R9912fo3.PDF

ILLINOIS POLLUTION CONTROL BOARD

July 22, 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)

Adopted Rule. Final Order.

OPINION OF THE BOARD (by R.C. Flemal):

Under Section 17.5 of the Environmental Protection Act (Act) (415 ILCS 5/17.5 (1998)),

the Board adopts 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), and 300j-4(a). The nominal timeframe of this docket includes SDWA

amendments that the USEPA adopted in the period July 1, 1998, through December 31, 1998.

However, this docket also considers a correction taken after December 31, 1998, on which the

Board is acting without delay. The USEPA took four actions during the nominal timeframe

period that necessitate Board action. The federal SDWA regulations are found at 40 C.F.R. 141

and 142.

The final rule adopted today includes 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 the 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 (1998)) do not

apply to the Board’s adoption of IIS regulations.

FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING

The 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)

The 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 a state may issue small system variances to public

water systems (PWSs) serving less than 10,000 persons.

63 Fed. Reg. 44511 (August 19, 1998)

The 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 its 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)

The USEPA adopted disinfectant and disinfection byproducts rule amendments to the

National Primary Drinking Water regulations (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)

The USEPA adopted 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%

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.

Later SDWA Amendments of Interest

The Board monitors federal actions on an ongoing basis. As of the date of this opinion

and order, the Board has identified one USEPA action since December 31, 1998 that further

amends the SDWA primary drinking water rules. Two other USEPA corrective actions are

pending, and the Board includes those pending amendments in today’s rule. The Board identified

the following federal actions since the December 31, 1998 end date of the present update docket

R99-12:

64 Fed. Reg. 34732 (June 29, 1999)

The USEPA adopted corrections to the August 19, 1998 (63 Fed. Reg. 44511) “consumer

confidence reports” regulations. The amendment corrects several typographical errors in

the previous amendment.

Pending Fed. Reg. Publication

The USEPA proposed revisions to the interim enhanced surface water treatment rule

(IESWTR) and the Stage 1 disinfectants and disinfection byproducts rule (DBPR). The

proposed amendment consists of technical corrections to the two rules.

Pending Fed. Reg. Publication

The USEPA proposed revisions to National Primary Drinking Water Regulations for

disinfectants and disinfection byproducts, and interim enhanced surface water treatment;

Revisions to State Primacy Requirements to Implement SDWA Amendments. The

proposed amendment consists of correcting amendments.

When the Board observes an action outside the nominal timeframe of a docket that would

require expedited consideration in the pending docket, the Board will expedite consideration of

those amendments. Federal actions that could warrant expedited consideration include those that

directly affect the amendments involved in this docket, those for which compelling considerations

would warrant consideration as soon as possible, and those for which the Board has received a

request for expedited consideration.

The Board will expedite consideration of these amendments in this docket R99-12. The

June 29, 1999 amendments and the proposed amendments are corrective rather than substantive.

None of the amendments appear to impose any new or additional burdens on regulated entities.

PUBLIC COMMENTS

The Board adopted a proposal for public comment in this matter by order dated May 6,

1999. “Notices of Proposed Amendments” appeared in the May 28, 1999 issue of the

Illinois

Register

. The Board accepted public comments on the proposal for a 45 day period following

publication in the

Illinois Register.

The comment period expired on June 21, 1999.

The Board received four comments during the public comment (PC) period. Those

comments are as follows:

PC 1

June 10, 1999 letter from David S. Horak, State Project Officer, Water Division,

USEPA Region V (received June 10, 1999).

PC 2

July 1, 1999 letter from David S. Horak, State Project Officer, Water Division,

USEPA Region V (received July 1, 1999).

PC 3

July 12, 1999 letter from Lou Allyn Byus, Assistant Manager - Field Operations,

Division of Public Water Supplies, Illinois EPA (received July 12, 1999).

PC 4

July 12, 1999 letter from Stephen C. Ewart, Deputy Counsel, Illinois EPA

(received July 14, 1999).

In PC 1 and PC 2, the USEPA submitted comments and suggestions for revisions to the

language of the May 6, 1999 proposal for public comment. Many of the USEPA’s suggested

corrections and revisions are minor and do not warrant discussion. Several are more substantive

and require discussion. The substantive discussion prompted by PC 1 and PC 2 appears in the

appropriate segment of the detailed discussion that begins below. All of the revisions prompted

by the USEPA’s comments appear in the table that begins on page 20 of this opinion. Suggested

revisions that the Board has not accepted appear in the table on page 33 of this opinion.

In PC 3, the Agency submitted comments and suggestions for revisions to the language of

the May 6, 1999 proposal for public comment. Many of the Agency’s suggested corrections and

revisions are minor and do not warrant discussion. Several are more substantive and require

discussion. The substantive discussion prompted by PC 3 appears in the appropriate segment of

the detailed discussion that begins below. All of the revisions prompted by the Agency’s

comments appear in the table that begins on page 20 of this opinion. Suggested revisions that the

Board has not accepted appear in the table on page 33 of this opinion.

In addition to the public comments, the Board also received a document from the Joint

Committee on Administrative Rules (JCAR) entitled “Identical First Notice Line Numbered

Version.” This document contains those changes that JCAR made prior to the May 28, 1999

publication of these amendments in the

Illinois Register

. The changes accepted by the Board are

listed in the table entitled, “Revisions to the Text of the Proposed Amendments in Final

Adoption,” that begins at page 20 of this opinion. The changes not accepted by the Board,

together with a brief explanation, appear in the table entitled, “Requested Revisions to the Text of

the Proposed Amendments Not Made in Final Adoption,” beginning at page 33.

The Board adopts these amendments, having first made the changes necessitated by public

comment. The complete text of the adopted amendments appear in a separate order adopted this

day.

DISCUSSION

The following discussion begins with a description of the types of deviations the Board

makes from the literal text of federal regulations in adopting IIS rules. It is followed by a

discussion of the amendments and actions undertaken in direct response to the federal actions

involved in this proceeding. This discussion is organized by general considerations and federal

subject matter, which generally appear in chronological order of the significant

Federal Register

notices involved. Descriptions of the amendments and actions that are not directly derived from

the federal actions are included in the subject matter discussion beginning at page 6.

General Revisions and Deviations from the Federal Text

When incorporating the federal rules into the Illinois system, some minimal deviation from

the federal text is unavoidable. This deviation arises primarily through differences between the

federal and state regulatory structure and systems. Some deviation also arises through errors in

and problems with the federal text itself. The Board conforms the federal text to the Illinois rules

and regulatory scheme and corrects errors that it sees in the text as the Board engages in these

routine IIS rulemakings.

