ILLINOIS POLLUTION CONTROL BOARD
    December 14,
    1978
    IN THE MATTER OF:
    AMENDMENTS TO THE
    )
    R77-13
    PUBLIC WATER SUPPLY
    REGULATIONS
    PROPOSED OPINION OF
    THE
    BOARD
    (by Mr. Dumelle)*:
    On August
    5,
    1977 the Agency filed a Petition which called
    for widespread revisions
    to Chapter
    6: Public Water Supplies.
    The Petition was published
    in Environmental Register ~l53 on
    August
    12,
    1977,
    Hearings were held on November
    1,
    1977
    in
    Springfield and November
    15,
    1977
    in Chicago.
    An Amended Petition
    (Exhibit
    4)
    was submitted at the second hearing.
    A study entitled
    Economic Impact of Revisions of the Public Water Supply Regulations
    was filed with the Board on June
    13,
    1978.
    Economic impact hear-
    ings were held on August
    1,
    1978
    in Chicago and August
    4,
    1978
    in
    Springfield.
    Additional amendments
    to the Agencyts Petition were
    submitted to the Board on July 25,
    1978, August 21,
    1978 and
    October
    6,
    1978.
    On November 30,
    1978 the Board adopted proposed
    amendments
    to Chapter
    6 which
    are supported
    in this Opinion.
    In
    addition this Opinion summarizes amendments which were adopted on
    August
    24,
    1978.
    This Opinion references the record with roman numerals
    (RI—b,
    RII-l5,
    etc.).
    This system was used because the page numbering
    was not continuous.
    The roman numerals refer to individual hear-
    ing transcripts.
    PRIMARY ENFORCEMENT RESPONSIBILITY UNDER THE SAFE DRINKING WATER ACT
    The main impetus behind this proceeding has been the
    assumption of primary enforcement responsibility
    (primacy)
    under
    the Safe Drinking Water Act
    (SDWA).
    Section 1413 of SDWA
    (42 U.S.C.
    §300 g-2)
    sets out
    a procedure which states must follow to obtain
    primacy.
    Specifically Illinois must show that its regulations are
    no less stringent than the national interim primary drinking water
    regulations
    (NIPDWS)
    .
    In addition, Illinois must employ adequate
    inspection, monitoring,
    and record keeping procedures.
    Exhibit
    1
    contains the SDWA and the Federal regulations promulgated under
    it which describe these requirements
    in greater detail.
    *The Board expresses its appreciation to Richard Christopher
    for his work as Hearing Officer in this proceeding and to Carolyn
    Hesse for her technical support.
    Both of these Administrative
    Assistants collaborated
    in the preparation of this Opinion.
    :32—307

    —2—
    Section 2(j)
    of the Environmental Protection Act
    (the Act)
    defines
    a public water supply as a system which serves or
    is
    intended
    to serve ten or more separate lots.
    The Federal
    regulations apply to every system with at least
    15 service
    connections or
    25 daily users at least
    60 days of the year.
    Since
    the Federal definition
    is broader than the authority vested
    in the
    Board, Illinois
    is asking USEPA to approve a program of split
    jurisdiction.
    The Agency’s proposal here would have no effect on
    those systems which are smaller than the definition
    in Section
    2(j)
    of the Act.
    The Illinois Department
    of Public Health will retain
    jurisdiction over these systems.
    Primacy will be split between
    the two agencies
    (RI—23)
    NATIONAL INTERIM PRIMARY DRINKING WATER REGULATIONS
    NIPDWS were adopted
    in two increments.
    All but the
    standards concerning radionuclides were adopted on December 24, 1975
    (40 F.R.
    59566).
    The radionuclide portion followed on July
    9,
    1976
    (41 F.R.
    28402)
    .
    They can
    be found at 40 CFR §141.
    Much
    of the Agency’s Petition copies these standards verbatim.
    This
    rigid application of Federal guidance can be justified for three
    reasons:
    1)
    It leaves little doubt that the Board’s standards are
    no less stringent than Federal;
    2)
    It removes any confusion which
    may result from a recent amendment to Section 35 of the Act which
    requires Board variances to be consistent with SDWA;
    and
    3)
    It
    recognizes the fact that the Federal standards have been binding
    on Illinois public water supplies since June
    24, 1977.
    Those portions of the Agency’s Petition which align
    Chapter
    6 with the Federal standards were adopted by the Board
    on August 24,
    1978.
    This action was taken quickly
    in an attempt
    to obtain primacy by September 30,
    1978,
    the end of the Federal
    fiscal year.
    A summary of the changes follows.
    The new definitions
    in Rule 104 all come from NIPDWS except
    for the following two.
    “Certified laboratory”
    is defined as any
    laboratory meeting the minimum standards prescribed
    in Sections
    4(o)
    and 4(p)
    of the Act.
    “Chemical analysis”
    is defined to
    differentiate the types of analyses which must be performed.
    The twelve month running average standard for compliance
    with chemical and physical water quality standards has been
    dropped
    in the new Rule 304(b) (3).
    In its place
    is the NIPDWS
    requirement that any analysis exceeding a standard in Table
    I
    be reported to the Agency, with additional monitoring and
    possible public notification.
    In Table
    I of Rule 304(b) (4)
    the following maximum contaminant
    levels
    (MCL’S)
    were lowered.
    Arsenic
    -
    from 0.1 mg/b to 0.05 mg/l
    Fluoride
    -
    from 2.0 mg/l to 1.8 mg/l
    32—308

