ILLINOIS POLLUTION CONTROL BOARD
    April 10, 1986
    IN THE MATTER OF:
    )
    PROPOSAL OF APPLIED BIOCHEMISTS
    )
    TO AMEND THE ALGICIDE REGULATIONS
    )
    R84—4
    AT
    35
    ILL. ADM. CODE 602.103 AND
    )
    (Deconsolidated
    602.110
    )
    (from R84—19)
    FINAL OPINION AND ORDER OF THE BOARD
    (by 3. Marlin):
    This matter comes before
    the Board upon the filing of
    a
    proposal on December
    14, 1983
    and an amended proposal on January
    10,
    1984 by Applied Biochemists, Inc.
    (Applied)
    to amend 35
    Ill.
    Adm. Code 602.103.
    This proceeding
    is being deconsolidated from
    another proceeding,
    R84—19.
    In R84—l9, Carus Chemical Company
    (Carus)
    had filed
    a proposal
    on May 23,
    1984 to amend Section
    602.103.
    Both the Applied and Carus proposals were consolidated
    for hearing by Hearing Officer Order
    on June 8,
    1984
    after Board
    discussion.
    Merit hearings were held
    in Springfield, Illinois on
    July 24, 1984
    and
    in Chicago,
    Illinois on July 31, 1984.
    The
    Illinois Department of Energy and Natural Resources on November
    27,
    1984
    found that an economic impact study was not necessary
    and stated that “the
    cost of making
    a formal study
    is
    economically unreasonable
    in relation
    to the value of the study
    to the Board
    in determining
    the adverse economic impact of the
    regulation.”
    (November
    27,
    1984 Negative Declaration).
    The
    Economic and Technical Advisory Committee concurred
    in this
    finding on January 23, 1985.
    A supplemental hearing called by
    the Board
    to address
    informational deficiencies was held May 20,
    1985
    in DeKaib, Illinois.
    The participants submitted additional
    information after hearing.
    The Illinois Environmental Protection
    Agency (Agency) submitted comments on October
    7, 1985.
    With
    those comments,
    the Agency proposed that not only should Section
    602.103
    be amended but that Section 602.110
    be amended
    as well by
    deleting the words “copper sulfate”
    and adding
    the words
    “the
    algicide.”
    In its First Notice Opinion and Order dated November
    7,
    1985,
    the Board proposed
    to adopt amendments
    to
    35
    Ill. Adm. Code
    602.103 and 602.110.
    First notice of the proposed
    rules was
    published
    at
    9
    Ill. Reg.
    18328 on December
    2,
    1985.
    Other than
    the Administrative Code Unit,
    no other comments were received
    during first notice.
    The second notice period began
    on January
    23,
    1986 and terminated on March 10, 1986.
    Motion
    On March 7, 1986, Applied filed
    a letter which
    the Board
    construes as a motion for reconsideration of the Board’s First
    Notice Opinion and Order
    and likewise the Second Notice Order.
    69-199

    2
    In
    re: Algicide Chemicals, R84—4,19 consolidated
    (November 7,
    1985; January 23,
    1986).
    Applied asserts both procedural and
    substantive error
    by the Board.
    Procedurally, Applied asserts that
    it did not receive
    a copy
    of the Board’s First Notice Opinion and Order
    and first learned
    of the Board’s first notice decision when
    it received
    a copy of
    the Second Notice Order.
    Applied contacted the hearing officer
    and asserts that “he acknowledged
    a possible oversight....”
    The hearing officer’s attempts to check
    for
    receipt of the
    first notice decision by those on the notice list were
    inconclusive.
    The participants, save Applied, all had received
    copies of the first notice decision.
    Others on the notice list,
    who had no regular filing system for Board opinions, could not
    say whether
    they had received copies
    or not.
    However,
    in order
    to prevent any prejudice due
    to mail system deficiencies,
    Applied’s motion for reconsideration is granted.
    The Board on
    its own motion
    is deconsolidating this from R84—19.
    Substantively, Applied reargues
    the merits
    of
    the case and
    asserts that the record does not show triethanolamine as
    a risk
    to human health
    and that the issue
    of
    its mutagenicity and
    carcinogenicity have been distorted.
