ILLINOIS POLLUTION CONTROL BOARD
    May 6, 1999
    IN THE MATTER OF:
    SDWA UPDATE, USEPA REGULATIONS
    (July 1, 1998, through December 31, 1998)
    )
    )
    )
    )
    )
    R99-12
    (Identical-in-Substance Rulemaking -
    Public Water Supplies)
    Proposed Rule. Proposal for Public Comment.
    OPINION OF THE BOARD (by R.C. Flemal):
    Under Section 17.5 of the Environmental Protection Act (Act) (415 ILCS 5/17.5 (1996)),
    the Board proposes amendments to the Illinois regulations that are “identical-in-substance” to the
    National Primary Drinking Water regulations (NPDWRs) adopted by the United States
    Environmental Protection Agency (USEPA). These regulations implement sections 1412(b),
    1414(c), 1417(a), and 1445(a) of the Safe Drinking Water Act (SDWA), 42 U.S.C. §§ 300g-1(b),
    300g-3(c), 300g-6(a) & 300j-4(a). The timeframe of this docket includes SDWA amendments
    that USEPA adopted in the period July 1, 1998, through December 31, 1998. USEPA took four
    actions during this period that necessitate Board action. The federal SDWA regulations are
    found at 40 C.F.R. 141 and 142.
    The rules proposed today include major revisions to the program for relief from
    NPDWRs, including additional mandatory requirements for, among other things, small system
    variances; introduction of entirely new requirements for consumer confidence reports, including
    expansive public notification requirements about potential health threats; adoption of new
    maximum contaminant levels (MCLs) to be phased in for disinfection and disinfectant byproducts;
    and addition of interim enhanced surface water treatment rules to improve control of
    microbiological pathogens while addressing risk trade-offs with disinfection byproducts.
    Section 17.5 provides for quick adoption of regulations that are “identical-in-substance
    (IIS)” to federal regulations that USEPA adopts to implement sections 1412(b), 1414(c), 1417(a),
    and 1445(a) of the SDWA. Section 17.5 also provides that Title VII of the Act and Section 5 of
    the Administrative Procedure Act (APA) (5 ILCS 100/5-35 & 5-40 (1996)) do not apply to the
    Board’s adoption of identical-in-substance regulations.
    FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING
    USEPA amended the federal SDWA regulations six times during the period of July 1,
    1998, through December 31, 1998. Four of these amendments necessitate action by the Board.
    Those actions are summarized as follows:
    63 Fed. Reg. 43833 (August 14, 1998)
    2
    USEPA adopted amendments that revised variances and exemptions. In addition to
    revising existing language for State-issued variances and exemptions, the rule adds
    procedures and conditions under which the State may issue small system variances to
    public water systems (PWSs) serving less than 10,000 persons.
    63 Fed. Reg. 44511 (August 19, 1998)
    USEPA amended the public notice regulations to include consumer confidence reporting
    requirements as required under the SDWA Amendments of 1996. The rule requires a
    PWS to provide their customers with annual reports on the quality of delivered water and
    health risks imposed by any detected contaminants.
    63 Fed. Reg. 69390 (December 16, 1998)
    USEPA adopted the disinfectant and disinfection byproducts rule amendments to the
    NPDWRs. The new NPDWRs are for three disinfectants, two groups of organic
    disinfection byproducts, and two inorganic disinfection byproducts. The NPDWRs consist
    of maximum residual disinfectant levels, maximum contaminant levels, or treatment
    techniques for these disinfectants and their byproducts. The NPDWRs also include
    monitoring, reporting and public notification requirements for these compounds.
    63 Fed. Reg. 69477 (December 16, 1998)
    USEPA adopted the interim enhanced surface water treatment rule amendments. The
    purposes of the rule are to improve control of microbial pathogens and to address risk
    trade-offs with disinfection byproducts. Key provisions of the rule include 99 percent
    Cryptosporidium removal requirements for systems that filter, strengthened turbidity
    standards, requirements for covers on new water reservoirs and sanitary surveys for all
    surface water systems. The rules add a new requirement allowing the Illinois
    Environmental Protect Agency (Agency) to direct a source to conduct a composite
    correction plan.
    The Board is today proposing to amend the Illinois regulations to incorporate the
    substance of the four sets of federal amendments.
    DISCUSSION
    General Considerations Used In Assessing Federal Amendments for Inclusion in Illinois’ IIS Rules
    The Board will examine and discuss each of the four federal rulemakings below, detailing
    which portions of the federal regulations are being adopted verbatim, which are being adopted
    with modifications, and which are being omitted. Prior to doing so, however, the Board will
    make some introductory remarks to establish the context for today’s proposal.
    The federal actions that underlie this proceeding require amendment of the Illinois SDWA
    regulations. However, not all of the federal amendments resulted in corresponding change in the
    Illinois rules, since some segments of the amendments extend beyond the scope of the Illinois
    SDWA rules as adopted pursuant to Section 17.5 of the Act.
    3
    Section 7.2 of the Act establishes the ground rules for the Board’s exercise of its IIS
    mandate; it is a lengthy and detailed list of concerns which the Board must take into account when
    comparing newly adopted federal rules to the Board’s existing drinking water rules codified at 35
    Ill. Adm. Code 600
    et seq.
    The statutory language will not be set forth here, but the following is
    a distillation of some of the commonly encountered considerations.
    When assessing federal amendments in the course of completing our SDWA regulation
    updates, the Board includes all USEPA amendments to 40 C.F.R. 141, and we evaluate the
    amendments to 40 C.F.R. 142 for their effect on the substance of the NPDWRs. If the USEPA
    amendments to 40 C.F.R. 142 affect little more than the state primacy requirements -
    i.e.
    , they
    constitute requirements on the state only - the Board does not include them in the affected SDWA
    update docket. In contrast, if the amendments affect the application of the NPDWRs on public
    water systems, the Board includes amendments that incorporate that effect into the Illinois SDWA
    rules.
    Section 7.2(a)(5) of the Act requires the Board to specify which decisions USEPA will
    retain. In addition, the Board is to specify which State agency is to make decisions, based on the
    general division of functions between the Board, Agency, and other entities within the Act and
    other Illinois statutes.
    In situations where the Board has determined that USEPA will retain decision-making
    authority, the Board has replaced “Regional Administrator” or “Administrator” with USEPA, so
    as to avoid specifying which office within USEPA is to make a decision.
    In a few instances in identical-in-substance rules, decisions are not appropriate for Agency
    action pursuant to a permit application. Among the considerations in determining the general
    division of authority between the Agency and the Board are:
    1. Whether the person making the decision is applying a Board regulation, or taking
    action contrary to (“waiving”) a Board regulation. It generally takes some form of Board action
    to “waive” a Board regulation.
    2. Whether there is a clear standard for action such that the Board can give meaningful
    review to an Agency decision.
    3. Whether the action would result in exemption from the permit requirement itself. If so,
    Board action is generally required.
    4. Whether the decision amounts to “determining, defining or implementing
    environmental control standards” within the meaning of Section 5(b) of the Act. If so, it must be
    made by the Board.
    Regulatory Relief Mechanisms: Sections 611.111, 611.112, 611.130, 611.131
    4
    Overview
    USEPA adopted amendments to the variance and exemption regulations on August 14,
    1998. The amendments revise existing regulations regarding variances and exemptions, and
    include procedures and conditions under which the State may issue small system variances. The
    Board directs attention to the August 14, 1998 issue of the
    Federal Register
    for a more complete
    discussion of the federal amendments. The Board’s discussion here will focus on our
    incorporation of those amendments into the Illinois SDWA regulations.
    Section-by-Section Analysis
    Relief from MCLs and Treatment Techniques (Sections 611.111 and 611.112). The
    substance of 40 C.F.R. 142.20(a) and (b) is included in today’s rule in amended Section 611.111
    and Section 611.112. The intent of the amendments is to describe how the Board grants State
    relief equivalent to that available from USEPA under Section 1415(a)(1)(A) and (B) and Section
    1416 of the SDWA. Neither SDWA Section 1415 variances nor Section 1416 exemptions require
    ultimate compliance within five years in every situation.
    1
    Therefore, the proposed amendments to
    Section 611.111 and 611.112 allow a PWS to file a petition for a variance, a site-specific rule, or
    an adjusted standard.
    Among the proposed amendments to Section 611.111, is Section 611.111(b)(2), where
    the PWS, in justifying relief under the Section, must demonstrate that it will install or has installed
    the best available technology (BAT), treatment technique, or other means that the Agency finds
    available. See amended Section 611.111(b)(2).
    One of the more significant changes to Section 611.111 is found at amended Section
    611.111(d)(2). The Board proposes that if the Board prescribes a schedule of compliance with an
    MCL or treatment technique for relief granted later than five years from the date of issuance of
    the relief, the Board will document the rationale for the extended schedule, discuss the rationale in
    the public notice and public hearing, and provide the shortest time schedule feasible. See
    amended Section 611.111(d)(2).
    Also proposed today is the Board’s deletion of the definition of “unreasonable risk to
    health level” in Section 611.111(g). Further, the Board proposes to commit to hold at least one
    public hearing for the requested relief. See amended Section 611.111(e) and Section 611.112(e).
    In amended Section 611.112(d), the Board proposes to add to the current language that
    no schedule of compliance shall extend more than 12 months after the date of the relief. The
    proposal adds that no relief may be requested later than three years after the otherwise applicable
    compliance date established in Section 1412(b)(10) of the SDWA. See amended Section
    611.112(d). .