    —3—
    Endrin
    -
    from 0.0005 mg/l to 0.0002 mg/l
    Lindane
    -
    from 0.005 mg/l to 0.004 mg/i
    The allowable excursion over the nitrate standard has been
    dropped.
    The old fluoride standard is retained for those northern
    Illinois counties with an annual average maximum daily air
    temperature of 58.4 to 63.8°F.
    An additional monitoring and public
    notification requirement is included in the event any sample exceeds
    the turbidity standard.
    The compliance dates in Table
    I have
    all been deleted because they have either passed or been pre—empted
    by NIPDWS.
    A new Rule
    304(c)
    has been added to include NIPDWS requirements
    concerning
    radiological quality.
    Rule 309 has been amended to incorporate NIPDWS standards
    for sampling frequency.
    The new Rule 310 picks up NIPDWS require-
    ments for reporting and record maintenance.
    A new Rule 313(d)
    provides for a Federally mandated elaborate
    system of public
    notification in the event a water supply exceeds a standard or is
    granted a variance.
    ADDITIONAL REVISIONS
    In addition to the revisions necessary for primacy, the follow-
    ing MCL’s have also been revised.
    Color and Odor
    The standards for color and odor are being dropped since
    both standards were based entirely on aesthetics and did not
    directly indicate the safety of a drinking water supply (R.III-27).
    The major problem which could result from dropping the standards
    is that consumers might switch to
    a less safe, but colorless
    and/or odorless, water supply if color and/or odor become too
    objectionable,
    (Ex.
    8,
    p. 111-27)
    However,
    in Illinois,
    the color
    (Ex.
    9)
    and odor levels are relatively low so that no problem
    is expected from dropping either standard.
    Foaming Agents
    The standard for foaming agents is no longer necessary since
    the surfactant that was limited by this standard is no longer
    used in laundry detergents
    (Ex.
    9, pp. 21-22).
    Hence, the
    standard for foaming agents
    is dropped.
    No economic impact is
    anticipated from this action.
    The maximum contaminant level for copper
    is raised from
    1 mg/i to
    5 mg/b, measured as Cu.
    Copper
    is an essential
    mineral and its presence
    in drinking water
    is not likely to
    32—309

