ILLINOIS
POLLUTION
CONTROL
BOARD
December
20,
1990
IN
THE
MATTER
OF:
)
SAFE
DRINKING
WATER
ACT
)
r~0—l3
UPDATE
(1/1/90
-
6/30/90)
)
(Rulemaking)
FINAL
ORDER.
ADOPTED
RULES.
OPINION
AND
ORDER
OF
THE
BOARD
(by
a.
Anderson):
Pursuant
to Section 17.5 of the Envirorm~entalProtection
Act
(Act), the
Board
is updating its regulations which are identical in substance to USEPA
regulations
implementing
the
Safe
Drinking
Water
Act (SDWA).
The Board rules
are
contained
in
35
Ill.
Adm.
Code
611.
Section
17.5
of
the
Act
provides for
quick
adoption
of
regulations
which
are
“identical
in
substance’
to
federal
regulations;
Section
17.5
provides
that
Title
VII
of
the
Act
and
Section 5
of
the
Illinois
Administrative
Procedure Act (APA)
shall not apçfly.
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
on
Administrative
Rules
(JCPR).
The
SDWA program was drawn from 40
CFR
141 and 143 (1989).
Only
one
amendment occurred
during
this
update
batch:
55
Fed.
Reg.
25064
June
19,
1990
The
amendments
are
corrections
to
federal
regulations
published
June
29,
1989,
and
incorporated
into
the
Board
rules
in
R88—26.
Most
of
the
corrections
were
made
by
the
Board
on
original
adoption.
PUBLIC
COt4~ENT
The
Board
adopted
a
proposed
Opinion
and
Order
on
September
27,
1990.
The
proposal
appeared
on
October
19,
1990,
at
14
Ill.
Reg.
17154.
The
Board
has
received
the
following
comments:
PC
1
Department
of
Cosnerce
and
Ccwnunity Affairs
(DCCA),
Small
Business Assistance Bureau,
November
15,
1990.
PC 2
Administrative
Code
Division, November 19, 1990
PC 1
is
DCCA’s
small
business
impact
analysis,
finding
no impact.
PC 2
is the
Code
Division’s codification review, indicating no problems.
We
construe
the
lack
of
comment
from
the
Illinois
Environmental
Protection
Agency
(Agency),
or
Region
5
of
the
USEPA
as
denoting
no
problems
with the
proposal.
117—687
—2—
HISWRY OF SDWA
PROGRAM
The SDWA rules were recently adopted in Docket R88—26.
The Board entered
a Proposed Opinion and Order on October 5, 1989.
The proposal appeared on
December 1,
1989, at 13 Ill. Reg. 18690.
Following the public
comment
period,
the Board adopted a “Final” Opinion and Order
on
May
24,
1990.
The
Board
then
allowed
a
post—adoption
comment
period.
On
August
9,
1990,
the
Board
withdrew
the
May
24
Opinion
and
Order,
and
substituted
a
new
Opinion
and
Order.
On
November
29,
1990,
in
R90—21,
the
Board
adopted
corrections
to
R88—
26.
This
correction,
regarding
primarily
the
“MM(-MUG”
inclusion
of
the
test
for
coliforni
analysis
was
separately
handled
so as
to
assure
that it was
expeditiously adopted.
The corrections in this Docket arise from USEPA
corrections published in the Federal Register.
The actions on the SDWA rules are suinnarized as follows:
R88--26
August 9, 1990;
14 Ill. Reg. 16517, effective September
20,
1990.
Original adoption (through June 30, 1989).
R90—4
Dismissed
June
21, 1990
(no USEPA
amendments July
1
through
Deceirber
31,
1989)
R90—l3
This
Docket
(January
1,
1990
thorugh
June
30,
1990)
R90—2l
Adopted
November
29,
1990;
(Corrections
to
R88—26)
GENERAL
DISCUSSION
The amendments derive from a single USEPA action correcting the June 29,
1989, filtration
and
disinfection rules.
(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
~FR 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
compliance
with
the
micro-
biological
revised
McLs.
As
originally
adopted,
subsection
(d)(5)
listed
“development
...
of
an
approved
wellhead
protection
program”
as
a
BAT
by
which
117—688
—3—
a
p~Scould
comply
with
the
microbiological
MCLs.
However,
it
is
the
State
which
“develops”
the
welihead
protection
program,
not
the
PWS.
This
amendment
changes
this
to
“compliance
with
an
approved
welihead
protection
program”,
and
limits
the
applicability
to
PV~susing
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.
Section 611.521
This Section
is derived from 40
CFR
141.21(a).
Section 14l.2l(a)(4) was
amended
in
item
4 at 55 Fed. Reg. 25064.
This is subsection
(d) in the Board
rule.
The existing rule sets a special sampling provision for small supplies
using groundwater.
The
amendment
limits this to supplies using “only”
groundwater.
ORDER
The Board hereby amends 35 Ill.