    1
    Pursuant to 415 ILCS 5/36 (b), except as provided by 415 ILCS 5/38, any variance granted
    shall not exceed five years.
    5
    Another amendment to Section 611.112(d) changes one of the exceptions to the general
    rule of Section 611.112(d). Specifically, Section 611.112(d)(2) provides that a PWS that serves
    3,300 or fewer persons may, in certain circumstances, extend the compliance schedule for one or
    more additional two year periods, but not exceeding a total of four years. See proposed Section
    611.112(d)(2). The amendment changes the number of persons a PWS serves from 500 or fewer
    service connections to 3,300 or fewer persons. Also, the four-year limit on the extensions is
    different from the federal regulations which allow a six-year limit. The limit was changed to four
    years so that it would be within the five-year limit on variances.
    Lastly, the Board proposes to amend Section 611.111(h) and Section 611.112(h) to
    provide that in addition to the requirements of Section 611.111 and 611.112, respectively, the
    provisions of Section 611.130 or 611.131 may apply to the relief granted pursuant to Sections
    611.111 and 611.112. See proposed Sections 611.111(h) and 611.112(h).
    Small System Variances (611.131). The substance of new 40 C.F.R. 142 Subpart K is
    incorporated into today’s proposed rule as Section 611.131, Relief Equivalent to SDWA Section
    1415(e) - Small System Variance. The question and answer format utilized in the federal rule has
    been dispensed with in the new Illinois rule as the question and answer format does not conform
    with Illinois Administrative Code requirements. The format has been changed to be consistent
    with the Board’s regulations by changing the question to a title of a Section and the answer to the
    substance of the Section. The substance of 40 C.F.R. 142.301 is included as Section 611.131(a),
    and is a general indication as to what relief is available from and the size of systems entitled to
    such relief afforded by the procedures in Section 611.131. A PWS must file a variance petition
    pursuant to 35 Ill. Adm. Code 104.
    The substance of 40 C.F.R. 142.302 is not included in the rule, as it addresses the power
    to issue such variances and is not necessary for this rulemaking. The substance of 40 C.F.R.
    142.303 is included as Section 611.131(b) and further delineates the relief available based on the
    size of the system. The substance of 40 C.F.R. 142.304 is included as Section 611.131(c) without
    significant changes, and the Note to 40 C.F.R. 142.304(b)(1) is included as the Board Note to
    Section 611.131(c).
    The substance of 40 C.F.R. 142.305 is included as Section 611.131(d) and explains when
    a small system variance may be granted by the State. The provision directing the USEPA to act
    on the variance petition within 90 days is not included, as it is not directed at a PWS or the Board.
    The substance of 40 C.F.R. 142.306 is included as Section 611.131(e). In subsection (e),
    the Board sets forth the requirements the PWS must prove and document before a small system
    variance can be granted by the Board. In the federal rule, the State must find and document that
    the requirements have been met before the variance may be granted by the Board. This
    requirement is in following with the other variance procedures which are available to a PWS. The
    Board welcomes comments on this proposal.
    The substance of 40 C.F.R. 142.307 is included as 611.131(f), which includes minimum
    terms and conditions that the Board must impose in the small system variance. The Board does
    6
    not include a reference to the Section 1412(b)(15) of the SDWA. The small system variance
    technology developed and published to that section is referenced in Section 611.131(e)(3). The
    Board also does not include the reference to 40 C.F.R. part 141 monitoring requirements as it is
    unnecessary to include the cross-reference in the State rule. The monitoring requirements of 40
    C.F.R. 141 are already included in Part 611.
    The substance of 40 C.F.R. 142.308 is included as Section 611.131(g). The notice and
    public hearing will be pursuant to 35 Ill. Adm. Code 104. In addition to that section, there are
    specific requirements for the PWS to notify billed customers and persons regularly served. Notice
    must be given by the PWS at least thirty days prior to the public hearing. The Board did not
    include a provision that a PWS must provide notice at least 15 days before the date of proposal.
    It is the Board’s opinion that this provision is covered by the Board’s existing procedures under
    Sections 35-37 of the Act and 35 Ill. Adm. Code 104. The Board has specific requirements for
    the publication of notice of hearing already in place and the Agency is required pursuant to
    Section 37 of the Act to provide notice of variance petitions. More specifically, the Board’s
    notice of hearing must be published in the
    Environmental Register
    and in a newspaper of general
    circulation in the county in which the PWS is located. Also the Board’s final actions are
    published in the
    Environmental Register
    . The Board believes that these existing notice
    requirements are sufficient. The Board invites comments on this proposal.
    The substance of 40 C.F.R. 142.308(d) is included in Section 611.131(g)(1). The
    substance of 40 C.F.R. 142.308(e) is not included in today’s proposed rule. The Board finds that
    the notice provisions in the Act, this Section and in 35 Ill. Adm. Code 104 provide adequate
    notice to meet the requirements of 40 C.F.R. 142.308(e). The Board has included in part the
    substance of 40 C.F.R. 142.309 in today’s rule. Rather than use the federal phrase “Public
    meeting” the Board is requiring that at least one public hearing be held on all petitions for
    variance brought pursuant to this section. That requirement is included at Section 611.131(g).
    The substance of 40 C.F.R. 142.310 is included as Section 611.131(h). The provision
    requiring the USEPA to respond within thirty days has been omitted, as well as USEPA’s right to
    object to a proposed variance. The substance of 40 C.F.R. 142.312 is included in part in Section
    611.131(i). The Board imposes the duty to forward the proposed variance to the USEPA on the
    Agency. The Board does not include the substance of 40 C.F.R. 142.313 in today’s rule, which
    deals with USEPA’s review of the State’s program, as the regulations do not apply to a PWS.
    The Board welcomes comments on the proposed rule.
    Consumer Confidence Reports: Section 611. Subpart U
    Overview
    USEPA adopted its consumer confidence report regulations on August 19, 1998. The
    Board directs attention to the August 19, 1998 issue of the
    Federal Register
    for a more complete
    discussion of the federal amendments. The federal regulations have been amended by adding 40
    C.F.R. 141 Subpart O, the substance of which is proposed as 35 Ill. Adm. Code 611 Subpart U.
    7
    The consumer confidence report requirement applies to community water systems
    (CWSs), defined as those supplying water to at least 15 service connections or 25 residents year-
    round. With some exceptions listed in the rules, a CWS must deliver annual reports to its
    customers beginning October 19, 1999, with reports to be supplied annually every July thereafter.
    The reports must include information on the source and quality of the water delivered. If any
    contaminants are detected in the drinking water delivered to its customers, the CWS must provide
    them with written notice of the contaminant(s) detected, as well as a description developed by
    USEPA of the health risks (if any) from exposure to the contaminant. Also, if the CWS has
    received relief from an NPDWR, it must include information about that in the
    report.
    Section-by-Section Analysis
    The substance of 40 C.F.R. 141.151 has been added as new Section 611.881. The
    detection limits for radioactive contaminants are found in 40 C.F.R. 141.25(c) and have no
    counterpart in the Board’s existing rules. Accordingly, the Board adds Section 611.720(c)(3) to
    give detection levels for radionuclides (radioactive contaminants) in table form. The definitions of
    “Inorganic contaminants” and “Radioactive contaminants” have been added to the definitions
    found in Section 611.101.
    The Board does not include provisions relating to the adoption of alternative requirements
    for the form and content of consumer confidence reports, because mechanisms for regulatory
    relief are already specified in the Act in Title VII “Regulations” and Title IX “Variances.”
    Alternatively, the Board could add references to the existing relief mechanisms similar to those
    appearing in ,
    e.g.
    Sections 611.111-611.112. The Board welcomes comment on which would be
    the preferred approach. The Board adopts the compliance dates for delivery of the report found
    in 40 C.F.R. 141.152 in new Section 611.882. The Board does not include the first federal
    compliance dates of September 18, 1998, for existing CWSs or of April 19, 1999, for a CWS
    selling water to another, as those dates have passed. See 611.882(a), (c). Comment is requested
    on the omission of these past compliance dates.
    The substance of 40 C.F.R. 141.153 is included as Section 611.883. As the Board has
    not adopted them since they are not enforceable standards, we do not include the maximum
    contaminant level goal (MCLG) definition in Section 811.883(c). Likewise, the definition of
    Maximum Contaminant Level (MCL) does not include the language that “MCLs are set as close
    to MCLGs as feasible.” The federal definitions of “variances” and “exemptions” have been
    slightly modified to fit the Illinois scheme in the same manner as done in
    e.g
    . Section 611.111.
    Following USEPA’s recommendation, the Board adds the requirement that a CWS must report
    the presence of “other contaminants” in finished water in Section 611.883(e)(3).
    The Board includes the substance of 40 C.F.R. 141.154 in Section 611.884. The Board
    has eliminated an option to reword certain language in Section 611.884(b), (c) and (d), making it
    a requirement that a PWS which detects certain contaminants must include certain required
    language. The Board requests comment on this provision. The substance of 40 C.F.R. 141.155 is
    included as Section 611.885. Finally, the Board added new appendices to this subpart. See
    8
    Section 611.Appendix F, G, and H. For the reason explained above, the Board does not include
    MCLGs in the appendices.
    Disinfectants and Disinfection Byproducts: Section 611.Subparts F and I
    Overview
    USEPA adopted its disinfectants and disinfection byproducts rule on December 16, 1998.
