REC~~J
CLEFK’S OFFtCE
PR
1
2003
BEFORE THE ILLINOIS
STATE
OF
ILLINOIS
Poflut~OnControl
Board
IN THE
MATTER
OF:
)
R03-d~/
)
(Rulemaking
-
Public Water Supplies)
AMENDMENTS TO
35
ILL. ADM. CODE
)
602.105, 602.106,
602.108, and 602.115
)
NOTICE OF
FILING
Dorothy Gunn, Clerk
Matthew Dunn, Chief
Illinois Pollution Control Board
Environmental Enforcement Division
Suite 11-500
Illinois AttorneyGeneral’s Office
James R. Thompson Center
James R. Thompson Center
100 West Randolph Street
100 West Randolph Street
Chicago, illinois 60601
Chicago, Illinois 60601
Office ofLegal Services
Department ofNatufalResources
One Natural Resources Way
Springfield, Illinois 62702-127 1
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk ofthe Illinois
Pollution Control Board the
ILLINOIS EPA REGULATORY
PROPOSAL,
MOTION FOR
ACCEPTANCE, AND APPEARANCE ofthe Illinois Environmental Protection Agency, a copy
ofwhich is herewith served upon you.
ILLINOIS ENVIRONMENTALPROTECTIONAGENCY
By:
Q’ajq
~1i2ø~
~
Joey Lo~an-~tilkey0
6
Assistant Counsel
Division ofLegal Counsel
DATED:
April 4, 2003
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois
62794-9276
(217)
782-5544
)
THIS FILING PRINTED ON RECYCLED PAPER
bvncE
BEFORE THEILLIN~J
~
bI
I
I
L
BOARDAPR
7
2003
STATE 0f
ILLINO
PolluttOfl Control
Board
IN THE MATTER OF:
)
R03-~
AMENDMENTS TO 35 Ill. Adm.
Code
)
(Rulemaking
-
Public Water Supplies)
602.105, 602.106,
602.108, and 602.115
)
)
MOTION FOR ACCEPTANCE
NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA”), by and
through its attorney, JoeyLogan-Wilkey, and pursuant to 35 Ill. Adm. Code 102.200 and 102.202,
moves that the Illinois EPA accept forhearing the Illinois EPA’s proposal for amendments to 35 Ill.
Adm. Code 602.105, 602.106,
602.108, and 602.115.
This regulatoryproposal includes:
1.
Notice of Filing;
2.
Appearance ofVera Herst, Attorney forthe illinois EPA;
3.
Appearance ofJoey Logan-Wilkey, Attorneyfor the Illinois EPA;
4.
DirectorRenee Cipriano’s Proposal ofRegulations;
5.
Certification ofOrigination;
6.
Statement ofReasons;
7.
Notice ofProposal and Proposed Amendments;
8.
Computer diskette containingNotice ofProposal and Proposed Amendments; and
9.
ProofofService.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:
~çb~-4)2Ifi-
Joey Logan-Wilkey
Assistant Counsel
Division ofLegal Counsel
DATED:
April 4, 2003
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois
62794-9276
(217)782-5544
THIS FILING PRINTED
ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
INTHEMATTER OF:
)
R03-~
)
(Rulemaking
-
Public Water Supplies)
AMENDMENTS TO 35 ILL.
ADM.
CODE
)
602.105, 602.106, 602.108, and 602.115
)
APPEARANCE
The undersigned, as one ofits attorneys, hereby enters her APPEARANCE on behalfofthe
Illinois Environmental Protection Agency.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:
tO?
JoeyLogan-Willcey
Assistant Counsel
Division ofLegal Counsel
DATED:
April 4, 2003
Illinois EnvironmentalProtection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois
62794-9276
(217)782-5544
THIS FILING PRINTED
ON RECYCLED PAPER
r
~
n
~
n
RECEiVED
:1
E
IA\
H
ci
rPY’S
OFHC~E
BEFORE THE ILLIN~I~
~
BOA1~R
7
Z003
SThrE OF
ILLINOIS
Control Board
INTHEMATTER OF:
)
PouutiOfl
)
R03-~-’l
)
(Rulemaking
-
Public Water Supplies)
AMENDMENTS TO 35 ILL. ADM. CODE
)
602.105, 602.106, 602.108, and 602.115
)
APPEARANCE
The undersigned, as one ofits
attorneys, hereby enters her
APPEARANCE
on behalfofthe
Illinois Environmental Protection Agency.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:
~
~
Vera Herst
AssistantCounsel
Division ofLegal Counsel
DATED:
April 4, 2003
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois
62794-9276
(217) 782-5544
THIS FILING PRINTED ON RECYCLED PAPER
CLERK’S
OFFICE
APR
7
2003
BEFORE THE ILLINOIS
STATE OF
ILLINOIS
Pollution
Control Board
INTHEMATTER OF:
)
)
R03-~
)
(Rulemaking
-
Public Water Supplies)
AMENDMENTS TO 35 ILL. ADM. CODE
)
602.105, 602.106, 602.108, and 602.115
)
ILLINOIS EPA PROPOSAL OF REGULATIONS
Pursuant to Section 27 ofthe Illinois Environmental Protection Act (415 ILCS
5/27),
the
Illinois Environmental Protection Agency herebymoves that the Illinois Pollution Control Board
adopt the attached proposed amendments to regulations~
Respectfully submitted,
AGENCY
Director
DATED:
____________
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois
62794-9276
(217) 782-5544
THIS FILING PRINTED
ON RECYCLED PAPER
RECEiVED
CIER~SOFFICE
APR
7
2003
BEFORE THE
ILLIN~
BOARD
STATE OF ILLINOIS
Pollution Control
Board
IN THE MATTER OF:
)
)
R03-
)
(Rulemaking
-
Public Water Supplies)
AMENDMENTS TO 35 ILL.
