximum~

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 recognizes this policy statement, the Board believes that

the proposed 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 actually being regulated.

Definitions

——

 Section 620.110

Section 620.110 contains definitions applicable to Part

 620.

The definitions chosen for inclusion have been derived from both

the Agency’s and Defender’s proposals.

 The Board has also added

several definitions,

 such as the definitions for “adverse

effect”,

“facility”,

“LOAEL”,

“NOAEL”,

“owner”,

“operator”,

and

“setback

zone”.

These

definitions

are

derived

from

the

Act

Board

regulations.

some

cases,

for

example

the

definitions

“new

site” and “major reconstruction”, the definitions have been

placed in Section 620.110,

 rather than within the body of the

Part,

 as proposed by the Agency or the Defenders.

 As regards the

definition of “new site”,

 the Agency

 is specifically requested to

address how it

 intends that such terms as “commercial business

class” be defined.

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

11

5-17R

—9—

Section 620.125 sets forth incorporations by reference.

Changes have been made to these incorporations to conform the

list to the actual documents received from the Agency, and the

format has been changed to better conform to Illinois Register

publication requirements.

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.

 Adrn.

 Code.Subtitle C and the instant

proposal.

xclusion

for

Underground

Water

in

Certain

Man—Nade

Conduits

—-

Section

620.135

Section

620.135

explicitly

excludes

any

underground

waters

which

occur

dertain

man—made

conduits

from

the

application

the rules proposed today.

 The man—made conduits

 included are

subsurface

drains,

tunnels,

reservoirs,

storm

sewers,

tiles,

and

sewers5.

 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

which 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,

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 all 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 and when

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:

It

 is inappropriate to apply any numbers

 or standards

to water

in

 a drainage tile except surface water

51t

noted

that

specifically

not

included

are

waters

within

 wellu,

 well

 casings,

 or other structures

 designed

 to tap

groundwater.

1 5—179

—10—

standards

the

point

discharge

t-o

surface

water,

at which point one must also consider the effects of

mixing.

PC

#9

at

p.

1.

The Agency’s revised proposal contains additional

exclusionary language which

 is today ii~~

 being proposed because

it is unnecessary.

 In particular,

 the Agency proposes that

Section 620.135 be in

the

form:

Section 620.135

 Exclusions

This

Part

does

not

apply

groundwaters

discharged

surface

waters

result

of:

Subsurface

drains,

tu~riels,

stor~isewers,

tiles,

sewers,

and

other

man-ma

conduits.

Dewatering

operations

assoc±atr

with

construction or excavation:

For

the

discovery,

develop::ent,

production

stone,

sand,

~rave1,

coal;

For

other

structures

(except

for

structures associated with the

discovery,

development,

production

oil

gas)

where

dewatering

necessary

(e.g.,

installation

tanks,

foundations,

piers,

pilings).

c)

 Dewatering operations designed

 t.o protect

publicly—owned

permanent

structures

facilities

from

the

adverse

effects

high

groundwater

levels.

This

provision

unnecessary

since

 “groundwater

discharged

surface

water”

ceases

groundwater

since

not

longer

meets

the

definition

groundwater

(i.e.,

the

water

longer

underground,

longer

within

the

saturated

zone,

etc.).

thus

unnecessary

list

the

Agency’s

specific

examples

“excluded

 discharged groundwater”,

 since by

definition

 all discharged groundwaters are excluded from the

operation

Part

620.

SUBPART

GROUNDWATER

CLAss::FICATI0N:

Subpart

sets

out

the

general

groundwater

classification

system,

 criteria for classifying specific groundwaters, and

procedures for amending the classification of any specific

 groundwater.

 Subpart B follows the Agency’s Amended Proposal in

l15—1.S~)

—11—

general

 form.

 However,

 it differs

 in specifics as noted

following.

List of Groundwater Classes

—-

 Section 620.201

Section 620.201 establishes that there are five classes

of

groundwater.

 Four of these classes are drawn in concept,

although not necessarily

 in specifics,

 from the Agency’s

proposals.

 The fifth,

 Special Resource Groundwater,

 is drawn

from the Defenders’

 proposal.

It

is

 intended that every

groundwater

 in the State belong to one of the five classes.

Potable Groundwaters

 Class

-—

 Section 620.210

Section 620.210 establishes the definition of a Class

I:

Potable Resource Groundwater.

 Included are all groundwaters

which are naturally potable and which are available at a yield of

at least 150 gallons per day.

 A groundwater is identified as

being naturally potable if Safe Drinking Act water quality

standards are met without treatment.

The 150 gallons per d~ylimit

 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 Board notes that the IGPA defines an aquifer

as a saturated soil or geological material which is sufficiently

permeable “to readily yield economically useful quantities of

water to wells,

 springs, or streams under ordinary hydraulic

gradients”

 (Ill. Rev.

 Stat., ch.

ill

 1/2,

 par.

 7453(b); emphasis

added).

 To the extent therefore that 150 gal/day constitutes the

“economically useful quantity”,

 the number serves to quantify the

meaning of an aquifer and Section

 620.210(a) (2) serves to limit

Class

 I groundwaters to waters in aquifers

 so defined.

The Board notes that there

 is no attempt to further limit

the definition of potability by qualifiers relating to distance

from existing wells,

 time of travel to existing wells,

or

stratigraphic position,

 as occurs

 in the Agency’s proposal.

 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

 (see above)

 For the same reason the term “Potable

Resource Groundwater”, rather than “Potable Use Groundwater”,

is

employed in the title of this class.

Some groundwater contaminants,

 such as iron,

 manganese, and

radium, are sometimes naturally found in Illinois groundwaters at

concentrations which exceed MCLs.

 Section 620.210(b)

 allows

groundwater containing these specific contaminants to still

be

classified as Class

 I groundwaters.

 The Board specifically

requests comment on the appropriateness and completeness of the

proposed contaminant list at Section 620.210(b).

ii 5—ISi

—12—

The General Resource

 (Default)

 Class

——

 Section 620.220

Class II: General Resource Groundwaters are, by definition

at Section 620.220, the default groundwaters.

 That is, Class II

consists of those groundwaters which are ~

 Class

I,

 III,

 IV, or

V.

 For example,

 a groundwater which otherwise has chemistry

suitable for potable use without treatment, but which

is

unavailable in volumes greater than 150 gal/day, would

 fall into

Class II.

 In general,

 a groundwater could fall into Class II

if

it is not potable by virtue of quantity or quality limitations,

if it is not in a remedial posture pursuant to qualifications for

a Class III groundwater,

if

 it is not otherwise naturally limited

pursuant to Class IV qualifications,

or

 if it has not been

otherwise specially classified according to Class V procedures.

The Board anticipates that groundwaters in “tight”

hydrogeologic units will constitute one of the most common

occurrences- of Class II groundwaters~.-~-These are

groundwaters

which,

irrespective

their

chemistry,

are

unavailable

quantities sufficient for use.

 Another common occurrence

is

likely to be groundwaters which are not

 so saline as to warrant

classification as Limited Resource Groundwaters, but which

nevertheless are too saline to be potable without treatment.

It is possible that

 a third major category of Class II

groundwaters will be groundwaters which would otherwise be Class

I:

 Potable Resource Groundwaters, except that they naturally fail

to meet Drinking Water Act standards for a parameter or two.

Data are presently insufficient to other than speculate on the

possible occurrences of this type of Class

 II groundwater.

Given the multiplicity of 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.

Remedial Groundwaters

—-

Section

620.230

Section 620.230 establishes criteria by which a groundwater

 is placed within Class III: Remedial Groundwaters.

 The listed

criteria are essentially those proposed by the Agency,

 with only

minor word changes intended to improve clarity.

Class III Groundwaters are groundwaters that,

 due to

contamination, temporarily cannot meet the water quality

standards which would otherwise apply to them.

 Included within

the class are contaminated groundwaters at sites on the National

Priorities List and State Remedial Action Priorities List,

at

sites with leaking underground storage tanks,

 sites subject to

corrective action approved by the Agency pursuant

 35 Ill. Adm.

Code: Subtitle

G,

 sites undergoing corrective action pursuant to

5—182

—13—

35 Ill.

 Adra.

 Code 615 or 6166 permitted coal mining sites,

or

coal mining sites that were mined prior to current State Land

reclamation regulations.

 Under subsection

(g)

 a groundwater may

also be placed in Class III or reclassified pursuant to an

adjusted standard proceeding before the Board.

A characteristic of a Remedial Groundwater is that placement

within this class

 is inherently temporary.

 When remediation

is

complete,

 the groundwater should revert to its natural (“pre-

remediation”)

 class.

The IFCA has recommended that the Board add an interim

 compliance status to Class

 III groundwaters to include

groundwaters which are undergoing voluntary remedial action

(PC

#10 at

p.

3).

 The IFCA believes that,

 at least under the

Agency’s proposal,

 an interim status is needed to allow for a

transition period for facilities which were

 in compliance with

prior regulations to come into compliance with the instant

regulations

 (Id.).

 The Board requests that the IFCA and other

interested persons review the regulation as proposed today

(compared to the Agency’s version) and re—express their concern

should the concern still

 remain.

Limited Resource Groundwaters

 Section 620.240

Section 620.240 sets out criteria for classifying Class IV:

Limited Resource Groundwaters.

 There are two such criteria:

total dissolved solids concentration greater than 10,000 mg/l,

or

designation by the Board as an exempt aquifer pursuant to 35 Ill.

Adm.

 Code 730.104.

 A groundwater may also be placed in Class IV

pursuant to an adjusted standard

 (or site-specific)

 proceeding

before the Board.

 Section 620.240

 is adopted directly from the

Agency’s proposal.

Special Resource Groundwaters

——

 Section 620.250

Section 620.250, Class V:

 Special Resource Groundwaters,

is

derived in concept from the Defenders’ proposal, which

ip

turn

is

based on the USEPA groundwater classification strategies

The

Defenders’

 contend that

 in certain circumstances a groundwater

may take on an ecologically vital role,

 as for example when its

635

 Ill.

 Admn.

 Code

615

and

616

 consist

of

 regulations

currently in proposal-form before the Board in Docket P89-5.

 Their

purpose

 is to

 implement

 the setback zone

 and regulated recharge

area provisions of Sections 14.4(b)

 and 14.4(d)

 of the Act.

 It is

currently anticipated that promulgation of these regulations will

follow promulgation of the instant regulations.

7See Guidelines for Ground-Water Classification under the EPA

Ground—Water

 Protection

 Strategy,

 USEPA

 Office

of

 Ground-Water

Protection, November 1986: Defender’s Exh.

6.

115—183

—14—

discharge supports a vital wetland

(P.

 at 969—971).

 Other

examples might include caves,

lakes,

 ponds,

 streams, and perhaps

even the more moist varieties of prairies and forests.

The

Defenders’ propose a special class of groundwaters

 (their Class

II)

 to encompass these circumstances.

The Board believes that the concept of ecologically vital

groundwaters warrants further consideration,

 and accordingly

includes this concept in today’s proposal to facilitate

additional discussion.

 However,

 in terms of a classification

system, the Board believes that ecological vitality is but one

possible reason why a groundwater might be considered to be a

Special Resource.

 Accordingly,

 Class V is set up to include any

groundwater, which by virtue of some special characteristic,

should not be placed ~ ~ one of t~e other classes.

As presently constructed,

i-

 cement of a groundwater within

Class V requires a formal acttt~ y--e±thertheBoard,though~a

site-specific or adjusted stand~

 proceeding,

 or by the Agency.

The Agency’s ability to classify

 a groundwater as Class V is

restricted to the circumstance o~an Ecologically Vital

Groundwater, according to Sectic—

 620.250(a)(2).

 This latter

provision tracks the Defenders’

 ~:roposal.

The Board invites comment on these provisions

 in general.

In addition,

 the Board particularly requests the Agency to

comment

the

roles

assigned

proposed

Section

620.250(a) (2) and

 (b).

