iLLI:~OiS PDLLUT~.ON CONTROL
    BOARD
    )eptenber
    27,
    1990
    IN
    THE
    MATTER
    OF:
    SAFE
    DRINKING WATEP
    ACT
    290—13
    UPDATE
    (171/90
    -
    6/30/93)
    (Pulemaking~
    PROPOSAL
    FOR
    PUB~
    C
    CCMMrHT
    PROPOSED
    OPINION
    TND
    ORDER
    OF
    THE
    BOARD
    (by
    U.
    Arde~sor):
    Pursuant to
    ~ction17.5
    the Environmental
    Protection Act
    (Act),
    the
    Board
    is proposing
    to update
    regulations which
    are identical
    in
    substance
    to USEPA
    regulations imple~~
    theSafe~D~rJnkircyWater Act .(SDOA).
    The
    Board
    rules
    are contained
    in
    11.
    Adm. Code
    611.
    The Board
    will
    receive
    public
    comment
    or this P~opoL
    until
    45 days after
    the date of
    publication
    in~
    the Illinois Registe.
    Section 17.5 of the Act
    ovides for quick
    adoption of regulations which
    are ‘identical
    in
    substance” ~
    federal
    regulations;
    Section
    17.5 provides
    that Title
    VII
    of the Act
    and
    .E;ection
    5 of
    the Illinois Adninistrative
    Procedure Act
    (APA)
    shall
    rot
    upply.
    Because
    this rulemaking
    is
    not
    subject
    to Section
    5
    of the APA,
    it
    is
    not subject
    to first
    notice
    or
    to
    second notice
    review
    by the Joint Committee
    r’n Administrative Rules
    (JCAR).
    The SDWA prog~anwas
    aw~from 40 CFR
    141
    and
    143 (1989).
    Only one
    amendment occured during this update batch:
    55 Fed. Reg.
    25064
    June
    19,
    1990
    The
    amendments
    are
    cor~ec:i
    or’s
    to federal
    regulations published June
    29,
    1989,
    and
    incorpo~atedinto
    tho
    Board
    rules
    in
    R88—26.
    Most
    of
    the
    corrections
    were
    mace
    by
    the
    Tharo
    on
    o~iginal adoption.
    Hi
    STORY
    OF
    SDWA
    PROGRAM
    The
    SDWA
    rules
    were
    recencly
    adopted
    in
    Docket
    R88-26.
    The
    Board
    entered
    a
    Proposed
    Opinion
    and
    Order
    or’
    October
    5,
    1989.
    The
    proposal
    appeared
    on
    December
    1,
    1989,
    at
    13
    111.
    Peg.
    18690.
    Following
    the
    public
    comment
    period,
    the
    Board
    adopted
    a
    “Final”
    Op
    non
    and
    Order
    on
    May
    24,
    1990.
    The
    Board
    then
    allowed
    a
    post—adoption
    cori~en~
    period.
    On
    August
    9,
    1990,
    the
    Board
    withdrew
    the
    May
    24
    Opi ni on
    and Order,
    and
    substi tuted
    a
    new
    Opi non
    and
    Order.
    The
    final
    rules
    will
    uppea-
    in
    tea illinois Register
    in
    the near future.
    On
    Septembe
    13,
    1990,
    in
    R9O—21,
    the
    Board
    proposed
    corrections
    to R88—
    26.
    Those
    corecti
    or’s
    di ffe~ ~rom the
    co-rectiors
    in
    this
    Docket,
    which
    ai
    se
    from
    USEPA
    corrections
    publiseec
    in
    the Federal
    Register.
    The Board
    could
    have proposed
    the
    290-21
    con~e’:tions in this Docket, but did
    not
    do
    so.
    Combining
    the
    Dockets
    would
    haie
    entailed
    a
    delay
    in
    R90-21
    while
    the
    Board
    researched
    the
    Federal
    Register
    to
    identify
    USEPA
    actions
    during
    this
    update
    115—243

    -2-
    period.
    Therefore,
    R9O—21 will
    proceed
    in
    parallel
    with
    this
    Docket.