    Applied,
    however, fails
    to
    provide the Board with any new information
    so as
    to warrant the
    Board granting relief to Applied or scheduling another
    hearing in
    this matter.
    The Board’s decisions denying
    relief to Applied
    at first and
    second notice
    are hereby affirmed.
    Should Applied wish to pursue
    registration of
    its compounds in Illinois
    it may file another
    request
    for regulatory relief.
    The rationale behind the First
    Notice Opinion as
    it pertains
    to Applied
    is adopted here and
    is
    set forth.
    Discussion
    The current algicide permit section 602.103 allows
    the use
    of only copper
    sulfate
    in treating algae problems
    in bodies of
    water
    used as public water supplies.
    Applied requests that the
    regulations be modified
    to allow the use of other products for
    this purpose.
    Applied’s original proposal would amend the
    section
    to include all algicides registered with the USEPA
    for
    use
    in potable water.
    Its amended proposal narrowed that scope
    to
    include only copper sulfate,
    copper carbonate (malachite),
    copper monoethanolamine
    and copper triethanolamine compounds.
    Applied’s two copper ethanolamine products are liquid Cutrine—
    Plus and granulated Cutrine—Plus.
    These are registered with the
    USEPA pursuant
    to the Federal Insecticide, Fungicide and
    Rodenticide Act
    (FIFRA,
    7 U.S.C.
    Sl36 et seq.,
    1982)
    for
    use
    in
    bodies
    of water
    that are potable water supply sources.
    (Reg.
    No’s
    8959—1OAA and 8959—12AA).
    They are also registered with the
    Illinois Department
    of Agriculture
    (as of December
    28,
    1983;
    Applied Exhibit
    20) pursuant
    to the Illinois Pesticide Act
    (IPA)
    69-200

    3
    Ill.
    Rev.
    Stat. 1985,
    ch.
    5,
    par.
    801
    et
    seq.
    These are chelated
    copper compounds which
    use ethanolamine complexes to keep
    otherwise insoluble copper carbonate
    in solution
    (JR.
    30,
    31)1.
    This results
    in
    a rather uniform copper concentration throughout
    the water
    (App.
    Exhs.
    16,
    9,
    13,
    14).
    The liquid form contains
    nine percent elemental copper
    (0.909 lbs./gal
    Cu).
    The
    granulated form contains
    3.7 percent active copper material
    (App.
    Exh.
    14, JR.
    15).
    The record does not support the proposal to amend sections
    602.103 and 602.110 to encompass those potable water supply
    algicides registered with the USEPA for use
    in Illinois.
    In
    order
    to incorporate algicides registered with the USEPA pursuant
    to 40 C.F.R. Part 162
    (1984), the Board
    is statutorily mandated
    to have on file
    a list of
    those chemicals.
    (Ill.
    Rev.
    Stat.
    1985,
    ch.
    127, par. 1006.02, 35
    Ill.
    Adm. Code 100.385).
    The
    Board attempted
    to obtain the list of algicides approved
    for use
    in potable water supplies from the USEPA.
    It was not possible
    to
    secure
    a complete listing.
    The USEPA
    itself does not have such
    a
    listing available for distribution
    to the public.
    (Board
    exhibits
    1,
    2,
    5,
    6,
    7,
    and
    8
    as well
    as the Hearing Officer
    Report of March
    1,
    1985 document the difficulties encountered
    during the attempt).
    The Board
    notes
    the USEPA has been mandated by Congress to
    review all algicides currently registered with it and
    to
    reregister
    those that merit reregistration based on the latest
    scientific data
    7
    U.S.C.
    l36a(g)
    (P.L.
    95—396 eff. 9—30—
    1978)).
    The USEPA has not yet been able
    to complete this
    task.
    There
    is no evidence
    in the record
    to show that the
    products of Applied have been reregistered
    (See App.
    Exh. 1).
    Based on the record before
    it, the Board declines to
    incorporate
    all potable water supply algicides registered with
    the USEPA.
    It will,
    however,
    incorporate individual chemical
    compounds where the record contains sufficient information to
    justify such action.
    Copper Carbonate
    (Malachite)
    Applied, while proposing copper carbonate
    as an algicide,
    provided
    no
    information on
    it.