    The Board directs attention to the December 16, 1998 issue of the
    Federal Register
    for a more
    complete discussion of the federal amendments. These federal regulations are known as the Stage
    1 Disinfection Byproducts Rules. While various provisions are located throughout
    40 C.F.R. 141 as detailed below, the bulk of them appear as new 40 C.F.R. Subparts F, H, and L.
    Most of the amendments to the Board rules appear in Part 611. Subparts F and I.
    USEPA promulgated NPDWRs for three disinfectants (chlorine, chloramines, and chlorine
    dioxide), two groups of organic disinfection byproducts (total trihalomethane (TTHM) and
    haloacetic acids (five) (HAA5)), and two inorganic disinfection byproducts (chlorite and
    bromate). The NPDWRs consist of maximum residual disinfectant levels (MRDLs), MCLs, or
    treatment techniques. The NPDWRs also include monitoring, reporting, and public notification
    requirements for these chemicals. Larger systems (serving more than 10,000 persons) must
    comply with these requirements by December 16, 2001, while certain smaller systems have an
    additional two years in which to achieve compliance.
    Section-by-Section Analysis
    The substance of the definitions amended in 40 C.F.R. 141.2 are included in today’s
    proposed rule. In a departure from the federal organization system, the Board does not include in
    the definition of “Maximum Residual Disinfectant Level” the explanation of when a PWS will be
    in compliance and applicable monitoring frequency. To minimize confusion to the regulated
    community, those standards for MRDLs are listed in Section 611.313 and compliance
    requirements are located in Section 611.383. Consistent with our past practice, the Board does
    not include “Maximum Disinfectant Level Goals” in this proposal, as these are not enforceable
    standards.
    The Board’s proposal includes two definitions for terms that the federal register did not
    define. Specifically, the Board has included a definition for “Disinfection Byproduct” (DBP) and
    “paired sample.” The DBP definition was created from language in the preamble of the federal
    regulations for this proposal. The “paired sample” language was created from the new Section
    611.382, which was taken from the federal regulations.
    Throughout the proposal, the term “Subpart B” systems is used in the place of the federal
    “Subpart H” systems. These are the public water systems which must meet the requirements of
    existing Subpart B and the analytical and monitoring requirements of Sections 611.531, 611.532,
    611.533, 611.Appendix B and 611.Appendix C of this Part. The federal equivalent to these
    sections are located in the federal 40 C.F.R. 141 Subpart H.
    9
    The substance of 40 C.F.R. 141.12, which covers TTHMs, is included in this rule. The
    old MCL for TTHM is 0.10 mg/L. The MCL applies to Subpart B systems serving more than
    10,000 persons until December 16, 2001. The level applies to systems using groundwater not
    under the direct influence of surface water until December 16, 2003. The Board added these
    compliance dates directly after the old MCL in Section 611.310. The new MCL is 0.08 mg/L and
    is located in new Section 611.312. The Board did not include the parenthetical sum of
    concentrations of chemicals that constitute TTHM because they are included in the definition of
    TTHM in Section 611.101. The substance of 40 C.F.R. 141.30 concerning compliance dates
    could not be proposed within a single section of Part 611. The Board included the compliance
    dates of the old TTHM MCLs in new Section 611.688 and sunsets Sections 611.680 through
    611.688 by making them inapplicable after December 16, 2003. New Subpart I contains
    monitoring requirements for TTHM; the frequency of monitoring is indicated in Section
    611.Table J.
    The substance of the 40 C.F.R. 141.32 requirements dealing with violations of the MRDL
    for chlorine dioxide are included in Section 611.851. A PWS must give a copy of the most recent
    public notice to new billing units for any outstanding violation of a MRDL, as required in Section
    611.853. The new federal definitions (chlorine, chlorine dioxide, disinfection byproducts and
    treatment technique for DPBs, bromate, and chlorite) are added to Section 611.Appendix A.
    The Board does not include in the proposal state counterparts to the substance of the
    amendments to 40 C.F.R. 141 Subpart F. These amendments add MCLGs and Maximum
    Residual Disinfectant Goals; they are not included in the Board’s rules as they are not enforceable
    standards.
    The substance of 40 C.F.R. 141. Subpart G is included in Sections 611.312 and 611.313.
    The MCLs for DBPs are found in new Section 611.312, as is the new 0.08 mg/l MCL for TTHM.
    MRDLs are located in Section 611.313. The Board specifically draws commenters attention to a
    provision found in Section 611.312(b) allowing for extension of compliance dates. As the rule is
    proposed, the Board may grant an extension of the compliance deadline for an additional 24
    months if a system is installing granular activated carbon (GAC) or membrane technology. The
    Board must set the schedule of compliance and may impose interim measures. Since the
    extension is a compliance extension, the Board believes it, rather than the Agency, must extend
    this date.
    The Board is adopting new Subpart I: Disinfectant Residuals, Disinfection Byproducts,
    and Disinfection Byproduct Precursors in the same format as found in the federal rule. The
    federal counterpart is 40 C.F.R. 141 Subpart L. The new rule is found in Sections 611.380
    through 611.385.
    The substance of 40 C.F.R. 141.130 is found in Section 611.380 virtually unchanged. In
    making the substance of 40 C.F.R. 141.131 a part of today’s proposal, the Board did not include
    an effective date for monitoring methods, as the date of compliance has passed. The Board
    requests comment on this omission.
    10
    In Section 611.381 the Board sets out the substance of the federal analytical requirements.
    Many documents referred to therein are incorporated by reference in Section 611.102. Section
    611.102 has been updated to reference the 19th edition of “Standard Methods” and its’ “1996
    Supplement.” The Board has placed the tables of approved methods for Disinfection Byproduct
    Compliance Monitoring and Disinfectant Residual Compliance Monitoring in new Sections
    611.381(b)(1) and (c)(1)
    The substance of 40 C.F.R. 141.132 is included in this proposed rule as Section 611.382.
    This section contains the provision that systems may use data collected under the Information
    Collection Rule(40 C.F.R. 141 Subpart M). There is no equivalent Illinois rule for Subpart M.
    However, The proposal provides that if a system has conducted monitoring under the federal
    Subpart M, then the system may use that data. The Board retains the provision allowing the
    Agency to return a system to routine monitoring for TTHMs and HAA5 in Section 611.382(b)
    and invites comment. Also included is the provision that the Agency may return a system to
    routine monitoring. See proposed Section 611.382(b)(1)(D). The Board notes that there are no
    federal criteria for this return. Nonetheless, the provision is included so that the proposal is as
    stringent as the federal rule. The Board invites comment on this provision.
    The substance of 40 C.F.R. 141.133 is made a part of today’s rule in Section 611.383; the
    substance of 40 C.F.R. 141.134 is made a part of today’s rule in Section 611.384. The Board
    retains the chart format in this Section which shows the information that must be reported for
    different types of systems. The Board added footnote 1 in Section 611.384(b), which appears to
    have been inadvertently omitted in the federal rule.
    New Section 611.385 regulates treatment techniques for DBPs and includes the
    amendments to 40 C.F.R. 141.135. In 611.385(a)(2)(C) the Board gives the Agency authority to
    determine if a system seeking to use the alternative compliance criteria has made a clear and
    irrevocable financial commitment prior to the deadline. The Board invites comments.
    In the enhanced softening requirements in subsection (b) the Board delegates to the
    Agency the authority to make a determination and approve an alternate minimum total organic
    carbon (TOC) removal requirement. The Board also delegates to the Agency the authority to
    grant a waiver of enhanced coagulation requirements. This approach is similar to requesting a
    special exception permit (SEP). An alternate approach to the alternate minimum (Step 2) and
    waiver of enhanced coagulation provisions would be to require a site-specific rule, variance, or
    adjusted standard following the procedures in 35 Ill. Adm. Code 102, 104, or 106. The Board
    welcomes comments on the proposed rule.
    In Section 611.385 (b), the Board includes the substance of 40 C.F.R. 141.135 (b). The
    Board has identified the Agency as the entity to make two determinations, concerning which the
    Board requests comment. The rule provides that if the PWS cannot achieve the Step 1 TOC
    removal requirement due to water quality parameters or operational constraints, the Agency shall
    approve the use of the Step 2 TOC removal requirement. The rule also provides that if the TOC
    removal is consistently less than 0.3 mg/L of TOC per 10 mg/L of incremental alum dose (as
    11
    aluminum) at all dosages of alum (or equivalent addition of iron coagulant), the Agency shall
    grant the waiver of enhanced coagulation requirements.
    Interim Enhanced Surface Water Treatment: Subpart R
    Overview
    USEPA adopted the interim enhanced surface water treatment rule on December 16,
    1998. The purpose of the rule is to improve control of microbiological pathogens and address
    risk trade-offs with disinfection byproducts. The Board directs attention to the December 16,
    1998 issue of the
    Federal Register
    for a more complete discussion of the federal amendments.
    The rule applies to PWSs that use surface water or ground water under the direct
    influence of surface water and serve 10,000 or more persons beginning December 17, 2001. The
    rule establishes or extends treatment techniques for certain contaminants in lieu of establishing
    MCLs. The contaminants involved are Giardia lamblia, viruses, herotrophic plate count bacteria,
    Legionella, Cryptosporidium, and turbidity.
    Key provisions of the rule include 99% (2-log) Cryptosporidium removal requirements for
    systems that filter, strengthened turbidity standards, requirements for covers on new water
    reservoirs and sanitary surveys for all surface water systems. As addressed in some detail below,
    the rule also adds a somewhat problematical new provision allowing the Agency to direct a PWS
    to conduct a composite correction plan.