    —4—
    cause any adverse health effects.
    The taste threshold for
    copper
    in water
    is 1—5 mg/l with levels greater than 5—7.5 mg/l
    making the water undrinkable
    (Ex.
    7).
    Dosages as high as
    30
    mg/i have been consumed with no adverse health effects
    (Ex.
    7).
    Since no water supplies exceed copper concentrations
    of
    5 mg/b at
    the present time, raising the standard would eliminate the need
    for five communities to remove copper.
    The only remaining costs
    associated with the copper standard will be for sampling once per
    year or once per two years.
    However, retaining a standard would
    protect consumers
    from excessive levels of copper that may exist
    in a new water supply or contamination of a current supply.
    The
    copper concentration of
    5
    mg/l was chosen since that is the level
    at which water starts becoming undrinkable due to taste
    (as opposed
    to taste threshold).
    (Ex.
    7).
    Five supplies were identified with copper levels between
    1-5 mg/i
    (R.III-54,55).
    The cost savings to these supplies have not
    been quantified, but were estimated as small.
    (Ex.
    9,
    p.32;R.III-55)
    Iron and Manganese
    The Board
    is raising the standard for iron from 0.3 mg/I to
    1.0 mg/i,
    measured as Fe, and the standard for manganese from
    0.05 to 0.15 mg/l, measured as Mn.
    Although these standards
    are not health based, dropping them could lead to problems due
    to aesthetics
    (i.e. color and taste)
    and material damages from
    staining of laundry and plumbing fixtures or decreasing the
    carrying capacity of water mains due to deposition.
    Information in the record
    (Ex.
    7)
    indicates that iron
    levels
    in excess of
    1 mg/b cause
    the water to taste
    so unpleasant
    that most people would not drink it.
    This concentration represents
    4.0-0.2
    of the estimated lethal dose range of 28—460 g
    (1 ounce—
    1 pound)
    for a 150 pound man
    (Ex.
    7).
    The
    exact lethal dose of
    iron for a healthy person is uncertain since most of the iron
    toxicity data was obtained from medication overdoses
    (Ex.
    7)
    Five letters which addressed the problems of iron in public water
    supplies were received as public comments
    (P.C.
    1,3,5,6,7)
    .
    One
    of the individuals who wrote a letter also testified at hearing
    regarding this matter
    (starting on R.I-98).
    According to the Board’s R73-l3 Opinion
    (15 PCB 103, Janu-
    ary 3,
    1975)
    adopting the current drinking water regulations, man-
    ganese can cause a worse laundry spotting problem than iron.
    The
    Board also takes notice of Quality Criteria for Water, U.S. Environ-
    mental Protection Agency, July 1976
    (the “Red Book”) which states
    that “Consumer complaints arise when manganese exceeds a concentra-
    tion of 0.15 mg/i in water supplies.”
    These complaints are
    “.
    .
    primarily from brownish staining of laundry and taste”
    (p.
    95).
    Hence,
    the Board finds that some protection from excessive levels
    of iron and manganese is needed and except for small supplies
    is
    most economically provided at the water treatment plant.
    32—310

    —5—
    According to IEPA data, there are currently 566 public
    water supplies
    (including numerous wells under the jurisdiction
    of a single supplier) which do not meet the old iron and/or
    manganese standards.
    By raising iron to 1 mg/i and manganese to
    0.15 mg/l,
    the number of sources that would have to treat for one
    or both of these elements would be reduced by half.
    The
    same
    treatment method may be used to remove both iron and manganese
    (Ex.8)
    .1
    The number of supplies that would have to treat for
    iron and/or manganese would be
    further reduced since supplies
    which provide less than 10,000 gallons per day and non-community
    water supplies will be exempt from this rule.
    It was estimated
    (Ex.9,
    pp.33—34)
    that completely dropping
    the iron and manganese standards would result
    in an annual savings
    of $14.2 million.
    This estimate was described as being “on the
    order of
    50,
    plus or minus.”
    (R.III-65)
    The Board has chosen not
    to drop the standards but to raise iron to
    1 mg/i and manganese
    to 0.15 mg/l and
    to exempt small water supplies.
    Data from Reference
    8, Appendix
    4,
    Exhibit
    9,
    indicate
    that
    22 supplies which would be above the new levels will be
    exempt due to the 10,000 gpd limit.
    These smaller supplies
    typically have per capita treatment costs which are higher by 50
    or more compared to larger supplies
    (Reference
    8, Appendix 4,
    Ex.
    9)
    .
    Thus,
    the cost savings to these smaller supplies due to
    the exemption may be low in an absolute sense, but they are large
    on a per capita basis.
    The annual per capita treatment cost for
    the larger sources
    is approximately $5.00 or less.
    This cost is
    small compared to an estimated annualized average cost of $204.
    for home treatment for a
    family of four
    (Ex.
    9,
    p.
    37)
    or an
    undetermined amount of damage from laundry staining.
    Annual per
    capita treatment costs for small supplies were estimated as
    high as $31.50
    (Ex.
    9,
    p.
    33).
    Nitrite-Nitrogen
    (nitrite—N)
    The Board finds that the standard for nitrite-N
    is not
    necessary since nitrite—N rapidly oxidizes to nitrate—N on
    contact with air (R.III,
    31) and has not been found in any Illinois
    water supplies
    (R.II,
    18).
    Exposure to oxidizing agents,
    such
    as chlorine which is frequently used for disinfection, would also
    oxidize nitrite—N to nitrate-N
    (R.II-9).
    The author of the economic impact study concluded that
    No significant environmental or economic impact may be
    anticipated to result from its
    (nitrite—N’s)
    omission.
    .
    .“
    (R.III—3l)
    Carbon—Chloroform Extract Organics
    The standard for carbon-chloroform extract organics is being
    dropped since no one
    is sure what the test for this group
    of chemicals really measures
    (R.III—30).
    This particular test mea-
    :32—3 11