In addition to the amendments derived from federal amendments, the Board often finds it

necessary to alter the text of various passages of the existing rules as provisions are opened for

update in response to the USEPA’s actions. This involves correcting deficiencies, clarifying

provisions, and making other changes that are necessary to establish a clear set of rules that

closely parallel the corresponding federal requirements within the codification scheme of the

Illinois Administrative Code.

The Board updates the citations to the

Code of Federal Regulations

to the most recent

version available. As of the date of this opinion, the most recent version of the

Code of Federal

Regulations

available to the Board is the July 1, 1998 version. Thus, the Board has updated all

citations to the 1998 version, adding references to later amendments using their appropriate

Federal Register

citation, where necessary.

The Board substituted “or” for “/” in most instances where this appeared in the federal

base text, using “and” where more appropriate. The Board further used this opportunity to make

a number of corrections to punctuation, grammar, spelling, and cross-reference format throughout

the opened text. The Board changed “who” to “that” and “he” or “she” to “it,” where the person

to which the regulation referred was not necessarily a natural person, or to “he or she,” where a

natural person was evident; changed “which” to “that” for restrictive relative clauses; substituted

“shall” for “will;” capitalized the section headings and corrected their format where necessary; and

corrected punctuation within sentences.

In addition, the federal rules have been edited to establish a uniform usage throughout the

Board’s regulations. For example, with respect to “shall,” “will,” and “may”, “shall” is used when

the subject of a sentence has a duty to do something. “Must” is used when someone has to do

something, but that someone is not the subject of the sentence. “Will” is used when the Board

obliges itself to do something. “May” is used when choice of a provision is optional. “Or” is

used rather than “and/or,” and denotes “one or both.” “Either .

. . or” denotes “one but not

both.” “And” denotes “both.”

JCAR has requested that the Board refer to the United States Environmental Protection

Agency in the same manner throughout all of our bodies of regulations—

i.e.

, air, water, drinking

water, RCRA Subtitle D (municipal solid waste landfill), RCRA Subtitle C (hazardous waste),

underground injection control (UIC), etc. The Board has decided to refer to the United States

Environmental Protection Agency as “USEPA.” The Board will continue this conversion in this

and future rulemakings as additional sections become open to amendment. The Board will further

convert “EPA” used in federal text to “USEPA,” where the USEPA is clearly intended.

The Board has assembled tables to aid location of these alterations and to briefly outline

their intended purpose. The tables set forth the miscellaneous deviations from the federal text and

corrections to the pre-amended base text of the rules in detail. The tables are set forth and

explained toward the end of this opinion, beginning at page 20. There is no further discussion of

most of the deviations and revisions elsewhere in this opinion. Some alterations, on the other

hand, are more significant, and substantive discussion is warranted for those. Those more

significant discussions are set forth in the following topical discussions.

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 adopted rule.

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 federal amendments extend beyond the scope of the

Illinois SDWA rules adopted pursuant to Section 17.5 of the Act. 415 ILCS 5/17.5 (1998).

Section 7.2 of the Act establishes the ground rules for the Board’s exercise of its IIS

mandate. It contains 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.

, 415 ILCS 7.2 (1998). The following is a summary of

some of the commonly encountered considerations.

When assessing federal amendments in the course of completing our SDWA regulation

updates, the Board includes all of the USEPA amendments to 40 C.F.R. 141, and the Board

evaluates 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 the USEPA will

retain. 415 ILCS 5/7.2 (1998). 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. 415 ILCS 5/7.2 (1998).

In situations where the Board has determined that the USEPA will retain decision-making

authority, the Board has replaced “Regional Administrator” or “Administrator” with “USEPA,”

so as to avoid specifying which office within the USEPA is to make a decision.

Sometimes the federal language underlying the IIS rules merely indicates that the State

agency is to make the decision, not making a distinction between the Board and Agency decision-

making authorities. To determine the general division of authority between the Agency and the

Board, the Board examines:

Whether the person making the decision is applying a Board regulation, or taking

action contrary to “waiving” a Board regulation. Generally a Board action is

needed to “waive” a Board regulation.

Whether there is a clear standard for action such that the Board can give

meaningful review to an Agency decision.

Whether the action would result in exemption from the permit requirement itself.

If so, Board action is generally required.

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, and 611.131 (Variances and

Exemptions)

Overview

The 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. The Board is also

amending the existing sections regarding relief (Sections 611.111 and 611.112) to more

accurately reflect the federal statutory scheme of Sections 1415(a)(1)(A) and (B) and 1416 of the

SDWA.

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 Board’s introductory amendments to these sections is to

describe how the Board grants State relief equivalent to that available from the 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. Illinois variances under Sections 35-37 of the Act require compliance within five years.

415 ILCS 5/35-37 (1998). Therefore, the introductory amendments to Section 611.111 and

611.112 explain that a PWS may file a petition for a variance, a site-specific rule, or an adjusted

standard. See also PC 1 at 1.

In response to the USEPA’s comments, the Board notes several housekeeping measures

that have been taken. See PC 1, PC 2. The Board is not adding a Table H to the rule. Best

available technology (BAT) is identified in Subpart F, not in Subpart G, as erroneously contained

in the previous versions of the rule. These errors are corrected in today’s rule. Typographical

errors are also corrected.

The Board has differentiated the relief available for MCL’s and treatment techniques in

Section 611.111 of the final rule because of different justifications for relief, requirements, and

schedules of compliance for the two standards. In regulating relief from an MCL in Section

611.111(b) and relief from a treatment technique in Section 611.111(c), the Board makes clear

the distinct requirements for granting relief from each of the separate standards.

Among the amendments to Section 611.111 is Section 611.111(b)(1), where a PWS, in

justifying relief under the Section, must demonstrate that it will install or has installed BAT,

treatment technique, or other means that the Agency finds available. Previously, a PWS had to

install BAT before relief could be granted. See amended Section 611.111(b)(1). Also, the

USEPA correctly comments that the language the Board originally struck “during the period

ending on the date compliance with such requirement is required,” is statutory. PC 1 at 1, PC 2 at

2. The Board inadvertently struck this language in the first-notice proposal and includes it in the

final rule.

One of the significant changes to Section 611.111 is found at amended Section

611.111(b)(3)(B). If the Board prescribes a schedule of compliance regarding an MCL 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. This amendment coincides with federal

amendment to State-issued variances and exemptions. See amended 40 C.F.R. 142.20(a).

The Board deletes the definition of “unreasonable risk to health level” in Section

611.111(f). The use of the term is no longer found in the NPDWRs. The USEPA’s comment

stated that the definition should appear in the Illinois regulations. See PC 1 at 1, PC 2 at 2.

However, the term is not used in the Illinois Administrative Code or in the

Code of Federal

Regulations

under Primary Drinking Water Regulations. The term “unreasonable risk to health”

is a term of art, and the Board will define it relying on the facts presented to it, on a case by case

basis.