ADM. CODE
)
602.105,
602.106, 602.108, and
602.115
)
CERTIFICATION OF ORIGINATION
NOW COMES the Illinois Environmental Protection Agency to certify in accordance with
35
Ill. Adm. Code 102.202(h) that this proposal amends the most recent version of35
Ill. Adm.
Code Part 602.105, 602.106, 602.108, and 602.115, as published on the Illinois Pollution Control
Board’s World Wide Website.
Respectfully Submitted,
ILLINOISENVIRONMENTALPROTECTIONAGENCY
By:
11.
)AJ
Joey Logan-Wilkey
Assistant
Counsel
Division ofLegal Counsel
DATED:
April 4, 2003
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois
62794-9276
(217) 782-5544
THIS FILING PRINTED
ON RECYCLED PAPER
CLERK’S
OFFICE
APR
7
2003
BEFORE THE
BOAI~ATE
OF ILLINOIS
Pollution
Control
Board
INTHEMATTER OF:
R03-
AMENDMENTS TO 35
ILL. ADM. CODE)
(RulemakingPublic Water Supplies)
602.105, 602.106, 602.108,
and 602.115
)
)
STATEMENT OF REASONS
The Illinois Environmental Protection Agency (“Illinois EPA”) hereby submits
this Statement ofReasons under Section 27 ofthe Illinois Environmental Protection Act
(“Act”), 415 ILCS 5/27
(2002) and 35 Ill.
Adm. Code 102.121(b) in support ofthe
attachedproposal of amendments to Subtitle F: Public Water Supplies regulations ofthe
Illinois Pollution Control Board’s (“Board”) Regulations, 35 Ill.
Adm. Code 602.105 and
602. 106.
I.
Statement of Fact Supporting Proposals:
The Illinois EPA’s proposal offers a set of amendments to 35 Ill.
Adm. Code
602,
the Pennits regulations ofSubtitle F.
A detailed explanation ofthe substantive
amendments follows.
A.
Standards ofIssuance and Restricted Status
The Illinois
EPA proposes that the Board consider amendments to the exemptions
ofthe standards ofissuance and restricted status requirements of 35 Ill. Adm.
Code
602.105
and 602.106.
These exemptions currently provide relief to public water supplies
(“PWS”)
that exceed the maximum contaminant levels (“MCL”) forradium-226 and
radium-228 of
5
pico curries per liter (“pCi/L”) (“combined radium”)
and the
gross alpha
particle activity (“gross alpha”) of 15 pCi/L.
These exemptions will expire on the
effective date ofthe final radionuclide standard, December 8, 2003.
The Illinois EPA is
requesting that the Board amend 35 Ill. Adm. Code 602.105
and 602.106, before those
exemptions
expire, to continue to provide the exemptions from Restricted
Status’
to PWS
1
“Restricted Status” as stated in 35111. Adm. Code 602.106,
authorizes the Illinois EPA to identify those
public water supplies that may no longer be issued a construction permit without casuing a violation of the
)
)
THIS FILING IS SUBMITTED ON RECYCLED PAPER
that are under enforceable court orders or
Compliance Commitment Agreements
executed pursuant to
Section 31 ofthe Act that include a schedule for compliance with
the combined radium, gross alpha, and uranium MCLs.
The proposed amendments address the exemptions ofthe standards ofissuance
and restricted status requirements as the Board rules apply to the recently adopted
radionuclide amendments to Section 611.330 ofSubtitle F
~In The Matter Of SDWA
Update: USEPA Amendments,
(July 1,
2000 through December 31,
2000) R01-20,
October
10,
2001).
The proposed amendments would provide relief from the standards
ofissuance and restricted status requirements ofthe Board rules, 35
Ill. Adm. Code
602.105 and 602.106.
The Illinois EPA is not requesting a variance from the Board’s
radionuclide rule.
As the principal part ofIn
The Matter Of Amendments to 35111. Adm. Code
Subtitle F (R96-18), May
1,
1997,
the Board considered and adopted amendments to 35
Ill.
Adm.
Code 602.105 and 602.106 to exempt Illinois PWS exceeding the combined
radium and
gross alpha particle activity MCL from the Board’s restricted
status and
standards of issuance requirements.
