ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH

GRAND AVENUE

EAST,

P.O.

Box

19276,

SPRINGFIELD,

ILLINOIS

62794-9276, 217-782-3397

JAMES

THOMPSON

CENTER,

100

WEST

RANDOLPH,

SUITE

11-300,

CHICAGO,

IL 60601, 312-814-6026

217/782-1020

ROD

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CIPRIANO,

September 8,2003

1~11((~h(~

CLERK’S

OFFICE

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JII1M\

SEP

102803

Ms.

Dorothy Gunn, Clerk

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LI. Li

Illinois

Pollution Control Board

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STA1 £

OF~

ILLINOIS

100 West Randolph Street 11-500

Pollution Control Board

Chicago, Illinois 60601

Re:

SDWA UpdateUSEPA Amendments July 1, 2002 through December 31,2002

Docket

R03- 15

Dear Ms.

Gunn:

Thank you forproviding an opportunity to commentupon proposed changes to the Illinois drinking

water regulations. As nearly all the drinking waterregulations are open in R03- 15, the Agency would

like to take the opportunity to complete some updates that are needed.

On July

17, 2003, Charlene

Denys, Region

USEPA Ground Water and Drinking Water Branch

Chief, sent a letter to the Agency clarifying the regulationofaldicarb. USEPA neglected to remove a

footnote in 40

CFR 141.24(h) that indicates that monitoring must be completed, but did

delete the

contaminant

group from

monitoring

requirements

CFR

141.24,

moving them to

CFR

141.40, unregulated contaminants.

Ms. Denys’ letter clearly states that it is not necessaryfor Illinois

to include the MCLs, analytical methods, or monitoring requirements forthe aldicarb compounds in

its regulations, noris it necessary for laboratories to be certified to analyze forthese compounds until

USEPA takes further regulatory action on them.

A copy ofthe letter from Ms. Denys is attached.

Accordingly, Illinois EPA respectfully requests that the Illinois Pollution Control Board repeal the

aldicarb group from definition in 611.102, 611.311(b); delete the BAT listings and the MCL listed

for the

aldicarbs

under

611.3 11(c);

delete

the

methods

cited

for

aldicarb ‘contaminants

under

611.51 0(b)(l 1); delete the aldicarbs from the definition under Phase 11(b) SOCs;

delete the Board

note at 611.648(b)

that indicates that suppliers must continue to monitor forthe aldicarbs; delete the

aldicarbs from the list ofrelated contaminants at 61l.648(g)(5)(B)(i); delete the method detection

limits for aldicarb at 611.648(r) (2); delete laboratory certification requirements at 611.648 (s) (2);

and delete the aldicarbs

from

the federal

effective dates in Table Z.

The Agency also

requests

that the following revisions

made to

parts

open under this

docket.

Theserevisions have been requested by USEPA during the primacy approvalprocess, asUSEPA has

reviewed primacy packages submitted by the Agency.

USEPA noted that “more than” is missing from the entry for “microbiological contaminant”

in Appendix A to Part 611

(corresponding with appendix A to 40 CFR 141

subpart 0).

The

federal

language restates the fecal

coliform MCL

“5

ofmonthly samples” for systems

that collect “greater

than or equal to

40 samples/month” and

“1

positive monthly sample”

for

those

collecting

“40

samples/month.”

The

October

2000

proposal

for

public

ROCKFORD

—4302

North Main Street,

Rockford,

IL 61103

—

(815) 987-7760

•

DES

PLAINE5

—9511 W. Harrison

St.,

Des Plaines,

60016— (847) 294-4000

ELGIN

—

595

South State,

Elgin,

IL 60123

—

(847) 608-3131

•

PEORIA

—5415

N. University

St.,

Peoria,

IL 61614— (309) 693-5463

BUREAU

LAND

PEORIA

—

7620 N.

University

St.,

Peoria,

IL 61614 —(309)

693-5462

CHAMPAIGN

—

2125 South First Street, Champaign,

IL 61820— (217) 278-5800

SPRINGFIELD

—4500S. Sixth Street

Rd., Springfield,

IL 62706 —(217)

786-6892

COLLINSVILLE

—2009 MaIl

Street, Collinsville,

IL 62234 —(618) 346-5120

MARION

—2309 W.

Main

St.,

Suite 116, Marion,

IL 62959— (618) 993-7200

PRINTED

RECYCLED

PAPER

comment duplicated the federal language.

Thus, USEPA points to an implicit error in the

federal language that the Board incorporated into the Illinois rules.

The language as it exists

today in the Illinois regulation states “fewer than

of monthly samples” for systems that

collect “greater

than or equal to

samples/month”

and “fewer than

positive monthly

sample” for those collecting “40

samples/month.”

TheAgency recommends that the Board

change this to

“five percent or fewer of monthly samples” for a supplier that collects “40 or

more samples/month”

and

“one

or fewer positive

monthly

samples” for those

collecting

“fewer than 40 samples/month.”

“PWS”

in 35

Ill.

Adm.