    The
    actions
    on
    the
    SDWA
    rules
    are
    summarizec
    as
    follows:
    R88-26
    August
    9,
    1990;
    Original
    adoption
    (through June 30, 1989)
    R9O-4
    Dismissed June 21,
    1990
    (no USEPA
    amendments
    July
    1
    through December
    31,
    1939)
    R90-13
    This Docket
    (January
    1,
    1990 tho~ughJune
    30,
    1990)
    R90-21
    Proposed September
    13,
    1990;
    (Corrections
    to R88-26)
    GENERAL DISCUSSION
    The amendments derive from
    a
    single USEPA action
    correcting the June 29,
    19.89,- fi-Itration
    and disinfection ~ul.es.(55
    Fed.
    Reg.
    25064, June
    19,
    1990).
    Most
    of these
    are typographical
    errors which
    the Board discovered
    and
    corrected
    in
    adopting R88-26.
    Only two corrections
    result
    in
    any change to
    the
    Board
    rules.
    SECTION—BY-SECTION
    DISCUSSION
    Section
    611.325
    This Section
    is derived
    from 40 CFR
    141.63.
    Subsection
    (d)(5)
    was
    amended
    in item
    17
    at
    55 Fed. Reg. 25064.
    This amendment concerns the “wellhead protection program”
    which
    is
    defined
    in Section 611.101,
    and which was discussed
    at
    page
    41
    in
    the August
    9,
    1990, Opinion
    in R88-26.
    Illinois
    is
    in
    the process
    of developing
    a
    wellhead protection program which will
    be submitted
    to USEPA for
    approval
    under Section
    1428 of the SDWA.
    This will
    include the “groundwater protection
    needs
    assessment” under Section
    17.1 of the Act,
    and
    regulations
    to
    be
    adopted
    in
    35 Ill. Adm. Code 615 through 620.
    40 CFR 141.63(d)
    lists
    BATs for achieving conipliarce with the micro-
    biological
    revised MCLs.
    As originally adopted, subsection
    (d)(5)
    listed
    “development
    ...
    of
    an
    approved ~ellheadp-otection program”
    as
    a BAT by which
    a
    PWS could
    comply with
    the microbiological
    MOLs.
    However,
    it
    is the State
    which
    “develops”
    the wellhead protection
    p’ogram,
    not the PWS.
    This amendment
    changes this
    to
    “compliance with an
    approved wellhead pnotection program”,
    and
    limits
    the applicability to
    PWSs using
    groundwater.
    The USEPA amendment specifies the details
    of the
    approval
    process.
    However,
    in R88-26 the Board discovered these,
    and
    placed them
    in
    the
    definition
    in Section 611.101.
    There
    is
    no need
    to repeat
    them
    in
    this
    Section.
    Also,
    with
    the Board’s formulation,
    the similar problems
    in
    Section
    611.212, 611.232
    and
    611.524,
    which
    USEPA hasn’t
    noticed yet,
    are fixed.
    Section 611.521
    This Section
    is
    darived from 40 CFR 141.21(a).
    Section 141.21(a)(’i)
    was
    115—244

    -3-
    amended
    in
    item 4
    at
    55 Fed.
    Reg.
    25064.
    This
    is
    subsection
    (d)
    in
    the Boad
    rule.
    The existing
    rule sets
    a special
    sampling r’ovision for
    small
    supplies
    using
    groundwate.
    The
    amerunient
    limits
    this
    to
    supplies
    using
    “only”
    groundwater.
    ORDER
    The
    Board
    proposes
    to
    amend
    35
    ill.
    Acm.
    Code
    611
    to
    read
    as
    follows.
    The
    Board
    will
    receive
    written
    puol i c
    comment
    for
    a
    pen
    od
    of
    45
    days
    afte~
    the
    date
    of
    publication
    in
    the Illinois Register.