    Section-by-Section Analysis
    In the Interim Enhanced Surface Water Treatment rule, definitions amended in 40 C.F.R.
    141.2 were added to Section 611.101 definitions. “Groundwater under the direct influence of
    surface water” is defined at Section 611.212(d). The Board includes Cryptosporidium as a
    pathogen without regard to the type of system in which the pathogen is found. This is keeping
    with the Board’s current definition where Cryptosporidium was included as “(
    e.g.,
    cryptosporidium )”.
    The provisions of 40 C.F.R. 141.32 with the reference to Subpart P in language necessary
    in public notices concerning “Microbiological contaminants” is added to Section 611.Appendix
    A(10) as the Illinois equivalent, Subpart R.
    The substance of the 40 C.F.R. 141.52 MCL Goals are not included in the Board’s rule as
    they impose no requirements for PWSs. The requirements in 40 C.F.R. 141.70 for systems
    serving more than 10,000 persons are found in new Section 611.220(d). Subpart R is the Illinois
    equivalent to federal Subpart P.
    The substance of the amendments in 40 C.F.R. 141.71 is included as Section 611.232(f).
    The gist of the provisions are that when attempting to avoid filtration, systems must now comply
    12
    with the TTHM MCL found in Section 611.232 until December 17, 2001. After that date,
    systems must comply with new requirements in Subpart I.
    The substance of 40 C.F.R. 141.73 amendments are included in this rule in various
    locations. Beginning December 17, 2001, systems serving 10,000 persons must meet turbidity
    requirements and other filtration technologies in new Subpart R, Enhanced Filtration and
    Disinfection. This requirement is added to Section 611.250 Filtration. The provisions of 40
    C.F.R. 141.153 amend part of the new consumer confidence rule, and the requirement imposed is
    found in Section 611.883(4)(d).
    The substance of 40 C.F.R. 141 Subpart P is included in this rule as new Subpart R. It is
    a major revision affecting Subpart B systems that serve more than 10,000 persons. The
    provisions of 40 C.F.R. 141.170 contain the general requirements for enhanced filtration and
    disinfection effective December 17, 2001. The regulations extend treatment techniques in lieu of
    MCLs for certain contaminants, and are found in Section 611.740. The substance of amendments
    in 40 C.F.R. 141.171 concerning requirements to avoid filtration are found in Section 611.741.
    In Section 611.742, the Board includes a provision requiring systems to develop a
    disinfection profile and benchmarking. The Board retains the provisions that if a system collected
    data under 40 C.F.R. 141 Subpart M, Information Collection Rule, then it must use the data
    collected to determine if disinfection profiling is required. In subsection (b), the Board requires a
    system to develop its disinfection profile for a period of up to three years, and adds the provision
    that the Agency shall determine the period of the profile.
    In Section 611.742 (b)(3), the Agency determines whether operational data of a system
    and a profile generated using that data are substantially equivalent to that required to be collected
    in subsection (b)(2). The Board has added a provision that if the Agency determines that the data
    is substantially equivalent, the Agency must approve the request to use the three years of existing
    operational data.
    In Section 611.742(b)(5),the Board authorizes the Agency to approve methods to
    calculate the logs of inactivation of viruses for systems that use either chloramines or ozone for
    disinfection . Systems are required to consult with the Agency before they make a significant
    change in disinfection practices.
    The substance of 40 C.F.R. 141.173 is included in today’s rule as Section 611.743. The
    proposal authorizes the Agency to approve a protocol for systems using lime softening that
    acidify samples, and to approve filtration technology and set turbidity performance requirements.
    The Board believes the Agency may approve the protocols and filtration technology because
    neither require the extension of a compliance date and there is a standard for decision (
    i.e.,
    99%
    removal). The Board invites comment on this provision.
    The substance of 40 C.F.R. 141.174 is included as Section 611.744. The substance of 40
    C.F.R. 141.175 is included in the rule as Section 611.745.
    13
    The Board does not include the substance of revisions to 40 C.F.R. 142.14 and 142.15 as
    these sections deal with requirements on the State only, concerning records and reports. The
    federal amendments to Section 142.16 deal with special primacy requirements for the State, and
    in most instances do not necessitate amendments to the Board’s rules. However, in 40 C.F.R.
    142.16(g)(1), the regulations require a State to have rules to implement a Composite Correction
    Program (CCP). This provision is addressed in some detail below.
    Composite Correction Program (CCP)—Section 611.160.
    On December 16, 1998 (63
    Fed. Reg. 69520), as a segment of the interim enhanced surface water treatment rule (IESWTR),
    USEPA added 40 C.F.R. 142.16(g)(1). This is a requirement that the state must have authority
    to require PWSs to conduct a composite correction program. USEPA describes the CCP has
    having two aspects: (1) the comprehensive performance evaluation (CPE) and (2) comprehensive
    technical assistance (CTA). In the CPE, the PWS undertakes a comprehensive review to identify
    its capabilities and practices that may be adversely affecting its ability to comply with the
    NPDWRs. The PWS implements a CTA if the CPE identifies potential areas for improvements.
    In the CTA, the system must identify facility-specific factors and implement operational changes
    to improve performance.
    The Board has proposed the CCP requirements for the purposes of public comment. The
    Board notes two troublesome aspects of the requirements. The first is whether these amendments
    are within the scope of the Board’s identical-in-substance mandate. The second is when the
    Agency may require a CCP, as there are no stated federal criteria for such a program. In this
    regard, the Board requests comments on whether a separate rulemaking under Section 27 of the
    Act should be used to establish the criteria for the CCP.
    Board Authority to Adopt.
    As previously stated, Section 17.5 of the Act requires the
    Board to adopt regulations that are identical-in-substance to rules adopted by USEPA pursuant to
    sections 1412(b), 1414(c), 1417(a), and 1445(a) of the SDWA (42 U.S.C. §§ 300g-1(a). 300g-
    3(c), 300g-6(a), and 300j-4(a) (1998)). These federal regulations generally provide for the
    establishment and enforcement of national primary drinking water regulations (NPDWRs).
    USEPA has codified nearly all of the NPDWRs in 40 C.F.R. 141, so that federal part forms the
    primary basis for the corresponding Illinois SDWA-based drinking water rules in 35 Ill. Adm.
    Code 611.
    In the case of the new CCP requirements, USEPA codified them in 40 C.F.R. 142, which
    sets forth the requirements for state programs. Thus, the CCP requirements are not clearly
    NPDWRs. To determine whether the CCP requirements are within the Board’s identical-in-
    substance mandate under Section 17.5 of the Act, we examine the statutory authority claimed by
    USEPA in adopting them. USEPA nowhere in the preamble discussion of the CCP specifically
    identifies the statutory authority under which it adopted the CCP requirements. See 63 Fed. Reg.
    at 69479-80. Rather, USEPA discusses the requirements generally as a segment of the IESWR
    (see 63 Fed. Reg. 69483-84), which it adopted pursuant to section 1412(b) of SDWA. See 63
    Fed. Reg. at 69480. Thus, establishing the CCP requirements as part of the Illinois regulations
    would appear to be within the Board’s identical-in-substance mandate.
    14
    Criteria for Requiring CCPs.
    In adopting its rules, USEPA did not set forth any
    requirements that would direct the State in the selection of PWSs that must undertake the CCP;
    USEPA only requires that the State must have authority to require selected PWSs to undertake
    the CCP. Section 7.2(a)(3) of the Act authorizes the Board to itself craft a regulation that is
    consistent with existing federal and State requirements where USEPA has outlined the rule that is
    required without setting forth its content. The CCP requirements present the Board with such a
    rule. Examination of the text of 40 C.F.R. 142.16(g)(1) itself does not indicate when the Agency
    should require a PWS to undertake a CCP. Examination of the preamble discussion of the CCP
    reveals little more: “It is conducted to identify factors that may be adversely impacting a plant’s
    capability to achieve compliance and emphasizes approaches that can be implemented without
    significant capital improvements.” See 63 Fed. Reg. at 69483-84. The preamble discussion
    reveals one further aspect of the CCP requirement: It relates to compliance with the turbidity
    requirements of the IESWTR. See 63 Fed. Reg. at 69483. A review of other USEPA documents
    provides little additional information.
    2
    Thus, although the text of the federal rule, the preamble discussion, and the documents
    encountered go into detail on the performance of CCPs and into their purpose, USEPA does not
    describe when the State should require a PWS to undertake a CCP. The proposed rule further
    requires the Agency to render its determination in writing, as it would render a permit decision
    under Section 39 of the Act. An Agency determination to impose the CCP requirement on a
    particular PWS is appealable to the Board under Section 40 of the Act.
