ILLINOIS POLLUTION CONTROL BOARD
April 10,
1986
IN THE MATTER OF:
)
PROPOSAL OF CARUS CHEMICAL COMPANY
TO AMEND THE ALGICIDE REGULATIONS
)
R84-19
AT
35
ILL. ADM. CODE 602.103 AND
)
(Deconsolidated
602.110
)
front R84—4)
ADOPTED RULE.
FINAL ORDER.
OPINION AND ORDER OF THE BOARD
(by J.
Marlin):
This matter comes before the Board upon the filing of
a
proposal on May 23,
1984 by Carus Chemical Company, Inc.
(Carus)
to amend
35
Ill. Adm. Code 602.103.
This proceeding is being
deconsolidated from another proceeding,
R84—4.
In R84—4, Applied
Biochemists Inc.
(Applied) had filed
a proposal on December
14,
1983 and an amended proposal on January 10,
1984 to amend Section
602.103.
Both the Carus
and Applied 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 DeKalb, 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 this proposal was published
at 9 Illinois Register 18328
on December
2,
1985.
Other than
from
the Administrative Code Unit,
no comments were received.
The second notice period began on January 23,
1986 and
terminated
on March
10, 1986:
no objection was received from the Joint
Committee on Administrative Rules during
this period.
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.
Carus requests that the
69-205
2
regulations
be modified
to allow the use of
its products for this
purpose.
The Carus proposal would amend Section 602.103
to
include its two potassium permanganate products, Cairox Technical
and Cairox F?.
These are registered with the USEPA
(Reg.
No.’s
8429—6, 8429—7) pursuant to the Federal Insecticide, Fungicide
and Rodenticide Act
(FIFRA,
7 U.S.C.
136 et seq.)
for use
in
potable water treatment systems.
They are also registered with
the Illinois Department of Agriculture
(as of November
9, 1983;
Carus Exhs.
C,D) pursuant
to the Illinois Pesticides Act
(IPA),
Ill.
Rev.
Stat.
1985,
ch.
5,
par.
801 et
seq.
As registered,
they may not be used
in open bodies
of water.
Cairox Technical
contains 98 percent potassium permanganate and two percent inert
ingredients while Cairox FF contains 95.6 percent potassium
permanganate and 4.4 percent inert
ingredients, which includes
a
food—grade additive
(Exhs. A,B,C;
JR. 38).
Potassium Permanganate
Potassium permanganate
is currently used at water treatment
plants
to treat drinking water
at the
raw water
intake.
It
is
a
strong oxidizing agent which degrades
in water in less than a
minute
(MR.
129).
The principal degradation product
is manganese
dioxide which
is highly insoluble and biologically inert
(MR.
107).
The labels
for Cairox F? and Cairox Technical state
that
they are
for use
in potable water
treatment systems
to be applied
only by trained water treatment plant operators or persons under
their direct supervision
(Carus,
Exh.
C).
Mammalian and aquatic
toxicity studies were performed
(Carus Exh. E).
Acute oral
(rat)
and dermal
(rabbit) toxicity studies show that the Carus products
are corrosive to skin (Carus Exh.
E).
The
lethal concentration
of Cairox Technical
in fifty percent of the bluegill sunfish
(Lepomis machrochirus) exposed
in
a 96 hour static exposure study
was determined
to be 2.7 mg/l
(Carus
Exh.
E,
Summary).
The LC5O
for Cairox FF was 3.6 mg/l.
The LC5O
(48 hr.)
for the
macroinvertebrate Daphnia magna was 84 mg/l Technical Grade with
no effect at 56 mg/i.
An LC5O
(96 hr.)
value
for the green algae
Selenastrum capricornutum Priritz was 210 mg/i Technical Grade
with no effect below 100 mg/i.
Id.
Carus would
like to expand the use of potassium permanganate
to include its application to public surface water supply
sources.
The current USEPA registration allows
its use only in
water treatment systems
(MR.
121).
Even
if
the Board approves
Carus’
request,
the Company will need
a Federal label change
before
the product can be used
in water supply reservoirs.
Carus
intends
to pursue this matter with the USEPA.