 The Board also invites other groups or

 agencies to advise the Board of l:heir desire and ability to

participate in the effort to establish criteria for Ecologically

Vital Groundwaters identified at Section 620.250(b).

Adjusted 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 has

used the information requirements as proposed by the Agency, with

some changes to clarify the terms “beneficial or necessary.”

The Board notes that,

 in addition to an adjusted standard,

recourse to reclassification of

 particular groundwater would

also be available via the site-specific rulemaking process.

The IFCA requests 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 which would preclude an adjusted standard action

11 5—1.84

—15—

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 electing a course of action.

SUBPART C:

 GROUNDWATER QUALITY STANDARDS

Subpart C sets out the groundwater quality standards

applicable to various classes of groundwater.

 In general

 form,

the Subpart follows Subpart C of the Agency’s revised proposal

(PC #16)

 However, numerous alterations have been made

reflecting the general guiding principles discussed above,

as

well as other considerations

 as noted in the following.

Among general alterations, the Board notes that the Agency’s

use of the term “criteria” has everywhere been altered to

“standard”

 so as to be consistent with the use of these terms in

the Act and

in

 35 Ill.

 Adm. Code.Subtitle C

 (see particularly

definition of “criterion”

 at Section 3.80 of the Act and at 35

Ill. Adm.

 Code 302.100).

Applicability and the “Natural Causes Exclusion”

-—

 Section

620.301

Subpart C begins with a scope and applicability statement

which contains two principal concepts.

 These concepts are that

(1) the standards must be met

 (else there exist

 a violation of

the regulations), except that

 (2) the standards need not be met

if due to natural causes.

 Both concepts are found generally

in

the two proposals before the Board, but are here presented as a

single preface

 to Subpart C.

The second concept, which is the “natural causes exclusion”,

is a powerful and important provision of the entire groundwater

regulatory package.

 It is not the Board’s intention to require

compliance with standards which are exceeded due to natural

causes.

Nondegradation

——

 Section 620.305

Section 620.305 contains the groundwater nondegradation

provision.

 The provision is basically the same provision which

currently applies to groundwaters through the operation of

35

Ill.

 Adin.

 Code 302.105.

 However, since an intent of the instant

proposal

 is to divorce groundwater from regulation under Part 302

(and associated

 Parts of Subtitle C),

 it is necessary to repeat

the provision here.

—16—

Penalty

for

Prior

Degradation

——

 Section 620.307

Today’s proposal retains at Section 620.307

 a provision

recommended by the Defenders.

 A similar concept is advocated by

IERG

 (PC #11), the IFCA

 (PC #12),

 and the ISG

 (PC #18),

 although

only the Defenders’

 propose actual language.

 The thought behind

the provision is explained by the Defenders:

penalties

are

imposed

under

the

Defenders’ proposal for contamination caused, by lawful

activities occurring before the effective date of the

regulations.

...

 this provision would in essence

“grandfather” preexisting contamination for the purpose

of penalties under this Part.

...

 Dangerous

contamination cannot, however, be left in place, nor is

it intended that this Section impede other regulatory

programs.

 Therefore,

 this

 Section)

 ensures that the

“grandfathering” will not precludeanycorrective

action required under other regulatory programs.

Defenders Exh.

 7 at p.

5.

While

the

Board

believes

that

some

grandfathering

may

warranted,

 it not yet convinced that a broad rule of general

applicability—type of grandfathering has been justified.

 Moreover, the Board notes that the Defenders’

 offer their

grandfathering provision within the context of their larger

proposal.

 The Board is thereby uncertain whether proposed

Section 620.307 can be taken out of context.

 Interested persons

are particularly requested to comment on this matter.

Additionally, the Board notes that the phrase “lawful

activity”,

 if used, may be required to be defined.

 Interested

persons are requested to comment on this matter,

 including

alternatives

use

the

term.

Potable Resource Groundwater Standards

-—

 Section 620.310

Section 620.310 sets out the groundwater standards

applicable to Potable Resource Groundwaters.

 Since potable

groundwaters should be available for drinking water supply

without treatment,

 it is the Board’s belief that standards

applicable to potable groundwaters must be,

 in substantial part,

the same standards which apply “at-the-tap” pursuant to the Safe

Drinking Water Act

 (“SDWA”).

 That

 is, the standards should be,

again

 in substantial part, the maximum contaminant levels

(“MCLs”) promulgated pursuant to the SDWA8.

 Accordingly,

 this

8The Board notes that the Agency’s proposal

 is also premised

on

 promulgation

of

 only

 “health—based

 criteria

...

 which

are

identical to the final enforceable federal criteria of the SDWA

MCLs”

(R.

 at 51—2).

115—186

—17—

concept is employed in the instant proposal at Section

620.310(a)

The manner in which the standards/MCLs are presented at

Section 620.310(a)

is

 intended to address 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

 is particularly

apparent as regards the current MCL situation because the USEPA,

the originator of MCL values,

 is in the process

 of a major MCL

promulgation effort.

 Thus,

 it is to be expected that the current

MCL list will be experiencing relatively large changes within the

coming years.

Ordinarily

 this circumstance would imply that Part 620

regulations would have to be regularly reopened and updated to

accommodate

new

NCLs.

However,

the

Board

today

proposes

stratagem which both forestalls the need to constantly update the

MCL list at Section 620.310 and also assures that the MCLs of

Section 620.310 remain current.

 The stratagem consists of

identifying the groundwater standards which apply to Potable

 Resource Groundwaters as being identical to the MCLs found at 35

Ill. Adm.

 Code 611.Subpart

F.

35

 Ill.

 Admn.

Code

6ll.Subpart

contains the “identical

 in substance” MCL5 promulgated pursuant

to the SDWA and the Act.

 As such,

 6ll.Subpart

F

 is subject to

updates every six months,

 pursuant to the Board’s SDWA “identical

substance”

update

 program.

few

the

MCLs

Ill.

Adm.

Code

6l1.Subpart

may

have uncertain applicability to groundwaters.

 The Board views

turbidity as being among these,

 since turbidity

 is not normal.y

associated with groundwaters.

 Where significant groundwater

turbidity does occur, as perhaps

 in some karst groundwaters9,

the

turbidity would likely be related to natural causes and hence the

MCL would not control as the standard anyway

 (through the

operation

the

natural

causes

exclusion

Section

620.301)

The Board has therefore contemplated excepting the turbidity MCL

from service as a groundwater quality standard.

 The Board

requests advice on this strategy.

The standards proposed today for Potable Resource

 Groundwaters depart from one—to-one conformity with the MCLs of

the SDWA as regards carcinogens,

 in keeping with the special

emphasis on carcinogens found at Section 8(a)

 of the IGPA.

In

particular, today’s proposal specifies at Section 620.310(b)

 that

9The

 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

would

advisable

incorporate

special

provisions

 pertinent

to

 karst

 groundwater

 into

the

 Board’s

groundwater regulations.

115—1 87

—18—

no substance which is a carcinogen shall occur at

 a concentration

above its level of detection.

 For the purposes of Part 620 and

today’s proposal,

 a substance is defined at Section 620.125 as a

carcinogen

 if it is a group A,

Bl,

 B2, or C carcinogen pursuant

to USEPA Carcinogenic Risk Assessment guidelines,

51

 Fed.

 Reg.

33992-34003

 (September 21,

 1986).

 Groups A and B include known

and

probable

human

carcinogens,

respectively.

Group

includes

substances

which

are

possible

human

carcinogens.

The

Board

requests

comment

the

advisability

including

Group

carcinogens.

The

special

standards

Section

620.310(c)

for

chloride,

sulfate, and total dissolved solids

 (“TDS”)

 are proposed in

concert with the Agency’s recommendation.

 As the Agency notes,

the standards as propps~d ~re ,b~

 on,the~5.percent. confidence

concentration level from all of the groundwater monitoring

conducted by the Agency from community wate’r supply wells”

(Statement of Reasons at p. 16~

 Accordingly, the numbers for

these standards may depart from one—to-one conformity with

current or future MCLs.

In its revised proposal,

 the Agency recommends that the

standards for the four parameters, chloride,

 iron,

 sulfate, and

TDS,

 apply only to aquifers.

 The Agency’s rationale is:

there has been considerable discussion about the

merits of clean—up criteria for non—aquifers to levels

which were based on aquifer data.

 The Agency has

 revised its proposal so that the inorganic criteria

which were based upon statistically derived aquifer

data

...

 shall apply only to aquifers.

 (PC #16 at p.

19)

The Board notes that,

 as proposed today, ~

 of the

standards which apply to Potable Resource Groundwaters

 apply only

to water within aquifers,

 to the extent that Potable Resource

Groundwaters include only groundwaters which can be withdrawn at

rates of at least 150 gallons per day

 (see proposed Section

620.210(a) (2) and discussion of this Section,

 above).

Section 620.310(d) establishes a pH standard for Potable

Resource Groundwaters, consistent with the recommendation of both

the Defenders

 (Def.

 Exh.

7)

 and the Agency

 (PC #16 at

p.

 20).

Section 620.310(e)

 contains a general narrative prohibition

against the occurrence of any contaminant in concentrations that

cause adverse effects.

 This provision has been added to assure

full compliance with the IGPA’s mandate for the regulations to

address contaminants which have an “adverse effect on human

health”

 (IGPA at Section 8(a)).

 Language for this provision was

provided by the Defenders’ via Defenders’

 proposed Section

620.401(e)

 (Defenders’ Proposal at p.

5).

 However, this proposed

section contained language such as

 “hazardous to human health”

115-188

—19—

and

“endanger

public

health,

safety

welfare”.

This

terminology

has

been

problematic

proposed

 rules when reviewed

the

Joint

Committee

Administrative

 Rules

 (“JCAR”).

Therefore the Board has opted to use the term “adverse effects”.

This term had been previously defined

 in other Board rules.

The Board has also considered the possibility of making the

Human Threshold Toxicant Concentration (“HTTC”)

 as calculated

pursuant to proposed Appendix

 A, an enforceable standard under

Section 620.310.

 For the present the Board rejects this

possibility due to:

 (1) uncertainty that it would be a useful

standard

either

addition

place

the

standards

currently

proposed,

and

(2)

question

 concerning how a standard of

this

type

could

implemented

under

the

division

powers

which

exists

between

the

 Agency and the Board.

Today’s

proposal

does

not

contain

many

the

on-site,

off—

site

distinctions

present

particularly

the

Agency’s

proposal.

For

example,

 today’s proposal does

not

allow

exemption

compliance

with

Class

 I standards to otherwise potable water if

that

water

located

“on—site”10.

 The premise here would appear

that

all

right

contaminate

groundwater

long

the

groundwater

located

beneath

one’s

 own facility.

 However,

the

Board

cannot

this

premise.

Without

 attempting to

address

validity

 the assumption that one has full

 rights to

mess

one’s

own

nest

that

 the groundwaters beneath one’s

facility

constitutes

one’s

own

nest,

 the premise fails to

recognize

that

groundwater

moves

 and will not stay on—site, and

that

on-site

contamination

may

persist

long

after

the

facility

and

its

owner/operator

are

gone.

Thus,

causing

groundwater

contamination

simply a matter of whether

permissible

to mess ones’ own nest.

The Board notes that its reluctance to make on-site, off-

site distinctions

 relates to broad,

 general applicability rules.

The Board does believe that some such distinctions may be

warranted under special circumstances,

 as perhaps in the Part 615

and 616 regulations currently under consideration by the Board.

General Resource Groundwater Standards

——

 Section 620.320

Section 620.320 establishes standards for Class II: General

Resource Groundwaters.

 Because groundwaters are placed in Class

II because they are quality-limited, quantity-limited,

 or both

10The Agency’s proposal at proposed Section 620.310(b) and

(d)

would

allow

groundwater

beneath

facility

(“on—site”

groundwater)

except for groundwater on-site

of

a

 community water supply well,

meet

standards

less

stringent

than

potable

water

supply

standards

 even

 when

the

 on—site

 groundwater would

 otherwise

be

potable.