The Board was prompted to provide such relief
because ofunusual delays in promulgating the federal combined radium standard as part
ofthe radionuclide rule.
In its opinion and order, the Board stated:
The current standards combined
radium and gross alpha
are
National Interim Primary Drinking Water Regulations adopted in
1976.
As interim standards they are under reviewby the USEPA,
and have been for some time.
Indeed, USEPA has had pending
since
1991
a proposal to
adopt final regulations in which the
radium standards would increase to
20 pCi/L for each ofthe two
radium isotopes (56 Fed. Reg. 33050, July
18,
1991).
Public
hearings on the proposed federal standardbegan on September 6,
1991.
In an
amended consent order in Miller v. Browner, (No. 89-
6328HO (Dist OR 1990), amended February 22,
1994), the federal
district court for Oregon ordered the USEPA to take final action on
the radionuclide rule with respect to radium-226 and radium-228
standards by no later than April 30,
1995.
However, Congress
prohibited funding during 1994 and
1995, necessary forthe
promulgation ofa radon standard.
Since radon was a part of the
radionuclide proposal, no standards for radium-226 and radium-
Illinois
Environmental Protection Act,
415
ILCS
51
et
seq.
or
Subtitle F.
The Illinois
EPA is also required
to maintain and periodicallypublish the list of supplies that are on Restricted Status.
-2-
228 were adopted.
USEPA has proposed a modification to the
Miller v. Browner consent order; however, it has not committed to
a time for developing a new promulgation schedule.
Ifthe
proposed federal
standard is adopted, almost no public water
supply in Illinois would exceed the radium standard.
Today’s
amendments to
the standards ofissuance and restricted status
requirements
allow public water supplies to
continue to operate,
without the construction permit ban (or needto seek a variance
from the ban), pending final action by USEPA.
In The Matter Of Amendments To 35111. Adm. Code SubtitleF
(Parts 601 through 620),
R96-18 (May 1,
1997), pp.
6-7.
The Board also recognized that from
1991
through 1997,
the Illinois EPA placed
69 PWS on restricted status for exceeding the
5
pCi/L combined radium MCL or the
15
pCi/L gross alpha MCL.
The placement ofPWS on restricted status prevented the PWS
from obtaining construction and operating permits to expand their systems unless the
PWS petitioned the Board for a variance from the standards ofissuance and restricted
status requirements.
Prior to
the amendments of R96-18, May 17,1997, the Board had
issued 134 variances from restricted status for 83
PWS with exceedences ofthe
5
pCi/L
combined radium MCL or the
15 pCi/L gross alpha particle activity MCL. Id at 7.
Mindful ofthe USEPA’s delay in promulgating a final radionuclide standard, the
Board adopted exemptions in 35 Ill.
Adm. Code 602.105
and 602.106 forPWS that were
in violation ofthe 5 pCi/L combined radium MCL
and the
15 pCi/L gross alphaparticle
activity MCL, but did not exceed the then proposed 20 pCi/L standard for eachisotope of
radium.
The Board adopted the exemptions from the standards ofissuance and restricted
status requirements for those PWS until the effective date ofthe radionuclide rule as
promulgated by USEPA or at the time ofwithdrawal ofthe proposed 20 pCi/L MCL for
each isotope ofradium by USEPA.
On December 7, 2000, USEPA finalized the revisions to the
1976 radionuclide
rule.
The revised regulations retained the existing MCL of
5
pCi/L for the combined
radium MCL and
15 pCi/L MCL
for gross alpha.
The rule defined “combined radium” as
the sum of analytical results forradium-226 @Ci/L) and radium-228 (pCi/L)
and
established a 30 pCi/L MCL foruranium.
“Gross alpha” was defined as the total activity
from all alpha-emitting particles and
compliance was based on the adjusted gross alpha,
which is gross alpha minus total uranium.
USEPA established the effective date for the
-3-
final radionuclide rules as December 8,
2003, and thus set the expiration date for the
standards ofissuance and restricted status exemptions of 35 Ill. Adm.
Code 602.105 and
602.106
for Illinois PWS that exceeded the combined radium and gross alpha MCL ofthe
radionuclide rule.
On October 4, 2001, the Board adopted the standards ofthe
radionuclide rule as part ofIn
The Matter Of SDWA
Update,
USEPA Amendments (July
1,
2000 through December 31,
2000,) R01-20 (October 4,
2001),
and thus incorporated
into the Board regulations the December 8, 2003 compliance date ofthe radionuclide rule
and the deadline date for all Illinois PWS.
In early2001,
the Illinois EPA began notifying the approximately
113 Illinois
PWS that exceed the
5
pCi/L combined radium MCL and the
15 pCi/L gross alpha MCL.
In September and October 2001, the Illinois EPA set up meetings throughout the State
with PWS to identify the noncompliance, and to discuss the alternative methods of
achieving compliance with the radionuclide rule by December 8, 2003, including, but not
limited to
bletiding, lime softening, ion exchange, reverse osmosis, and connecting to
an
alternate water source.
