1. FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING
    2. Docket R03-1: January 1, 2003 though June 30, 2003 SDWA Amendments
    3. No Later SDWA (Drinking Water) Amendments of Interest
    4. No Other Federal Actions Having a Direct Impact on the
    5. Illinois SDWA (Drinking Water) Regulations
    6. Summary Tabulation of the Federal Actions Included in This Docket
    7. PUBLIC COMMENTS
    8. DISCUSSION
    9. Discussion of the Federal Action
    10. General Revisions and Deviations from the Federal Text
    11. Agency or Board Action
    12. Discussion of Corrective Amendments
    13. Discussion of Miscellaneous Housekeeping Amendments
    14. Table:
    15. Board Housekeeping Amendments

1
 
 

ILLINOIS POLLUTION CONTROL BOARD
December 18, 2003
 

 
IN THE MATTER OF: )
) R04-3
SDWA UPDATE, USEPA AMENDMENTS )  (Identical-in-Substance
(January 1, 2003 though June 30, 2003) )  Rulemaking - Public Water Supply)

Proposed Rule. Proposal for Public Comment.
 
OPINION OF THE BOARD (by T.E. Johnson):
 
The Board today proposes amendments to the Illinois regulations that are “identical in substance” to drinking water regulations adopted by the United States Environmental Protection Agency (USEPA). The USEPA rules implement Sections 1412(b), 1414(c), 1417(a), and 1445(a) of the federal Safe Drinking Water Act (SDWA) (42 U.S.C. §§ 300g-1(a), 300g-3(c), 300g-6(a), and 300j-4(a) (1994)). This docket includes federal SDWA amendments that USEPA adopted in the period January 1, 2003 though June 30, 2003. The substantive amendments involved in this proceeding change the maximum contaminant level (MCL) for arsenic from 0.01 mg/ℓ to 0.010 mg/ℓ.
 
Sections 7.2 and 17.5 of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and 17.5 (2002)) provide for quick adoption by the Board of regulations that are identical in substance to federal regulations that USEPA adopts to implement Sections 1412(b), 1414(c), 1417(a), and 1445(a) of the federal 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 and 5-40 (2002)) do not apply to the Board’s adoption of identical-in-substance regulations. The federal SDWA regulations are found at 40 C.F.R. 141 through 143.
 
This opinion supports an order that the Board also adopts today. That order includes the text of the proposed amendments. The Board will cause the proposed amendments to be published in the Illinois Register and will hold the docket open to receive public comments for 45 days after the date of publication. The Board will then adopt and file the final rules, taking into account the public comments received. The rules will be adopted and filed no later than March 25, 2004.
 



FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING
 

The following briefly summarizes the federal actions considered in this rulemaking.
 



Docket R03-1: January 1, 2003 though June 30, 2003 SDWA Amendments
 

USEPA amended the federal SDWA regulations on one occasion during the period January 1, 2003 though June 30, 2003. This is summarized below:
 
68 Fed. Reg. 14502 (March 25, 2003)
USEPA made minor clarifying amendments to the January 22, 2001 (66 Fed. Reg. 6976) arsenic rule. It changed the significant digits of the MCL from 0.01 to 0.010 to clarify the standard.
 



No Later SDWA (Drinking Water) Amendments of Interest
 

The Board engages in ongoing monitoring of federal actions. As of the date of this opinion and accompanying order, the Board has not identified any USEPA actions since June 30, 2003, that further amend the SDWA rules. 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 reasons would warrant consideration as soon as possible and those for which the Board has received a request for expedited consideration. If the Board identifies any federal actions that fulfill these criteria prior to final action on the present amendments, it may include those amendments in the present update docket R04-3.
 



No Other Federal Actions Having a Direct Impact on the



Illinois SDWA (Drinking Water) Regulations
 

In addition to the amendments to the federal SDWA regulations, amendments to certain other federal regulations occasionally have an effect on the Illinois drinking water rules. Most notably, 35 Ill. Adm. Code 611.102 includes the incorporation of Appendices B and C of 40 C.F.R. 136 by reference. These are federal Clean Water Act methods for analysis of contaminants in water.
 
As of the date of this proposal for public comment, the Board has found no amendments to the analytical methods for analysis of contaminants in water in 40 C.F.R. 136. No Board action will be required at this time to update the version of 40 C.F.R. 136 incorporated by reference in Section 611.102 to include the amendments.
 