115—189

—20—

(see

discussion,

11),

necessary

that

the

standards

which

apply

these

waters

reflect

this

range

possible

attributes.

The

standards

proposed

for

non—carcinogenic

organic

chemical

constituents

Section

620.320(a)

are

based

the

MCL—

standards

proposed

for

potable

waters

(see

discussion,

16),

except

that

the

MCLs

are

increased

factor

five.

The

theory

here

that

conventional

treatment

process,

such

granular

activated

carbon,

would,

with

treatment

efficiency

80

 (Agency Exhibit

1,

p.

 41), bring

these

constituents

within

the scope of potability.

The standard proposed for each carcinogen, except as

otherwise

provided

the

Section,

its

level

detectability.

The

“natural

causes

exclusion”

Section

620.301

applies

here,

of course,

 as it does elsewhere.

 The combined effect

is

therefore to establish

 a prohibition against anthropogenic

carcinogens.

Subsection

(c)

sets

forth

various

specific

quantitative

standards

applicable

Class

groundwaters.

The

list

based

part

maximum

levels

for

livestock

enterprises

humid

area

irrigation

(Agency

Exh.

36),

representative

general

uses

which require quality somewhat less than that of potable use.

The list

 is also based in part on removal efficiency for organic

constituents.

Standards Applicable to Remedial Groundwaters

——

Section

620.330

Standards applicable to Class III: Remedial Groundwaters are

set

out

Section

620.330.

principal

intent

assure

that

groundwaters

which

have

been

degraded

require

classification as Remedial Groundwaters are not degraded still

further.

Accordingly,

the

prior-to—remnediation

standards

are

established

the

level

contaminants

which

existed

the

time of groundwater was classified as a Remedial Groundwater.

keeping

with

the

temporary

status

groundwaters

within

the remedial class,

 Section 620.330 also specifies the post-

remediation

standards

the

standards

applicable

the

class

to which the groundwater belonged prior to degradation.

 Thus,

a

Potable

Resource

Groundwater

which

was

degraded

and

thereby

classified

Remedial

Groundwater

would

have

returned

Potable

Resource

Groundwater

status.

Standards

Applicable

Limited

Use

Groundwaters

Section

620.340

The

standard

proposed

applicable

Limited

Use

Groundwaters

the

basic

nondegradation

provision

proposed

Section

620.302.

today’s

proposal

this

nexus

made

through

a special section, Section 620.340.

 However,

 the Board is not

sure

that

this

device

necessary,

since

620.302

would

apply

115—1,911

—21—

Limited Use Groundwaters even

 if 620.340 did not exist.

Interested

persons

 are requested to comment on this matter.

Standards Applicable to Special Resource Groundwaters

Section

620.350

Since a groundwater is placed

 in Class V:

 Special Resource

Groundwaters

 Dnly as the result of an affirmative action on the

part of the Board or the Agency

 (see discussion,

p.

 12),

it

is

intended that action also be the action which sets the standards

applicable to the groundwater

 in question.

 The default values

are proposed

 to be those applicable to Class

I:

 Potable Resource

Groundwaters.

Alternate Coal Mine TDS Standard

 Section 620.360

Section 620.360 proposes an alternative total dissolved

solids standard applicable to certain coal mining conditions.

Other than for an alternative placement,

 the Section is today

proposed substantially unaltered from the version proposed by the

Agency

 (see Agency’s proposed Section 620.304(f)

 in PC

 #16)

The

rationale for this Section is that in the ground—redistribution

associated with coal mining,

 groundwaters can be markedly

altered.

 The Agency explains the operation of the Section as

follows:

The alternate total dissolved solids

 (“TDS”)

criteria is based upon the maximum concentration of the

ambient TDS concentration level resulting from past

surface coal mining,

 but not to exceed 3000 mg/l.

 Such

a TDS

 level will still allow the water to be used for

irrigation,

 livestock watering,

 and other beneficial

general uses.

 In addition,

 this level also corresponds

to the lower limit established by USEPA as an exempt

aquifer pursuant to

35

 Ill. Adm. Code 730.104.

 Also,

where coal mining activity creates groundwater where no

significant resource groundwater existed prior to

mining,

 the TDS criteria for such groundwater is based

upon the maximum concentration of the ambient TDS

concentration level resulting from past surface coal

mining,

 but not to exceed 5000 mg/l.

SUBPART D: MISCELLANEOUS PROCEDURES AND PROTOCOLS

Subpart

 D contains various miscellaneous procedures and

protocols dealing with environmental protection of groundwater.

Most of these provisions are included

 in both the Defenders’

proposal

 (as Sections 620.501 and 620.502)

 and the Agency’s

revised proposal

 (PC #16 at Sections 620.310 and 620.315).

As

proposed today,

 these provisions are organized into

 a separate

Subpart.

1 15—191

—22—

Among

modifications

proposed

the

Board

are

elimination

those

portions

the

Agency

proposed

rule

which

become

unnecessary

under

the

classification

system

proposed

today,

and

 division of the subject matter into a more-easily handled four

Sections.

One substantial departure from the existing proposals

is

elimination of the distinction between on-site and off-site

standards found at the Agency’s proposed Section 620.310(b) and

(d).

 The Board is not convinced that the distinction is

justified,

 at least as

 a rule of general, applicability.

The

Board notes that

 it continues to entertain a similar proposed

distinction for the special circumstances encountered in proposed

Parts 615 and

 61611.

Section 620.405

 is an attempt to c~~rify the location of the

point of compliance for the groundwate~~ tandards of Subpart

C.

Groundwater-standards

are

intended

‘t~~

“

 ~y~fl~Si~

 ~How~ver,~

sampling of groundwater is most often

 c’

 .e after the water has

left the ground,

 as at a well head or

a

 a spring.

 The question

then arises as to whether a sample so

 c’.:.llected can be used to

determine in situ compliance.

 Section

 .20.405 is intended to

answer this question in the affirmative,

 under the theory that

such a sample,

 properly collected,

 is indicative of ~

 situ

conditions.

 The technical requirements proposed for wells are

intended to assure representative samples, as has been noted by

the

Agency

(Statement

Reasons,

21).

SUBPART

E:

 PREVENTIVE MANAGEMENT PROCEDURES AND CORRECTIVE ACTION

Subpart E sets outs preventive management procedures

applicable as rules of general applicability.

 It should be noted

that more extensive preventive management procedures already

exist

for

specific

types

land

use

activities,

such

landfilling

and

 underground storage of certain liquids, and that

the

instant

regulations

 are intended to compliment rather than to

replace these regulations.

 It should further be noted that more

extensive

preventive

management

programs

applicable

facilities

located within setback zones and regulated recharge areas are

under current,

 independent review by the

 Board12.

Applicability

—-

 Section 620.501

Section 620.501 establishes that preventive management under

Subpart E

 (although not necessarily under other law)

 is limited

new

facilities

and

existing

facilities

located

with

11See

footnote

number

12Ibid.

115—192

—23—

setback zone.

 This provision

 is as recommended by the Agency.

As the Agency notes,

 it is consistent with Section

 14.4 of the

Act,

 which prescribes more stringent provisions for those

activities or sources that are not already

 in existence.

 As the

Agency further notes, distinguishing between new and existing

sites “results in

 a gradual and manageable phase—in of these more

rigorous requirements”

 (Agency Statement of Reasons,

p.

23)

The CICI recommends that there be no distinction made

between new and existing sites

 in proposed Section 620.501

 (R. at

486;

PC

#3)

The

CICI

believes

that,

among

other

matters,

uniform

application

 triggers would minimize potential

expansion

conflicts

(R.

487-B).

While

the

 Board appreciates

the CICI’s concern,

it

not

this

 time convinced that the

problem warrants’the CICI’s solution.

It should be noted,

 however, that the grandfathering and

“phasing-in”

 of existing sites may be comparatively limited,

since existing sites

 in setback zones are ~

 grandfathered.

Setback zones are defined pursuant to the Act to include areas

surrounding all potable water supply wells, with the actual

distance dependent on the type of well

 and the local physical

conditions

 (see Sections 14.1,

 14.2,

 and 14.3

 of the Act).

Individual setbacks may be from 75 feet to 1000 feet.

 Moreover,

the number of potable water supply wells in Illinois is over

400,000.

 Thus,

 a significant portion of existing facilities will

be located within

 a setback zone as a simple function of the

density of potable water supply wells.

The Board notes a particular difficulty

 it has with a

construction

 in this Section.

It

 is use of the word “within” in

proposed 620.50l(a)(l).

 Strictly speaking,

 no site is likely to

be located “within” any body of groundwater,

 unless that site is

itself located underground.

 The Board has been tempted to

substitute the word “above”

 or “over” for the word “within”,

as

conceptually more appropriate.

 However, the Board believes that

this substitution may impart a substantially different meaning.

The Board requests comment on this matter.

Preventive Management Triggers

 Section 620.505

Section 620.505 establishes that the detection of certain

constituents

 in groundwater triggers

 a preventive management

response.

 For Class

I:

 Potable Resource Groundwaters,

a

preventive management response

 is triggered by the detection of

any of the constituents

 for which

 a Class

 I groundwater standard

exists,

 except where the constituent is present due to natural

background.

 Included are constituents with MCL5, those with

significant evidence of carcinogenicity,

 and sulfate, chloride,

and total dissolved solids

 (TDS).

 Thus,

 the compounds of

greatest concern for a potable water resource are used as

triggers for preventive management response.

115—193

—24—

The

preventive

management

triggers

for

Class

II:

General

Resource

Groundwater

are

 a subset of those for Class I.

Inorganic triggers are limited to highly toxic compounds such as

arsenic, chromium, cyanide,

 lead,

 and mercury, while the organic

triggers

are

those

compounds

concern

drinking

water

(compounds

with

current

proposed

MCLs

the

Safe

Drinking

Water Act).

 Because data

 is insufficient to accurately identify

the

average

constituency

and

usage

Class

groundwater,

the

Board

must

consider

these

triggers

adequate.

However,

given

the

inulticiplicity of ways that a groundwater may be classified as

a

Class

groundwater,

the

Board

requests

comment

the

appropriateness of these Class II triggers.

Preventive Management Response Procedures

——

Section

 620.510

Section 620.510 sets out

preventive

management

response

procedures.

 The Section generally follows similar language in

the

Agency’s

proposal.

“

Among

differences

that

today’s

proposal

Section

620.510(a)

allows

for

any

person

making

detection

confirm

the

detection

and

notify

the

appropriate

agency.

the

Agency’s

version

detection

may

determined

only

State

regulatory

agency

department,

the

owner

operator

regulated entity

 (Section 620.402 of the Agency’s original

proposal or Section 620.405 of the Agency’s Revised Proposal;

Agency Statement of Reasons, p.

 24-5).

 The Board believes that

there may be others who make valid detections and who would be

excluded

from

triggering

preventive

management

the

language

the proposed subsection.

 The reason for defining those who

detect

narrowly

not

 apparent from the record.

 Although it

possible

that

such

limitation

was

 effort to guard against

possibly

frivolous

detection

claims,

the

Board

believes

that

best

that

such

limitation

should

 be through the method

employed to

detect

and

the

confirmation

detection,

rather

 than

limiting the persons who may detect.

 Thus,

 the Board has

established

this

“check”

use

the

definition

detection,

which

limits

detection

the

method

used

rather

than

the

 person

using

it.

The

preventive

 management responsibilities

 of the

appropriate

agencies

and

those

sources

potential

sources

notified follows

 in subsections 620.510(b),

 (c),

(d),

and

(e),

essentially the same form as proposed by the Agency.

Corrective Action Triggers for Potable Resource Groundwaters

——

Section

620.515

Section 620.515 specifies the conditions and criteria which

trigger corrective action for Class

I:

 Potable Resource

Groundwaters.