During the meetings with the PWS that exceeded the combined
radium and gross alpha particle activity MCLs, the Illinois EPA offered each PWS the
opportunity to enter into a Radionuclide Compliance Commitment.
A Radionuclide Compliance Commitment is a commitment by the PWS to
achieve compliance with the radionuclide rule by December 8, 2003.
In an acceptable
Radionuclide Compliance Commitment, the PWS commits to hiring a registered
professional engineer to prepare a Compliance Report within six months.
The
Compliance Reportmust identify the compliance options investigatedby the PWS, the
basis for the chosen treatment option, a detailed compliance schedule, the estimated cost
and the source offunding for the project.
Once the PWS has signed a Radionuclide
Compliance Commitment and has submitted a ComplianceReport, the Illinois EPA
suspends the pre-enforcement notice initiatives under Section
31 ofthe Act, 415
ILCS
5/31(2002).
On August
1,
1996, the Illinois General Assembly enacted PA 89-56, establishing
formal violation notice procedures, and meeting and written response requirements for
the “person complained against” and the Illinois EPA.
These pre-notice requirements
must be met before the Illinois EPA may institute formal enforcement processes.
An
-4-
essential component ofthis pre-enforcement process is the opportunity for the “person
complained against” to respond and to commit to a compliance program for addressing
the alleged violations through a Compliance Commitment Agreement (CCA).
The
person complained against mayrespond with a CCA afterreceiving a violation notice or
after the meeting with the Illinois EPA.
In response to the alleged violations,
Section 31
allows the person complained against to submit a CCA that,
“includes specific times
for
achieving eachcommitment,” 415 ILSC 31(a)(2)(B) and (a)(5)(B) (2002). TheCCA
must then be reviewed and either rejected or approved by the Illinois EPA~
The Board is familiar with enforceable compliance schedules ofjudicial consent
orders and with the administrative documents required by the pre-enforcement notice,
meeting and written response requirements ofSection
31 ofthe Act.
As part ofthe pre-
enforcement process ofthe radionuclide rule, the PWS may sign a CCA with a
compliance schedule that will be effectively monitored by the Illinois
EPA.
If the PWS
meets the compliance dates in the CCA, itwill demonstrate that it is working in good
faith to
achieve compliance.
Ofthe
113 PWS not in compliance with the radionuclide rule, the Illinois
EPA
reports the following progress:
•
twelve facilities have returned to compliance;
•
80 facilities have signed Radionuclide Compliance Commitments;
•
74 ofthe
80 facilities with Radionuclide Compliance Commitments have
submitted Compliance Reports;
•
43 ofthe
74 facilities with Compliance Reports have been approved for
construction;
•
five facilities are currently under construction; and
•
five facilities have completed construction and are doing compliance
monitoring.
The Illinois EPA anticipates that approximately 50 to 60 Illinois PWS mayfail to
meet the December 8, 2003 deadline ofthe radionuclide rule and be
subject to the pre-
enforcement and notice processes ofSection 31 ofthe Act, 415 ILCS 5/31
(2002).
Once the Illinois EPA has identified a PWS as being unable to
comply with the
December 8,
2003 deadline ofthe radionuclide rule, the Illinois EPAwill send the PWS a
violation notice (“VN”) to initiate the pre-enforcement notice and enforcement process
under Section
31 ofthe Act.
As part ofthe Section 31
pre-enforcement meetings, the
-5-
Illinois EPA is required to offer the PWS the opportunity to propose a CCA, which
includes a
compliance schedule.
Ratherthan proceeding with formal enforcement, the
IllinoisEPAmayuse
its authority under Section 31 of the Act to
approve CCAs for PWS
that demonstrate a willingness to
achieve compliance consistent with the deadline ofthe
radionuclide rule.
The Illinois EPA believes that PWS in noncompliance with the radionuclide rule
who have not committed to acceptable compliance
schedules should not be given an
exemption from the standards of issuance and restricted status requirements.
However,
the Illinois EPA believes that those PWS that have submitted acceptable CCAs or have
entered into enforceable consent orders, and are in compliance with all the milestones of
the compliance
schedule required by those CCAs or consent orders, should be provided
relief from 35 Ill. Adm.
Code 602.105 and 602.106 to allow the Illinois EPA to
issue
necessary permits without the need for variance relief from the Board.
For those PWS facilities in violation ofthe radionuclide rule that have not
committed to a compliance schedule or with schedules that do not propose timely
compliance with the radionuclide rule, the Illinois
EPA will reject proposed CCAs and
will refer those PWS to the Office ofthe Attorney General for formal enforcement.
The
Office ofthe Attorney General will then provide those PWS with the opportunity to enter
into consent orders containing compliance schedules arid monetary penalties.
In R96-18, May 1997, the Board determined that the exemptions of35 Ill. Adm.
Code 602.105 and 602.106 were necessary to address extraordinary delays by USEPA in
promulgating the radionuclide rule.