    To ensure that the Illinois rules remain identical in substance to the federal requirements,
    the Board has not added qualifications or standards to the federal text, which is adopted nearly
    verbatim. Instead, to mitigate concerns that the Agency might arbitrarily require a CCP, the
    2
    A search of documents on the USEPA Office of Groundwater and Drinking Water Web site
    revealed four documents including discussion of the CCP requirement: two abstracts for full
    reports and two public information reports. The abstract for the USEPA handbook, “Optimizing
    Water Treatment Plant Performance Using the Composite Correction Program Approach,”
    EPA/625/6-91/027 (http://www.epa.gov/ttbnrmrl/625/6-91/027.htm), discusses the CCP as used
    to assess ability to achieve the finished water turbidity requirements, to identify factors that limit
    plant performance. The document, “Optimizing Water Treatment Plant Performance with the
    Composite Correction Program,” EPA/625/8-90/017 (http://www.epa.gov/ttbnrmrl/625/8-
    90/017.htm), discusses the CCP in the context of turbidity and also mentions remedial actions
    undertaken in response to actual pilot CCP study findings. The other two full-text documents
    contain more details, but little more substance of direct interest. The draft document,
    “Information for the Public on Participating with States in Preparing Capacity Development
    Strategies,” EPA816-D-97-003 (http://www.epa.gov/OGWDW/smallsys/appendix.html),
    discusses the CPE segment of a CCP in the context of examining facility capacity for system
    capacity development requirements. The document, “Information for the States on Implementing
    the Capacity Development Provisions of the Safe Drinking Water Act Amendments of 1986,”
    EPA816-R-98-008 (http://www.epa.gov/OGWDW/smallsys/capdev.html), similarly discusses the
    CPE segment for use in statewide prioritization of capacity development.
    15
    Board has proposed that the Agency make its determinations in writing, and we have noted that
    Agency CCP determinations are appealable to the Board pursuant to Section 40 of the Act. In
    this manner, a PWS would be relieved of compliance with any requirement that the Board
    determines is not necessary to accomplish the purposes of the Act or the SDWA regulations. The
    Board requests comment on this approach.
    The Board does not include the amendments to 40 C.F.R. 14216(g)(2). These
    amendments address State procedures. The procedures include how the State will approve a
    more representative data set and method to calculate virus inactivation, evaluate modifications to
    disinfection practice, and approve alternate filtration technology. The Board requests comments
    from the Agency indicating if rules are in place that address these amendments.
    DEVIATIONS FROM THE TEXT OF THE FEDERAL AMENDMENTS
    Illinois Section
    40 C.F.R. Section Revision(s)
    611.101
    Comprehensive
    performance
    evaluation
    141.2
    Added quotation marks to defined term; added
    “or”; changed “Subpart P” to “Subpart R”; added
    Board Note;
    611.101 Disinfection
    profile
    141.2
    Added quotation marks to defined term; referenced
    new Section 611.742; added Board Note;
    611.101 Enhanced
    coagulation
    141.2
    Added quotation marks to defined term; added
    “(DBP)”; added Board Note
    611.101 Enhanced
    softening
    141.2
    Added quotation marks to defined term; added
    “(DBP)”; added Board Note
    611.101 Filter profile 141.2
    Added quotation marks to defined term; added
    Board Note
    611.101 GAC10
    141.2
    Added quotation marks to defined term; added
    “(GAC)”; added Board Note
    611.101
    Groundwater under
    the direct influence
    of surface water
    141.2
    Added “and 40 CFR 141.2 (1998)” to Board Note
    611.101 Haloacetic
    acids (five)
    141.2
    Added quotation marks to added term; placed
    HAA5 in quotations; added an “s” to “means”;
    added “(mg/L)”; removed comma after
    “monobromoacetic acid”; added Board Note
    611.101 Maximun
    residual disinfectant
    level
    141.2
    Added quotation marks to added term; placed
    MRDL in quotations; added “the maximum
    permissible”; deleted “a”; added reference to
    611.313 and 611.383; deleted remaining federal
    text; added Board Note
    611.101 Uncovered
    finished water
    141.2
    Added quotation marks to defined term; added
    Board Note;
    16
    storage facility
    611.101 Subpart B
    systems
    141.2
    Added quotation marks to defined term; changed
    “Subpart H” to “Subpart B”; added reference to
    Sections of the Ill. Adm. Code that are
    requirements on Subpart B systems; added Board
    Note
    611.101 SUVA
    141.2
    Added quotation marks to defined term; added
    “which is”; deleted “(DOC)”; added Board Note
    611.101 Total
    Organic Carbon
    141.2
    Added quotation marks to defined term; placed
    TOC in quotations; removed comma after
    “chemical oxidants”; added Board Note
    611.111 (d)
    142.20 (a)
    Changed “a State” to “the Board”; deleted
    “pursuant to section 1415(a) of the Act”; changed
    “contaminant level” to “MCL”; changed “State” to
    “Board”; changed “must” to “will”
    611.112 (b)(4)
    1416 SDWA
    Added “Management or restructuring changes
    cannot reasonably be made that will result in
    compliance with the NPDWR.”
    611.112 (d)
    1416 SDWA
    Added “and relief may not be requested later than
    three years after the otherwise applicable
    compliance date established in Section 1412(b)(10)
    of the SDWA”
    611.112 (d)
    142.20
    Deleted “with 500 or fewer service connections”
    and added “which serves 3,300 or fewer persons”;
    changed “but not to exceed a total of 6 additional
    years” to “not to exceed a total of four years”
    611.131 (a)
    142.301
    Rendered entire federal section as subsection;
    changed “Section 1415(e) of the Act authorizes
    the issuance of” to “Variances may be obtained
    from”; changed “maximum contaminant level” to
    “MCL”; changed “system” to “a PWS”; added “in
    this Section”; did not include the remainder of the
    federal text; added “The PWS shall file a variance
    petition . . .”
    611.131 (b)
    142.303
    Rendered entire federal section as subsection;
    changed “A State exercising . . .” to “The Board
    will”; changed “Public water system” to “a PWS”;
    changed “With the approval . . . may” to “The
    Board will”; changed “Public water system” to “a
    PWS”; added “with the approval of the USEPA”;
    changed “Public water system” to “ PWS”;
    changed “the State . . .” to “the Board will”;
    changed “Public water system would also” to “a
    PWS also applies”
    611.131 (c)
    142.304
    Rendered entire federal section as subsection,
    17
    renumbering subsections accordingly; changed
    “subpart” to “Section”; abbreviated NPDWR;
    changed “subpart” to “Section”; deleted
    “otherwise available”; abbreviated MCL;
    abbreviated NPDWR; changed “Administrator” to
    “USEPA”; abbreviated PWS; abbreviated MCL
    (twice);
    611.131 (d)
    142.305
    Rendered entire federal section as subsection,
    renumbering subsections accordingly; changed
    “can be granted by a State” to “will be in effect”;
    changed “State” to “Board” (twice); abbreviated
    PWS; changed “Administrator” to “USEPA”;
    changed “State” to “Board” (twice); abbreviated
    PWS; changed “Administrator” to “USEPA”; did
    not include the remainder of the federal text
    611.131 (e)
    142.306
    Rendered entire federal section as subsection,
    renumbering subsections accordingly; abbreviated
    PWS; changed "must" to "shall"; changed “State”
    to “Board”; did not include the remainder of the
    federal text of (a); changed “subpart” to “Section”;
    changed “the State or Administrator must find . . .”
    to “the PWS shall prove and document the
    following to the Board”; abbreviated PWS; did not
    include the parenthetical federal text (twice);
    abbreviated PWS; changed "State" to "Board"; did
    not include the parenthetical federal text;
    abbreviated NPDWR; abbreviated PWS; changed
    "Act" to "SDWA"; abbreviated PWS; changed
    "Act" to "SDWA"; changed "Act" to "SDWA";
    abbreviated PWS; did not include “as developed
    through compliance with § 142.307”; abbreviated
    PWS
    611.131 (f)
    142.307
    Rendered entire federal section as subsection,
    renumbering subsections accordingly; changed “A
    State or . . .” to “The Board will set”; added
    “issued under this Section”; changed “must” to
    “will”; changed Administrator" to "USEPA"; did
    not include “pursuant to section 1412(b)(15) of the
    Act; did not include “as specified in 40 CFR part
    141”; changed “The State or Administrator must”
    to “The Board will”; abbreviated PWS; changed
    “must” to “will”; abbreviated PWS; changed “State
    or Administrator” to “Agency”; abbreviated PWS;
    changed “State or Administrator” to “Board”;
    changed “3” to “three”; changed “State or
    18
    Administrator” to “Board”; changed “2” to “two”;
    changed “State or Administrator” to “Board”;
    abbreviated PWS; changed "Act" to "SDWA";
    changed "Administrator or State" to "Board";
    changed "must" to "will"; changed “5” to “five”;
    abbreviated PWS (twice); changed "Administrator
    or State" to "Board"; changed "must" to "will";
    changed "Administrator or State" to "Board";
    changed "must" to "will"
    611.131 (g)
    142.308
    Rendered entire federal section as subsection,
    renumbering subsections accordingly; added “The
    Board will provide notice and opportunity for a
    public hearing as provided in 35 Ill. Admin. Code
    104, except as modified or supplemented by this
    Section.”; did not include “At least fifteen (15)
    days before the date of proposal, and”; did not
    include “(30)”; changed “prior to” to “before a”;
    changed "the State, Administrator, or public water
    system as directed by the State or Administrator,
    must” to “the PWS shall”; did not include “served
    by the public water system”; did not include
    “identified in paragraph (a)(1) of this section”; did
    not include “identified in paragraph (a)(2) of this
    section”; changed "system" to "PWS"; did not
    include the federal text of subsection (b); changed
    “EPA” to “USEPA”; changed “primacy agency” to
    “Board”; did not include the federal text of
    subsections (d) and (e); changed "Administrator or
    State" to "Board"; changed "must" to "will"
    (twice)
    611.131 (g)(3)
    142.309
    Rendered entire federal section as
    subsection(g)(3); changed "Administrator or State"
    to "Board"; changed "must" to "will"; did not
    include “(1)”; did not include the remaining federal
    text in (a) or the federal text in (b); added “The
    PWS must provide notice in the manner required
    under subsection (g)(1) of this Section at least
    thirty days prior to the public meeting.”; did not
    include the remainder of federal text in (c); added
    the Board Note
    611.131 (h)
    142.310
    Rendered entire federal section as subsection(h);
    changed "public water system" to "PWS"; changed
    Administrator" to "USEPA"; changed “30” to
    “thirty”; changed "State" to "Board"; changed
    "public water system" to "PWS"
    19
    611.131 (i)
    142.312
    Rendered entire federal section as subsection(i);
    changed “State must submit . . .” to "Agency shall
    promptly send . . ."; did not include the remainder
    of the federal text; changed “If the Administrator
    disapproves . . .” to “The Board will . . .”