 As the Agency explains this Section:

 15—19L~

—25—

This

section

 a specific response to Section 8(b)(4)

of the IGPA

 (Ill.

 Rev. Stat.

 1987,

ch.

 111 1/2,

 par.

7458(b)(4)).

 The applicable corrective action

 is that

which is required by other law or regulations governing

 the regulated entity that

 is a source of the

contamination.

 In other words,

 this section

establishes a groundwater “trigger”

 for corrective

action under other State or Federal programs.

 (Agency

Statement of Reasons,

p.

 25-6).

The Agency notes that corrective action triggers are

designed to be levels for the initiation of action,

 rather than a

cleanup goal to be achieved

(R.

 173,

 180).

 The Agency further

notes that it

 is the Agency’s intent that the Subpart C standards

would become the applicable relevant and appropriate regulations

(“ARARs”)

 which would be applied under RCRA- and CERCLA-type

programs

(R.

 at 188).

 However,

it

 is the Agency’s intent for

cleanup to be carried out under other programs

 (such as RCRA and

CERCLA), but that a facility would be cleaned-up as close to the

levels indicated

 in Subpart E as possible

(R.

 at 190).

 The Board

specifically requests comment on the appropriateness

 of these

Agency’ s perspectives.

Four triggers for corrective action are specified.

The

nature of the trigger depends

 on the nature of the contaminant.

The first category

 is based upon Secondary Maximum Contaminant

Levels (“SMCLs”)

 for seven listed constituents which have

organoleptic thresholds

 less than the health—based threshold of

the Class

 I groundwater standards;

 these are found

 in proposed

620.515(a).

 The second category consists of carcinogens

identified pursuant to proposed Section 620.310(b).

 The third

category consists of the components of gasoline,

 benzene and

BETX,

 which

 are,

 for organizational sake,

 included within the

table of 620.515(a).

 The fourth category includes any

contaminant for which a statistically significant increase above

background for any other constituent listed

 in the Class I

groundwater standards

 (i.e,

 Section 620.310).

The criteria listed at Section 620.515(a)

 are,

 with the

exception of benzene and BETX, USEPA Secondary Maximum

Contaminant levels

 (“SMCLs”).

 The Agency originally recommended

that a Board Note follow the listing of criteria,

 in the

following

 form:

Board Note:

 The criteria set forth in this subsection

are USEPA’s Secondary Maximum Contaminant Levels

(“SMCLs”)

 for the listed constituents. These SMCLs are

based upon taste and odor thresholds.

 The SMCLs are

less than tJSEPA’s Maximum Contaminant Levels

 (“MCLs”).

USEPA’s MCLS are health-based and are the criteria set

forth

Section

620.310.

The

SMCLs

listed

 subsection

 (a) are less than the corresponding MCLs for

15—195

—26—

such

constituents

because

the

taste

and

odor

threshold

is less than the health-based threshold of the MCLs.

While

the

Board

accepts

the

Agency’s

rationale

for

use

the

SMCL5

the

context

Section

620.515(a),

does

not

believe

that

use

the

Board

Note

accord

with

other

constructions

used

this

proposed

Part.

Corrective Action Triggers for General Resource Groundwaters

——

Section 620.517

Corrective

action

triggers

for

Class

II:

General

Resource

Groundwaters

are

specified

Section

620.517.

These

triggers

are

those

groundwaters

standards

applicable

Class

Potable

Resource

Groundwater

which

derive

either

from

MCL

determinations

(Section

620.310(a))

from

carcinogenicity

determinations

(Section

620.310(b)).

proposing

Class

standards

triggers

for-

±ass—II-corrective-—action;~the~Bbardfclllows

thegeneraI

perspective

the

Agency,

which

notes:

Using

 Class I triggers

 for Class II: General Resource

Groundwater

intended

 help assure that

groundwaters of this class which already comply with

Class

Potable

Resource

Groundwater

criteria

are

maintained at this better water quality level.

Detection

constituents

exceeding

this

criteria

would

cause

preventative

management

procedures

and

corrective

action

initiated.

(Agency

Statement

Reasons,

27).

Exceptions

Section

620.520

Section 620.520 sets forth a procedure for exception to

required

corrective

action.

For

the

exception

apply,

the

Agency

must

determine

that

the

owner

 or operator of an effected

facility has demonstrated one or more of four conditions.

 These

conditions

include

demonstration

that

the

source

the

contamination is due to background or that the sampling result is

due

error

sampling,

analysis,

evaluation.

exception

may

also

granted

demonstrated

the

Agency’s

satisfaction

that:

(1)

the

contamination

will

not

exceed

any

applicable

groundwater

standards

set

forth

Subpart

(2)

the

residual

environmental

 and health risks posed by the

contaminants

not

cause

 adverse effects; and

(3)

all

reasonable

actions

have

been

undertaken

minimize

the

 degree and extent of

contamination.

Lastly,

exception

may

granted

demonstrated

that

the

contamination

 is residual from

 a completed

corrective

action

accordance

with

instructions

from

the

appropriate

agency.

This

grandfathering

provision

intended

assure that final determinations that were previously made

regarding

prior

closure

actions

will

recognized.

115--

196

—27—

The general content of Section 620.520 as proposed today

follows the Agency’s proposed subsection 620.415(c).

 Among

differences

are

explicit

statement

that

owner

operator

may apply to the Agency to request a corrective action exception

and that the terms “significant hazard” have been replaced with

“adverse effects”..

 The Board believes that this provision is in

keeping with the Agency’s intent of have the demonstration made

to the Agency.

Appeal Rights

——

 Section 620.525

Section 620.525 specifies that the Agency’s exception

determination of Section 620.520

 is appealable to the Board via

the procedures for appeal of permits found at Section 40 of the

Act.

 This section is new today.

 The Board believes that an

appeals procedure

 is inherently necessary,

 and that the permit

appeal procedures already in place are appropriate for the

instant need.

SUBPART F and APPENDICES:

 HEALTH ADVISORIES

Subpart F establishes procedures for developing and issuing

Health

Advisory.

This

Subpart,

and

its

supportive

appendices,

are

today

 proposed without intended substantive change from that

proposed by both the Agency and the Defenders.

 As the Agency

explains:

Health

Advisory

means

for

the

Agency

establish a guidance level for a chemical substance or

mixture

chemical

substances

for

which

criteria

have

not

yet

been

set

under

Section

620.310.

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,

 it should be noted that this Subpart codifies

existing practice by the Agency.

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/Defender version, the Board

will not here discuss these matters further.

 The interested

person is particularly directed to the Agency’s Statement of

Reasons,

28—36,

for

discussion

and

explanation.

The

Board

does,

however,

pose

question

its

own.

That

question is: Are Subparts F and its Appendices necessary

 in light

of today’s proposed Section 620.310?

 The Board notes that at

least some of the purpose behind the Health Advisory concept

is

to allow the Agency to make recognition of contaminants which do

not otherwise have numeric standards.

 However,

 given the broad

and automatic equation of MCLs with groundwater standards

115—197

—28—

pursuant to 620.310(a), plus the detectability standard for all

carcinogens of 620.310(b),

 is there sufficient utility remaining

the

Health

Advisory

Concept

warrant

its

promulgation?

The

 Board is inclined

delete

Subpart

and

the

Appendices

from

further consideration unless an affirmative case

 is made for

their continued inclusion.

The

Board

further

notes

that

proposed

Section

620.601(b)

contained a reference to

Ill.

Adm.

Code

604.501

which

the

Board updated to 35

 Ill.

 Adm.

 Code

611.231

due

the

recent

final action implementing the SDWA in Safe Drinking Water Act

Regulations, R88-26

 (August

 1990).

 The Board requests the

Agency,

 in its review of Subpart F or any other portions of

rules,

 discuss whether any additional changes should be made in

l~ghtof these recent amendments.

ORDER

The

Board

hereby

proposes

for

First

Notice

the

following

~.:1ditionsto

35

Ill.

Adm.

Code,

Subtitles

and

The

Clerk

~e Board is directed to file these proposed amendments and rules

w~ththe Secretary of State.

115-- 198

—29—

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE

WATER

POLLUTION

CHAPTER

I:

 POLLUTION CONTROL BOARD

PART

303

WATER USE DESIGNATIONS

AND

SITE SPECIFIC

WATER QUALITY STANDARDS

SUBPART

GENERAL

PROVISIONS

Section

303.100

303.101

303.102

Section

303.200

303.201

303.202

303.303

303.204

Scope and Applicability

Multiple Designations

Rulemaking Required

SUBPART

NONSPECIFIC

WATER

USED

DESIGNATIONS

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

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 Temperature

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

303.500

303.502

I t)—IJ~)

—30—

Appendix

References

Rules

Appendix

Sources

Codified

 Sections

AUTHORITY:

Implementing

Section

and

authorized

Section

the

Environmental

Protection

Act

(Ill.

Rev.

Stat.

1987,

ch.

111

1/2,

pars.

1013

and

1027).

SOURCE:

Filed

with

the

Secretary

State

January

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.

 15’

 9, effect~ e September 22,

1989; amended in R87—36 at

 14 Ill.

 Reg.

 9460,

 fective May 31,

1990.

TITLE

35:

 ENVIRONMENTAL PROTE

ON

SUBTITLE C:

 WATER POLLUTIO’

CHAPTER I:

 POLLUTION CONTROL B.~:ARD

PART 303

WATER USE DESIGNATIONS AND SITE

SPECIFIC WATER QUALITY STANDARDS

Section 303.203

 Underground Waters

The undcrgr

put~enti~tisource

;ater

for

public

food

proce3sing

aupply

shall

meet

 the general use and public and food processing water

supply

standards

Subparts

and

Part

302-~ except

due

natural

causes.

The

underground

waters

Illinois

which

are

groundwater shall meet the standards set forth

 in 35

 111. Adm.

Code

620.

115—291)

—31—

TITLE

 35: ENVIRONNENTAL PROTECTION

SUBTITLE

 F: PUBLIC WATER SUPPLIES

CHAPTER

POLLUTION

CONTROL

BOARD

PART

620

GROUNDWATER

QUALITY

SUBPART

GENERAL

Section

620.

105

620.110

620.

115

620.

125

620.130

620.

135

Section

620.201

620.210

620.220

620.230

620.240

620.250

620.260

Section

620.301

620.305

620.307

620.

310

620.320

620.330

620.340

620.350

Purpose

Definitions

Prohibitions

Incorporations

Reference

Exemption from General Use Standards and Public and

Food Processing Water Supply Standards

Exclusion for Underground Water in Certain Man-Made

Conduits

SUBPART

GROUNDWATER

CLASSIFICATION

Groundwater

Classes

Class

Potable

Resource

Groundwater

Class

II:

General

Resource

Groundwater

Class

III:

Remedial

Groundwater

Class

IV:

Limited

Use

Groundwater

Class

Special

Resource

Groundwater

Reclassification of Groundwater by Adjusted Standard

SUBPART

 C: GROUNDWATER QUALITY STANDARDS

Compliance. Point

Sampling Procedures

Special Requirements for the Analysis of Carcinogens

Reporting Requirements

Applicability

Nondegradation

Penalty

for

Prior

 Degradation

Standards Applicable to Class

Potable

Resource

Groundwater

Standards Applicable to Class II: General Resource

Groundwater

Standards Applicable to Class III:

 Remedial Groundwater

Standards Applicable to Class

 IV: Limited Use

Groundwater

Standards Applicable to Class

V:

 Special Resource

Groundwater

620.360

Alternate

Coal

Mine

TDS

Standard

620.405

620.410

620.415

620.420

SUBPART D: MISCELLANEOUS PROCEDURES AND PROTOCOLS

15—201

Section

620.501

620.505

620.510

620.515

SUBPART

PREVENTIVE

 MANAGEMENT

PROCEDURES

AND

CORRECTIVE ACTION

Applicability

Preventive Management Triggers

Preventive

Management

Response

Procedures

Corrective Action Triggers for Class

I:

 Potable

Resource

Groundwater

620.517

 Corrective Action Triggers for Class II: General

Resource Groundwater

620.520

 Corrective Action Exceptions

620.525

Appeal

Agency

Exception

Determination

SUBPART

HEALTH

ADVISORIES

Purpose

Health

Advisory

Issuance of a Health Advisory-

Publishing

Health

Advisories

Appendix

Procedures

for

Determining

Human

 Threshold

Toxicant Advisory Concentration for Class

I:

Potable

Resource

Groundwater

Procedures for Determining Hazard Indices for

Class

Potable

Resource

Groundwater

for

Mixtures

of Similar-Acting Substances

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

Ill.