In Section 611.111(c), the Board differentiates the requirements for relief from a

treatment technique requirement. Again, the justifications and conditions required for such relief

from a treatment technique are separate and distinct from those required for relief from an MCL.

See amended Section 611.111(c) and Section 1415(a)(1)(B) of SDWA.

The Board will hold at least one public hearing for any requested relief. See amended

Section 611.111(d) and Section 611.112(e). The Board is requiring a hearing in all cases in which

a PWS seeks relief from a NPDWR, as opposed to only an opportunity for hearing. This

requirement makes the Illinois regulations more stringent than the federal regulations.

The Board amends Section 611.111(g) and Section 611.112(h) to provide that in addition

to the other requirements in Section 611.111 and 611.112, respectively, the provisions of Section

611.130 or 611.131 may apply to the relief granted. PC 1 states that the USEPA was “unsure” of

this amendment. PC 1 at 2, 3. The purpose of this language is to notify a PWS that a small

system variance may be available in lieu of relief under these two Sections, and that special

requirements under Section 611.130 may apply.

The USEPA commented that in Section 611.112(b)(1), the existing Illinois language did

not include a factor for justification of relief when a system was unable to comply with an MCL,

“to implement measures to develop an alternative source of water supply.” PC 1 at 2, PC 2 at 3.

This is required statutory language which the Board adds at this time. In Section 611.112(b)(4),

in addition to the language the Board added for first-notice proposal, the Board is adding the

additional language, “or, if compliance cannot be achieved, improve the quality of the drinking

water.” This language is statutory language of the SDWA.

The Board Note for Section 611.112(b)(4) addresses the USEPA’s comment that the

regulation concerning management and restructuring changes does not include discussion of the

various available funds to states. PC 1 at 2, PC 2 at 2. The consideration of the available funds is

a requirement on the State only, and as such the specific programs need not be included in the

regulation. See 40 C.F.R. 142.20.

The USEPA made several comments concerning the proposed language of Section

611.112(d). PC 1 at 2, PC 2 at 3. As a result, the Board is deleting the current rule’s language

that “no schedule of compliance shall extend more than 12 months after the date of the relief.”

This provision was deleted from SDWA Section 1416(b)(2)(A)(ii), as noted by the USEPA. PC 1

at 2. The Board adds language that “but not 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).

The Board in Section 611(d)(1) is deleting the rule’s current language that “[t]he Board

may extend the date for a period not to exceed three years beyond the date of the variance,”

which is not federal language. See PC 1 at 2. The Board adds “[n]o relief may be granted unless”

the PWS establishes that it is taking all practicable steps to meet the NPDWR. This added

language is found in Section 1416(B) of the SDWA and in 40 C.F.R. 142.50(b).

Another amendment to Section 611.112(d)(2) 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 six years. See 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. The Board originally proposed a four-year limit

on the extensions so that it would be within the five-year limit on variances. That limitation is not

necessary since relief can also be obtained in a site-specific rulemaking or an adjusted standard.

The Board also adds subsection (d)(3) to Section 611.112. This states that “[a] PWS may

not receive relief under this Section if the PWS was granted relief under Section 611.111 or

611.131.” This statutory language is necessary. See PC 1 at 3.

Small System Variances (Section 611.131). The substance of new 40 C.F.R. 142 Subpart

K is incorporated into today’s 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 because 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 generally

indicates what relief is available from and the size of systems entitled to the 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, because 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, a state must find and document that the

requirements have been met before the variance may be granted by the Board. This procedure is

in keeping with the other variance procedures which are available to a PWS.

The substance of 40 C.F.R. 142.307 is included as Section 611.131(f), which includes

minimum terms and conditions that the Board must impose in the small system variance. The

Board does not include a reference to Section 1412(b)(15) of the SDWA. The small system

variance technology developed and published in 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. Part 141 are already included in Part 611 Subparts K, L, M, N, O, P,

and Q. The Board adds the Board Note to subsection (f)(2)(C) in response to the USEPA’s

comment in PC 1 at 2. 40 C.F.R. 142.307(c)(3) requires a state to review a small system variance

pursuant to a subsection that the Board does not add to the final rule. See 40 C.F.R. 142.307(d).

The federal regulation requires a schedule of review not less often than every five years. Section

36 of the Act provides that five years is the maximum term of a variance. 415 ILCS 5/36 (1998).

The result is that the regulations are more stringent than the federal regulations.

The substance of 40 C.F.R. 142.308 is included as Section 611.131(g). The notice and

public hearing is pursuant to 35 Ill. Adm. Code 104. In addition to requirements under 35 Ill.

Adm. Code 104, there are specific requirements for the PWS to notify billed customers and

persons regularly served. Notice must be given by the PWS at least 30 days prior to the public

hearing in Section 611.131(g)(1). The Board did not include a provision that a PWS must

provide notice at least 15 days before the date of proposal. The Board’s opinion is that this

provision is covered by the Board’s existing procedures under Sections 35-37 of the Act and 35

Ill. Adm. Code 104. 415 ILCS 5/35-37 (1998). 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 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 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 Section 611.131. This

requirement is more stringent than the federal provision. In response to the USEPA’s comment

(PC 1 at 3, PC 2 at 3), the Board finds that notice 30 days prior to a public hearing is more

stringent than notice 15 days prior to the date of proposal, which the Board reads as the date of

the granting of the small system variance. The Board does not include provisions equivalent to 40

C.F.R. 142.309(b). This provision states that a small system variance must be made available to

the public. The Board finds that proposals are already available for public inspection by Board

rule as part of the public record regularly maintained by the Board, and thus, the Illinois rule is as

stringent as the federal regulation. See PC 1 at 3.

The substance of 40 C.F.R. 142.310 is included as Section 611.131(h). The Board has

omitted both the provision requiring the USEPA to respond within 30 days has been omitted, and

the USEPA’s right to object to a proposed variance, because these are not requirements on a

PWS. 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 the

USEPA’s review of the State’s program, because these regulations do not apply to a PWS.

Consumer Confidence Reports: Section 611 Subpart U

Overview

The USEPA adopted its consumer confidence report (CCR) 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 added as 35 Ill. Adm. Code 611

Subpart U.

The CCR requirement applies to a community water system (CWS), defined as those

supplying water to at least 15 service connections or 25 residents year-round. With some

exceptions listed in Section 611.161, a CWS must deliver annual CCRs 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 the 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.

