ILLIr~o1s

POLlUTION CO~~LN

BOARD

December

1

~9

LU

THE UATTE~.

OF~

AMENDMENT

OF

35 111.

)

R83—39

ADM. CODE 704.122

(Underground Injection

Control)

)

OPINION AND ORDER OF TUE BOARD

(by J.

B.

Dumeile):

This matter

comes

before the Board upon

a December 13,

1983

proposal

to amend regulations requesting the amendment of

35 Ill.

Adm.

Code 704.122 pursuant to Section 13(c)

of the Environmental

Protection Act (Act)~

This action would amend the Underground

Injection Control

(UIC)

rules which were adopted by the Board

on May

13,

1983

(R81—32) consistent with a federal

amendment

to 40 CFR 144,12(a)

(renumbered

from

40 CFR 122,34(a)) which was

adopted on April

1,

1983 at 48 Fed.

Req.

141~)4,

Pursuant

to Section 13(c)

of the Act,

the Board was

required to adopt “within 180 days regulations which are identical

in substance to federal

.

.

.

amendments” under

the UIC

program.

Therefore,

this amendment should have been adopted

by the start

of October.

However,

no ~~roposal

to

do

so wa~ forthcoming

until

this proposal was filed.

On or about December

5,

1983,

Region V of the United

States Environmental Protection Agency

(USEPA)

notified the

Agency by telephone that

USEPA

Headquarters

will not grant the

State of Illinois primary enforcement responsibility under

Section 1422 of the Safe Drinking Water Act

(SDWA)

until

the

State adopts the amendment to 35

Ill.

Adm.

Code 704.122

reflecting

the federal

amendment

to 40 CFR 144.12 and such

amendment becomes effective,

USEPA confirmed its position

~L

this matter

in writing

on December

14,

1983.

The Agency~s IJIC program

is presently operating with monies

received from

a USEPA grant for

federal FY—83 and thus terminated

on September

30,

1983.

However, since

the State had unexpended

FY—83 funds

and also had a UIC program application pending

before USEPA,

the State was given a three—month extension to

the FY—83 grant.

This three—month extension ends

December

31,

1983.

55-319

---

2

USEPA has taken the position that

it will award

UIC

grants

for FY-84 only to those states which have received primary

enforcement authority under the Safe Drinking Water Act, under

which the UIC program falls,

and

without

the FY—84 grant,

the

Agency will not have sufficient funds

to carry out the

activities

which the Agency believes are necessary for an environmentally

sound

and

comprehensive

UIC program.

Since

the proposed amendment

to 35

Ill.

Adm.

Code 704.122

~iil1

be

adopted pursuant

to Section 13(c)

of

the Act,

the

provisions and requirements of Title VII of the Act and Section

5 of the Mministrative Procedure

~\ctdo

not apply to this

rulemaking.

Therefore,

the Board

is empowered

to adopt this

amendment

without hearing, public comment or

review

by

the

Joint

Committee

on Administrative

Rules.

While

the

Board

in

general,

prefers

to

allow

full public

comment

and

opportunity

for

hearing

even

whore

such

is

not

required,

it is

not

practical

in

this

case

to

do

so.

The

Board

will,

therefore,

adopt

the

amendment

as

proposed

in

that

the

language

is

not

only

“identical

in

substance”

to

the

federal

language,

hut

is

in

fact

a

verbatim

amendment,

and

the

Board

can

best

effectuate

the

intent

of

the

Legislature

and

can

best

protect

the

environment

by

immediate

adoption.

The

Board

notes

that

35

Iii.

Adm.

Code

720.120(a)

would

normally

require

a

listing

in

the

proposal

of

“all

amendments

to

40

CFR

Parts

260—265

which

have

been

made

since

the

last

preceding

amendment

or

proposal

to

amend

Parts 720—725” and that no such

listing

was

included

in

the

present

proposal.

However,

given the

compelling

reasons

for

expeditious

action

in

this

matter,

the

Board

waives

that

requirement which was imposed largely

for

reasons

of

administrative

convenience.

The

Clerk

of

the

Board

is

directed

to

file

this

adopted

rule

with

the

Secretary

of

State.

ORDER

The

Board

hereby

adopts

the

following

amendment

to

35

Ill.

Mm.

Code

704.122.

Section 704.122 Prohibition of Movement of

Fluid into USDW

(a)

~

~

~

No owner

or

oEerator

shall

construct,

ape

ate

,

mai~~n

convert,

Jalu~g, abandon or

conduct~other

in

j

ect

ion

---

3

~

~

fluid

c

ontainigj

a~~ontaminant

into

u

nde

~ound

~rcesofdrinkth~w~

if the presence of that

contaminant may cause

a violation of any primary

drinking

water

regulation

under

40

CFR

142

or

may

otherwise adversely affect the health of persons.

The applicant for a permit shall have the

burden

of showing that the requirements of

this paragraph

are met,

(b)

For

Class

I and III wells,

if any water quality

monitoring

of

an underground source of drinking

water

indicates the movement of any contaminant

into

the

underground source of drinking water, except as

authorized under 35

Ill.

Adm, Code

730,

the

Agency

shall prescribe

such

additional requirements

for

construction,

corrective

action,

operation,

monitoring

or

reporting

(including

closure

of

the injection well)

as are necessary

to

prevent such movement.

In the

case of

wells authorized

by

permit,

these additional

requirements shall

he imposed by modifying the permit

in accordance with 35

Ill.

Mm.

Code 702.183 through

702.185

or

the

permit may he subject to revocation

under

35

Ill.

Adm.

Code 702.186 if cause exists,

or

appropriate enforcement action may be taken

if

the

permit

has

been

violated.

In

the

case

of

wells

authorized

by

rule,

see

Section

704.141.

(c)

For Class V welLs,

it at any time the Agency learns

that

a

Class

V

well

may

cause

a

violation of primary

drinking water regulations under 40 CFR 142,

it

shall:

(1)

Require

the injector

to obtain

an

individual

permit;

(2)

issue a permit which requires

the

injector to

take such actions

(including where required

closure of the injection well)

as may be

necessary

to prevent

the

violation;

or

(3)

Take enforcement action.

(d)

Whenever the Agency

learns that a Class V well

may

be otherwise adversely affecting the health

of persons,

it may prescribe

such actions as may be necessary

to prevent the adverse effect,

including any

action

authorized

under paragraph

(c).

te)

Notwithstanding any other provisions

of this section,

the Agency may take emergency action upon receipt

55-321

---

4

of information that a

contaminant

which

is

present

in or

is likely to enter a public water system may

present an imminent and substantial endangerment

to the health of persons.

(Board Note:

See

40 CFR 144.12.)

(Source:

Amended

at

_1l1.

Reg.

___,

effective as noted

~

35 Ill. Mm.

Code 700,106.)

IT

IS SO ORDERED.

I, Christan L,

Moffett, Clerk of the Illinois

Pollution

Control

Board, hereby certify that

the above Opinion and Order

was adopted on the /~_day

of

~

1983

by a vote of

~

Christan L. Mof?~k), Clerk

Illinois Poliutièin~Control Board

Q~()