Summary Tabulation of the Federal Actions Included in This Docket
 
March 25, 2003
(68 Fed. Reg. 14502) 		Minor clarifying amendments to the January 22, 2001 arsenic rule.



PUBLIC COMMENTS
 

The Board will receive public comments on this proposal for 45 days following its publication in the Illinois Register. After that time, the Board will immediately consider adoption of the amendments, making any necessary changes made evident through the public comments. The Board will file any adopted rules with the Secretary of State immediately after adoption, but no later than March 25, 2004.
 



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 identical-in-substance 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 first series of discussions is organized by federal subject matter, generally appearing in chronological order of the relevant Federal Register notices involved. Finally, this discussion closes with a description of the amendments and actions that are not directly derived from the federal actions.
 



Discussion of the Federal Action
 

Clarified MCL for Arsenic—Sections 611.301, 611.600, 611.611, 611.884 and Appendices A and H to Part 611
 
On March 25, 2003 (68 Fed. Reg. 14502), USEPA amended the revised MCL for arsenic. USEPA changed the standard from 0.01 mg/ℓ to 0.010 mg/ℓ. USEPA stated that the change in significant digits for the standard clarifies that an arsenic content as high as 0.0149 is not acceptable, as was allowed under the standard of 0.01 mg/ℓ. USEPA adopted the revised arsenic standard on January 22, 2001 (at 66 Fed. Reg. 6976). It becomes effective on January 23, 2006. Persons interested in the details of the federal amendments should consult the Federal Register notice of March 25, 2003.
 
The Board incorporated the March 25, 2003 federal amendments into the Illinois drinking water regulations by revision of the arsenic MCL. The Board was able to make this simple federal correction without deviation from the text of the federal amendments.
 
The Board requests public comment on the March 25, 2003 federal corrections to the arsenic MCL.
 



General Revisions and Deviations from the Federal Text
 

In incorporating the federal rules into the Illinois system, some 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 in the text during these routine update 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 USEPA 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, 2003 edition. Thus, we have updated all citations to the 2003 edition, 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. We 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 “must” for “shall”; 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,” “must” is used when an action is required by the rule, without regard to whether the action is required of the subject of the sentence or not. “Shall” is no longer used, since it is not used in everyday language. Thus, where a federal rule uses “shall,” the Board usually substitutes “must.” An exception to this would be that the Board renders such phrases as “no person shall” as “no person may.” This is a break from our former practice where “shall” was used when the subject of a sentence has a duty to do something. “Will” is used when the Board obliges itself to do something. “May” is used when choice of a provision is optional, with the exception of proscriptive use of may as indicated in the above example. “Or” is used rather than “and/or,” and denotes “one or both.” “Either . . . or” denotes “one but not both.” “And” denotes “both.”
 
The Joint Committee on Administrative Rules (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, Resource Conservation and Recovery Act (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.” We will continue this conversion in future rulemakings, as additional sections become open to amendment. We will further convert “EPA” used in federal text to “USEPA,” where USEPA is clearly intended.
 
The Board has assembled tables to aid in the 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 beginning at page 7 of this opinion. There is no further discussion of most of the deviations and revisions elsewhere in this opinion.
 



Agency or Board Action
 

Section 7.2(a)(5) of the Act requires the Board to specify portions of the program USEPA over which will retain decision making authority. Based on the general division of functions within the Act and other Illinois statutes, the Board is also to specify which State agency is to make decisions.
 
In situations in which the Board has determined that USEPA will retain decision-making authority, the Board has replaced “Regional Administrator” with USEPA, so as to avoid specifying which office within USEPA is to make a decision.
 
In some identical-in-substance rules, certain decisions pertaining to a permit application are not appropriate for the Agency to consider. In determining the general division of authority between the Agency and the Board, the following factors should be considered:
 

    
1. Whether the person making the decision is applying a Board regulation, or taking action contrary to a Board regulation--i.e., the decision is effectively granting relief from a Board regulation. It generally takes some form of Board action to grant relief from a Board regulation.
2. Whether there is a clear standard for action such that the Board can give meaningful review to an Agency decision.
3. Whether the action would result in exemption from the permit requirement itself. If so, Board action is generally required.
4. 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.

There are four common classes of Board decisions: variance, adjusted standard, site-specific rulemaking, and enforcement. The first three are methods by which a regulation can be temporarily postponed (variance) or adjusted to meet specific situations (adjusted standard or site-specific rulemaking). There often are differences in the nomenclature for these decisions between the USEPA and Board regulations.
 