The USEPA directed comments on the proposed rule concerning primacy issues for the

CCR requirements. PC 1. The Board notes that it does not include Maximum Contaminant Level

Goals (MCLGs) in its rules because these are not substantive requirements. However, as a result

of substantive requirements on PWSs concerning reporting MCLs along with MCLGs in the

CCR, the Board must add the definition of MCLG (See Section 611.101 and 611.883(c)); it must

include a reference to MCLG in the definition of MCL (See Section 611.883(c)); and it must

include the requirement that a PWS report MCLG in the same units as it reports MCL in a CCR

(See Section 611.883(d)). The Board also adds MCLG in CCR units to Appendix F and MCLG

to Appendix G Regulated Contaminants. The USEPA’s primacy revision crosswalk contained in

PC 1 contains no other substantive comments on the CCR rule.

The consumer confidence rule was amended in 64 Fed. Reg. 34732 by direct final rule.

The Board incorporates these technical corrections to the final rule.

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” are 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 a CCR because mechanisms for regulatory relief are already specified

in Title VII “Regulations” and Title IX “Variances” of the Act.

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).

The substance of 40 C.F.R. 141.153 is included as Section 611.883. The Board includes

the MCLG definition for inclusion in a CCR in Section 811.883(c). Likewise, the definition of

MCL includes the language that “MCLs are set as close to MCLGs as feasible.” The language

concerning “variances” and “exemptions” in 611.883(g) has been slightly modified to reflect the

Illinois scheme in the same manner as done in Section 611.111.

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 the required language.

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 Section 611.Appendix F, G, and H.

Disinfectants and Disinfection Byproducts: Section 611 Subparts F and I

Overview

The USEPA adopted its disinfectants and disinfection byproducts (DBP) 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.

The 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 January 1, 2002, while certain smaller systems have an

additional two years in which to achieve compliance.

The Board’s rule includes two definitions for terms that the federal regulations did not

define. Specifically, the Board has included a definition for “Disinfection Byproduct” (DBP) and

“paired sample.” See Section 611.101. The DBP definition was created from language in the

preamble of the federal regulations for this rule. The “paired sample” language was created from

the new Section 611.382, which was taken from the federal regulations.

Throughout the rule, the term “Subpart B” systems is used in the place of the federal

“Subpart H” systems. Subpart B systems 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.

Section-by-Section Analysis

The substance of the definitions amended in 40 C.F.R. 141.2 are included in today’s rule.

In a departure from the federal organization system, the Board does not include in the MRDL

definition the explanation of when a PWS will be in compliance and applicable monitoring

frequency. See Section 611.101; PC 1, PC 2 at 1. 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. The Board includes “Maximum Residual

Disinfectant Level Goal” in this rule (Section 611.101). See PC 1, PC 2 at 1.

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. This level applies to Subpart B systems serving more than

10,000 persons until January 1, 2002, and applies to systems using groundwater not under the

direct influence of surface water until January 1, 2004. 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 it is 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 for the old TTHM MCL in new

Section 611.688 (the new MCL and compliance date are in Section 611.312) and sunsets Sections

611.680 through 611.688 by making them inapplicable after December 31, 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 DBPs, bromate, and chlorite) are added to Section 611.Appendix A.

The Board does not include in the rule the State counterparts to the substance of the

amendments to 40 C.F.R. 141 Subpart F. These federal amendments add MCLGs and MRDLGs

for contaminants, and they are not included in the Board’s rules because 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. BAT for the disinfection byproducts is also found in Section 611.312. MRDLs are

located in Section 611.313. The Board may grant an extension to 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, has

authority and 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 rule, the Board did not include an

effective date for monitoring methods, because the effective date of compliance has passed. In

response to the USEPA’s comments (PC 1, PC 2 at 2), the Board adds Section 611.380(a)(3),

although this subsection does not impose any substantive requirements. The compliance dates are

amended throughout Section 611.380 by proposed Revisions to the interim enhanced surface

water treatment rule (IESTWR) and Stage 1 DBPR. See PC 3.

In Section 611.381, the Board sets out the substance of the federal analytical methods for

DBPs. 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 Board omits the language set forth at 40 C.F.R.

141.131(a)(1) regarding compliance monitoring. See PC 2. The Board may not include the

language “unless otherwise approved by EPA for monitoring” because methods for compliance

monitoring may only be approved by rulemaking, and not by Agency approval.

The substance of 40 C.F.R. 141.132 is included as Section 611.382. Section 611.382

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

rule provides that if a system has conducted monitoring under the federal Subpart M, then the

system may use that data collected. The Board retains the provision allowing the Agency to

return a system to routine monitoring for TTHMs and HAA5 in Section 611.382(b). The Board

adds language in Section 611.382(b)(1)(D) where “systems on increased monitoring may return

to routine monitoring if the TTHM annual average is

≤

0.040 mg/L and the HAA5 annual average

≤

0.030 mg/L.” This amendment was requested by the Agency (PC 3) and automatically lets a

system return to routine monitoring if the level of the contaminant is one half of the MCL for that

contaminant. Also included in the section is the provision that the Agency may return a system to

routine monitoring. See Section 611.382(b)(1)(E). The Board notes that there are no federal

criteria for this return. Nonetheless, the provision is included so that the final rule is as stringent

as the federal rule.

The substance of 40 C.F.R. 141.133 and 141.134 are made a part of today’s rule in

Section 611.383 and Section 611.384, respectively. The Board retains the chart format in this

Section which shows the information that must be reported for different types of systems. The

USEPA added footnote 1 in Section 611.384(b), which appears to have been inadvertently

omitted in the original federal rule, in its technical rule correction. The Board had added this

footnote in its proposed rule. See PC 4.

New Section 611.385 regulates treatment techniques for DBPs and includes the

amendments to 40 C.F.R. 141.135. In Section 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.

In the enhanced softening requirements in Section 611.385(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. In Section 611.385 (b), the Board also includes the substance of 40

C.F.R. 141.135 (b). The Board has identified the Agency as the entity to make two

determinations. 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 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

The 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 IESWTR applies to PWSs that use surface water or groundwater under the direct

influence of surface water and serve 10,000 or more persons beginning December 31, 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 detail in the

Board’s May 6, 1999 proposal for public comment, the rule also adds a somewhat vague new

provision allowing the Agency to direct a PWS to conduct a composite correction plan (CCP).

Section-by-Section Analysis

In the IESWTR, definitions amended in 40 C.F.R. 141.2 were added and amended in

Section 611.101 definitions. “Groundwater under the direct influence of surface water” is now

defined in Section 611.101. In Section 611.212(d), the Board includes Cryptosporidium as a

pathogen without regard to the type of system in which the pathogen is found.

The provisions of 40 C.F.R. 141.32, with the reference to “Subpart P” in the language

necessary in public notices concerning “Microbiological contaminants,” is added to Section

611.Appendix A(10) as the Illinois equivalent, “Subpart R.”

The text setting forth the 40 C.F.R. 141.52 MCLGs is not included in the Board’s final

rule because it imposes no substantive requirements on the regulated community. The Board

does not include the MCLGs for any contaminant in its rules because they have no substantive

effect upon Illinois systems. See discussion

supra

p. 13 concerning MCLGs.