    TITLE
    35:
    ENVIROUIENTgL
    PROTECT1Th
    SUBTITLE
    F:
    PUBLIC
    WATER
    SUPPLIES
    CHAPTER
    1:
    POLLUTION
    CONTROL
    BOARD
    PART
    611
    PRIMARY DRINK:UG
    WATER
    STAThARDS
    SUBPARC
    :
    GENERAL
    Secti on
    611.100
    Purpose, Scope
    and Applicability
    611.101
    Definitions
    611.102
    Incorporations
    by Refererce
    611.103
    Severability
    611.108
    Delegation to Local
    Government
    611.109
    Enforcement
    611.110
    Special Exception Pemnits
    611.111
    Section
    1415 Va-iances
    611.112
    Section 1416 Variances
    611.113
    Alternative Treatment Tech~’iques
    611.114
    Siting requirements
    611.115
    Source Water Quality
    611.120
    Effective dates
    611.121
    Maximum Contaminant
    Levels
    611.125
    Fluoridation Requirement
    611.126
    Prohibition
    on Use
    of
    Lead
    SUBPART
    3:
    FILTRAION AND DISINFECTION
    Section
    611.201
    Requiring
    a Demonstration
    611.202
    Procedures
    for Agency Determinations
    611.211
    Filtration Required
    611.212
    Groundwater under
    Direct influence of Surface Water
    611.213
    No
    Method
    of HPC Analysis
    611.220
    General
    Requirements
    611.230
    Filtration Effective Dates
    611.231
    Source Water Quality Conditions
    611.232
    Site—specific Conditions
    611.233
    Treatment
    Technique
    Viol ations
    611.240
    Disinfection
    611.241
    Unfiltered
    PWSs
    611.242
    Filtered
    PUSs
    611.250
    Filtration
    115—245

    -4-
    611.261
    Unfiltered
    PWSs:
    Reporting and Recordkeeping
    611.262
    Filtered
    PWSs:
    Reporting and Reco-dkeeping
    611.271
    Protection
    during Repair Work
    611.272
    Disinfection following Repair
    SUBPART
    C:
    USE
    OF
    NON-CENTRALIZED
    TREATMENT
    DEVICES
    Section
    611.280
    Point-of-Entry Devices
    611.290
    Use of
    other Non—centralized T-eatment
    Devices
    SUBPART
    F:
    MAXIMUM
    CONTAMiNANT
    LEVELS
    (MCL’S)
    Section
    611.300
    Inorganic
    Chemicals
    611.310
    Organic
    Chemicals
    611.311
    VOCs
    611.320
    Turbidity
    611.325
    Microbiological Contaminants
    611.330
    Radium and Gross Alpha Particle Activity
    611.331
    Beta Particle and Photon Radioactivity
    SUBPART
    K:
    GENERAL
    MONITORING
    AND
    ANALYTICAL
    REQUIREMENTS
    Secti on
    611.480
    Alternative Analytical
    Techniques
    611.490
    Certified Laboratories
    611.491
    Laboratory Testing Equipment
    611.500
    Consecutive
    PWSs
    SUBPART L:
    MICROBIOLOGICAL MONITORING
    AND
    ANALYTICAL REQUIREMENTS
    Section
    611.521
    Routine Coliform Monitoring
    611.522
    Repeat Coliform Monitoring
    611.523
    Invalidation
    of
    Total
    Coliform
    Samples
    611.524
    Sanitary Surveys
    611.525
    Fecal
    Coliform
    and
    E.
    Coli
    Testing
    611.526
    Analytical
    Methodology
    611.527
    Response
    to
    Violation
    611.531
    Analytical
    Requirements
    611.532
    Unfiltered
    PWSs
    611.533
    Filtered
    PWSs
    SUBPART
    M:
    TURBIDITY
    MONITORING
    AND
    ANALYTICAL
    REQUIREMENTS
    Section
    611.560
    Turbidity
    SUBPART
    N:
    INORGANIC
    MONITORING
    AND
    ANALYTICAL
    REQUIREMENTS
    Section
    611.601
    Requirements
    611.602
    Violation
    of
    State
    MCL
    611.603
    Frequency
    of
    State
    Monitoring
    611.606
    Analytical
    Methods
    611.607
    Fluoride
    Monitoring
    611.610
    Special
    Monitoring
    for
    Sodium
    115—246

    —5—
    SUBPART
    0:
    ORGANIC
    MONITORING
    AND
    ANALYTICAL
    REQUIREMENTS
    Sampling
    and
    Analytical
    Requirements
    Analytical
    Methods
    Sampling
    for
    VOCs
    Monitoring
    for
    36
    Contaminants
    Analytical
    Methods
    for
    36
    Contaminants
    SUBPART
    P:
    THM
    MONiTORING AND
    ANALYTICAL
    REQUIREMENTS
    Sampling,
    Analytical
    ard
    other
    Requiemerts
    Reduced
    Moni toring
    Frequency
    Averaging
    Analytical
    Methods
    Modification
    to
    System
    SUBPART
    Q:
    RADIOLOGICAL
    MONITORING
    AND
    ANALYTICAL
    REQUIREMENTS
    Analytical
    Methods
    Gross
    Alpha
    Manmade
    Radioacti vity
    SUBPART
    T:
    REPORTING,
    PUBLIC
    NOTiFICATION
    AND
    RECORDKEEPING
    Appendix A
    Appendix
    B
    Appendic
    C
    Table A
    Table
    B
    Table
    C
    Mandatory
    Health
    Effects
    information
    Percent
    Inactivation
    of
    G. Lamblia Cysts
    Common
    Names
    of
    Organic
    Chemicals
    Total
    Coliforin Monitoring Frequency
    Fecal
    or Total
    Col iform Density Measurements
    Frequency
    of
    RDC
    Measurement
    AUTHORITY:
    Implementing Sections
    17
    and 17.5 and autho’ized
    by Section
    27
    of
    the Environmental
    Protection Act
    (Ill. Rev.