    —6—
    sures only those carbon fractions which are extractable with
    chloroform
    (Ex.
    9,
    p.
    24)
    and is not related to health or other
    effects.
    More sophisticated tests are done for specific pesticides
    which may pose a health hazard.
    Hence,
    it appears that testing
    for carbon—chloroform extract organics is not necessary.
    The
    economic impact of dropping this standard was described as
    “negligible”
    (R.III—30)
    PARATHION
    Since parathion decomposes rapidly and would not be expected
    to be found in drinking water supplies, the Board finds that the
    standard for parathion
    is unnecessary.
    Parathion’s half—life
    ranges from 65 hours to one week
    (Ex.
    16)
    .
    Therefore,
    it is rare—
    ly detected in the routine surveillance of natural waters.
    However,
    even with such a relatively short half life, there may be sufficient
    time to permit the contamination of public water supplies due to its
    inadvertent application to areas immediately adjacent to water
    supply intakes
    (Ex.
    16).
    Although parathion is not among the sub-
    stances known to be carcinogenic and is reported to be non—terato—
    genic, removal of the standard may pose some adverse environmental
    effects which are not yet knownfl~x. 9).
    Similarly, there could
    be some adverse economic impact from dropping this standard, but
    none
    is anticipated at present (R.III-30).
    DICHLOROPHENOXYACETIC ACID
    (2 ,4-D)
    The MCL for the herbicide dichlorophenoxyacetic acid
    (2,4—D)
    is raised from 0.02 mg/i
    to 0.1 mg/i which
    is in accord with the new
    federal regulation.
    The relaxation has been proposed because of
    improved knowledge of its toxicity and its long history of relatively
    safe use
    (R.III-29).
    Although 2,4-D is not a known carcinogen or
    mutagen,
    it
    is a known teratogen
    (Ex.
    16)
    .
    The no adverse effect
    level suggested
    in an NAS—NRC report is 0.09 mg/i which
    is comparable
    to the new MCL of 0.1 mg/i
    (Ex.
    16).
    The record does not indicate
    what precise economic impact,
    if
    any,
    this relaxation will have.
    ZINC
    The standard for zinc of
    5 mg/l, measured as Zn,
    is being retained.
    Zinc imparts a bad taste to water at concentrations greater than
    5 mg/i which is considerably below the concentration necessary to
    produce any known adverse health effects
    (R.
    111—35,
    Ex.
    8).
    At
    concentrations ranging from 675
    to 2,280 mg/i,
    zinc acts as an acute
    but transitory emetic
    (Ex.
    7).I
    Since no supplies currently ex-
    ceed
    5 mg/i of zinc
    in Illinois,
    the only economic impact from
    retaining the current standard would be the cost of analysis.
    Re-
    taining the standard protects consumers from contamination of new
    or existing supplies which would taste bad due to excessive levels
    of zinc.
    RULES 104 and 105
    The definition of “standards”
    in Rule 104
    is being changed to
    32—312

    —7—
    conform with the most recent edition of the Recommended Standards
    for Water Works as adopted by the Great Lakes-tipper Mississippi
    River Board of State Sanitary Engineers.
    The allowable analytical techniques are described in Rule
    105.
    The revised rule conforms Chapter 6 with NIPDWS and allows the
    Agency to prescribe techniques for those standards not covered by
    NIPDWS.
    ECONOMIC IMPACT
    Changes in the Illinois regulations which were necessary to
    obtain primacy should be viewed as having minimal economic impact.
    Public water supplies in the state are already subject to USEPA’s
    regulations.
    Conforming Illinois’
    regulations to the Federal reg-
    ulations
    in order to obtain primacy does not change what is required.
    Obtaining primacy does make Illinois eligible for Federal funds
    which would otherwise be unavailable.
    Approximately $200,000
    in
    additional
    funds could result from primacy for 1979.
    After
    1979,
    primacy is a prerequisite to obtaining any grants for public water
    system supervision programs
    (Ex.
    9,
    pp.
    30-31).
    There are several changes made to the Illinois regulations
    which are not being made to conform the Illinois and federal require-
    ments.
    Hence,
    some economic impact may be attributable
    to these
    rule changes.
    These changes were discussed above.
    The Board hereby makes the determination, pursuant to §27(b)
    of the Act,
    that the regulation has no significant adverse economic
    impact on the people of the State of Illinois.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion was adopted on
    the
    ______________
    day of
    _______________,
    1978 by a vote of
    Illinois Pollution
    ~i Board
    32—313

    Back to top