    611.160
    142.15 (g)(1)
    Added subsection (g)(1) as Section 611.160;
    changed “Enforceable requirements. States must
    have the authority to” to “The Agency may”;
    added “in writing”; did not include “and to assure
    that PWSs implement . . ..”; added “shall”;
    changed “is conducted to” to “must”; ***;
    changed “system” to “PWS”; changed "must" to
    "shall"; added “A PWS shall implement any
    followup recommendations made in writing by the
    Agency that result as part of the CCP.”
    611.310 (c)
    141.12
    Abbreviated “MCL”; abbreviated “TTHM”; did
    not include parenthetical sum of TTHM; changed
    “subpart H’ to “Subpart B”; changed “which” to
    “that”; changed “a population of 10,000 people or
    more” to “10,000 or more persons”; changed “This
    level” to “The MCL of 0.10 mg/L for TTHM”;
    changed “this section” to “the MCL for TTHM in
    this Section”; did not include the remainder of the
    federal text
    611.312
    141.64
    Added new section; added “(MCLs)” and
    “(DBPs)” to section heading; added “(DBPs)”;
    changed "must" to "shall" (twice); changed
    “system” to “PWS”; changed "State" to "Board";
    spelled out “twenty four”; changed "In granting the
    extension, States must” to “The Board shall grant
    the extension”; changed "must" to "shall"; changed
    “system” to “PWS”; changed “The Administrator,
    pursuant to Section 1412 of the Act, hereby
    identifies” to “The following are identified”; added
    “(DBPs)”
    611.313
    141.65
    Added new section; capitalized Section heading;
    added “(MRDLs)”; changed "must" to "shall"
    (twice); changed “Subpart H” to “Subpart B”
    (twice); changed "must" to "shall" (twice);
    changed “Subpart H” to “Subpart B” (twice);
    deleted “The Administrator, pursuant to Section
    1412 of the Act, hereby identifies” and added “are
    identified”
    SUBPART I:
    Subpart L:
    Changed “Subpart L” to “SUBPART I”
    611.380 (a)
    141.130 (a)
    Abbreviated “NPDWRs”; changed “subpart L” to
    20
    “Subpart I”; changed “criteria” to “standards”;
    changed “which” to “that”; hyphenated “non-
    transient, non-community”; abbreviated “DBP”;
    changed “criteria” to “standards”; changed
    “transient NCWSs” to “transient non-community
    water systems (transient non-CWSs)”; did not
    include the remainder of the federal text
    611.380 (b)
    141.130 (b)
    Changed “Subpart H” to “Subpart B” (four times);
    changed "must" to "shall" (four times); changed
    “Transient NCWSs” to “Transient non-CWSs”
    611.380 (c)
    141.130 (c)
    Deleted “by the State and are included in a State
    register of qualified operators.” and replaced it
    with reference to “35 Ill. Admin. Code 680.”
    611.381 (a)
    141.131(a)
    Deleted “General”; changed "must" to "shall";
    deleted “or otherwise approved by the EPA for
    monitoring under this subpart”; deleted “These
    methods are effective for compliance monitoring
    February 16, 1999.”; did not include the remainder
    of the federal text; the incorporations by reference
    are found in Section 611.102
    611.381 (b)
    141.131(b)
    Added “(DPS)” (three times); changed "must" to
    "shall"; abbreviated “DBP”; changed "must" to
    "shall"; changed “EPA or the State” to “USEPA or
    the Agency” (twice);
    611.381(c)
    141.131(c)
    Changed "must" to "shall"; changed “State” to
    “Agency”; changed “EPA” to “USEPA”; changed
    “State” to “Agency”
    611.381(d)
    141.131(d)
    Deleted “Additional analytical methods.”; changed
    "must" to "shall"; changed “EPA” to “USEPA”;
    changed “State” to “Agency”; changed "must" to
    "shall"; “EPA” to “USEPA” (twice); deleted “or”
    and added coma to offset final element of a series
    (twice)
    611.382 (a)
    141.132 (a)
    Changed "must" to shall”; changed “State” to
    “Agency”; deleted federal text “in accordance with
    criteria developed under Sec. 142.16(f)(5) of this
    chapter.”; changed the structure of the federal
    sentence in (a)(4); changed “may” to “shall” ;
    added “under the Information Collection Rule (40
    CFR 141 Subpart M)”
    611.382 (b)
    141.132 (b)
    Added “(DBPs)”; changed "must" to "shall";
    changed “Subpart H” to “Subpart B” in chart
    (three times); changed “Subpart H” to “Subpart B”
    in chart (three times); changed "must" to "shall";
    changed “State” to “Agency”; changed "must" to
    21
    "shall"; changed "must" to "shall"; changed "must"
    to "shall"; changed “is required” to “shall”;
    changed "must" to "shall"; changed "must" to
    "shall" (three times)
    611.382 (c)
    141.132 (c)
    Changed "must" to "shall"; changed “Subpart H”
    to “Subpart B”; changed "must" to "shall" (twice);
    changed “is required” to “shall”; changed "must"
    to "shall" (twice);
    611.382 (d)
    141.132 (d)
    Changed “(DBPP)” to “(DBP)”; changed “Subpart
    H” to “Subpart B”; changed "must" to "shall" (four
    times); changed “Subpart H” to “Subpart B”;
    changed "must" to "shall"
    611.382 (e)
    141.132 (e)
    Changed "must" to "shall"
    611.382 (f)
    141.132 (f)
    Changed "must" to "shall" (twice); changed
    “State” to “Agency” ; changed “30” to “thirty”;
    changed “Subpart H” to “Subpart B”; changed
    "must" to "shall"; changed “State” to “Agency”
    (twice)
    611.383
    141.133
    Changed "must" to "shall"; changed "State" to
    "Agency"; changed "must" to "shall"; changed
    “will” to “shall”; changed "must" to "shall";
    changed "State" to "Agency"; changed “12” to
    “twelve”; changed "must" to "shall"; changed
    "State" to "Agency"; changed "must" to "shall"
    (three times); changed "must" to "shall" (three
    times); changed “(DPBP)” to “(DPB) precursors”;
    changed “12” to “twelve” (twice); added violation
    “of a NPDWR”
    611.384
    141.134
    Changed "must" to "shall"; changed "State" to
    "Agency"; changed “10” to “ten”; changed "must"
    to "shall"; changed "State" to "Agency"; changed
    “10” to “ten”; added “(DPBs)”; changed "must"
    to "shall"; changed “3” to “three” in table under
    (b); added the body of footnote number 1 under
    the table; added Board Note; changed "must" to
    "shall"; changed “12” to “twelve” (twice);
    changed “State” to “Agency” in footnote; added
    Board Note; added “(DBP)”; changed "must" to
    "shall"; changed “State” to “Agency” in footnote;
    added Board Note
    611.385 (a)
    141.135 (a)
    Changed “Subpart H” to “Subpart B”; changed
    "must" to "shall"; changed “Subpart H” to
    “Subpart B”; changed "must" to "shall" (twice);
    changed "State" to "Agency"; changed "must" to
    "shall"; abbreviated “NPDWR”
    22
    611.385 (b)
    141.135 (b)
    Changed "must" to "shall"; changed "State" to
    "Agency"; changed “are required” to “shall”;
    changed "must" to "shall" in footnote; changed
    “Subpart H” to “Subpart B”; changed "State" to
    "Agency"; added “If the PWS cannot achieve the
    Step 1 TOC removal requirement due to water
    quality parameters or operational constraints, the
    Agency shall approve the use of the Step 2 TOC
    removal requirement.” ; changed "State" to
    "Agency" (three times); changed "must" to
    "shall"; changed "State" to "Agency"; changed
    “as” to “at”; placed Alternate enhanced
    coagulation level in quotations; changed “State”
    to “Agency” (twice); changed "must" to "shall";
    changed "State" to "Agency"; added “If the TOC
    removal is consistently less than 0.3 mg/L of TOC
    per 10 mg/L of incremental alum dose (as
    aluminum) at all dosages of alum (or equivalent
    addition of iron coagulant), the Agency shall grant
    the waiver of enhanced coagulation
    requirements.”
    611.385 (c)
    141.135 (c)
    Changed “Subpart H” to “Subpart B”; changed
    "must" to "shall" (twice); changed “12” to
    “twelve”; did not include parenthetical federal text
    in (c)(ii); changed “12” to “twelve” (twice);
    changed “Subpart H” to “Subpart B”
    611.385 (d)
    141.135 (d)
    Added “disinfection byproduct”; did not include
    “The Administrator identifies . . .” and added
    “are”
    611.684
    141.30 (d)
    Did not include the change to the federal text
    611.686
    141.30 (f)
    Did not include the change to the federal text
    611.688
    141.30 (h)
    Added new section “611.688 Applicable Dates”;
    replaced “paragraphs (a) through (g) of this
    section” with “Sections 611.680 through 611.686”
    (twice); replaced subpart H with “Subpart B” ;
    changed this Section is no longer applicable to
    “Sections 611.680 through 611.688 are no longer
    applicable.”