The Board found that the noncomplying PWS had
been placed on restricted status, thus banning the PWS from extending or expanding their
facilities unless the PWS petitioned the Board for variance relief from the standards of
issuance and restricted status requirements.
If the Board were to allow the current exemptions of 35 Ill. Adm. Code 602.105
and
602.106 to expire on December 8, 2003 without amendment, the noncomplying PWS
facilities would be required to seek individual variances for extension or expansion of
their PWS facility.
In R96-18, May 17,
1997, the Board recognized that the variance
process was costly for the regulated community and expended both Illinois EPA and
-6-
Board
resources.
In The Matter Of Amendments To 35111. Adm.
Code Subtitle F
(Parts
601
through 620), R96-18 (May 1,
1997), pp.
7, 9.
Accordingly, the IllinoisEPAproposes that the Board amend 35
Ill. Adm. Code
602.105
and 602.106
to
limit the exemptions to
those PWS that have entered into a CCA
executed under Section
31 ofthe Act or a consent order containing an enforceable
compliance schedule.
B.
Construction Permit Applications
The Illinois EPA requests that the Board amend 35 Ill. Adm.
Code 602.108
to
require that each person signing the construction permit application certify that the
application is complete and accurate.
Applicants often electronically transcribe permit
applications into the data base oftheir computer systems to facilitate
completion ofthe
applications.
The Illinois
EPA does not wish to restrict the transfer ofthe permit
application text to their computer systems, so long as the text
is not changed and those
signing the application will certify that the text has not been changed or altered from the
original permit application format.
The construction permit application used by the
Illinois EPA’s Division ofPublic Water Supplies provides for and requires the signatures
ofthe following three separate entities:
1)
the applicant, including the PWS, the contractor, the developer, or the trustee
ofa land trust;
2)
the engineer or the architect registered to practice in Illinois; and
3)
the owner orofficial custodian ofthe public water supply.
As proposed, each personrequired to
sign the construction permit application
would be required to certify that the information in the permit application is complete and
accurate.
The reference to the “best ofmy knowledge” has been removed because the
Illinois EPA requires that the certification must be an unqualified certification that the
material submitted in the construction permit application is information that theJlliDnis
EPA mayrely on as being complete and accurate.
The Illinois EPAhas provided the
Board with copies ofpermit applications to facilitate theirreview ofthis proposed
amendment.
-7-
C.
References to Technical Policy Statements in 35 Ill.Adm. Code 602.115
The IllinoisEPA alsoproposes that the Board update the reference in 35 Ill.Adm.
Code 602.115 to 35
Ill. Adm. Code 651 through 654, the Illinois EPA’s public water
technical and design criteria.
In July 1999, the Illinois
EPA amended 35
Ill. Adm. Code
651 through 654 and changed the reference from the Agency Technical Policy Statements
to the
Agency Rules for PublicWater Supplies. The amendments were published in the
Illinois Register,
23
Ill. Reg. 8982, effective July 29,
1999.
The Illinois EPA requests
that Board amend such references in 35
Ill. Adm.
Code 602.115
to reflect these changes.
II.
Purpose
and Effect of Proposal:
A.
Standards ofIssuance and Restricted Status
Providing exemptions fromthe provisions of35 Ill. Adm. Code602.105,
Standards of Issuance,and 35 Ill. Adm. Code 602.106, Restricted Status, toPWS that
have entered intoCCAs or consent orders will allow those PWS toexpand their facilities
while installing treatment for radionuclides or otherwise achieving compliance with the
radionuclide standard.
Unless the Board amends these exemptions to extend beyond the
December 8, 2003 effective date ofthe final radionuclide rule, allPWS whose
compliance schedules extend beyond that date would be required to seek relief in the
form ofindividual variances from the Board in order to receive Illinois EPA permits for
expansion.
Between 1977 and 1997, the Board issued 134 variances from restricted status for
83PWS thatexceeded the
5
pCi/L combined radium
standard. Absent these amendments
extending the exemptions from standards ofissuance andrestricted status, the Illinois
EPA estimatesthat 50 to 60PWS would seekBoard variancesfrom restricted status
while working to install radionuclide treatment or otherwise achieve compliance.
Thevariance process is costly not only for the Board and IllinoisEPA, but also
forthe regulated community. These proposedamendments willprovide thesePWS with
relief from the need to obtain
a variance while installing costly treatment for
radionuclides. Adoptionby theBoard ofthese amendments to 35 Ill. Adm. Code
602.105 and 602.106 will obviate the need for and costs ofobtaining variances from
restricted status for an estimated50 PWS. Because onlythePWS who haveentered into
CCAs or consent orders requiring date-certain compliance withthe radionuclide standard
-8-
will qualify for these exemptions, and the IllinoisEPAwillcontinue to enforce the
federal radionuclide standards, the State ofIllinois will notbe subject to loss ofits
primary enforcement responsibilityunder the Safe Drinking Water Act.
B.
