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

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