    The Agency in
    its comments stated
    that beq~usemalachite
    is “insoluble with
    a solubility factor
    of
    1
    x 10”
    and because
    it does not possess any algicidal
    properties,
    it should
    not be included
    in the list of acceptable
    algicides.”
    (Ag. Comments, October
    4,
    1985).
    Because of the
    lack of any data supporting
    the inclusion
    of malachite, the Board
    will not include it
    as a public water supply algicide.
    1
    JR.
    refers
    to the transcript of the July 1984 hearings which
    is
    consecutively paginated.
    MR.
    refers to the May 1985 hearing
    transcript.
    69-201

    4
    Copper Monoethanolamine/Triethanolamine
    Both products of Applied contain copper
    in the form of mixed
    copper—ethanolamine complexes.
    Some of the breakdown products
    of
    Cutrine—Plus
    include diethanolamine, monoethanolamine, ammonia,
    acetic
    acid, hydroxyacetic acid, glyoxal, glyoxylic acid, oxalic
    acid,
    formaldehyde gas and
    formic acid.
    Cutrine—Plus
    is
    a slight
    skin irritant and
    is moderately toxic
    if swallowed.
    It
    is less
    corrosive than copper sulfate.
    Toxicological data show Cutririe—Plus
    to be “generally
    nontoxic
    to fish and wildlife at recommended dosages,” although
    “trout.
    .
    .
    and certain other sensitive fish species may be
    adversely affected
    in very soft water (below 50 ppm of CaCo3).”
    (App. Exh.
    13).
    Toxicity data for the bluegill sunfish
    arid
    for
    the fathead minnow
    (Pimephales promelas) appear
    in Exhibits
    11
    and 17 while data on oral dose, single skin penetration, single
    inhalation, primary skin irritation and eye
    injury from animal
    studies appear
    in Applied Exhibit 12.
    At
    45 Fed. Reg.
    53478
    (August 12,
    1980),
    the USEPA mentions
    that
    it was concerned with the presence of 2.1 ppm of N—
    nitrosodiethanolamine
    in an original Applied formulation “since
    80 percent of known N—nitrosoamine compounds have been shown to
    be carcinogenic
    in
    a variety of species.”
    (App. Exh.
    7).
    The
    formulation was revised by Applied and now contains less than
    1/ppm of N—nitrosodiethanolaminé which represents a risk level
    acceptable
    to the USEPA.
    Id.
    Prior
    to the May 20 hearing, the Board raised
    the question
    of the possible mutagenicity and carcinogenicity of
    triethanolamine
    (TREA).
    A scientific paper
    on that topic by
    Hoshino and Tanooka was placed
    in the record
    (Board Exh.
    4).
    The
    researchers reported that mice fed on a diet including TREA
    developed
    tumors and that TREA in combination with
    sodium nitrite
    caused mutations
    in bacteria.
    The Board
    retained Dr. William Hallenbeck, who has done
    research
    involving animal toxicology and human health effects,
    to
    evaluate the Tanooka paper.
    He pointed out that the controls
    used
    in the test made it impossible
    to conclude with certainty
    that TREA caused the tumors.
    He also stated that,
    “a stable and
    direct,
    but unidentified, mutagen was found under
    test conditions
    which approached normal physiological parameters”
    (MR.
    16 and
    17).
    In answer
    to
    a question he replied,
    “...xny overall
    conclusion about TREA is that
    at this point you could only go so
    far
    as
    to characterize
    it as a potential
    animal carcinogen and,
    therefore,
    a potential human carcinogen”
    (MR.
    26).
    Regarding
    mutagenicity
    he pointed out
    that the Tanooka paper reported
    a
    four to five—fold increase
    in mutagenicity for the combination of
    TREA and sodium nitrite over sodium nitrite alone.
    He also
    stated that sodium nitrite
    is common
    in the human diet
    (MR.
    56
    and 57).
    69-202

    5
    In response
    to the Tanooka paper, Applied presented two
    letters critical of the paper
    and entered
    a paper
    by Inone
    et.
    al. which considered
    the mutagenicity of TREA (Applied Exh.
    25).
    This study found
    no evidence that TREA by itself was
    mutagenic.