    Stat.
    1989,
    ch.
    111
    1/2,
    pars.
    1017,
    1017.5
    and 1027.
    SOURCE:
    Adopted
    in R88-26
    at
    14
    Ill.
    Reg.
    amended
    in R9O—21
    at
    14 Ill.
    Reg.
    amended
    in R90—13
    at
    14
    Iii.
    Reg.
    effective
    effective
    effective
    Secti on
    611.641
    611. 645
    611.648
    611. 650
    611.657
    Section
    611. 680
    611. 683
    611.684
    611. 685
    611. 686
    Section
    611.720
    611.731
    611.732
    Secti on
    611.830
    611.831
    611.832
    611.833
    611.840
    611.851
    611.852
    611. 853
    611.854
    611.855
    611.856
    611.858
    611. 860
    611.870
    Applicability
    Monthly
    Operating
    Report
    Notice
    b5’ Agency
    Cross Connection Reporting
    Reporting
    Reporting
    MCL
    and other
    Violations
    Reporting other Violations
    Notice
    to
    New
    Billing
    Units
    General
    Content
    of
    Public
    Notice
    Mandatory Health Effects Language
    Fluoride Notice
    Fluoride Secondary Standard
    Record Maintenance
    List
    of
    36
    Contaminants
    115—247

    -6-
    SUBPART
    F:
    MAXUIUM
    CONTAMINANT
    LLVELS
    (MCL ‘S)
    Section 611.325
    Microbiological Contaminants
    a)
    The
    MCL
    is
    based
    on
    the
    peserce
    or
    abserce
    of
    total
    coliforms
    in
    a
    sample,
    rather
    than
    coliform
    density.
    I)
    For
    a
    supplier which collects
    at
    IEH5:
    40
    samples per month,
    if
    no
    more
    than
    5.0 percent
    of
    the
    soosles
    collected
    during
    a
    month
    are total
    coliform-positive,
    the
    supplier
    is
    in
    compliance
    with
    the
    MCL
    for
    total
    coiiforJTls.
    2)
    For
    a
    supplier which
    collects
    fewer
    than
    40
    samples
    per
    month,
    if
    no
    more
    than
    one
    s;
    pie
    collect
    during
    a
    month
    is
    total
    coliform-positive, the
    supplier
    i
    ~ compliance with the
    MCL
    for total
    colifornis.
    b)
    Any
    fecal
    coliform-positive repeat
    sac
    a
    or
    E.
    coli-positive
    repeat
    sample,
    or
    any total
    coliform—positive
    ~apeatsample following
    a
    fecal
    coliform-positive or E.
    coli—pos
    ye routine
    sample,
    constitutes
    a violation of
    the
    MCL
    for
    :tal
    coliforms.