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). Under these

amendments, systems must comply with the TTHM MCL found in Section 611.232 until

December 31, 2001, if they do not use filtration. After that date, systems must comply with new

requirements in the Board’s Subpart I.

The substance of 40 C.F.R. 141.73 amendments are included in this rule in various

locations. Beginning December 31, 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 CCR, 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 final rule also 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 January 1, 2002. 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 when a PWS does not provide 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 provision 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 Section 611.742(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, with a minimum period of one

year. See PC 3.

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 data required to be collected

in Section 611.742(b)(2). The Board has added a provision in Section 611.742(b)(3) that if the

Agency determines that the data is substantially equivalent, the Agency must approve the request

to use 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 making 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

rule 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

requires the extension of a compliance date and there is a standard for decision ,

i.e.,

99%

removal. The substance of 40 C.F.R. 141.174 is included at Section 611.744. The substance of

40 C.F.R. 141.175 is included in Section 611.745.

The Board does not include the substance of revisions to 40 C.F.R. 142.14 and 142.15

because these sections deal with record and reporting requirements imposed on the State. 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 CCP. This requirement

is addressed in some detail below.

Composite Correction Program—Section 611.160

On December 16, 1998 (63 Fed. Reg. 69520), as a segment of the interim enhanced

surface water treatment rule (IESWTR), the 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 CCP. The USEPA

describes the CCP as having two aspects: (1) the comprehensive performance evaluation (CPE)

and (2) the 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. As noted previously at page 3, the

USEPA amended the CCP rule by final rule correction on June 29, 1999 (64 Fed. Reg. 34732).

These typographical corrections are included in the Board’s final rule.

The USEPA provided comments on the IESWTR Comprehensive Performance Evaluation

Primacy Issue. PC 1. The proposed rule allowed a system to appeal to the Board the Agency

decision requiring it to conduct a CCP or any follow-up recommendations as a result of the

evaluation. The USEPA believed that the proposed rule was not as stringent as the federal

regulation because a system could arguably appeal a CPE it was required to conduct pursuant to

Section 611.745(b)(4). PC 1. The final rule provides for an appeal in all cases, “except when a

CPE is required under Section 611.745(b)(4)” (due to turbidity). This change ensures that the

final rule is as stringent as the federal regulation. It also allows for an avenue for appeal in the

event the Agency requires a CCP in all other situations.

The Board addressed two issues in its May 6, 1999 Proposal for Public Comment. The

first was whether these amendments are within the scope of the Board’s IIS mandate. The second

was under what circumstances may the Agency require a CCP, since there are no stated federal

criteria for such a program. No comments were received on either issue. The Board concludes

that for the reasons given in its May 6, 1999 opinion that the CCP requirements are within our IIS

authority

The final rule requires the Agency to render its determination in writing, as it would render

a permit decision under Section 39 of the Act. See 415 ILCS 5/39 (1998). An Agency

determination to impose the CCP requirement on a particular PWS is appealable to the Board

under Section 40 of the Act, except in cases where a system is required to conduct a CPE under

Section 611.745(b)(4). See 415 ILCS 5/39 (1998); See also PC 1, PC 2.

The Board does not include the amendments to 40 C.F.R. 14216(g)(2) in the final rule.

These amendments address State procedures only. 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.

Revisions to the Text of the Proposed Amendments in Final Adoption

Section Revised

Source(s) of

Revision(s)

611.101 “CT” or

“CT

calc

”

JCAR, Board

Added period before closed parentheses in cross

reference

611.101 “Compliance

cycle”

JCAR

Added a comma after “2002”

611.101 “Disinfectant

contact time”

JCAR

Added “the point” before “where”

611.101 “Disinfection

Byproduct”

Board

Removed hyphen from Byproduct

611.101 “Groundwater

under the direct

influence of surface

water”

USEPA

Added definition

611.101 “Inorganic

contaminant”

Board

Capitalized “BOARD NOTE”

611.101 “Maximum

contaminant level”

JCAR

Added parentheses to cross reference

611.101 “Maximum

Contaminant Level

Goal”

USEPA, Board

Added definition; added note explaining that the Board

does not routinely adopt MCLGs

611.101 “Maximum

residual disinfectant

level”

USEPA,

Board, JCAR

Added statement explaining the enforcement of

MRDLs; added parentheses to cross reference;

capitalized “BOARD NOTE”

611.101 “Maximum

residual disinfectant

level goal”

Board

Added definition

611.101 “nm”

JCAR

Struck “th”

611.101 “Paired

sample”

JCAR

Added parentheses to cross reference; moved definition

to alphabetical order

611.101 “Radioactive

contaminants”

Board

Capitalized “BOARD NOTE”

611.101 “Special

irrigation district”

JCAR

Changed “an” to “and”

611.101 “Total

trihalomethanes”

JCAR

Added parentheses to cross reference

611.101 “Transient,

non-community water

system”

JCAR

Added parentheses to cross references (twice)

611.101 “Treatment”

JCAR

Added comma after “to”

611.101 “Total

Trihalomethanes”

JCAR

Added parentheses to cross references (twice)

611.101

“Trihalomethane”

JCAR

Added comma to series

611.101 “ug”

JCAR

Struck “th”

611.102 “Technical

Bulletin 601”

JCAR

Struck comma after month

611.102(a) “USEPA

Organic Methods”

JCAR

Struck comma after month (three times)

611.102(b) “Access

Analytical Systems,

Inc.”

JCAR, Board

Struck comma; added parentheses to cross reference

611.102(b) “Advanced

Polymer Systems, Inc.”

Board

Updated

Code of Federal Regulations

reference to

1998 edition

611.102(b) “ASTM

Method D1688”

Board

Corrected spelling to “absorption”

611.102(b) “ERDA

Health and Safety

Laboratory”

Board

Updated

Code of Federal Regulations

reference to

1998 edition

611.102(b) “Method

6251 B”

JCAR

Removed hyphen from “byproducts”

611.102(b)

“Supplement to the

19th Edition “

JCAR

Added colon after “1996;” struck quotation marks

611.102(b) “NSF”

JCAR, Board

Added comma; struck “(telephone” and closing

parentheses

611.102(b) “NTIS”

JCAR, Board

Added comma; removed parentheses from telephone

number

611.102(b) “USGS”

Board

Corrected closing quotation mark to opening mark

611.111

Board

Omitted “See Section 611.Table H.;” changed “an

SDWA” to “a SDWA”

611.111(a)(1)

JCAR

Added comma to offset a parenthetical

611.111(b)

Board

Renumbered subsection; added “Relief from an MCL”

611.111(b)(1)

Board, JCAR

Added “from an MCL;” omitted “that”

611.111(b)(1)(B)

USEPA

Changed “Subpart G” to “Subpart F”