Construction Permit Applications
Amending 35 Ill. Adm. Code 602.108 to require thateachperson signing the
construction permit
application certify that the application is complete and accurate will
allow the Illinois EPA to accept construction permit applications from public water
supplies with the confidence that the submittal is complete and accurate, and~that
the text
has not been altered. This will allow the applicant to prepareand store a template ofthe
IllinoisEPA DivisionofPublicWater Supplies constructionpermit application in its
computer system to
facilitate the completion offuture permit applications.
C.
References to Technical Policy Statements in 35 Ill. Adm. Code 602.115
The
purpose ofamending 35 Ill. Adm. Code 602.115 is to
have the Board rules
reflect the change previouslymade to theAgency rules. The Board rules still refer to the
Design, Operation, andMaintenance Criteria forPWS as “Technical Policy Statements,”
while the Agency rules located at 35 Ill. Adm. Code65 1-654 referto that criteria as
“AgencyRules for Public Water Supplies.” Theproposed amendmentto 35 Ill. Adm.
Code 602.115 will update the Board rules to reflect this change to the Agency rules for
PWS.
III.
Technical and Economic Justification:
A.
Technical Justification
The IllinoisEPA is notproposing any technicalchanges for this rulemaking.
B.
Economic Justification
Theproposed amendments will result in a continued costsavings for the regulated
community, as theywill not incur the expenseofgoing through the variance process for
radium violations while theyare completingtheir compliance measures. The Illinois
EPA and the Board will also continue to save the time that would otherwisebe invested
in proceedings forradionuclide variances.
Continuing the exemption from restricted
status forPWS that are seeking compliance will have little orno impact on the safety of
the drinking water that is provided by these PWS.
The Illinois EPA does not anticipate
-9-
that the other proposed amendments will have any economic impacton the regulated
community, or on the Board or the Illinois EPA.
IV.
Communication with Interested Parties:
During state-wide meetings with the regulated community in October of2001,
the
IllinoisEPAreceived inquiriesregarding restricted status. Since that time,
representatives ofvarious public water supplieshave requestedcontinuing exemptions
from restricted status until theyare able tomeetthe radionuclide standard. The Illinois
EPAhas requested an estimate on the cost of completing the variance process from
members ofthe regulated community, and will provide that information to theBoard at a
later date.
V.
The Agency’s Proposal:
The following is a section by section summaryofthe IllinoisEPA’s proposal.
35
Ill. Adm.
Code 602.105
Theproposal amends this section to allow the IllinoisEPA to issue permits to
PWS that arenot in compliance withthe final radionuclide rule but areunder a consent
order orCCA that requires date-certain compliance withthe radionuclide rule.
35
Ill. Adm.
Code 602.106
Theproposal amends this section to extend the exemption from restricted status to
PWS that arenot in compliance withthe final radionuclide rule but are under consent
orders or CCAs that requires date-certain compliance with the radionuclide rule.
35
Ill. Adm. Code 602.108
The proposal amends this section to require that eachperson signing the
constructionpermit application certify that the application is complete and accurate, and
that the textofthe application has notbeen altered.
35
Ill. Adm.
Code
602.115
Theproposal amends this section to update the reference in 35
Ill. Adm. Code
602.115 to 35 Ill. Adm. Code 651 through 654, the Illinois EPA’s public water technical
and design criteria, fromthe Agency Technical Policy Statements to theAgency Rules
forPublic Water Supplies.
-10-
VI.
Synopsis ofWitness Testimony:
During the Board’s proceedings in this matter, the Illinois EPA will present two
witnesses in support ofthe proposed rulemaking, Jerry Kuhn
and Michael Crumly.
Jerry
Kuhn
is the Managerofthe Permits Sectionofthe DivisionofPublic Water Supplies.
His duties includemanaging the review ofpermit applications submittedby public water
supplies to assure
thatproposed construction meets acceptable design criteria in
accordance with federal SafeDrinkingWater Act, the Illinois Environmental Protection
Act, and the Board regulations governingpublic water supplies. Mr.Kuhnhasbeen with
the Illinois EPA for twenty-two years and is a licensed professional engineer.
Mr. Kuhn
will submit testimony regarding the Restricted Status and Standards ofIssuance
regulations, and the need for requiringapplicants to certify thatpermit applicationsare
complete and accurate.
Michael Crumly is the Manager oftheDrinking WaterComplianceUnit ofthe
Compliance Section ofthe Bureau ofWater.
His duties include overseeing and assisting
water systems to complywith state and federal regulations. Mr.
Crumlyhas been with
the Illinois
EPA for fifteen years.
He is
a biologist by training.
He will testify to
the
Illinois EPA’s implementation of the final radionuclide rule.
VII.
Conclusions:
The Illinois EPA recommends that the Board adopt the proposed amendments as
enumerated above as expeditiously as possible.