Carus submitted
a
paper by Dr. Jerome Carr entitled “Integrated
Iron and Nitrogen
Control
for
Lake Restoration” which
is now made Carus Exhibit
F.
Dr.
Carr studied the use of potassium perinanganate as an
algicide
in Morses Pond,
a
102 acre pond
in Massachusetts.
The
study showed
a reduction
in the amount of
iron in the pond
available
for macrophytic uptake after application of potassium
69-206
3
permanganate which
in turn limited the amount of algae present
(Carus Exh.
F).
Potassium permanganate has been successfully used
as
an
algicide
in water treatment plants when
it
is applied
continuously.
In open water, treatment will be infrequent and
the product concentration will
be tailored
to the chemistry of
the receiving water
(MR.
135).
The immediate effect
of the
treatment
is largely limited
to the upper portion of the water
column
in the area behind
the applicator’s boat.
Given
this
situation,
the potential for widespread harm
to the aquatic fauna
in a lake
is remote.
The Board
finds that potassium permanganate
is suitable for
use as an algicide
in public water supplies.
In so finding,
the
Board
notes
that this compound must also be approved by the USEPA
for this purpose prior
to such use.
The Board further finds
pursuant
to Section 27(b)
of the Act that the allowance
of
potassium permanganate
as a public water supply algicide will
have no adverse economic impact on the people of this State and
will
in fact foster competition between approved public water
supply algicides.
The Agency
in
its comments proposed
that copper carbonate,
copper monoethanolamine, copper
triethanolamine and potassium
permariganate
be added
to Section 602.103.
Because of the
deconsolidation of these proceedings for
final decision by the
Board,
only the addition of potassium permanganate has been
considered here.
The Agency’s and Applied’s requests
to add the
other chemical formulations
as well
as Applied’s request to
include all potable water algicides registered with the USEPA
will
be considered this same day in the
final Opinion and Order
in R84—4.
The Agency has suggested deleting the phrase “supervising
the application of the algicide” from current Section 602.110.
No reason for deleting the phrase was provided.
The Board
believes that the phrase
is helpful and declines
to delete
it
in
the absence of
a justification
for doing
so.
ORDER
The Board hereby adopts
35
Ill. Adm. Code 602.103 and
602.110, as amended, and directs the Clerk
to cause the rules
to
be published
in the Illinois Register
and to be filed with the
Secretary of State:
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE
F: PUBLIC WATER SUPPLIES
CHAPTER
I:
POLLUTION CONTROL BOARD
PART 602
PERNITS
69-207
4
Section 602.103 Algicide Permits
No algicide shall
be applied
to any stream,
reservoir, lake,
pond,
or other body of water used as
a public water supply source
without an Algicide Permit issued by the Agency.
Copper
sul~fate4s and potassium permanganate are the only algicides
which may be used
in public water
supplies.
Permits issued
under
this Section will be valid for public water supply sources only.
Section 602.110
Algicide Permit Applications
a)
All applications
for algicide permits shall contain:
1.
the name and certificate number of the certified
operator supervising the application of the
algicide,
2.
a statement describing the extent of
the algae
problem,
history of any past algae problems,
and
algicide treatments, and
a description of any fish
kills which have resulted
from treatments
in the
past;
and
3.
adequate information to support exceeding the
limits
as stated
in 35
Iii. Adm. Code 302:
Water
Quality Standards.
b)
After any algicide permit is
issued, and before the
permit expires by its stated terms,
if there
is any
major change either
in the operation of the public water
supply,
or
in algae growth, which affects the use of
eeppe~~fe~e
the algicide as outlined
in the permit,
the public water supply shall
submit an application for
modification of its permit.
This application shall
contain all
of the information required by this
subsection
(b)
and subsection
(a)
above.
C)
Any
algicide permit issued under this Section shall
exempt permittee
from obtaining an aquatic pesticide
permit
as provided
in 35
Ill.
Adm. Code 652.601.
IT
IS SO ORDERED.
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion an~dOrder was
adopted on the
~
day of
_____________________,
1986
byavoteof
7—C
.
Dorothy M. Gunn, Clerk
Illinois Pollution Control
Boal
69-208