    It also suggested further study to determine the
    exact
    cause of the tumors reported
    by Tanooka.
    Applied’s Exhibit
    9 which was
    introduced at the July
    24,
    1984 hearing stated:
    In
    an
    effort
    to
    find
    any
    and
    all
    available
    references
    on
    chronic
    data
    on
    monoethanolamine
    and
    triethanolamine
    APPLIED
    BIOCHEMISTS,
    INC.
    contacted
    the
    environmental
    and
    toxicology
    branches
    of
    the
    ethanolarnine
    manufacturers
    and
    suppliers,
    DOW
    CHEMICAL,
    UNION
    CARBIDE,
    OLIN
    CORPORATION,
    TEXACO
    INC.
    and
    its subsidiary JEFFERSON CHEMICAL.
    Based
    on
    our
    efforts,
    there
    apparently
    is
    no
    chronic
    data
    on
    ethanolamines.
    However,
    these
    contacts
    yielded
    significant
    information
    and
    insight
    into
    ethanolamines, their biodegradation and toxicology.
    No mention was made of the Tanooka paper
    or
    of the Inone paper,
    which were published
    in 1978 and 1982 respectively.
    Applied’s
    representative said at hearing that Applied was not informed of
    the Tanooka paper
    by
    the TREA m~nufacturersand first learned
    of
    it
    in the hearing officer order.
    He also indicated that the
    information had not been supplied
    to the USEPA during
    the Federal
    registration process
    (MR. 69).
    Applied Exhibit 10 lists
    the expected concentration of TREA
    in
    treated water
    as between 0.48 ppm and 2.4 ppm
    (see MR.
    75 for
    correction).
    Applied gave no data
    as
    to how long TREA persisted
    in
    the body of water
    after treatment and
    in what concentration
    (MR.
    66).
    The USEPA approved Cutrine and Cutrine—Plus
    for use
    in
    public water supplies and the Illinois EPA has recommended that
    they be approved
    in Illinois.
    The Board notes that Federal
    approval was based largely upon information supplied
    by Applied,
    who
    in turn relied on data provided by TREA suppliers.
    The
    Applied products have not yet been reregistered by the USEPA.
    The Tanooka paper
    indicates that TREA is a possible
    carcinogen.
    The controls
    in that study were inadequate
    to
    determine whether TREA or TREA in combination with the heated
    diet,
    or some other combination of factors caused the reported
    tumors.
    Applied’s rebuttal
    of the Tanooka paper failed
    to dispel
    the concerns raised.
    The questions raised can best
    be addressed
    by an experiment with proper controls.
    Regarding mutagenicity,
    there
    is reason
    to believe that TREA
    in conjunction with sodium
    nitrite (which
    is common
    in the human diet)
    has rnutagenic
    properties.
    In the absence
    of additional substantive data,
    the
    69-203

    6
    Board believes
    it
    is unwise to place this chemical
    in water
    supplies which are consumed by the public.
    The Board has no
    reason
    to conclude that the use of Applied’s products containing
    TREA pose
    a threat in other bodies of water.
    The Board
    finds that Applied has failed to demonstrate that
    TREA can be applied to public water
    supplies without posing
    a
    threat
    to the public health.
    Pursuant
    to Section 27(b)
    of the
    Act, Applied’s data indicate that its product
    is competitive with
    the approved algicide
    (JR. 90—99).
    However, given
    the
    uncertainty over potential public health impacts of the product,
    the Board cannot find that approving Applied’s petition will not
    have an overall adverse economic
    impact.
    ORDER
    The March
    7, 1986 motion of Applied Biochemists, Inc.
    for
    reconsideration of the First Notice Opinion and Order and the
    Second Notice Order
    is granted.
    The Board, however,
    affirms its
    decisions
    at First and Second Notice and denies the requested
    relief.
    This docket
    is hereby closed.
    IT
    IS SO ORDERED.
    I,
    Dorothy M. Gum,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that
    the above Opinion and Order was
    adopted on
    the /~i
    day of
    t~.-~’
    ,
    1986,
    by a vote
    o f
    ~
    ~
    I~. ~
    Dorothy M.
    unn,
    Clerk
    Illinois Pollution Control Board
    69-204

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