    611.740
    141.170
    Changed “subpart P” to “Subpart R”; changed
    “subpart H” to “Subpart B”; added “(MCLs)”
    (twice); changed "must" to "shall"; changed “are
    not permitted” to “shall not”; changed “beginning”
    to “after”
    611.741
    141.171
    Changed "must" to "shall" (twice); changed “State
    must” to “Agency shall”; deleted “and/”;
    23
    611.742 (a)
    141.172 (a)
    Changed "must" to "shall"; changed "must" to
    "shall" (three times); changed "must" to "shall";
    changed “those” to “that”; changed "must" to
    "shall"; changed “State” to “Agency” (twice);
    changed "must" to "shall"; changed “State” to
    “Agency”; changed "must" to "shall"; changed
    “those” to “that”; changed “State” to “Agency”
    (twice); changed "must" to "shall" (three times);
    changed “State” to “Agency”; changed "must" to
    "shall" (twice)
    611.742 (b)
    141.172 (b)
    Changed "must" to "shall"; added “The Agency
    shall determine the period of the disinfection
    profile.”; changed "must" to "shall"; changed “12”
    to “twelve”; changed "must" to "shall" (four
    times); changed “those” to that”; changed “State”
    to “Agency” (twice); changed "must" to "shall";
    changed “are” to “is”; changed “These” to “The” ;
    added “If the Agency determines that the
    operational data is substantially equivalent, the
    Agency shall approve the request.”; changed
    “State” to “Agency”; changed “those” to “that”;
    changed “State” to “Agency”; changed "must" to
    "shall"; changed “these” to “the”; changed “are” to
    “is”; changed “these” to “the”; added “If the
    Agency determines that the operational data is
    substantially equivalent, such systems may use
    these additional yearly disinfection profiles to
    develop a benchmark under the provisions of
    subsection (c) of this Section.”; changed "must" to
    "shall" (five times); changed "State" to "Agency";
    changed "must" to "shall"; changed "State" to
    "Agency" (twice)
    611.742 (c)
    141.172 (c)
    Changed "must" to "shall"; changed "State" to
    "Agency" (twice); changed "must" to "shall";
    changed "must" to "shall" (twice); changed "must"
    to "shall"; changed "State" to "Agency"; changed
    "must" to "shall"; changed "State" to "Agency"
    611.743
    141.173
    Changed “subpart H” to “Subpart B”; changed
    "must" to "shall";
    611.743 (a)
    141.173 (a)
    Changed "State" to "Agency"
    611.743 (b)
    141.173 (b)
    Changed "State" to "Agency"; deleted “and/”;
    changed "State" to "Agency" (twice); changed
    "must" to "shall" (twice); changed “may not” to
    “shall not”
    611.744
    141.174
    Changed "must" to "shall" (three times); changed
    24
    “15” to “fifteen”; changed "must" to "shall"; added
    “shall conduct grab sampling”
    611.745
    141.175
    Changed "must" to "shall"; changed "State" to
    "Agency"; changed "must" to "shall"; changed
    "State" to "Agency";
    611.745 (a)
    141.175 (a)
    Changed “10” to “ten”; changed “includes” to “is”;
    deleted “by the State”
    611.745 (b)
    141.175 (b)
    Changed "must" to "shall" (twice); changed “10”
    to “ten”; changed "must" to "shall"; changed “10”
    to “ten”; changed "State" to "Agency”; changed
    “15” to “fifteen”; changed "must" to "shall"
    (twice); changed “7” to “seven”; changed "must"
    to "shall" (twice); changed “7” to “seven”;
    changed “15” to “fifteen”; changed "must" to
    "shall" (twice); changed “14” to “fourteen”;
    changed “15” to “fifteen”; changed "must" to
    "shall" (twice); changed "State" to "Agency"
    (twice); changed “30” to “thirty”; changed "State"
    to "Agency"; changed “90” to “ninety”
    611.851
    141.32
    Added “MRDLs” to heading; did not include the
    remainder of the federal text;
    611.851 (a)
    141.32 (a)
    Added “or MRDLs of disinfectants”; did not
    include the remainder of the federal text; added
    new subsection (a)(1)(E) “Violation of the MRDL
    for chlorine dioxide as defined in Section 611.313
    and determined according to Section 611.383
    (c)(2).”
    611.853
    141.32 (c)
    Abbreviated and added “MRDL” to section; did
    not include the remainder of the federal text;
    611.881
    141.151
    Capitalized “Subpart” (twice); added abbreviation
    “(CWSs)”; abbreviated “CWSs”; capitalized
    “Subpart”; placed “customers” in quotation marks
    and removed italics; abbreviated “CWS”;
    capitalized “Subpart”; placed “detected” in
    quotation marks and removed italics; changed the
    federal citations for contaminants to the applicable
    Illinois citations; did not include the remainder of
    the federal text of subsections (e) and (f)
    611.882
    141.152
    Changed Section heading “Effective dates” to
    “Compliance dates”; did not include the federal
    text of subsection (a); abbreviated “CWS” (twice);
    changed "must" to "shall" (twice); abbreviated
    “CWS” (twice); changed “must” to “shall”; did not
    include date of April 19, 1999 as such date has
    passed
    25
    611.883
    141.153
    Abbreviated “CWS”; changed "must" to "shall";
    abbreviated “CWS”; changed “primacy agency” to
    “Agency” (twice); changed “operator” to
    “supplier”; did not include definition of “MCLG”;
    changed “as close as possible to the MCLGs as
    feasible using” to “considering”; abbreviated
    “CWS”; changed “a variance or exemption” to
    “relief from a NPDWR”; changed definition of
    “Variance s and Exemptions” to “Variances,
    Adjusted Standards, and Site-specific Rules”;
    “deleted “or EPA”; changed “which” to “that”;
    changed "EPA" to "USEPA"; changed “sub-
    section” to “subsection”; changed “by-products” to
    “byproducts” ; abbreviated “CWS”; deleted “EPA
    and State”; changed “5” to “five” (twice); did not
    include the federal text of (d)(4)(ii); deleted
    “and/”; changed “should” to “must” (twice);
    changed “40” to “forty” (twice); changed
    “operator’s” to “supplier’s”; changed “should” to
    “must”; changed “operator” to “supplier” (twice);
    changed “system” to “CWS”; abbreviated “CWS”;
    changed “should” to “must” (twice); changed
    “systems could” to “a CWS may”; changed
    “system” to “CWS” (twice); changed “must” to
    “shall”; changed “system” to “CWS” (four times);
    did not include the federal text “EPA strongly
    encourages . . .” and added the requirement “the
    report must include”; added “an” NPDWR;
    changed “system” to “CWS”; changed “subpart H”
    to “Subpart B”; capitalized “Part”; changed
    “systems” to “CWSs”; changed “subpart I” to
    “Subpart G”; did not capitalize “acrylamide and
    epichlorohydrin”; changed “variance, and
    exemption” to “variance, adjusted standard, site-
    specific rule”; changed “Variance and Exemption”
    to “Variances, adjusted standards, and site-specific
    rules” (three times); changed system” to “CWS”;
    changed “variance, and exemption” to “variance,
    adjusted standard, site-specific rule” (twice);
    changed “systems” to “CWSs”; did not italicize
    listed contaminants; changed “EPA” to “USEPA”;
    changed “FDA” to “United States Food and Drug
    Administration (USFDA)”; changed
    “Environmental Protection Agency’s” to
    “USEPA”; abbreviated “CWS”; changed “Primacy
    26
    Agency” to “Agency”; did not include federal text
    “(e.g., time and place of regularly scheduled board
    meetings)”; changed “systems” to “the CWS”;
    changed “they deem” to “it deems”
    611.884
    141.154
    Added “the USEPA”; changed “system” to
    “CWS”; changed "must" to "shall"; added “the
    following language”; deleted “such as”; changed
    "EPA" to "USEPA"; changed “Primacy Agency”
    to “Agency”; changed “system” to “CWS”;
    changed "must" to "shall"; added “the following
    language”; deleted “such as”; changed “Primacy
    Agency” to “Agency”; changed “Systems” to “A
    CWS”; changed "must" to "shall"; added “the
    following language”; deleted “such as”; added
    “USEPA”; changed “Primacy Agency” to
    “Agency”; changed “Systems” to “A CWS”;
    changed "must" to "shall"; added “the following
    language”; deleted “such as”; added “USEPA”;
    changed “Primacy Agency” to “Agency”
    611.884 (e)
    141.154 (e)
    Changed "must" to "shall"; added “the”
    611.885
    141.155
    Abbreviated “CWS”; changed "must" to "shall";
    changed “system” to “CWS”; changed "must" to
    "shall"; did not include the remainder of the federal
    text of “good faith effort”; changed “system” to
    “CWS”; abbreviated “CWS”; changed “primacy
    agency” to “Agency”; changed "must" to "shall";
    changed “primacy agency” to “Agency”; changed
    “3” to “three”; changed “primacy agency” to
    “Agency”; changed “system” to “CWS”;
    abbreviated “CWS”; changed "must" to "shall";
    changed “primacy agency” to “Agency”;
    abbreviated “CWS”; changed "must" to "shall";
    abbreviated “CWS”; changed "must" to "shall";
    abbreviated “CWS (three times); deleted the
    federal text referencing tribes in subsection (g);
    changed "must" to "shall"; changed “5” to “five”
    611.Appendix A
    141.32 (e)(10)
    Changed “subpart P” to Subpart R”
    611.Appendix A
    141.32 (e)(76)
    Abbreviated “USEPA”; changed “EPA” to
    “USEPA” (twice)
    611.Appendix A
    141.32 (e)(77)
    Abbreviated “USEPA”; changed “EPA” to
    “USEPA” (twice)
    611.Appendix A
    141.32 (e)(78)
    Abbreviated “USEPA”; changed “EPA” to
    “USEPA” (twice); changed “paragraph (e) 78” to
    “Section” in Note; changed EPA to “USEPA”
    611.Appendix A
    141.32 (e)(79)
    Added “(DBPs)”; abbreviated USEPA; changed
    27
    EPA to “USEPA” (twice);
    611.Appendix A
    141.32 (e)(80)
    Abbreviated “USEPA”; changed “EPA” to
    “USEPA”
    611.Appendix A
    141.32 (e)(80)
    Abbreviated “USEPA”; changed “EPA” to
    “USEPA”
    611.Appendix F
    Appendix A to
    Subpart O
    Did not include federal information or column
    “MCLG in CCR units”
    611.Appendix G
    Appendix B to
    Subpart O
    Did not include federal information or column
    “MCLG”
    611.Appendix H
    Appendix C to
    Subpart O
    Board Amendments Not Federally Derived
    Section
    Revision(s)
    611.101 Definitions
    Updated CFR edition cited to all definitions
    611.101 "Best available technology"
    Changed U.S. EPA to “USEPA”
    611.101 “U.S. EPA” or “USEPA”
    Added “or “USEPA””
    Section 611.111 and 611.111 (a)
    Added “Relief Equivalent to SDWA” in section heading;
    added Section 1415”(a)”; added “to describe how the
    Board grants State relief”; added “to that available from
    USEPA under”; added “See Section 611.Table H.