Reg.

effective

NOTE:

 Capitalization denotes statutory language.

Section

620.601

620.605

620.610

115—202

—33-

SUBPART A: GENERAL

Section 620.105

 Purpose

This Part prescribes various aspects of groundwater quality,

including method of classification of groundwaters, 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,

 par.

 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.).

“Adverse Effect” means any gross or overt effect on an

organism,

 including but not limited to reversible

histopathological damage,

 severe convulsions,

irreversible functional

 impairment and lethality,

as

well as any non—overt effect on an organism resulting

in functional impairment or pathological lesions which

may affect the performance of the whole organism, or

which reduces the organism’s ability to respond to an

additional

 challenge.

“Agency” means the Illinois Environmental Protection

Agency.

“Appropriate agency” means the agency responsible for

regulating

facility

with

respect

groundwater,

including the Environmental Protection Agency,

 Illinois

Department of Public Health,

 Illinois Department of

Mines and Minerals, pursuant to 35

 Ill.

 Adm.

 Code

704.193; 724.Subpart

 F; 730.107; 73l.Subpart F;

 750;

807.313;

 807.318;

 811;

 Ill. Rev.

 Stat 1989,

ch.

111

1/2,

 par.

 1022.3;

 Ill.

 Rev.

 Stat.

 1989,

ch.

96

 1/2,

pars.

 7901.01

 et seq.;

 and 62

 Ill. Adm.

 Code 1700

—

1850.

 For facilities that are not regulated with

respect to groundwater by any other state

 agency,

the

appropriate agency is 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.

 (Ill.

 Rev. Stat.

 1989,

ch.

111

 1/2,

 par.

115—203

—34—

7453(b)).

For

the

purposes

this

Part,

“economically

useful”

means

150

gallons—per—day

water.

“BETX”

means

the

sum

the

concentrations

benzene,

ethylbenzene,

toluene,

and

xylenes.

“Board”

means

the

Illinois

Pollution

Control

Board.

“Carcinogen”

means

chemical,

complex

mixture

closely related chemicals,

 which has been determined

in

accorda~icewith USEPA Guidelines for Carcinogenic Risk

Assessment,

 incorporated by reference at Section

620.125,

 to be a group A,

B1,

 B2 or C carcinogen.

“COMMUNITY

WATER

SUPPLY”

 MEANS~A

PUBLIC SUPPLY..

WHICh.

SERVES

INTENDED

SERVE

 LEAST

SERVICE

CONNECTIONS USED BY RESIDENTS OR REGULARLY SERVES AT

LEAST 25 RESIDENTS.

 (Ill.

 Rev.’ St~t’. 1989,

ch.

 111 1/2

par.

 1003.05).

“CONTAMINANT” MEANS ANY SOLID,

 LIQUID,

 OR GASEOUS

MATTER, ANY ODOR,

OR

ANY

FORM OF ENERGY,

 FROM WHATEVER

SOURCE.

 (Ill.

 Rev.

 Stat.

 1989,

ch.

111

 1/2,

 par.

1003.06)

“Corrective action” means those actions, such as

monitoring and clean up actions, that may be imposed by

an appropriate agency when a determination has been

made pursuant to Subpart E that contamination of

groundwater has taken place and are necessary to

prevent a violation of the standards set forth in

Subpart

C.

“Detect”

 “detectable” or “detection”

 means found at:

USEPA’s Method Detection Limit as described

 in 54

Fed. Reg.

 22100,

 incorporated by reference in

Section 620.125;

or

USEPA’s Method Quantification Limit as described

in “Test Methods for Evaluating Solid Wastes”,

incorporated by reference in Section 620.125.

“Ecologically Vital Groundwater” means

 a groundwater

classified according to the criteria specified at

Section 620.205.

“Existing site” means a site that

 is not a new site.

“Facility” means all contiguous

 land and structures,

other appurtenances and improvements on the land used

for the treating,

 storing,

 handling,

 or disposal of any

material which causes that unit to be regulated under

115—204

—35—

this Part.

 A facility may consist of one or more

operational units.

“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).

“Groundwater standard” means

any

the

water

quality

standards for groundwater set forth in Subpart

C.

“Groundwater Protection Act” means the Illinois

Groundwater Protection Act

 (Ill.

 Rev.

 Stat.

 1989,

ch.

111 1/2, pars.

 7451 et seq.).

“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.

“LOAEL”

“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.

 A LOAEL may be determined for a

human population

 (LOAEL-H)

 or an animal population

(LOAEL-A).

“MAJOR RECONSTRUCTION”

MEANS

 THE FIXED CAPITAL COST OF

NEW COMPONENTS CONSTRUCTED WITHIN A 2-YEAR PERIOD

EXCEED 50

 OF THE FIXED CAPITAL COST OF A COMPARABLE

ENTIRELY NEW FACILITY.

 New components

 do not include

any components necessary for pollution control.

 (Ill.

Rev.

 Stat.

 1989,

ch.

 111 1/2,

 par.

 1003.59).

“Natural background” means the level of constituents in

groundwater not caused by human activity.

“New site” means

 a site that,

 after the effective date

of this Subpart:

Has changed

 zones

 from property class to

commercial business,

 commercial office,

or

industrial;

or

Is not a site for agricultural production and:

Undergoes major reconstruction;

or

115—205

—36—

Contains

new

potential

primary

secondary

source.

“NOAEL”

“No

observable

adverse

effect

level”

means

the

highest

tested

concentration

chemical

substance

which

does

not

produce

statistically

significant increase in frequency or severity of non—

overt adverse effects between the exposed population

and its appropriate control.

 A NOAEL may be determined

for

human

population

(NOAEL-H)

animal

population

(NOAEL-A).

“NON-COMMUNITY WATER SUPPLY” MEANS A PUBLIC WATER

SUPPLY

THAT

NOT

COMMUNITY

WATER

SUPPLY.

(Ill.

Rev.

Stat.

1989,

ch.

111

1/2

par.

1003.05).

‘“Operator”

means-the

person

responstble’for

the

overall

operation of a facility or unit.

“Owner” means the person who owns a site or part of a

site,

who

owns

the

land

which

the

site

located.

“POTABLE”

MEANS

GENERALLY

FIT

FOR

HUMAN

CONSUMPTION

ACCORDANCE WITH ACCEPTED WATER SUPPLY PRINCIPLES AND

PRACTICES.

(Ill.

Rev.

Stat.

1989,

ch.

111

1/2,

par.

7453 (h))

“POTENTIAL PRIMARY SOURCE” MEANS

ANY

UNIT

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 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.

 (Ill.

 Rev.

Stat.

 1989,

ch.

 111 1/2, par.

 1003.59).

“POTENTIAL ROUTE” MEANS ABANDONED

AND

IMPROPERLY

PLUGGED

WELLS

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.

 (Ill.

 Rev. Stat.

1989,

ch.

 111 1/2, par.

 1003.58).

115—206

—37—

“POTENTIAL

SECONDARY

SOURCE”

MEANS

ANY

UNIT

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 SAME PERSON,

 OTHER THAN

LIVESTOCK

AND

LANDSCAPE WASTE,

AND

CONSTRUCTION

AND

DEMOLITION

DEBRIS;

STORES

ACCUMULATES

ANY

TIME

THAN

25,000

BUT

NOT

THAN

75,000

POUNDS

ABOVE

GROUND,

 THAN

2,500

BUT

NOT

THAN

7,500

POUNDS

BELOW

GROUND,

ANY

 HAZARDOUS SUBSTANCES; OR

STORES

ACCUMULATES

ANY

TIME MORE

THAN

25,000

GALLONS ABOVE GROUND,

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 COMNERCIAL 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 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.

 1003.60)

“Practical Quantitation Limit” or “PQL” means the

lowest concentration or level that can be measured

within specified limits of precision and accuracy

during routine laboratory operating conditions as set

forth in “Test Methods for Evaluating Solids Wastes,

Physical/Chemical Methods”,

 incorporated by reference

in Section 620.125,

 or “Methods Manual for Organics

in

Drinking Water”,

 incorporated by reference

 in Section

620.

125.

“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”.

 (Ill.

 Rev.

Stat.

 1989,

ch.

 111 1/2 par.

 1003.28).

ii 5—207

—38—

“Regulated

entity”

means

facility

unit

regulated

for groundwater protection by any State or federal

agency.

“REGULATED

 RECHARGE

AREA”

MEANS

COMPACT

GEOGRAPHIC

AREA,

DETERMINED

THE

BOARD

pursuant

Section

17.4

the

Act,

THE

 GEOLOGY OF WHICH RENDERS A POTABLE

RESOURCE

GROUNDWATER

PARTICULARLY

SUSCEPTIBLE

CONTAMINATION.

(Ill.

Re’,’-.

Stat.

1989,

ch.

111

1/2

par.

1003.67)

“RESOURCE GROUNDWATER”

 M::ANs GROUNDWATER THAT IS

PRESENTLY BEING OR IN THE FUTURE CAPABLE OF

BEING

PUT

TO BENEFICIAL USE BY REASON OF BEING OF SUITABLE

QUALITY.

(IL

 Rev. Sta..

 1989,

ch.

111

 1/2, par.

7453(j)).

“Return

flow”

means

~

 .water~thatroturns~to~the’

ground’s surface or to

 ~epth of biologic activity.

“SETBACK ZONE” MEANS A G:~OGRAPHICAREA,

 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.

 (Ill.

 Rev.

 Stat.

 1989,

ch.

111

1/2 par.

 1003.61).

“SITE” MEANS ANY LOCATION,

PLACE,

TRACT

LAND,

AND

FACILITIES,

 INCLUDING BUT NOT LIMITED TO BUILDINGS,

AND

IMPROVEMENTS USED FOR PURPOSES SUBJECT TO REGULATION OR

CONTROL BY THIS ACT OR REGULATIONS THEREUNDER, and the

Groundwater Protection Act or regulations thereunder.

(Ill.

 Rev. Stat.

 1989,

di.

 111 1/2,

 par.

 1003.61)

“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

 Ill.

 Adm.

Code:

 Subtitle F.----NOTE:

 DIFFERENT FROM 615

DEFINITION

“Unit”

means

ANY

DEVICE,

MECHANISM,

EQUIPMENT,

AREA

(EXCLUSIVE OF

LAND

UTILIZED

ONLY

FOR

AGRICULTURAL

PRODUCTION).

 (Ill.

 Rev.

 Stat.

 1989,

ch.

 111 1/2,

 par.

1003.62)

115—208

—39—

“USEPA” or “U.S.

 EPA” means the United States

Environmental Protection Agency.

Section 620.115

 Prohibition

No person shall cause,

 threaten or allow a violation of the Act,

the Groundwater Protection Act or 35

 Ill. Adm.

 Code:

 Subtitle

F

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:

EMSL.

 Available from Environmental Monitoring

Systems Laboratory, Office of Research and

Development, USEPA,

 Cincinnati,

 Ohio 45268,

 (513-

569—7562)

“Methods for Chemical Analysis of Water and

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

020,

 (March 1983)

“Methods for the Determination of Organic

Compounds in Drinking Water,”

 EPA, EMSL,

 EPA-

600/4—88/039

 (Dec.

 1988)

GPO.

 Available from:

 Superintendent of Documents,

U.S. Government Printing Office, Washington,

 D.C.