611.111(b)(2)

Board

Changed “Section” to “subsection;” struck “or

treatment technique” (twice);

611.111(b)(2)(A)

Board

Struck “or;” removed “treatment technique”

611.111(b)(2)(B)

Board, USEPA

Struck “or;” removed “treatment technique;” removed

overstrike to restore “during the period ending on the

date compliance with such requirement is required”

611.111(b)(3)

Board

Added “for relief from an MCL;” struck “or treatment

technique”

611.111(b)(3)(B)

JCAR

Changed “a” to “an;” added comma

611.111(c)

Board

Added subsection

611.111(d)

Board

Renumbered subsection; added comma to a series

611.111(e)

Board

Renumbered subsection

611.111(e)(1)

JCAR, Board

Added a period to form a sentence; capitalized

“However;” deleted “that”

611.111(e)(2)

JCAR

Changed “Or, from” to “From;” a

611.111(f)

Board

Changed “variance” to “relief” (three times); changed

“1416” to “1415”

611.111(g)

JCAR

Reverted to singular “Section”

611.112

Board

Omitted “See Section 611.Table H.;” changed “an

SDWA” to “a SDWA”

611.112(a)

JCAR, Board

Added “a” before “site-specific;” added “requirement,

or from both”

611.112(a)(1)

Board

Added comma to a series

611.112(b)(1)

USEPA

Added “or to implement measures to develop an

alternative source of water supply”

611.112(b)(4)

Board

Added “or, if compliance cannot be achieved, improve

the quality of the drinking water;” added Board note

611.112(d)

USEPA, Board

Added “Schedule of compliance;” replaced semicolon

with a comma; changed “other requirement” to

“treatment technique requirement;” removed comma;

changed “but no schedule . . . requested” to “but not”

611.112(d)(1)

USEPA,

JCAR, Board

Changed “the Board may . . . variance if” to “No relief

. . . unless;” removed colons (twice)

611.112(d)(1)(C)

Board

Removed ending conjunction “and;” changed ending

punctuation to a period

611.112(d)(2)

Board

Changed “four years” to “six years”

611.112(d)(3)

USEPA

Added subsection “A PWS may not . . . Section

611.111 or 611.131.”

611.112(e)

Board

Added comma to a series

611.112(f)

Board

Deleted article “a;” changed “variance” to “relief”

(three times)

611.112(g)(1)

Board; JCAR

Added period to form sentence; capitalized “However;”

deleted “that;” changed “a variance” to “relief”

611.112(h)

JCAR

Reverted to singular “Section”

611.131(b)

JCAR

Added “a” before “PWS”

611.131(c)

Board

Used lower case “variance”

611.131(c)(2)

JCAR

Changed ending semicolon to a colon

611.131(d)(3)

JCAR

Added “of” before “more”

611.131(e)

JCAR

Changed “Federal” to “federal”

611.131(f)

JCAR

Removed Comma after “Section”

611.131(f)(1)(D)

JCAR

Changed to lower case “federal”

611.131(f)(2)(C)

USEPA, Board

Added explanatory Board note

611.131(f)(2)(D)(ii)

JCAR

Changed to lower case “federal”

611.131(g)(1)

JCAR, USEPA

Changed to numeric “30;” changed “billed” to “served”

611.131(g)(2)

Board, USEPA

Omitted reference to subsection (g)(1)(B)

611.131(g)(2)(A)

JCAR

Changed brackets to parentheses

611.131(g)(2)(B)

JCAR

Changed brackets to parentheses; standardized cross-

reference to Appendix; changed period to a semicolon

611.131(g)(2)(E)

JCAR

Changed ending period to a semicolon

611.131(g)(2)(G)

JCAR

Changed ending semicolon to period; omitted reference

to subsection (g)(1)(B)

611.131(g)(3)

JCAR

Changed to numeric “30”

611.131(h)

JCAR

Changed to numeric “30”

611.131(I)

Board

Changed “1416” to “1415”

611.131(j)

JCAR, Board

Changed to singular “Section;” added comma to a

series

611.131 Board Note

JCAR

Deleted “Part”

611.160(c)

USEPA, Board

Put requirement into active voice; added “to the

Board;” moved “pursuant to . . . the Act and offset it in

commas as a parenthetical; changed “a PWS” to “it;”

added proviso “except when . . . Section

611.745(b)(4)” offset by a comma

611.212 Board note

Board

Updated

Code of Federal Regulations

reference to

1998 edition

611.220 Board note

Board

Updated

Code of Federal Regulations

reference to

1998 edition

611.232(b)

JCAR

Reorganized subsection numbering for clarity

611.232(e)

JCAR

Changed to lower case “coliform”

611.232(f)

USEPA

Changed date to “December 31, 2001” (twice)

611.250

JCAR

Changed “of” to “after”

611.250(d)

USEPA

Changed date to “ January 1, 2002”

611.250(e)

USEPA

Changed date to “ January 1, 2002”

611.310(c)(1)

JCAR, USEPA

Added comma after “persons;” changed date to

“December 31, 2001”

611.310(c)(2)

USEPA

Added comma after “persons;” changed date to

“December 31, 2003”

611.310(c)(3)

USEPA

Changed date to “December 31, 2003”

611.312(b)(1)

USEPA

Changed date to “January 1, 2002;” changed date to

“December 31, 2004”

611.312(b)(4)

JCAR, USEPA

Changed to numeric “24;” changed date to “December

31, 2003”

611.313(b)(1)

USEPA

Changed date to “January 1, 2002;” changed date to

“December 31, 2004”

611.313(b)(2)

USEPA

Changed date to “January 1, 2002;” changed date to

“December 31, 2004”

611.380(a)(1)

USEPA

Added “or which . . . disinfectant”

611.380(a)(3)

USEPA

Added subsection

611.380(b)(1)

USEPA, JCAR

Changed date to “January 1, 2002;” capitalized

“Subpart;” changed date to “January 1, 2004”

611.380(b)(2)

USEPA

Removed “and chlorite” (twice); changed date to

“January 1, 2002;” changed date to “January 1, 2004”

611.381(a)

USEPA

Removed parenthetical “or otherwise . . . this Subpart”

611.381(b)(2)

USEPA

Added “except . . . this Section”

611.380(b)(3)

USEPA

Added subsection

611.381(d)(4)

JCAR

Added closing parentheses before “divided;” changed

“(i)” to “(A);” changed “(ii)” to “(B)”

611.382(a)(1)

Board

Added closing period

611.382(b)(1)(A) table

USEPA, JCAR

Corrected cross reference to “Section

611.382(b)(1)(D)” (twice); added closing period after

“persons;” deleted “persons” after “temperature;”

changed “10,000 or more” to “fewer than 10,000; in

footnote added “with Agency approval”

611.382(b)(1)(B) table

USEPA, JCAR

Added “serving; “ added closing period after “persons”

611.382(b)(1)(C)

USEPA

Added sentence “For systems . . . this Section.”