Respectfully submitted,
Illinois Environmental Protection Agency
By:_______________
~Jc~’yLo~’an-Wilkey
Assistant Counsel
Division ofLegal Counsel
DATED:
___________
1021 N. Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
217/782-5544
—11—
ILLINOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
1)
Heading of Part:
Permits
2)
Code Citation:
35 Ill. Adm. Code 602
3)
Section Numbers:
Proposed Action:
602.105
Amendment
602.106
Amendment
602.108
Amendment
602.115
Amendment
4)
Statutory Authority:
415
ILCS 5/17 and 27
5)
A
Complete Description of the Subjects and Issues Involved:
The proposed amendments to 35
Ill. Adm. Code 602.105 and 602.106 will allow the Illinois EPA to
continue to issue permits for the expansion of drinking water facilities for public water supplies that are
under enforceable court orders requiring compliance withthe radionuclide rule.
The proposed amendments to 35 Ill.
Adm.
Code 602.108 require that each person signing the construction
permit application certify that the
application is complete and accurate.
This amendment will insure that
there are
no changes or omissions
during the electronic production of permit applications by applicants.
The proposed amendments to 35
Ill. Adm.
Code
602.115 changes the references to the Agency Technical
Policy Statements to the Agency Rules for Public Water Supplies to reflect the
July
1999 amendments to
35
Ill. Adm.
Code
651
through 654.
6)
Will this proposed amendment replace an emergency amendment currently in effect?
Yes
XNo
7)
Does this rulemaking contain an automatic repeal date?
Yes
XNo
8)
Does this proposed amendment contain incorporations by reference?
Yes
XNo
9)
Are there any other proposed amendments pending on this part?
Yes
XNo
10)
Statement of Statewide Policy Objectives:
These proposed amendments
are consistent with the policy
objectives set
out in the Environmental
Protection Act, 415
ILCS
5/1 et seq.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED
AMENDMENTS
11)
Time, Place and Manner in which interested persons may comment on this proposed rulemaking:
The Board will accept written comment
on this proposal for a period of 45
days after the date of this
publication.
Comments should reference Docket R03-
and be addressed to:
Ms.
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R.
Thompson Center,
Suite 11-500
100 West Randolph Street
Springfield, Illinois
60601
12)
InitialRegulatory Flexibility Analysis:
A)
Types of small businesses, small municipalities and not for profit corporations affected:
Small public water supplies, includingprivately-owned and municipally-owned systems,
will
benefit from the proposed amendments, as they will continue to be eligible
for permits
for the
expansion of their facilities provided that they have entered into a consent order or a Compliance
Commitment Agreement requiring compliance withthe radionuclide standard.
B)
Reporting, book keeping or other procedures required for compliance:
No additional reporting or record keeping requirements
are
imposed beyond those
necessary for
compliance with the existing regulations.
C)
Types ofprofessional skills
necessaryfor compliance:
No
additional professional skills
are required beyond those necessaryfor compliance with the
existing regulations.
13)
Regulatory Agenda on which this rulemaking was summarized:
January 2003
The full text of the
Proposed Amendments begins
on the next page:
-2-
ILLINOIS REGISTER
POLLUTION
CONTROL BOARD
NOTICE OF PROPOSED
AMENDMENTS
TITLE 35:
ENVIRONMENTAL
PROTECTION
SUBTITLE F:
PUBLIC WATER SUPPLIES
CHAPTER I:
POLLUTION
CONTROL BOARD
PART
602
PERMITS
Section 602.105
Standards for Issuance
a)
The Agency shall notgrant any construction or operating permit required by this Part unless-the
applicant submits
adequate proofthat the public
water supply wilt be constructed, modified or
operated so as not to cause
a violation of the Environmental ProtectionAcL415iLCS5.
b)
The Agency shallnot grant any construction or operatingpermit required by this Part unless the
applicant submits
adequate proofthat the public
water supply facility
conforms to the design criteria
promulgated by the Agency under Section 39(a) of the Act or Section 602.115 or is based on such
other criteria which the applicant proves will produce
consistently satisfactory results.
c)
The Agency
shallnotgrant any construction permit required by this Part unless the applicant submits
proofthat any plan documents required by this Section and Section 602.108 have beenpreparedby a
person qualified under the Illinois Architecture Practice Act 225
ILCS 305,
the Illinois Professional
EngineeringPractice
Act 225
ILCS 325,
the Illinois Structural Engineering Licensing Act 225
ILCS 340,
or any required combination thereof
d)
Until the
effective date of either a National Primary Drinking Water Regulation for radium-226,
radium-228, or gross
alpha particle activity that replaces the National Interim Primary Drinking
Water Regulations for these contaminants, adopted by USEPA on July 9, 1976, or the formal
withdrawal of the proposedNational Primary Drinking Water Regulations for these contaminants,
as proposedby USEPA on July 18,
1991
(56 Fed. Reg. 33050), the Agency shall notdeny for the
following reasons any construction or operating permit required by this Part:
1)
the radium-226 level is less than or equal to 20 pCi\L;
2)
the radium-228 level is less than or equal to 20 pCi\L;
or
3)
the gross
alpha particle activity
level minus the radium-226 level is less than or equal to
15 pCi\L.
This subsection applies until December 8, 2003.