Code

61 1.883(b)(2) should be changed to

“supplier” to agree with

“operator” that appears at corresponding 40 CFR 141.1 53(b)(2).

USEPA had questions regarding rules

for the detection ofa contaminant.

Specifically, 40

CFR

141

15 1(d) refers

other rules for definition of “detection” of a contaminant.

This

sectionrefers to l41.23(a)(4) forthe lOCs. The list ofdetection limits actually appears at4O

CFR 141.23(a)(4)(i), which corresponds with the list at 35 Ill.

Adm. Code 611.600(d).

CFR141.24(0(7) defines “detection.”

This corresponds with the definitions of”detect” and

“detection” at 35 Ill. Adm. Code 611.646(a).

40 CFR 141 .24(h)(18) lists the detection limits

ofAroclors and SOCs.

This corresponds with 35

Ill. Adm.

Code 611.648(r).

35 Iii.

Adm.

Code 611.831(d), which corresponds with 40 CFR 141.151(d), refers to

35 Iii. Adm.

Code

611.600(d) forthe lOCs, 611.646 for VOCs, and 611.686(r) forthe Alaclors and SOCs.

The

only discrepancy is that 35 Ill. Adm.

Code 611.831(d) should perhaps more specifically refer

to 35 Ill. Adm. Code 611.646(a).

TheAgency respectfully requests that the Board make this

change.

Thank you for considering these comments.

Sincerely,

Lou Allyn Byus

Assistant Manager

—

Field Operations

Division ofPublic Water Supplies

cc:

Office of Legal Services

Illinois Department ofNatural Resources

524

S. Second St.

Springfield,

IL 62701-1787

Rita Garner

USEPA, Region V

77 West Jackson

Chicago, IL

60604

Sr.44

UNITED STATES ENVIRONMENTAL

PROTECTION AGENCY

REGION 5

______

77 WEST JACKSON

BOULEVARD

CHICAGO,

60604-3590

~1EFnOt~

REPLY TO THE

ATTENTION

OF:

WG-15J

Roger Se1bur~Manaaer

C E ~

Divi~on

1021

North

Grand Avenue

2OC~

Jul

P.O. Box

19276

‘

EflVironmentaj

PrQtectj~n’~

2003

Sprinafield, Illinois

62794-9276

‘

gency~entai

proTecT!

Dear Mr.

Selburg:

Sic

80f11ft00

This

letter

is being sent to you regarding the regulatory status of the three aidicarb compounds

(aldicarb,

aldicarb sulfone, and

aldicarb sulfoxide) under the National

Primary Drinking Water

Regulations (NPDWRs).

These

compounds were originally part of the NPDWRs

that were

promulgated

for synthetic organic compounds in

1992.

These NPDWRs

included monitoring

requirements. analytical methods, and maximum contaminant

levels (MCLs) for the aldicarb

compounds.

Before they became

effective the United States Environmental Protection Agency

(USEPA)

stayed the MCLs, and they have never taken effect.

USEPA also

changed the monitoring

requirements for these compounds, and moved them from the SOC monitoring section (40 Code

ofFederal Regulations (CFR)

Section

141.24) to the unregulated contaminant monitoring section

(40 Code of Federal Regulations, Section

141.40), which required 4

quarterly samples for these

compounds to be completed by

December 31,

1995.

Once the deadline for this monitoring had

past, and Section

141.40 was revised to include

new unregulated contaminants

(in

1999), the

aidicarb compounds were removed ‘from the

Section.

Unfortunately,

when this revision took place, USEPA neglected to remove a footnote in the

NPDWRs

(at 40 CFR Section

14 1.24(h)) that directs public water systems

to monitor for the

aldicarb compounds in accordance with Section

141.40, which no longer includes the aldicarb

compounds, so there has been

confusion as to what is currently required for the aldicarb

compounds.

Adding

to the confusion is that although

the MCLs for these compounds have been

stayed, their MCLs are

still listed

in the current NPDWRs and there

is nothing in the CFR to

indicate that the

MCLs

are still stayed, therefore someone reading the

most recent

CFR could

incorrectly determine that the MCLs

are in effect.

Recycled/Recyclable.Prlnted

with

Vegetable

Oil

Based

Inks

100

Recycled Paper (40

Postconsumer)

This

letter

being

sent

to clarify’

USEPA’s position

the alicarb compounds.

Since

the MCLs

are currently

staved, and monitoring for the aldicarb compounds has been completed. there

is no

need

to include

the

MCLs, analytical methods, or monitoring requirements

State regulations

until

sLich

time as

USEPA takes

further

actions under

a NPD

regarding these

compounds.

addition,

there

need

for

laboratories to be certified to analyze these compounds until

USEPA takes

further regulatory

action

them.

Should

you

have any questions, please feel free

to contact

Miguel

Del Toral. of n~ystaff,

at (312) 886-5253.

Sinc.

rely,

~h~1~s~ef

Ground Water and Drinking Water Branch

cc: State Directors

Kelley Moore

Janet Kuefler