611.382(b)(1)(D)

USEPA

Added subsection

611.382(b)(1)(E)

USEPA

Renumbered subsection

611.382(b)(2)(A)(ii)

JCAR

Added “(b)(2)(A)(ii)” reference`

611.382(c)(1)(A)

USEPA

Added “community and nontransient noncommunity

water;” added “that use chlorine or chloramines”

611.382(d)(1)

JCAR

Changed “use” to “uses;” added “(d)(1)” after

“subsections; changed “not later than” to “not past”

611.382(f)

JCAR, Board

Used numeric “30;” deleted “All;” corrected cross-

reference to “Section 611.384”

611.383(a)(1)

USEPA

Changed “failure to monitor makes it impossible to

determine compliance with the MCL” to “fails to

monitor for”

611.383(a)(3)

Board

Corrected reference to “Section 611.382”

611.383(b)(1)(A)

Board, USEPA

Corrected reference to “Section 611.382(b)(1);” deleted

sentences “If the running . . . Section 611.134. If a

PWS . . . available data.”

611.383(b)(1)(B)

USEPA

Changed “compliance must . . . Section 611.132(b)(1)”

to “systems demonstrate . . . Section 611.312;” added

“and is not . . . of that quarter;” added sentence

“Systems required . . . three quarters of monitoring.”

611.383(b)(1)(C)

USEPA

Replaced subsection relating to returning to routine

monitoring with one relating to public notice

611.383(b)(1)(D)

USEPA

Added subsection

611.383(b)(2)

Board

Corrected reference to “Section 611.382(b)(3);”

corrected reference to “Section 611.384”

611.383(b)(3)

Board

Corrected reference to “Section 611.382(b)(2)(A)(ii);”

corrected reference to “Section 611.382(b)(2)(B);”

corrected reference to “Section 611.384”

611.383(c)(1)(A)

Board

Corrected reference to “Section 611.382(c)(1);”

corrected reference to “Section 611.384”

611.383(c)(1)(B)

Board

Corrected reference to “Section 611.384”

611.383(c)(2)(A)

Board, JCAR,

USEPA

Corrected reference to “Section 611.382(c)(2);”

changed “exceed” to “exceeds;” added “in addition to

. . . Section 611.384” (twice)

611.383(c)(2)(B)

Board, JCAR,

USEPA

Corrected reference to “Section 611.382(c)(2);” added

“in addition to . . . Section 611.384” (twice)

611.383(d)

USEPA,

JCAR, Board

Corrected reference to “Section 611.385(c);” removed

comma after “CaCO

;” corrected reference to “Section

611.385(b)(3);” added sentence “For systems . . .

Section 611.384”

611.384(b)

Board, USEPA

Corrected to plural “TTHMs;” corrected reference to

“Section 611.382(b)” (five times); changed “quarter” to

“monitoring period”

611.384(c)

Board

Corrected reference to “Section 611.382(c)” (twice)

611.384(d)

Board

Corrected reference to “Section 611.382(d)” (twice);

corrected reference to “Section 611.385(b)(2);”

corrected reference to “Section 611.385(c)(1);”

corrected reference to “Section 611.385(b);” corrected

reference to “Section 611.385(a)(2)(A);” corrected

reference to “Section 611.385(a)(2)(B);” corrected

reference to “Section 611.385(a)(2)(E);” corrected

reference to “Section 611.385(a)(2)(F);” corrected

reference to “Section 611.385(a)(2)(C)” (twice);

corrected reference to “Section 611.385(a)(3)(A);”

corrected reference to “Section 611.385(a)(3)(B);”

corrected reference to “Section 611.385(a)(2)”

611.385(a)(2)

JCAR

Change “Section” to “Part;” deleted “of” after “use”

611.385(a)(2)(C)

Board, USEPA

Added commas to offset parenthetical “not later than

. . . Section 611.380(b);” corrected date to “June 30,

2005”

611.385(b)(2)

JCAR, Board

Added “Step 1;” corrected reference to “611.381(d);”

used lower case “source” added a space after “TOC;”

changed less than sign to greater than sign

611.385(b)(3)

JCAR

Changed “of” to “after”

611.385(b)(4)

JCAR

Corrected reference to “subsection (b)(4)(B)”

611.385(b)(4)(A)

JCAR

Corrected reference to “subsection (b)(4)(A)”

611.385(b)(4)(B)

JCAR

Capitalized “Target”

611.385(b)(4)(C)

Board

Corrected spelling of “equivalent”

611.385(b)(4)(D)

JCAR

Changed “Section” to “subsection”

611.385(b)(4)(E)

JCAR

Renumbered subsection “(b)(5)” as “(b)(4)(E)”

611.385(c)

Board

Used numeric “12”

611.684

Board

Added amendments: added “or 611.312(a);” changed

“supplier” to “PWS;” added comma to offset

parenthetical “as provided . . .;” added comma after

“standard” to offset the final element of a series

611.685

Board

Added amendments: added comma to offset

parenthetical “as directed . . .;” added “or 611.381(b);”

changed to lower case “trihalomethanes”

611.688

USEPA

Changed date to “December 31, 2001;” changed date to

“December 31, 2003” (twice)

611.740(a)

USEPA

Changed date to “January 1, 2002”

611.740(a)(1)

JCAR

Changed comma to semicolon

611.742(a)

JCAR

Changed to singular “subsection (a)(1)”

611.742(a)(2)(C)

Board

Changed date to “March 31, 1999”

611.742(a)(2)(C)(i)

JCAR, USEPA

Changed date to “March 31, 2000;” changed comma to

semicolon

611.742(a)(5)(A)

USEPA

Changed date to “March 31, 1999”

611.742(a)(5)(B)

Board

Changed date to “April 30, 1999”

611.742(a)(5)(C)

USEPA

Changed date to “March 31, 2000”

611.742(a)(5)(D)

JCAR, USEPA

Changed to singular “subsection (a)(2)(C)(ii);” changed

date to “December 31, 1999”

611.742(a)(5)(E)

USEPA

Changed date to “December 31, 1999”

611.742(b)

USEPA

Added comma and “with . . . 1 year”

611.742(b)(2)

JCAR, USEPA

Changed CT99 to subscript;” standardized Appendix

cross-reference; changed date to “April 1, 2000

611.742(b)(3)(A)

USEPA

Changed date to “April 1, 2000

611.743

USEPA

Changed date to “December 31, 2001

611.743(a)(1)

JCAR

Changed to plural “Sections”

611.743(a)(2)

JCAR

Changed to plural “Sections”

611.744(a)

JCAR

Changed to numerical “15”

611.744(b)

USEPA

Changed “but shall conduct . . . failure of the

equipment” to “until . . . back online. A system shall

. . . after failure.”