20401,

 (202—783—3238)

“Practical Guide for Ground—Water Sampling,”

EPA Publication No. EPA/600/2—85/l04

(September

 1985)

“RCRA Groundwater Monitoring Technical

Enforcement Guidance Document,” EPA

Publication No. OSWER-9950.l

 (September

1986)

“Test Methods for Evaluating Solid Wastes,

Physical/Chemical Methods,”

 EPA Publication

No. SW-846

 (Third Edition,

 1986,

 as amended

by Revision

I

 (December 1987).

USEPA Guidelines for Carcinogenic Risk

Assessment,

Fed.

Reg

33992—34003

(September 24,

 1986).

CFR

141

(1989)

CFR

300

(1989)

115-- 209

—40—

Fed.

Reg.

22100

(May

22,

1989).

USGS.

Available

from:

Distribution

Branch,

United

States Geological Survey,

 604 South Pickett

Street,

 Alexandria,

 VA 22304,

 (703—648—7411):

“Techniques

Water

Resources

Investigations

the

United

States

Geological

Survey,

Guidelines

 for Collection and Field Analysis

Ground-Water

Samples

for

Selected

Unstable

Constituents,” Book

 I, Chapter D2

 (1981).

This

Section

incorporates

later

editions

amendments.

Section 620.130

 Exemption from General Use Standards

and

Public

and

Food

Processing

water

Supply-’

Standards

Groundwater

not

 required to meet the general use standards and

public

and

food

processing

water

supply

standards

Ill.

Adm.

Code

302.Subparts

and

Section

620.135

Exclusion

for

Underground

Water

Certgain

Man-Made

Conduits

This

Part

does

not

apply

 underground waters contained in

subsurface drains, tunnels,

 reservoirs,

 storm sewers,

 tiles or

sewers.

115—210

—41—

SUBPART

GROUNDWATER

CLASSIFICATION

Section

620.201

Groundwater

Classes

All

groundwaters

the

State

belong

one

the

following

five

classes

groundwater

accordance

with

criteria

specified

Sections

 620.210 through 620.250:

Class

Potable

Resource

Groundwater;

b)

 Class II: General Resource Groundwater;

C)

Class

III:

Remedial

Groundwater;

Class

IV:

Limited

Use

Groundwater;

Class

Specia-1--Resource~’Gro~undwat’er-.-

Section 620.210

 Class

I:

 Potable Resource Groundwater

groundwater

Potable

Resource

Groundwater

if:

Its

natural

background

less

than

equal

the

maximum

contaminant

levels

(MCL5)

found

Ill.

Adm.Code

61l.Subpart

can

withdrawn

rate

greater

than

563

liters per day

 (150 gallons per day).

groundwater

meets

the

criteria

subsection

(a)

except

that

the

concentrations

one

the

following

naturally

occurring

constituents

exceed

the

standards

subsection

(a)

(I),

but

can

treated

meet

the

 standards of subsection

 (a) (1), then such

groundwaters shall also belong to Class

I:

Iron;

Manganese;

Radioactive

constituents.

Section 620.220

 Class II: General Resource Groundwater

groundwater

General

Resource

Groundwater

not

Class

I,

 III,

IV,

 or V groundwater in accordance with

criteria

specified in Section 620.210, Section 620.230, Section 620.240 or

Section

620.250.

Section

620.230

Class

III:

Remedial

Groundwater

groundwater

Remedial

Groundwater

is:

115—211

—42—

a)

 Contaminated groundwater from

 a site listed on the:

1)

 National Priorities List

 (40 CFR 300),

as

incorporated

 by reference in Section 620.125;

or

State

Remedial

Action

Priorities

List

(35

Ill.

Adm.

 Code 860.210),

 except those sites that are

listed

the

Remediated

Releases

Group.

b)

 Contaminated groundwater from leaking underground

 storage tank sites that are the subject of corrective

action

approved

the

Agency

under

Section

22.18(b)

the

Act,

until

 corrective action at such sites

is

completed.

c)

 Groundwater within an area which

the

subject

corrective

action

 approved by’the Agency ‘under~35‘Ill.

Adm.

 Code 724.Subpart F,

 until corrective action is

completed.

d)

 Groundwater that is undergoing corrective action under

35 Ill.

 Adm.

 Code: Subtitle

 F, until corrective action

is completed.

e)

 Groundwater at a coal mining site permitted by the

Illinois Department of Mines and Minerals under the

Surface Coal Mining Land Conservation and Reclamation

Act

(Ill.

Rev.

Stat.

1989,

ch.

1/2,

pars.

7901.01

seq.,

 as amended) and 62

 Ill. Adm.

 Code 1700

 1850 for

which

the

hydrologic

balance

disturbed,

groundwater

within

 an underground coal mine,

 or within the area

from which overburden has been removed

 at a coal mining

site, until reclamation and related groundwater

 monitoring have been completed.

f)

 Groundwater within a previously mined area, until

groundwater

monitoring

pursuant

Ill.

Adm.

Code

1700

—

 1850 demonstrates that the groundwater is

capable of beneficial use.

 For purposes of this

subsection

 (d) (6),

 the term “previously mined area”

means land disturbed or affected by earlier coal mining

operations that was not reclaimed in accordance with 62

Ill.

 Adm.

 Code 1700

—

1850.

g)

 Groundwater found by the Board to require remedial

action in any proceeding conducted

 in accordance with

Section 620.260.

Section 620.240

 Class IV: Limited Use Groundwater

Limited Use Groundwater

is:

1 l5—~i12

—43—

Groundwater

that

naturally

contains

than

10,000

mg/L of total dissolved solids;

b)

 Groundwater which has been designated by the Board as

an exempt aquifer pursuant to 35 Ill.

 Adm.

 Code

730.104;

or

c)

 Groundwater found by the Board, pursuant to the

procedures set forth in Section 620.260, to have a

concentration or one or more contaminants which renders

 the groundwater unsuitable for potable or general use.

Section 620.250

 Class V: Special Resource Groundwater

a)

A

roundwater

 is a Special Resource Grpun~water_iLi~

is;

1)-

 Foun&+

 Board,

 purs-u-an--t-e-proeedure~s---set

forth

i

 ection 620.260, to warrant the

applica

Jfl

of a water quality standard different

from th~ otherwise applicable water quality

standar

 specified

 in Subpart C; or

2)

 Designated by the Agency based on the criteria

developed pursuant to subsection

(b)

as

ecologically vital,

 in that the groundwater

provides the return flow for a particularly

sensitive ecological system.

b)

 The Agency,

 in cooperation with the Department of

Conservation

and

the

Department

Energy

and

 Natural

Resources,

 shall develop a regulatory proposal

for

the

designation of Ecologically Vital Groundwaters based on

available information, including, but not limited to,

information concerning wetlands, endangered species,

threatened sp~cies, natural areas and aquatic systems.

The Agency shall present such proposal for classifying

Ecologically

 Vital Groundwaters to the Board for

adoption.

Section 620.260

 Reclassification of Groundwater by Adjusted

Sta:~idard

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

106.Subpart

 G, and Section 28.1(c)

 of the Act, the petition

shall, at a minimum, contain information to allow the Board to

determine:

115—213

—44—

The

specific

groundwater

for

which

reclassification

requested,

including

but

not

limited

geographical

extent

any

aquifers,

depth

groundwater,

and

rate

and

direction

groundwater

flow;

Whether

the

proposed

change

use

restriction

necessary

for

economic

social

development,

providing

information

including,

but

not

limited

to,

the

impacts

the

standards

the

regional

economy,

social

disbenefits

such

loss

jobs

closing

facilities,

and

economic

analysis

contrasting

the

health and

environmental

benefits

with

costs

likely

to

be incurred in meeting the standards would be

beneficial

necessary;

c)

 Existing and anticipated uses of the specific

groundwater;

~)

Existing

and

anticipated

quality

the

specific

groundwater;

e)

 Existing and anticipated contamination,

 if’ any,

 of the

specific

groundwater;

Technical

feasibility

and

economic

reasonableness

eliminating

reducing

contamination

the

specific

groundwater

maintaining

existing

water

quality;

g)

All

technically

feasible

 and economically reasonable

methods are being used to prevent the degradation of

groundwater

quality

The

anticipated

time

period

over

which

contaminants

will

continue

affect

the

specific

groundwater;

Existing

and

anticipated

impact

any

potable

water

supplies

due

either

contamination

interruption;

j)

Availability

and

cost

alternate

water

sources

treatment

for

those

users

adversely

affected;

Negative

positive

effect

property

values;

and

For

return

flow

groundwater,

negative

positive

effect

on:

The

quality

surface

waters;

and

Wetlands,

natural

areas,

and

the

life

contained

therein,

including

endangered

threatened

species

 of plant,

 fish or wildlife listed pursuant

the

Endangered

Species

Act

U.S.C.

~531

seq.,

the

Illinois

Endangered

Species

.115—214

—45—

Protection

Act

(Ill.

Rev.

Stat.

1989,

ch.

par.

331

seq.).

115—215

—46—

SUBPART C: GROUNDWATER QUALITY STANDARDS

Section

620.301

Applicability

Groundwaters

shall

meet

the

standards

appropriate

the

groundwaters’

class,

specified

this

Subpart,

except

where

due

natural

background.

Section

620.305

Nondegradation

Groundwaters

whose

existing

quality

better

than

the

water

quality

standards

this

 Subpart at the effective cate of this

Part shall be maintained at their existing high quality.

 Such

waters

shall

 not be lowered in quality unless and until

 it is

affirmatively demonstrated that such char:~ewill

 no-i

 interfere

with or become injurious to any appropriate benefit

 al uses made

of,

presently

possible

in,

 such waters and that

 ch chanqe is

justifiable

a~resu1t’of

necessary

economic’or~’

a1

development.

Section 620.307

 No Penalty for Prior Degradaticn

person

shall

liable

for

penalties

assessed

the

State

under

this

Part

for

degradation

groundwater

caused

lawful

activities

that

took

place

prior

the

effective

date

this

Part.

b)

 Nothing

 in this Section shall limit the authority of

the Board, the Agency or any other appropriate agency

to require corrective action.

Section 620.310

 Standards Applicable to Class

I::

 Potable

Resource

Groundwater

standards

are

the

same

the

maximum

contaminant levels

 (MCLs) specified in 35 Ill.

 Adm.

Code

611.Subpart

except

otherwise

specified

this

Section.

the

event

that

Ill.

Adm.

Code

611.Subpart

specifies

than

one

MCL

for

any

given

contaminant, the Class

 I groundwater standard is the

more restrictive MCL.

The

groundwater

standard

for

constituent

identified

as a carcinogen,

 as defined at Section 620.110, shall

be at the concentration at which the constituent is

detected as defined at Section 620.110.

c)

 Miscellaneous constituents:

Standard

Constituent

(mc;/L)

Chloride

200

Sulfate

400

115—216

—47—

Total

Dissolved

Solids

(TDS)

1200

shall

not

less

than

6.5

nor

than

9.0.

Contaminants

must

not

present

concentrations

which,

alone

combination

with

other

substances,

cause adverse effects.

Section 620.320

 Standards Applicable to Class II: General

Resource

Groundwater

The

groundwater

standard

for

any

organic

chemical

constituent

shall

five

times

the

standard

applicable

Class

groundwater,

determined

pursuant

Section

620.310(a)

,x~pt.,

otherwise

provided.

,in~.

this

Section.

Except—a~---otherwise

provided’

 ±n—subsect±on~c~ttx~~

groundwater

standard

for

 a constituent identified as a

carcinogen,

defined

 at Section 620.110, shall be at

the

concentration

which

the

constituent

 detected

defined

Section

620.110.