    SDWA Section 1415 variances do not require ultimate
    compliance within five years in every situation.
    Variances under Sections 35-37 of the Act do require
    compliance within five years in every case.
    Consequently, a PWS may have the option of seeking
    state regulatory relief equivalent to an SDWA Section
    1415 variance through one of three procedural
    mechanisms: a variance under Sections 35-37 of the Act
    and 35 Ill. Adm. Code 104; a site-specific rule under
    Sections 27-28 of the Act and 35 Ill. Adm. Code 102; or
    an adjusted standard under Section 28.1 of the Act and
    35 Ill. Adm. Code 106.”; changed “may” to “will”;
    changed “supplier” to “PWS”; added “ a site-specific rule
    or an adjusted standard”; changed “a NPDWR in this
    Part” to “an MCL or a treatment technique pursuant to
    this Section”; changed “supplier” to “PWS”; deleted
    “variance”; added “102, 104, or 106 as applicable”;
    deleted remainder of text in (a)(1); added “If a State
    requirement does not have a federal counterpart, the”
    and deleted “The”; changed “a variance” to “relief”;
    deleted “additional”; deleted “in this Part”;
    28
    611.111 (b)
    Changed “ showing of arbitrary or unreasonable
    hardship” to “justification for relief under this Section”;
    changed “supplier” to “PWS”; changed “that” to “the
    following”; added “and alternative sources”; changed
    “supplier” to “PWS”; added “or that the treatment
    technique is not necessary to protect the health of
    persons served”; deleted “or other requirement”;
    changed “The system has applied BAT as identified in
    Subpart G of this Part.” to “The PWS will install or has
    installed the best available technology (BAT) (as
    identified in Subpart G of this Part), treatment technique,
    or other means which the Agency finds available.”;
    deleted “as defined in subsection (g) below”
    611.111 (c)
    Added “In any order granting relief under this Section,”;
    changed “supplier” to “PWS”; changed “other
    requirement” to “treatment technique”; changed
    “variance” to “relief”; changed “supplier” to “PWS”;
    changed “or other requirement, during the period ending
    on the date compliance with such requirement is
    required” to “or treatment technique with respect to
    which the relief is granted”
    611.111 (d)
    Added “Schedule of compliance”; deleted “A schedule of
    compliance will require compliance with each MCL or
    other requirement with respect to which the variance was
    granted as expeditiously as practicable”; added the
    remainder of the text in (d) (1) and (2)
    611.111 (e)
    Changed “provide notice and opportunity” to “hold at
    least one”; added “In addition the Board will accept
    comments as appropriate pursuant to”; deleted “as
    provided in”; added “102” and “104”
    611.111 (f)
    Changed “a variance” to “relief”; changed “demonstrate”
    to “prove”; added “From the residual disinfectant
    concentration (RDC) requirements of Sections
    611.241(c) and 611.242(b).”
    611.111 (g)
    Added “The Agency shall promptly send USEPA the
    Opinion and Order of the Board granting a variance
    pursuant to this Section. The Board may reconsider and
    modify a grant of variance, or variance conditions, if
    USEPA notifies the Board of a finding pursuant to
    Section 1416 of the SDWA.”; deleted remainder of text
    in (g)
    611.111 (h)
    Added “In addition to the requirements of this Section,”;
    added “611.131 may”; changed “determinations made”
    to “relief granted”; added “and (B) in Board Note;
    changed “U.S. EPA” to “USEPA”
    29
    Section 611.112 and 611.112 (a)
    Added “Relief Equivalent to SDWA”; changed
    “Variances” to “Exemptions” in section heading;
    changed “as a State” to “to describe how the Board
    grants State relief”; added “to that available from
    USEPA under”; deleted “of”; added “See 611.Table H.
    SDWA Section 1416 exemptions do not require ultimate
    compliance within five years in every situation.
    Variances under Sections 35-37 of the Act do require
    compliance within five years in every case.
    Consequently, a PWS may have the option of seeking
    state regulatory relief equivalent to an SDWA Section
    1416 exemption through one of three procedural
    mechanisms: a variance under Sections 35-37 of the Act
    and 35 Ill. Adm. Code 104; a site-specific rule under
    Sections 27-28 of the Act and 35 Ill. Adm. Code 102; or
    an adjusted standard under Section 28.1 of the Act and
    35 Ill. Adm. Code 106.”; changed “may” to “will”;
    changed “supplier” to “PWS”; added “, site-specific rule,
    or an adjusted standard”; deleted “any requirement
    respecting”; added “pursuant to this Section”; deleted
    “requirement of an NPDWR in this Part”; changed
    “supplier” to “PWS”; deleted “variance”; added “102”
    and “or 106 as applicable”; deleted “except as modified
    or supplemented by this Section”; added “If a State
    requirement does not have a federal counterpart”;
    changed “a variance” to “relief”; deleted “additional”;
    deleted “in this Part”
    611.112 (b)
    Changed “showing of arbitrary or unreasonable
    hardship” to “justification for relief under this Section”;
    changed “supplier” to “PWS”; changed “that” to “the
    following”; changed “supplier” to “PWS” (three times);
    changed “variance” to “relief”;
    611.112 (c)
    Added “In any order granting relief under this Section”;
    changed “supplier” to “PWS”; changed “variance” to
    “relief”; changed “supplier” to “PWS”; deleted “during
    the period ending on the date when compliance is
    required”; added “with respect to which relief is granted”
    611.112 (d)
    Changed “variance” to “relief” (three times); changed
    “supplier” to “PWS”; changed “standard” to “NPDWR”;
    changed “supplier” to “PWS”; changed “standard” to
    “NPDWR”; changed “supplier” to “PWS” (three times);
    changed “a variance under subsections (d)(1)(A) or
    (d)(1)(B) above” to “relief”; changed “supplier” to
    “PWS”
    611.112 (e)
    Changed “provide notice and opportunity for a” to “hold
    30
    at least one”; added “In addition the Board will accept
    comments as appropriate pursuant to”; deleted “as
    provided in”; added “102” and “, or 106”
    611.112 (f)
    Changed “U.S. EPA” to “USEPA” (twice)
    611.112 (g)
    Changed “a variance” to “relief”; changed “demonstrate”
    to “prove”
    611.112 (h)
    Added “In addition to the requirements of this Section”;
    added “or 611.131 may”; changed “determinations
    made” to “relief granted”; in Board Note changed
    “1994” to “1998” (twice) and “U.S. EPA” to “USEPA”
    611.160
    Added “For purposes of compliance with Subpart R of
    this Part, the comprehensive performance evaluation
    must consist of at least the following components:
    Assessment of plant performance; evaluation of major
    unit processes; identification and prioritization of
    performance limiting factors; assessment of the
    applicability of comprehensive technical assistance; and
    preparation of the CPE report.”; added “Agency
    requirements that a PWS conduct a CCP or any followup
    recommendations made in writing by the Agency that
    result as part of the CCP are appealable by a PWS
    pursuant to Section 40 of the Act.”
    611.310
    Added “Maximum Contaminant Levels” to heading;
    placed “MCLs” in parenthesis; changed “U.S. EPA” to
    “USEPA” (three times)
    611.851
    Changed “supplier” to “PWS”; updated citation to
    corresponding federal provision;
    611.232 (f)
    Updated citation to corresponding federal provision
    The rule text is contained in a separate order adopted today.
    IT IS SO ORDERED.
    I, Dorothy Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
    above opinion was adopted on the 6th day of May 1999 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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