    For
    purposes
    of the
    public
    notification
    requirements
    Section
    611.851
    et
    seq.,
    this
    is
    a
    violation that may
    pose
    an
    acute risk
    to health.
    c)
    A supplier shall
    determine compliance ~iththe MCL
    for total
    coliforms
    in
    subsections
    (a)
    and
    (b)
    for
    each month
    in which
    it
    is
    required
    to
    monitor
    for
    total
    ooliformns.
    d)
    BATs for achieving compliance
    with
    the MCL
    for total
    coliforms
    in
    subsections
    (a)
    and
    (b):
    1)
    Protection
    of wells from contanina~ionby
    coliforms by
    appropriate placement and const~uo~on;
    2)
    Maintenance
    of RDC throughout
    the
    oistribution system;
    3)
    Proper maintenance
    of the dist-ibut
    ion
    system
    including
    appropriate
    pipe
    replacement
    and
    rapai r
    procedures,
    main
    flushing
    programs,
    proper
    operat Hr
    and
    maintenance
    of
    storage
    tanks
    and
    reservoirs
    and continual
    maintenance
    of positive water
    pressure
    in
    all
    pats
    of
    the
    distHbutior
    system;
    4)
    Filtration
    and
    disinfection
    of
    suHace
    water,
    as
    described
    in
    Subpart
    B,
    or
    disinfection
    of
    ThoJr:u:ater
    using
    strong
    oxidarts
    such
    as
    chlorine,
    chlorine
    dioxioc
    o~ozone;
    or
    5)
    —the ëeve~op~e~t
    a~44e~ePt~~eF
    ef a~
    appFeved—For
    systems
    using groundwater,
    compliance
    with
    tre
    wellhead protection
    program,
    after USEPA approves
    the p~ogram.
    BOARD NOTE:
    Derived from 40 CFR
    141.63
    (1989),
    as
    amended
    at
    54
    Fed.
    Reg.
    27562,
    June
    29,
    1909.
    115—248

    (Source:
    Amended
    at
    14 Ill.
    Peg.
    ,
    effective
    SUBPART
    L:
    MiCROBIOLOGICAL MONITORING AND ANALYTICAL REQUIREMENTS
    Section
    611.521
    Routine Coliform Monitoring
    a)
    Suppliers
    shall
    collect
    total
    coliform samples
    at sites
    which ae
    representative
    of water throughout
    the d~stnbutionsystem according
    to
    a
    written
    sample
    siting
    plan,
    which
    must
    be
    approved
    by
    by
    special
    exception
    permit.
    b)
    Toe
    monitoring
    frequency
    for
    total
    coliforms
    for
    CWSs
    is
    based
    on
    the
    populat~onserved
    by
    the
    CWS,
    as
    set foth
    in Table
    A.
    If
    a
    CWS
    serving
    25
    to
    1,000
    persons
    •has
    no
    histoy
    of
    total
    coliform
    contamination
    in
    its
    current configuration
    and
    a sanitary survey
    conducted
    in
    the
    past
    five years shows
    that the CWS is
    supplied
    solely
    by
    a
    protected
    groundwater
    source
    and
    is
    free
    of
    sanitary
    defects,
    the
    Agency
    shall
    reduce
    the
    monitoring
    frequency
    specified
    in
    Table
    A,
    except
    that
    in
    no
    case
    shall
    th~
    Agency
    reduce
    the
    monitoring
    frequency
    to
    less
    than
    one
    sample
    per
    quarter.
    The
    Agency
    shall
    approve
    the
    reduced
    monitoring
    frequency
    by
    special
    exception
    permit.
    c)
    The
    monitoring
    frequency
    for
    total
    coliforms
    for non—CWSs
    is
    as
    fol
    1 ows:
    1)
    A
    non—CWS
    using
    only
    groundwater
    (except
    groundwater
    unde
    the
    direct
    influence of
    surface water,
    as
    determined
    in Section
    611.212)
    and serving
    1,000 persons
    or fewer
    shall
    monitor each
    calendar
    quarter
    that
    the
    system
    provides
    water
    to
    the
    public,
    except
    that
    Public
    Health
    shall
    reduce
    this
    monitoring
    frequency
    if
    a
    sanitary
    survey
    shows
    that
    the
    system
    is
    free
    of
    sanitary
    defects.
    Beginning
    June
    29,
    1994,
    Public
    Health
    cannot
    reduce
    the
    inoni toring
    frequency
    for
    a
    nor—CWS
    using
    only
    groundwater
    (except
    groundwater
    under
    the
    direct
    influence
    of
    surface
    water)
    and serving 1,000
    persons
    or fewer
    to
    less than once pe
    year.