C)

 Miscellaneous constituents:

Standard

Constituent

(mg/L)

Barium

Boron

Cadmium

0.5

Chloride

200

Chromium

1.0

 Cobalt

1

Copper

1.3

Cyanide

0.6

ortho—Dichlorobenzene

1.5

Ethylbenzene

1.0

Fluoride

0.2

Lead

0.1

Mercury

0.1

Nickel

2.0

Selenium

0.02

Sulfate

400

Toluene

5.0

Total Dissolved Solids

 (TDS)

1200

Zinc

10

d)

 pH shall not be less than 6.5 nor more than 9.0.

Section 620.330

 Standards Applicable to Class

 III:

 Remedial

Groundwater

115—217

—48—

Prior

the

completion

remediation

reclamation,

groundwater

standards

shall

equal

the

existing

concentrations

contaminants

the

groundwater

underlying

the

site,

determined

groundwater

monitoring.

Except

provided

subsection

(c),

standards

achieved

for

remediation

reclamation

Class

III:

Remedial

Groundwater

shall

the

groundwater

standards

appropriate

that

groundwater’s

class,

set

 forth

this

Subpart.

proceeding

conducted

pursuant

the

procedures

Section

620.260,

the

Board

may

specify

standards

for

remediation

and

reclamation

dif.Lerent.irom

those,

of,

subsection

(b).

Such

standards

shall

apply

only

the

groundwaters specifically identified

 in the proceeding.

Section

620.340

Standard

Applicable

Class

IV:

Limited

Use

Groundwater

The

groundwater

standard

applicable

Limited

Use

Groundwaters

is the nondegradation standard of Section 620.305, except as

determined

 in a proceeding pursuant to Section 620.260.

Section

620.350

Standards

Applicable

Class

Special

Resource

Groundwater

Unless

determined

otherwise

the

proceeding,

pursuant

Section

620.260,

which

the

groundwater

was

classified

Class

the

standard

for

any

substance

the

standard

applicable

Class

Potable

Resource

Groundwater

pursuant

Section

620.

310.

Section

620.360

Alternate

Coal

Mine

TDS

Standard

This

section

shall

apply

only

the

coal

mine

has

been

permitted

the

Illinois

Department

Mines

and

Minerals,

pursuant

Ill.

Adm.

Code

1700

—

 1850,

and

applicable

groundwater

quality

monitoring

has

been

performed

and

reported

such

Department.

Sections

620.310,

620.320,

620.330,

620.340

and

620.350

notwithstanding,

after

reclamation

coal

mine

has

been

completed,

the

concentration

total

dissolved

solids

(TDS)

shall

not

exceed:

The

post-mining

ambient

level

3000

mg/L,

whichever

less,

for

groundwater

within

area:

Bounded

perimeter

located

200

feet

around

the

area

from

which

overburden

has

been

removed;

115—218

—49—

From

which

coal

has

been

extracted

from

underground

coal

mine;

The

post-mining

ambient

level

5000

mg/L,

whichever

less,

for

groundwater

underground

coal

mines

and

areas

reclaimed

after

surface

coal mining if

the

Illinois

Department

Mines

and

Minerals

and

the

Agency

pursuant

Ill.

Adm.

Code

1700

-1850

have

determined

that

resource

 groundwater existed prior to mining.

115—219

—50—

SUBPART

MISCELLANEOUS

PROCEDURES

AND

PROTOCOLS

Section

620.405

Compliance

Point

Compliance

with

the

standards

Subpart

shall

determined

any

spring

the

point

discharge

from

the

spring

any

well

that

meets

one

the

following

criteria:

a)

 The well has been permitted by the Department of Public

Health

the

Department

Mines

and

Minerals,

pursuant

Ill.

Adm.

Code

1700

1850,

has

been

located

and

constructed

(or

reconstructed)

meet

the

Illinois

Water

Well

Construction

Code

(Ill.

Rev.

Stat.

1989,

ch.

111

1/2,

pars.

116.111

seq.,

amended)

and

Ill.

Adin.

Code

920.

The

well

has

been

permitted

the

Agency

pursuant

Ill.

Adm.

Code

602.101

 or~6’O’2.1O’2;~or”iias

‘been

constructed

accordance

with

standards

adopted

the

Agency

pursuant

Ill.

Adm.

Code

602.115.

The

well

monitoring

well

which

meets

the

following

minimum

criteria:

Well

casings

and

screens

are

made

from

material

resistant

expected

chemical

physical

degradation,

and

are

made

materials

that

not

interfere

with

the

quality

groundwater

samples

being

collected.

Well

casings

and

screens

are

made

from

fluorocarbon

resins,

stainless

steel,

other

similarly

inert

material

the

saturated

zone

the

well

casings

screens

may

interfere

with

the

sampling

results.

The

annular

space

opposite

the

screened

section

the

well

(i.e.,

the

space

between

the

bore

hole

and

well

screen)

are

filled

with

gravel

sand

order

collect

groundwater

samples.

The

annular

space above and below the well screen are to be

sealed

prevent

migration

water

from

adjacent

formations

and

the

surface

the

sampled

depth.

Section

620.410

Sampling

Procedures

Any

sample

taken

make

demonstration

pursuant

this

Subtitle

shall

collected

accordance

with

the

procedures

set

forth in the documents listed in Section 620.125(a) (4) through

(a)

(9),

except

that:

For

potable

well

other

than

community

water

supply

well,

the

sample

shall

be,taken

sample

tap

located

prior to any treatment or at the nearest tap to the

potable water well.

115—220

—51—

For

community

water

supply

well,

the

sample

shall

taken

the

sample

tap

prior

any

treatment.

For

water

well

other

than

potable

water

well

(e.g.,

a livestock watering well or an irrigation well), the

sample

shall

taken

point

prior

any

 treatment

chemical

addition.

d)

 For a monitoring well, the sample shall

 be withdrawn

from

the

well

and

filtered

prior

inorganic

analysis

with

 a 0.45 micron filter.

 Groundwater elevation in

the

groundwater

monitoring

well

must

determined

an’~

recorded

each

time

groundwater

sampled.

For

spring,

the

sample

shall

taken

the

point

discharge

prior

any

mixing

with

surface

waters

and

-shall

filtered

-p~er—te inor~anic-

a-l-ys-is-with-—a-

0.45

micron

filter.

Section

 620.415

 Special Requirements for Analysis of

Carcinogens

The

analytical

methodology

used

for

the

analysis

carcinogens

must

consistent

with

both

the

following:

a)

 The methodology must have a PQL at or below the

groundwater

standards

set

forth

this

Subpart;

and

The

methodology

must

consistent

with

those

methodologies listed in the documents listed in

Section

620.125(a)(8)

and

(a)(9).

Section 620.420

 Reporting Requirements

a)

 This Section shall not apply to activities subject to

Ill.

Adm.

Code

615.Subpart

6l6.Subpart

units subject to Subpart F of 35

 Ill. Adm. Code 724.

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, the PQL5 and

115—221

—52—

quality

assurance/quality

control

methodology)

and

Chain

custody

control.

Ii

—53—

SUBPART

E:

 PREVENTIVE MANAGEMENT PROCEDURES

AND

CORRECTIVE ACTION

Section

 620.’SOl

 Applicability

a)

 This Subpart applies to:

1)

 New sites located within Class

I:

 Potable Resource

Groundwater,

 Class II: General Resource

Groundwater or Class V:

 Special Resource

Groundwater.

2)

 Existing sites located within

 a setback zone.

b)

 Nothing in this Subpart shall

 in any way limit the

authority of the Board,

 of the State or of the United

States

require

perform

any

corrective

action,

reclamation,

 or clean-up,

 including but not limited to

removal

remedial

action,

under

any

State

Federal

law

regulation.

Section 620.505

 Preventive Management Triggers

preventive

management

response

under

Section

620.510

shall

undertaken:

Whenever

there

detection

 Class

I:

Potable

Resource

Groundwater

any

contaminant

for

which

groundwater standard exists pursuant to Section

620.310(a),

(b)

or

 (c), except where the contaminant is

present due to natural background.

b)

 Whenever there is a detection

in

 a Class II: General

Resource Groundwater of:

1)

 Arsenic, cadmium, chromium,

 cyanide,

 lead or

mercury, except due to natural background; or

2)

 Any of the following constituents is detected:

Alachlor

Aldicarb

Atrazine

Benzene

Carbofuran

Carbon

tetrachloride

Chlordane

Chlorobenzene

4—D

ortho—Dichlorobenzene

para-Dichlorobenzene

1, 2-Dichloroethane

1, l-Dichloroethylene

115—223

—54—

cis-l,

2-Dichloroethylene

trans—i,

2-Dichloroethylene

1, 2—Dichioropropane

Endrin

Ethylbenzene

Heptachlor

Heptachlor epoxide

Lindane

Methoxychlor

Pentachlorophenol

Phenols

Polychlorinated

biphenyls

Styrene

4,

5—TP

Tetrachioroethylene

Toluene

Toxaphene

1,1,

l-Trichloroethane

Trichioroethylene

Vinyl chloride

Xylenes

Section 620.510

 Preventive Management Response Procedures

a)

 Any person making a detection of a contaminant pursuant

to Section 640.405 shall:

1)

 Confirm the detection by resampling and

reanalysis.

 Resampling shall be made within 30

days of the date upon which the results of the

original sample analyses were received.

2)

 If the resample analysis confirms the detection,

notify the appropriate agency within 30 days of

the date on which the results of the sample

analyses are received, but no later than 90 days

after the results of the original sample were

received.

b)

 If the sampling location is

 a community water supply

well and the Agency receives notice under subsection

(a)

 that

 a detection has been confirmed,

 the Agency

shall notify the owner or operator of any potential

primary source, potential secondary source, potential

route, or community water supply well known to the

Agency that is located within 3,000

 feet of the

sampling location indicating the detection.

c)

 If the sampling location is a non-community water

supply well or if multiple private water supply wells

may be adversely affected,

 and the Department of Public

Health receives notice under subsection

(a)

 that

a

detection has occurred,

 the Department of Public Health

115—224

—55—

shall conduct a sanitary survey within 500 feet

 of the

sampling location.

d)

 The owner or operator notified under subsection

(b)

shall,

within

days

the

date

issuance

such

notice,

 sample each of its own water wells or

monitoring wells for the parameter identified in the

notice if the parameter or material containing such

parameter is or has been stored,

 disposed,

 or otherwise

handled at the site.

 If a constituent identified under

Section 620.505

 is detected, then the water well shall

be resampled within 30 days of the date on which the

first sample analyses are received.

 The results of

each analysis shall be reported to the Agency within 90

days of the date of issuance of the notice.

e)

 If the Agency receives notice under subsection

 (a) that

contaminant

identified

under

Section

620.505(a)

has

been

detected,

the

Agency

shall:

Conduct

well

site

survey

pursuant

Section

17.1(d)

the

Act,

such

survey

has

not

been

previously

conducted

within

the

last

years;

and

2)

 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.

Section 620.515

 Corrective Action Triggers for Class

I:

Potable Resource Groundwater

Corrective action shall take place if

 a constituent is detected

pursuant to Section 620.505(a) and one or more of the following

exist:

Any

the

following

concentrations

exceeded:

Concentration

Constituent

 (rng/L)

BETX

 0.095

Pentachlorophenol

 0.03

para—Dichlorobenzene

0.005

ortho-Dichlorobenzene

0.01

Ethylbenzene

0.03

Styrene

0.01

Toluene

 0.04

Xylenes

0.02;

b)

 For a constituent other than those identified in

subsection

(a)

 the constituent

is

 a carcinogen and the

115—225

—56—

groundwater standard at Section 620.310(b)

 is exceeded;

For

constituent

other

than

those

identified

subsections

(a)

or

 (b),

 a statistically significant

increase occurs above background

 (as determined

pursuant

 other regulatory procedures

 (e.g.,

Ill.

Adm.

 Code 616 or 724))

 for a constituent for which

there

 is a groundwater standard pursuant to Section

620.310.