~fl
Effective December 8, 2003, the Agency may issue a construction or operating permit to a public
water supply that exceeds the maximum contaminant level (MCL) for the combined radium
standard (radium-226 and radium-228) of
5
pCiIL, the gross
alphaparticle activity of 15 pCi/L, or
the MCL for uranium of 30
ug/Lof 35 Ill. Adm. Code
611.330, provided that the supply has
entered into
a Compliance Commitment Agreement (CCA)
executed pursuant to Section3Lofthe
Act or an enforceable court order
for compliance with the combined radium, uranium, or the gross
alpha particle activity
standards.
-3-
ILLiNOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
(Source:
Amended at
Ill. Reg.
,
effective
__________
Section 602.106
Restricted Status
a)
Restricted status shallbe defined as
the Agency determination, pursuant to Section 39(a) of the Act
and Section 602.105, that a public water supply facility may no longer be issued a construction
permit without causing a violation ofthe Act or 35 Ill. Adm.
Code:
Subtitle F this Chapter.
b)
The Agency shallpublish and make available to the public at intervals ofnot more than six months, a
comprehensive and up-to-date list of supplies subject to restrictive status and the reasons why.
c)
The Agency shallnotif~’
the owners or official custodians ofsupplies when the supplyis initially
placed on restricted statusby the Agency.
d)
Until the effective date of either a National Primary Drinking Water Regulation for radium-226,
radium-228, or gross
alpha particle activity that replaces the National Interim Primary Drinking
Water Regulations for these contaminants, adopted by USEPA on July 9, 1976, or the formal
withdrawal ofthe proposedNational Primary Drinking Water Regulations for these contaminants,
as proposed by USEPA on July
18,
1991 (56 Fed. Reg. 33050),the Agency shall notplace public
water supplies on restricted status when:
1)
the radium-226 level is less than or equal to 20 pCi\L;
2)
the radium-228 level is less than or equal to 20 pCi\L; or
3)
the gross
alpha particle activity level minus the radium-226 level is less
than or equal to
15 pCi\L.
This subsection applies until December 8, 2003.
Effective December
8, 2003, the Agency may notplace a public water supply that exceeds the
maximum contaminant level (MCL) for the combined radium standard(radium-226 and radium-228)
of 5 pCiIL, the gross alpha particle activity of 15
pCiJL. or the MCL for uranium of30
ug/L of 35 Ill.
Adm.
Code 611.330 on restricted status, provided that the supply has
entered into a Compliance
CommitmentAgreement (CCA)
executedpursuant to Section 31 of the Act or an enforceable court
order for compliance with the combined radium, uranium, or the gross alpha particle activity
standards.
(Source:
Amended at
—
Ill.
Reg.
,
effective
Section 602.108
Construction Permit Applications
All applications for any construction permit required under this Chapter shall contain, where appropriate, the following
information and documents:
a)
A summary ofthe design basis;
b)
Operation requirements;
-4-
ILLiNOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
c)
General Layout;
d)
Detailed Plans;
e)
Specifications;
f)
A professional seal to satisfy Section 602.105 (c) requirements ;-and
g)
Eachperson signing the construction permit
application must certify that
the information contained
in the permit application is complete and accurate, and that the text ofthe permit application has not
beenaltered or changed from the Agency’s officialpermit application form, and
h)g~
Any other information required by the Agency for proper considerationof the permit.
(Source:
Amendedat
—
Ill. Reg.
,
effective
__________
Section 602.115
Design, Operation, and Maintenance Criteria
a)
The Agency may adopt criteria, publishedin the Agency Rules for Public Water Supplies form of
Technical
Policy Statements, for the design, operation, and maintenance ofpublic water supply
facilities
as necessaryto insure
safe, adequate,
and clean water.
These criteria shallbe revised from
time to time to reflect current engineering judgmentand advances in the state ofthe art.
b)
Before adopting new criteria or making
substantive changes to any Agency Rules for Public Water
Supplies Technical Policy Statements, the Agency shall comply with the provisions ofthe
Administrative Procedure Act
5
ILCS
100.
(Source:
Amended at
—
Ill. Reg.
,
effective
-5-
STATEOF
ILLINOIS
)
COUNTY OF SANGAMON
)
)
PROOF OF
SERVICE
I, the undersigned, on oath state that I
have
served
the attachedNotice ofFiling the Illinois
EPARegulatory Proposal,Motion for Acceptance, andAppearance upontheperson towhom it is
directed, byplacing acopy inanenvelopeaddressed to:
DorothyM. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 WestRandolph, Suite 11-500
Chicago, Illinois 60601
and mailing it from Springfield, Illinois on April 4, 2003, with sufficient postage affixed first class
mail.
~Qi~iL~i~
SUBSCRIBED AND SWORN
TO
BEFORE ME
this
Lfr~
dayofi
‘t’i
,2003.
3~L~
NOTARY PUBLIC
*
OFFICIAL
SEAL
*
BRENDA BOEHNER
*
NOTARY
PUBLIC,
STATE
OF
ILLINOIS
+
~2!’~4.2oo5:~