    2)
    A non-CWS using only groundwater
    (except groundwater under the
    direct
    influence of
    surface water)
    and serving more than 1,000
    persons
    during any month
    shall
    monitor
    at the same frequency
    as
    a
    like—sized CWS,
    as
    specified
    in subsection
    (b),
    except
    Public
    Health
    shall
    reduce this monitoring frequency
    for any month the
    system
    serves
    1,000
    persons
    or
    fewe.
    Public
    Health
    cannot
    reduce
    the
    monitoring
    to
    less than once per year.
    For systems
    using groundwater
    under
    the direct
    influence of
    surface water,
    subsection
    (c)(4)
    applies.
    3)
    A
    r’on—CWS
    using
    surface
    water,
    in
    total
    or
    in
    part,
    shall
    noni tor
    at
    the
    same
    frequency
    as
    a i~ke—si zed
    CWS,
    as
    specified
    in
    subsection
    (b),
    regardless
    of
    the
    number of
    persons
    it
    serves.
    115—249

    -8-
    4)
    A
    nor—CWS
    using
    groundwater
    unde-
    the
    direct
    influence
    of
    surface
    water,
    shall
    monitor
    at
    the
    same
    frequency
    as
    a
    like—
    sized
    CWS,
    as
    specified
    in
    subsection
    (b).
    The supplier
    shall
    begin
    monitoring
    at
    this
    frequency
    beginning
    six
    months
    after
    Public
    Health determines that
    the groundwater
    is
    under toe
    direct
    influence
    of
    surface
    water.
    d)
    The
    supplier
    shall
    collect
    samples
    at
    -egular
    tine
    intervals
    throughout
    the
    month,
    except
    that
    a
    supplier
    which
    uses
    only
    groundwater
    (except
    groundwater
    unde~ the
    direct
    influence
    of
    surface
    water)
    and
    se’~ves 4,900
    persons
    or
    fewe-,
    may
    collect
    all
    requied
    samples
    on
    a
    single
    day
    if
    they
    are
    taken
    from
    different
    sites.
    e)
    A
    PWS
    that
    uses
    surface
    water
    or
    groundwater
    under
    the
    direct
    influence of
    surface water,
    and
    does
    not practice fiit~ationin
    compliance with Subpart
    B,
    shall
    collect
    at least
    one sample
    near the
    first
    service
    connection
    each
    day
    the
    turbi.dity
    level
    of
    the
    source
    water, measured
    as
    specified
    in Section 611.532(b),
    exceeds
    1
    NTU.
    This
    sample
    must
    be
    analyzed
    for
    the
    presence
    of
    total
    coliforms.
    When
    one
    or
    sore turbidity measurements
    in
    any
    day
    exceed
    I
    NTU,
    the
    supplier
    shall
    collect
    this
    coliform
    sample within
    24 hours
    of the
    first
    exceedance,
    unless
    the
    Agency
    has
    determined,
    by
    special
    exception
    permit, that the
    supplier,
    for logistical
    reasons outside
    the supplier’s control, cannot
    have the sample
    analyzed within
    30
    hours
    of
    collection.
    Sample
    results
    from
    this
    coliform
    monitoring
    must
    be
    included
    in
    determining
    compliance
    with
    the
    MCL
    for
    total
    coliforms
    in
    Section
    611.325.
    f)
    Special
    purpose
    samples,
    such
    as
    those
    taken
    to
    determine
    whether
    disinfection practices are sufficient following pipe placement,
    replacement
    or
    repair,
    must
    not
    be
    used
    to
    determine
    compliance
    with
    the
    MCL
    for
    total
    coliforms
    in
    Section
    611.325.
    BOARD
    NOTE:
    Derived
    from
    40
    CFR
    141.21(a)
    (1989),
    as
    amended
    at
    54
    Fed.
    Reg.
    27562,
    June
    29,
    1989.
    (Source:
    Amended
    at
    14
    111.
    Reg.
    ,
    effective
    IT
    IS
    SO ORDERED.
    I, Dorothy N.
    Gunn,
    Clerk
    of the Illinois Pollution Control
    Board,
    hereby
    certify that the above Opinion
    and Order was adopted
    on the
    ~‘~/
    day
    of
    ~‘
    ,
    1990, by
    a vote of
    Dorothy
    M.
    Gun~, Clerk
    Illinois Pollution Control
    Board
    115—250

    Back to top