ILLINOIS ~‘OLLUTION

CONTROL BOARD

May

29,

1984

CITY OF CRYSTAL LAKE,

Petitioner,

PCB 84-2

TLLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

)

Respondent.

MR. RICHARD CURRAN, JR., OF COWLIN, UNGVARSKY, KUKLA & CURRIIN

APPEARED ON BEHALF OF PETITIONER.

MR. WAYNE WIEMERSLAGE APPEARED ON BEHALF OF RESPONDENT.

OPINION AND ORDER OF THE BOARD (by J. Marlin):

This matter

comes

before the Board upon a January 3. 1984

petition for variance extension filed by the City of Crystal Lake

(City) requesting relief from the barium public water supply

standard of Chapter 6, Rule 304(B) (4), now codified as 35 Ill,

Adm. Code 604.202, Hearing was waived and none was held. The

TTTTh5T~Environmental Protection Agency (Agency) on

April 2,

1984, filed its recommendation to grant subject to conditions.

flearing

was waived and none

was held.

In prior proceedings 2 and

3

year variances from the barium

standard were granted

to

the City.

PCB 77—332

(33

PCB 185,

1979);

PCB

8i~1 (41 PCE 273, 1981),

The

records,

Opinions and

Orders

of these proceedings are hereby incorporated.

The

City, whose deep wells supply water to approximately

8300 people, is located

in McHenry County,

Illinois.

The Agency

states that wells 1, 3, 6, 7 and B are needed by the City (Agency

Rec. 4

The finished water barium concentrations in we~ils5, 6,

and: 7

~re

2.4 mg/i (Agency Rec.. 7). Well number 8 has the highest

bariunt concentration. The federal and

state standard is

1 mg/i.

Three

methods

of reducing

the barium level have been explored

in

orior proceedings. The

first,

which

is used by the City~ is a

synthetic resin type ion-exchange system~ The second is a new

shallow well system that

would cost

4

million dollars. The third

is a water pipeline from the Fox River that would cost 8 million

dollars. The present system could be modified to meet the 1 mg/i

standard but operating costs would increase by $100,000, the

water

supply would be

reduced

by 224,000 gallons

per day, and

another

well and equipment

would be needed

~Petition 3).

58433

---

The health effects of barium are set out at 33 PCB 185,

186

(1979). There is not enough evidence to show that there

is an

unreasonable risk to public health at these concentrations.

Illinois has been delegated primary enforcement

responsibility

for

the barium standard. Section 35 of the Environmental Pro-

tection Act, Ill. Rev, State 1983, ch, 111½, par. 1035

requires

that variances he consistent with the Safe Drinking Water

Act

(SDWA), 42 U.S.C. §300(f) et g~and regulations pursuant

thereto. These regulations are located at 40 C.F.R. Part 142,

Subparts B and F (1983).

In granting what amounts to a federal variance under §1415

of the SDWA, a state with primary enforcement responsibility must

find that

(1) Because of characteristics of the raw water sources

which are reasonably available to the system, the

system cannot meet the requirements respecting the

maximum contaminant levels of the drinking water

regulations despite application of the best technology,

treatment techniques, and other means, which the Admin~

istration finds are generally available (taking costs

into consideration); and

(2) The granting of a variance will not result in an unrea-

sonable risk to the health of persons served by the

system. (Section 1415 of the Safe Drinking Water Act,

42 U.S.C. Section 300(g)—4),

~

Utilities, Inc. v. IEPA, PCB 79—257, (37 PCB 551, 553,

1980); ~

Altona v. IEPA, POE 80—74, (39 PCB 69, 1980);

y43~aeofW~~~av. IEPA, POE 80—30, (38 PCB 193, 1980),

Although two cases were variances for small water supplies,

the Board has authority to grant variances for large water

supplies, as discussed below. The federal exemption Section 1416

for large water supplies imposes strict compliance deadlines.

This mode was based on IJ,S, Environmental Protection Agency

(USEPA) reliance on its Manual for treatment techniques for water

supplies serving more than 1000 consumers (entitled ~Manua1 of

Treatment Techniques for Meeting the Interim Primary Drinking

Water Regulations” (EPA—600/9—77—005, first printing May 1977,

revised 1978) Manual)j,

The Manual identifies some treatment technologies and

serves

as helpful guidance, However, under Section 1415, the Adminis-

trator of the USEPA must issue regulations. As the Agency cor~

rectly asserts:

58434

---

—3—

(tihe USEPA kdminstrator has not

yet

issued

any

regulation stating Aet ia ti e

best technology

or

treatment

tact

nique

that .s generally available,

taking

costs into corsic.eration, for

barium

or any

other contanirant regulated under the SDWA.