611.745

USEPA, JCAR

Changed date to “January 1, 2002” (twice); changed to

plural “Sections”

611.745(b)(1)

JCAR

Changed to numerical “15”

611.745(b)(2)

JCAR

Changed to numerical “15;” changed “of” to “after”

611.745(b)(3)

JCAR

Changed to numerical “15;” changed to numerical “14”

611.745(b)(4)

JCAR

Changed to numerical “15;” changed to numerical “30;”

changed to numerical “90”

611.851(c)(3)

JCAR

Changed “its” to “is”

611.882(c)(1)

JCAR

Changed ending punctuation to a semicolon followed

by the conjunction “or” added subsection (c)(1)(A);

renumbered subsection accordingly

added subsection (c)(1)(A); renumbered subsection

accordingly

611.883(b)(2)

USEPA

Changed “supplier” to “PWS”

611.883(c)(1)

Board, USEPA

Changed to plural “definitions;” Added subsection

(c)(1)(A), designated existing text as subsection

(c)(1)(B)

611.883(c)(1)(B)

USEPA

Added “as close . . . using”

611.883(d)(1)

JCAR

Added “(d)” after “subsection”

611.883(d)(3)

JCAR

Added comma before “except”

611.883(d)(4)(A)

JCAR

Standardized Appendix cross-reference

611.883(d)(4)(B)

USEPA

Added subsection

611.883(d)(4)(C)

Board

Renumbered subsection

611.883(d)(4)(C)

Board

Renumbered subsection

611.883(d)(4) Board

note

JCAR, USEPA

Changed “Board Note” to “BOARD NOTE;” changed

cross reference to “subsection (d)(4)(D);” standardized

Appendix cross-reference; used lower case “derived”

611.883(d)(4)(F)(i)

JCAR

Changed to numerical “40”

611.883(d)(4)(F)(ii)

JCAR

Changed to numerical “40”

611.883(d)(4)(H)

JCAR

Standardized Appendix cross-reference

611.883(d)(6)

JCAR

Standardized Appendix cross-reference

611.883(e)(3)

JCAR

Added comma after “water”

611.883(f)

USEPA, JCAR

Corrected cross-reference to “subsection (d)(6) of this

Section”

611.883(f)(3)

JCAR

Added “611.” to Section numbers (four times);

standardized Appendix cross-reference

611.883(f)(7)

JCAR

Deleted indefinite article “an” from before

“administrative”

611.883(h)(1)

JCAR

Added comma after “water;” changed “paragraph” to

“subsection”

611.883(h)(1)(B)(iv)

JCAR

Removed hyphen from byproduct

611.884(b)

JCAR

Capitalized “L”

611.884(c)

JCAR

Capitalized “L”

611.884(d)

USEPA

Changed “but fewer that 10%” to “and up to and

including 10%”

611.884(e)

JCAR

Capitalized “L;” standardized Appendix cross-reference

611.885(b)

JCAR

Added comma after “to;” used lower case “posting;”

changed semicolon to comma after “Internet”

611.885(g)(2)

JCAR

Changed “less” to “fewer;” corrected the spelling of

“forgo”

611.Appendix A(14)

Board

Removed hyphen from “byproduct”

611.Appendix A(78)

JCAR

Changed “Section” to “Appendix;” changed “Section”

to “of this Appendix”

611.Appendix F

heading

JCAR,

Added “Maximum Contaminant Level;” added

parentheses around “MCL”

611.Appendix F key of

abbreviations

JCAR,

Capitalized “L” (three times); capitalized “L” (twice);

capitalized “Including;” added MCLGs

611.Appendix F table

JCAR,

Added a column containing MCLGs

611.Appendix F table

row 1

USEPA

Added parenthetical “systems . . . month;” added are

positive . . . monthly sample”

611.Appendix F table

row 5

JCAR,

Capitalized “L” (twice)

611.Appendix F table

row 6

JCAR,

Capitalized “L” (twice)

611.Appendix F table

heading after row 22

JCAR,

Capitalized “Including”

611.Appendix G key

of abbreviations

JCAR,

Capitalized “L” (three times)

611.Appendix G

Board

Added column setting forth MCLGs

611.Appendix G row 1

USEPA

Added parenthetical “systems . . . month;” added “are

positive . . . sample”

611.Appendix G row 5

JCAR

Capitalized “L”

611.Appendix G row 6

JCAR

Capitalized “L”

611.Appendix G row 7

JCAR

Capitalized “Fire;” capitalized “Ceramics;” capitalized

“Electronics;” capitalized “Solder”

611.Appendix G row

JCAR, Board,

USEPA

Capitalized “Runoff;” capitalized “Including;”

capitalized “L;” removed space before “

adipate;” added

hyphen; removed hyphen from “Byproduct;” changed

“ylenes” to “Xylenes;” added MCLGs

611.Appendix G

heading after row 22

JCAR, Board,

USEPA

Capitalized “Including”

611.Appendix G row

JCAR, Board,

USEPA

Capitalized “L”

611.Appendix G row

JCAR

Removed space before “adipate”

611.Appendix G row

JCAR

Added hyphen to chemical name to break appropriately

at the end of the line

611.Appendix G row

JCAR

Corrected spelling to “Xylenes”

611.Appendix H(2)

JCAR

Changed “E. Coli” to “E. coli;” removed excess spaces

Requested Revisions to the Text of the Proposed Amendments Not Made in Final

Adoption

Section Affected

Source(s) of Request:

Requested Revision(s)

Explanation

611.101 “Subpart B

system”

JCAR

Definition was is alphabetical order in

Notice of Proposed Amendments

611.102(a) “USGS

Methods”

JCAR

Method was is alphabetical order in

Notice of Proposed Amendments

611.385(c)(2)(A)

JCAR

Closed parentheses was present in

Notice of Proposed Amendments

Revisions to the Text of the Proposed Amendments in Proposal for Public Comment

Illinois Section

40 C.F.R. Section

Revision(s)

611.101

Comprehensive

performance

141.2

Added quotation marks to defined term; added

“or;” changed “Subpart P” to “Subpart R;” added

Board Note;

evaluation

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

storage facility

141.2

Added quotation marks to defined term; added

Board Note;

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,

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

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”

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

“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

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 comma 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

“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 “(DBP)” to “(DBP) 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 “(

DBPs);” 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”

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 “I

f 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/;”

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

“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

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

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 (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

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 in the Text of the Proposed Amendments in Proposal

for Public Comment

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;”

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”

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

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 M. Gunn, Clerk of the Illinois Pollution Control Board, do hereby certify that

the above opinion was adopted on the 22nd day of July 1999 by a vote of 5-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board