Section 620.517

 Corrective Action Triggers for Class

II:

General Resource Groundwater

Corrective action shall take place

 if a constituent

 is detected

pursuant to Section 620.505(b)

 and any of the groundwater

standards identified

 in Section 6~0.3l0(a) or

(b)

 is exceeded.

Section 620.520

 Corrective Action Exceptions

Corrective action shall take place unless the Agency specifies in

 writing upon application of the owner or operator that the owner

or operator has demonstrated that:

a)

 The source of contamination

 is due to natural

background;

The

detection

resulted

from

error

sampling,

analysis,

 or evaluation; or

The

contamination

will

not

exceed

the

criteria

set

forth

 in Subpart

C,

 the contaminants do not cause

adverse effects, and all actions have been undertaken

to ensure the degree and extent of contamination

is

reduced; or

d)

 The contamination is as

 a result of contaminants

remaining in groundwater from a prior release for which

corrective action was undertaken

 in accordance with

instructions

 from the appropriate agency.

Section 620.525

 Appeal of Agency Exception Determination

An Agency determination under Section 620.520 shall be appealable

to the Board pursuant to the procedures of Section 40 of the Act.

115—226

—57—

SUBPART

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

groundwater standards under Section 620.310, must be considered

by the Agency in:

Establishing

groundwater

cleanup

action

levels

whenever there is a release or substantial threat of a

release

of:

hazardous

substance

pesticide;

Other

contaminant

that

creates

may

create

immediate

danger

public

health

the

environment.

‘

--~-~--~-

~—-—-—

b)

 Determining whether the community water supply is

taking

its

raw

water

from

the

“best

available

source

which

economically

reasonable

and

 technologically

possible”

required

under

Ill.

 Adin.

Code

611.231

c)

 Developing rulemaking proposals for new or revised

numerical groundwater standards.

d)

 Evaluating mixtures of chemical substances,

 including

but not limited to those substances for which numerical

standards have been set under Section 620.310.

Section 620.605

 Issuance of a Health Advisory

a)

 The Agency shall issue

 a Health Advisory for a chemical

substance or mixture of chemical substances if all of

the

following

conditions

are

met:

community

water

supply

well

sampled

and

substance

mixture

chemical

substances

detected

and

confirmed

resampling;

There

groundwater

standard

under

Section

620.310

for

such

chemical

substance

there

standard for one or more substances contained in a

mixture

chemical

substances;

and

The

chemical

substance

mixture

chemical

substances

 is toxic or harmful to human health in

accordance

with

the

procedures

Appendix

The

Health

Advisory

shall

contain

general

 description

the

characteristics

 the chemical substance,

the

115—227

—58—

potential

adverse

health

effects,

and

guidance

level

determined

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 shall

 be the

Maximum

Contaminant

Level

Goal

 (“MCLG”)

 adopted by

USEPA

for

such

substance.

there

MCL,G

for

the

substance,

the

guidance

level

shall

the

Human

Threshold

Toxicant

Advisory

Concentration

for

such

substance

determined

accordance

with

Appendix

unless

the

concentration

for

such

substance

less

than

the

lowest

PQL

for

the

substance.

the

concentration

for

such

substance

less

than

the

lowest

PQL

for

the

substance,

the

guidance

level

the

lowest

PQL.

the

chemical

substance

a-carcinogen,

the

guidance

level

for

any

such

chemical

substance

shall

the

lowest

PQL

for

such

substance.

3)

 If mixtures of similar—acting chemical substances

are present,

 the level for such substances shall

be determined

 in accordance with Appendices A,

B,

and C.

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.

15—22S

—59—

Section

620.Appendix

Procedures

for

Determining

Human

Threshold

Toxicant

 Advisory

Concentration

for

Class

Potable

Resource

Groundwater

For

those

substances

for

which

USEPA

has

 not adopted a

Maximum Contaminant Level Goal

 (MCLG),

the

Human

Threshold Toxicant Advisory Concentration shall

be

calculated as follows:

HTTAC

 RSC x ADE/W

Where:

HTTAC

 Human Threshold Toxicant Advisory

Concentration in milligrams per liter

 (nig/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)

 shall be

used;

ADE

Acceptable

Daily

Exposure

substance

milligrams

per

day

(mg/d)

determined

pursuant to subsection

 (b); and

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)

 shall 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.

1 5—22~~

—60—

3)

 For those substances

 for which 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 shall be used

 in the calculation of the

ADE.

For

those

substances

for

which

only

lowest

observed

adverse

effect

level

for

humans

 (LOALL--

exposed

the

substance

has

been

derived,

o:rie-

tenth

the

LOAEL-H

shall

substituted

for

the

NOAEL-H

subsection

(b)

(3).

For

those

substances

for

which

observed

ads’

effect

level

has

 been derived from studies of—

mai-ninalian test species

 (NOAEL-A) exposed to

t:

substance,

 the ADE equals the product of

multiplying 1/100

 of the NOAEL-A given in

milligrams toxicant per kilogram of test speci

weight per day

 (mg/kg/d)

 by the average weight

uf

an adult human of 70 kilograms

 (kg)

 Preferenc-a

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,

 as defined

 in subsection

(c)

shall be considered

 if no studies having High

Validity are available.

 If studies of Low

Validity,

 as defined

 in subsection

 (c) must be

used,

 the ADE shall be calculated using 1/1000

of

the NOAEL-A having Low Validity instead of 1/103

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

shall 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 voluue of

water consumed by the mammalian test species

in liters per day

 (L/d)

 and divided by the

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 ~--nsumed

Ii 5-23~

—61—

(mg/kg),

prior

calculating

the

ADE,

the

NOAEL-A must be multiplied by the average

amount

kilograms

food

consumed

daily

the mammalian test species

 (kg/d)

 and divided

by the average weight of the mammalian test

species in kilograms

 (kg).

the

mammalian

test

species

was

not

exposed

the

toxicant

each

day

the

test

period,

the NOAEL-A must be multiplied by the ratio

days

exposure

the

total

days

the

test

period.

than

one

equally

valid

NOAEL-A

available

,for

the

same

mammalian

test

species,

the

best

available

data

shall

used.

For

those

substances

for

which

NOAEL-A

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

subsection

(b)

(5).

The

LOAEL-A

shall be selected in the same manner as that

specified

subsection

(b)

(5).

One—tenth

the

LOAEL-A from a

study

determined

have

Medium

Validity may be substituted for a NOAEL-A in

subsection

(b)

(5)

the

NOAEL-A

from

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

the

study

having

the

NOAEL-A

Low

Validity.

Procedures

for

Establishing

Validity

Data

from

Animal

Studies

High

Validity

Studies

A)

 High validity studies use a route of exposure

by ingestion or gavage,

 and are based upon:

Data

from

animal

carcinogenicity

studies

with

 a minimum of

2

dose

levels

and

control group,

 2 species, both sexes,

with 50 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;

115-231

—62—

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 mic

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

minimum

 3 dose levels and control,

species,

both

sexes,

animals

per

dose

per

sex

for

non—rodent

species

animals

per

dose

per

sex

for

rodent

species,

duration

approximately

percent of

the

test

species’

lifespan,

and a well-defined NOAEL.

Supporting studies which reinforce the

conclusions of a study of Medium Validity may

be considered to raise such a study to High

Validity.

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 criteria for a High

Validity

Study;

Data

from

animal

carcinogenicity

and

chronic

studies

which

least

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 criteria for a High Validity Study;

C

 Data from animal subchronic or chronic

studies

which

Lowest

Observable

Adverse

Effect

Level

(LOAEL)

determined,

but

which

otherwise satisfy the criteria for a High

Validity Study; or

115—232

—63—

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 criteria for a High Validity

Study

 with correction

 factors for

conversion

the

oral

route.

Low

Validity

Studies

Low Validity Studies are studies not meeting the

criteria

set

forth

subsection

(c)

(1)

(c)

(2).

11 ~—233

—64—

Section 620.Appendix B

 Procedures for Determining Hazard

Indices for Class

I:

 Potable Resource

Groundwater

for

Mixtures

Similar—

Acting

Substances

a)

 This appendix describes procedures for determining the

maximum amount of similar—acting substances, determined

pursuant to Appendix C, which may be present as a

mixture in Class

 I: Potable Resource Groundwaters

for

the protection of human health.

 Except as provided

otherwise in subsection

(c)

subsections

(d)

through

(h)

describe

the

procedure

for

determining

the

Hazar:~

Index for mixtures of similar-acting substances.

b)

 For the purposes of this appendix,

 a “mix~ure”means

two or more substances which are present in Class

I-

Potable Resource Groundwater which may or may not L

related either chemically orcOrnfnercially, but whi~

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 are mixtures of similar acting

substances:

Mixtures

ortho—Dichlorobenzene

and

para—

Dichlorobenzene.

The

Hazard

Index

(“HI”)

for

such

mixtures

shall

determined

follows:

 ortho—Dichlorobenzene\0.6

+

para—Dichlorobenzene

\O.O75

Mixtures

1,1-Dichloroethylene

and

1,1,1-

trichloroethane.

 The Hazard Index

 (“HI”)

 for such

mixtures shall be determined as follows:

HI

 l,1—Dichloroethylene\O.007

+

1,1,

l—trichloroethane\0.

ci)

 When

two

substances

occur

together

mixture,

the

additivity

the

toxicities

some

all

the

substances

will

considered

when

determining

health

based

criteria

for

 Class

I:

 Potable

Resource

Groundwater.

This

done

the

use

dose

addition

 model with the development of a Hazard

Index

for

the

mixture

substances

with

 similar—

acting

toxicities.

 This method does not address

synergism or antagonism.

 Guidelines for determining

when

the dose addition of similar—acting substances

:Ls

appropriate

are

presented

Appendix

The

Hazard

Index

 shall be calculated as follows:

115—234

—65—

HI

 A\AL-A

+

 B\AL-B

+

 I\AL-I

Where:

HI

 Hazard Index,

 unitless.

A,

B,

I

 Concentration of each

similar—acting substance in groundwater in

milligrams per liter

 (mg/L).

AL-A,

 AL-B, AL-I

 The acceptable level of

each similar—acting substance in the mixture

in milligrams per liter

 (mg/L).

e)

 Fo~r substances which are considered to have a threshold

m~~ianism of toxicity, the acceptable level

is:

 The groundwater standard listed -in’ ‘Section

620.310; or

2)

 For those substances for which groundwater

standards have not been established in Section

620.310, the Human Threshold Toxicant Advisory

Concentration

 (HTTAC)

 as determined

 in Appendix A.

f)

 For substances which are carcinogens,

 the acceptable

level

is:

The

groundwater

standards

listed

Section

620.310;

For

those

substances

for

which

groundwater

standards have not been established under Section

620.310, the lowest PQL of USEPA—approved

analytical methods for each substance.

g)

 Since the assumption of dose addition is most properly

apçlied to substances that induce the same effect by

similar modes of action,

 a separate HI shall be

generated for each toxicity endpoint of concern.

h)

 In addition to meeting the individual substance

objectives,

 a Hazard Index shall

 be less than or equal

to

 1 for a mixture of similar—acting substances.

115—235

—66—

Section 620.Appendix

C

 Guidelines for Determining When Dose

Addition of Similar-Acting Substances in

Class

 I: Potable Resource Groundwaters

is Appropriate

a)

 Substances shall be considered similar—acting

if:

1)

 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

oftcxicity

 (threshold’ toxicantsvs- ~carcinogens) shall

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)

 shall not be considered mixtures, as defined

in Appendix

B.

 Such complex mixtures shall be

considered to be 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 shall be the lowest PQL of USEPA-approved

 analytical methods.

IT IS SO ORDERED.

Board Members J. Anderson, J.D. Dumelle and B.

 Forcade

concurred.

I,

 Dorothy M. Gunn,

 Clerk of the Illinois Pollution Control

Board,

 hereby certif

 that the above

 pi ion and Order was

adopted ~

 day of

 1990, by

k?~~L~J_

Dorothy

M.

 unn, Clerk

Illinois Pollution Control Board

115—236