(Agency

Rec

•

at 9). Therefcxe,

the

Board has determined that

since the Administrator of the TJ3FPA has is

ued

no regulation

under (1), the Board has the authcnty to grart individual vari-

ances

consistent with a federal varnnc.e to koth small

and

large

water supply systems provtdi~g, of course tat the Peitioner can

demonstrate arbitrary or unreasonable hardship.

Technical feasibility has been demonstrated

but

the

alternate treatment methods are econonically infeasible at this

time. There is no evidence in the record to show that granting

the variance would result in an unreasonable risk to public

health.

The Agency and City

both

state that the U.S.E.P.A. has given

advanced notice of proposed ruleMaking concerning barium and

other inorganic chemicals and expects to propose

maximun

contam-

inant levels (MCL5) by June, 1986. 48 Fed. Reg. 45502, October

5, 1983.

The City asks eoz a variance period intil January 1, 1987,

while the Agency recomv ends 5 years or until one year after the

Bo-r changes the

barium

standards, whichever is first. As

explained below, in order to better insure compliance, the

Board

will grant a varian.e for only tao years The Board is at a loss

as to why the Cite ha* a) ro tnvE-t. i:ed a system of blending,

o) r a’ reported to the ~genc’ everj 6 nonth0 regarding possible

new

barium removal techniques and c’ not submitted a compliance

program, all as required by Board Order,

PCB

81—1. The Board

expects full compliance with its Orders. Additionally, the Board

notes that this previous variance expired Jan. 1, 1984.

Balancing the great expense to comply with the minimal

th-eat to the public health tie Board finds that to require

imnedi

ate

compliance

‘ith the ban um 3tandard would impose an

arbitr~ry o: unreasonable hardship. Variance is hereby granted

frw

35

IlL. Adm. Code

604 202 c3nsistent with

condition.

ORDER

T..e City of Cryetal

take

is qranted a variance from 35 Ill.

Ad

Code

60L202 unt’l Jily 1, 1496 subject

n t’e following

:ondi tions:

58-235

---

—4—

1, That the variance is to allow use of the high barium

wells, but in any case the concentration of barium

shall not exceed 4 mg/I.

2. Petitioner shall continue to investigate the compliance

options

it has identified, but shall also investigate

the possibility of blending. Petitioner shall investi-

gate means of using less water from well #8, and shall

provide the agency with

data on the barium content of

its standy wells.

3. Beginning on or about January

1, 1985, and at

annual

intervals thereafter, the Petitioner shall communicate

with the Agency in order to ascertain whether new

barium removal or blending techniques applicable to its

system have been developed and identified.

4. As expeditiously after identification of a feasible

compliance method as is practicable, but no later than

January 1, 1986, Petitioner shall submit to

the Agency

a

program

(with increments of progress) for

bringing

its system into compliance with barium standards.

5, That Petitioner shall take all reasonalbe measures with

its existing equipment to minimize the level of barium

activity in its finished water,

6. That Petitioner notify the Agency~sRegion II Manager,

Public Water Supplies, Illinois Environmental Protection

Agency, 595 South State Street, Elgin, Illinois 60120

within ten days of receipt of any and all complaints

about Petitioner~s water which has as its source or may

have as its source the well with the high barium.

7. That pursuant to 35 Ill. Adrn, Code

606.201,

Petitioner

shall send to each user of its public water supply a

written notice to the effect that Petitioner has been

granted by the Pollution Control Board a variance from

the barium standard in the first set of water bills

issued after the grant of this variance and every three

months thereafter, The notice shall state the average

content to barium in samples taken since the last

notice period during which samples were taken.

8. That within forty-five days of the date of this Order,

Petitioner shall execute and forward to Wayne Wiemersiage,

Enforcement Programs, Illinois Environmental Protection

Agency, 2200 Churchill Road, Springfield, Illinois,

62706, a Certificate of Acceptance and Agreement to be

bound to all, terms and conditions of this variance.

This forty-five day period shall be held in abeyance

for any period this matter is being appealed.

58436

---

CERTI FICATION

I, (We),

___________

___________

,

having read

the

Order of the Illinois Pollution Control Board in PCB 84—2 dated

May 29, 1984, understand and accept said Order, realizing that

such acceptance renders all terms and conditions thereto binding

and enforceable.

By: Authorized Agent

IT IS SO ORDERED,

I, Christan L, Moffett, Clerk of the Illinois Pollution

Control Board, hereb cprtify that the above Opinion and Order

was adopted on the ~ day of

~

,

1984 by a vote

of

Illinois Pollution ontrol Board

58237