Adm. Code
611 to read as follows:
TIThE 35:
ENVII~MENT1~IL
PROTECTION
SUBTITLE
F:
PUBLIC
WITER
SUPPLIES
CHAPTER
I:
LOLLUTION
CONTROL
BOARD
PART
611
PRIMARY
DRINKING
WATER
STANDARDS
SUBPART A:
GENERAL
Section
611 .100
Purpose,
Scope
and
Applicability
611.101
Definitions
611.102
Incorporations by Reference
611.103
Severability
611.108
Delegation to Local Government
6ll.l(~9
Enforcement
611.110
Special Exception Permits
611.111
Section 1415 Variances
611.112
Section
1416
Variances
611.113
Alternative Treatment Techniques
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
B:
FILTRATION
AND
DISINFECTION
Section
611.201
Requiring
a
Den~nstration
611.202
Procedures
for
Agency
Determinations
611.211
Filtration
Required
117—689
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
Violations
611.240
Disinfection
611.241
Unfiltered
P~’Ss
611.242
Filtered
P~S
611 .250
Filtration
611.261
Unfiltered
P~s:
Reporting
and
Recordkeeping
611.262
Filtered
P~s:
Reporting
and
Recordkeeping
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
Treatment
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
MDNITORING AND
ANALYTICAL
REQUIREMEN~1S
Section
611.480
Alternative Analytical Techniques
611.490
Certified Laboratories
611.491
Laboratory Testing Equipment
611.500
Consecutive PWSs
SUBPART
L:
MICROBIOLOGICAL ?~X)NI’IORINGAND
ANALYTICAL
REQUIREMEW1~
Section
611.521
Routine Coliforin Monitoring
611.522
Repeat
Coliform Monitoring
611.523
Invalidation of Total Coliform Samples
611.524
Sanitary Surveys
611.525
Fecal Coliforni and B. Coli Testing
611.526
Analytical
Methodology
611.527
Response
to Violation
611.531
Analytical Requirements
611.532
Unfiltered
P~S
611 .533
Filtered P~s
SUBPART M:
TURBIDITY
t’tDNI’IORING
AND
ANALYTICAL
REQUIREMENTS
Section
117—690
—5—
611 .560
Turbidity
SUBPART N:
INOIGANIC ~DNI’IORING
AND ANALYTICAL
REQUIREMENTS
Section
611.601
Requirements
611.602
Violation
of State
M~L
611 .603
Frequency
of State
Monitoring
611.606
Analytical
Methods
611.607
Fluoride Monitoring
611.610
Special Monitoring for
Sodium
SUBPART
0:
OROANIC
M~IIORINGAND
ANALYTICAL
REQUIREMENTS
Section
611 .641
Sampling
arid
Analytical
Requirements
611 .645
Analytical
Methods
611.648
Sampling
for
VOCs
611.650
Monitoring for
36
Contaminants
611.657
Analytical
Methods
for
36
Contaminants
SUBPART P:
THM M~ITORINGAND
ANALYTICAL
REQUIREMENTS
Section
611.680
Sampling, Analytical
and
other Requirements
611.683
Reduced Monitoring Frequency
611.684
Averaging
611.685
Analytical Methods
611.686
Modification
to
System
SUBPART
Q:
RADIOLOGICAL
MONI’IORING
AND
ANALYTICAL
REQUIREMENTS
Section
611.720
Analytical
Methods
611.731
Gross Alpha
611.732
Manmade
Radioactivity
SUBPART
T:
REPORTING,
PUBLIC
NOTI FICATION
AND
RECORDKEEPING
Section
611.830
Applicability
611.831
Monthly
Operating
Report
611.832
Notice
by
Agency
611.833
Cross
Connection
Reporting
611.840
Reporting
611 .851
Reporting
M~Land
other
Violations
611.852
Reporting
other
Violations
611 .853
Notice
to
New
Billing
Units
611.854
General
Content
of Public Notice
611 .855
Mandatory
Health Effects Language
611 .856
Fluoride Notice
611 .858
Fluoride
Secondary
Standard
611.860
Record
Maintenance
611.870
List
of
36
Contaminants
Appendix
A
Mandatory
Health
Effects
Information
Appendix
B
Percent
Inactivation
of
G.
Lairblia
Cysts
Appendic
C
Coimon
Names
of
Organic
Chemicals
117—69 1
--6—
Table
A
Total
Coliform
Monitoring
Frequency
Table
B
Fecal
or
Total
Coliform
Density
Measurements
Table
C
Frequency
of
PDC
Measurement
AUTHORITY:
Implementing
Sections
17
and
17.5
and
authorized
by
Section
27
of
the Environmental Protection Act
(Ill.
Rev.
Stat.
1989,
di.
111
1/2,
pars.
1017, 1017.5
and
1027.
SOURCE:
Adopted
in
P88—26
at
14
Ill.
Peg.
16517,
effective
September
20,
1990;
amended in P90—21 at 14 Ill. Reg.
,
effective
amended
in
P90—13
at
15 Ill.
Reg.
,
effective
SUBPART F:
MAXIMUM QJNTA!4INANT LEVELS (MCL’S)
Section
611.325
Microbiological
Contaminants
a)
The
MCL
is
based
on
the
presence
or
absence of
total
coliforms
in
a
sample, rather than coliforni density.
1)
For
a
supplier
which
collects
at
least
40
samples
per
month,
if
no
more
than
5.0
percent
of
the
samples
collected
during
a
month
are
total
coliform—positive,
the
supplier
is
in
compliance
with
the
MCL
for
total
coliforins.
2)
For
a
supplier
which
collects
fewer
than
40
samples
per
month,
if
no
more
than
one
sample
collected
during
a
month
is
total
coliform—positive,
the
supplier
is
in
compliance
with
the
MCL
for
total
coliforms.
b)
Any
fecal
coliform—positive
repeat
sample or
E.
coli—positive
repeat
sample, or any total coliforni—positive repeat sample following a
fecal coliform—positive or B. coil—positive routine sample,
constitutes
a
violation
of
the
MCL
for
total
coliforms.
For
purposes
of the
public
notification
requirements
in
Section
611.851
et
seq.,
this is a violation that
may pose
an acute risk to health.
C)
A supplier shall determine
coir~pliance
with the
MCI
for total
coliforins in subsections
(a)
arid
(b) for each month in which
it is
required to monitor for total colifornis.
d)
BATs for achieving compliance with the MCI for total coliforms in
subsections
(a)
arid (b):
1)
Protection of wells from contamination by coliforms by
appropriate placement
and
construction;
2)
Maintenance of RDC throughout the distribution system;
3)
Proper maintenance of the distribution system including
appropriate pipe replacement and repair procedures, main
flushing programs, proper operation
and
maintenance of storage
tanks
arid
reservoirs and continual maintenance of positive water
pressure in all parts of the distribution system;
117—692
—7--
4)
Filtration and disinfection of surface water, as described in
Subpart B, or disinfection of groundwater using strong oxidants
such as chlorine, chlorine dioxide or ozone;
or
5)
—~hedeveIo!1nei~end irnp1emen~ationo~en
app~eved
-For systems
using groundwater, compliance with the wellhead protection
program,
after
USEPA approves
the
program.
BOARD NOTE:
Derived from 40
CFR
141.63
(1989),
as
amended
at
54
Fed.
Peg. 27562, June 29, 1989.
(Source:
Auerx3ed
at
15
Ill.
Peg.
,
effective
)
SUBPART
L:
MICROBIOLOGICAL
M~IT0RINGAND ANALYTICAL
REQUIREMENTS
Section
611.521
Routine Coliforin Monitoring
a)
Suppliers shall collect total coliform samples at sites which are
representative of water throughout the distribution system according
to a written sample siting plan, which must be approved by by special
exception permit.
b)
The monitoring frequency for total coliforms for
CWSs
is
based
on the
population served by the C~S,as set forth in Table A.
If a C~S
serving 25 to 1,000 persons has no history 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 the 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 colifornis for non—ONS5 is as
follows:
1)
A
non—G~S using
only
groundwater
(except
groundwater
under
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
monitoring
frequency
for
a
non—C~using
only
groundwater
(except
groundwater
under
the
direct
influence
of
surface
water)
and
serving
1,000
persons
or
fewer
to
less
than
once
per
year.
2)
A
non—GJS
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
117—693
—8--
system
serves
1,000
persons
or
fewer.
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
non—OcS
using
surface
water,
in
total
or
in
part,
shall
monitor
at
the
same
frequency
as
a
like—sized
C~, as
specified
in
subsection
(b),
regardless
of
the
number
of
persons
it
serves.
4)
A
non—CWS
using
groundwater
under
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 the
direct influence of surface water.
d)
The supplier shall collect samples at regular time intervals
throughout the month, except that a supplier which
uses
oniy
groundwater
(except groundwater under the direct influence of surface
water)
and
serves 4,900 persons or fewer, may collect all required
samples on a single day if they are taken from different sites.
e)
A P~that uses surface water or groundwater
under
the direct
influence
of
surface
water,
and
does
not
practice
filtration
in
compliance
with
Subpart
B,
shall
collect
at
least
one
sample
near
the
first service connection each day the turbidity 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
more
turbidity
measurements
in
any
day
exceed
1
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
MCI
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
MCI
for
total
coliforms
in
Section
611.325.
BOARD
NOTE:
Derived
from
40
CFR
141.21(a) (1989),
as
amended
at
54
Fed.
Peg. 27562,
June
29, 1989.
(Source:
Amended
at 15 Ill. Peg.
,
effective
)
IT
IS
SO
ORDERED.
117—694
—9—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby
certify that the above Opinion and Order was adopted on the ~?Ot~~day
~
,
1990, by a vote of
7-~
Dorothy
M.
n,
Clerk
Illinois
Pollution
Control
Board
117—695