Discussion of Corrective Amendments
 

The Board has traditionally used the occasion of these identical-in-substance updates to correct segments of the base text of the Illinois regulations. The Board has added to this proceeding a number of corrective amendments to sections of the rules not affected by the underlying federal amendments. These corrections are nearly exclusively non-substantive in effect.
 
When a necessary minor correction comes to the attention of the Board, Board staff makes a note of the correction, and it is set aside until the next opportunity to make the correction. The next opportunity generally presents itself when the section involved is next opened for amendment as a result of amendments to the corresponding federal text. Over the last few years, the Board has cataloged many changes, but the pace of completing the corrections has been slow, since only a limited number of all the sections involved in the wastewater pretreatment regulations have been the subject of federal amendments. At the rate at which the Board has been able to make the corrections while restricting attention to opened Sections of the regulations, the Board might never be able to complete the corrections.
 
The Board is including a number of corrections in this docket. JCAR brought some of the corrections to the attention of the Board. The JCAR-suggested corrections are exclusively non-substantive, and include such things as corrections to spelling, punctuation, typeface, etc. Others of the corrections involve the deletion of past effective dates and obsolete provisions. Some of the effective dates will become past between the date of this order and when the Board intends to file the adopted amendments in February 2004. The overall length of the text of Part 611 involved in this proceeding is slightly more than 250 pages. The Board has reviewed the text of Part 611 in its entirety, and the proposal for public comment includes all corrections that came to the attention of the Board. In the future, as time allows, the Board will open other Parts of Subtitle F relating to drinking water for corrections if federally derived amendments prompt such action.
 
The Board will not discuss particular corrective amendments in this segment of this discussion. The corrections are each itemized in the table that begins in the next section of this opinion. The Board requests that the Agency, JCAR, and the regulated community review the table and the text of the corrections. The Board requests comment on the corrections. The Board also asks for the assistance of the Agency, JCAR, and the regulated community in this process; the Board requests that they submit suggestions for correction of any errors of which they are aware. The Board will catalog any suggestions relating to parts and sections not already involved in this proceeding for future use.
 



Discussion of Miscellaneous Housekeeping Amendments
 

The table below lists numerous corrections and amendments that are not based on current federal amendments. The table (beginning immediately below) includes corrections and clarifications that the Board made in the base text involved in this proposal. The amendments listed in this table are not directly derived from the current federal amendments. Some of the entries in this table are discussed further in appropriate segments of the general discussion beginning at page 3 of this opinion.
 



Table:



Board Housekeeping Amendments
 
Section Source Revision(s)
611 table of contents, 611.331 heading Board Added in parentheses “(Repealed)”
611 table of contents, 611.631 heading Board Added in parentheses “(Repealed)”
611 table of contents, 611.658 heading Board Added in parentheses “(Repealed)”
611 table of contents, 611.680 heading Board Added in parentheses “(Repealed)”
611 table of contents, 611.683 heading Board Added in parentheses “(Repealed)”
611 table of contents, 611.684 heading Board Added in parentheses “(Repealed)”
611 table of contents, 611.685 heading Board Added in parentheses “(Repealed)”
611 table of contents, 611.686 heading Board Added in parentheses “(Repealed)”
611 table of contents, 611.687 heading Board Added in parentheses “(Repealed)”
611 table of contents, 611.688 heading Board Added in parentheses “(Repealed)”
611.101 “approved source of bottled water” Board Changed “Section 611.130(e)(4)” to “Section 611.130(d)(4)”
611.101 “approved source of bottled water” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.101 “CT99.9” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.101 “GWS” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.101 “inactivation ratio” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.101 “inorganic contaminants” Board Added the missing reference to “arsenic”
611.101 “inorganic contaminants” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.101 “MFL” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.101 “mixed system” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.101 “radioactive contaminants” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.101 “reliably and consistently” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.101 “special irrigation district” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.101 “SWS” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.101 “wellhead protection program” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.101 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.102(a) “Mem­brane Filter . . . Agar” JCAR Changed italic “Escherichia coli” to “Escherichia coli”
611.102(a) “Readycult Coliforms . . . Test” JCAR Changed italic “Escherichia coli” to “Escherichia coli”
611.102(b) “Advanced Polymer Systems” Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.102(b) “Bran & Luebbe” Board Updated the citation to the Code of Federal Regulations to the most recent edition (twice)
611.102(b) “EM Science” “Chromocult Coliform . . . Waters” JCAR, Board Changed italic “Escherichia coli” to “Escherichia coli”; moved the comma inside the closing quotation mark after “Waters”
611.102(b) “EM Science” “Readycult Coliform . . . Waters” JCAR, Board Changed italic “Escherichia coli” to “Escherichia coli”; moved the comma inside the closing quotation mark after “Waters”
611.102(b) “ERDA Health and Safety Laboratory” Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.102(b) “Lachat Instruments” JCAR, Board Moved the comma inside the closing quotation mark after “analysis”
611.102(b) “NTIS” “Kelada . . . Thiocyanate” JCAR, Board Moved the comma inside the closing quotation mark after “Waters”; corrected the spelling of “Kaleda” to “Kelada”
611.102(b) “NTIS” “Technical Notes on . . . Methods” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.102(c) Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.110(e)(2)(E) Board Removed “and unregulated . . . 611.648)”
611.110(g) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition (five times)
611.125 Board Placed commas before and after “reported as F” to offset it as a parenthetical; changed “mg/1” to “mg/ℓ”
611.126(a) Board Removed the past effective date “after June 19, 1986”
611.126 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.130(a) Board Removed the obsolete provision of former subsection (a); renumbered former subsection (b) to subsection (a)
611.130(a) Board note Board Changed “subsection (b)” to “subsection (a)”; updated the citation to the Code of Federal Regulations to the most recent edition
611.130(b) Board Renumbered former subsection (c) to subsection (b)
611.130(b) Board note Board Changed “subsection (c)” to “subsection (b)”; updated the citation to the Code of Federal Regulations to the most recent edition
611.130(c) Board Renumbered former subsection (d) to subsection (c)
611.130(c) Board note Board Changed “subsection (d)” to “subsection (c)”; updated the citation to the Code of Federal Regulations to the most recent edition
611.130(d) Board Renumbered former subsection (e) to subsection (d)
611.130(d) Board note Board Changed “subsection (e)” to “subsection (d)”; updated the citation to the Code of Federal Regulations to the most recent edition
611.130(e) Board Renumbered former subsection (f) to subsection (e)
611.130(e) Board note Board Changed “subsection (f)” to “subsection (e)”; updated the citation to the Code of Federal Regulations to the most recent edition
611.130(f) Board Renumbered former subsection (g) to subsection (f); removed the parenthetical past effective date “(effective December 8, 2003)”
611.130(f) Board note Board Changed “subsection (g)” to “subsection (f)”; updated the citation to the Code of Federal Regulations to the most recent edition
611.211(b) Board Corrected “site specific” to hyphenated “site-specific”
611.211(b)(6) Board Removed the obsolete provision of former subsection (b)(6)
611.211 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition; placed the edition date in parentheses
611.211 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.230(a) Board Removed the obsolete parenthetical reference “and is subject . . . December 30, 1991” and its offsetting comma
611.230(b) Board Removed the obsolete parenthetical reference “or December 30, 1991, whichever is later” and its offsetting comma
611.230(c) Board Changed “determines” to past-tense “determined”; changed “must meet” to past-tense “must have met”
611.230(d) Board Removed the obsolete parenthetical reference “or after June 29, 1993, whichever is later” and its offsetting comma
611.230 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.232(f) Board Removed “MCL”; removed the obsolete “the supplier must . . . until December 31, 2001”; removed the obsolete parenthetical “after December 31, 2001” and the offsetting comma
611.232 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.240(e) Board Changed “must have” to past-tense “must have provided”
611.240(f) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.241(a) JCAR, Board Changed “values” to singular “value” (twice)
611.241 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.242(c)(1) Board, JCAR Changed the ending period to a semicolon to separate the variable definitions (three times)
611.242 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.250 preamble Board Changed “must provide” to past-tense “must have provided”
611.250 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.276(b) Board Changed “must notify” to past-tense “must have notified”
611.276 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.290(c) Board Changed “611.130(e)” to “611.130(d)”
611.290 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.301(d) preamble Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.301(c) “mercury” Board Removed the parenthetical symbol “(≤)”; changed the symbol “≤” with written “less than or equal to” (twice)
611.301(d) note 3 JCAR Removed the second appearance of the duplicate note
611.301 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.310 preamble Board Removed the definite article “the” from before “MCLs”; added the statement “they are additional State requirements”; removed the statement “compliance with the MCL . . . pursuant to Subpart P of this Part”; removed the table column headed “additional state requirement”; removed the subsection designations and subsection Board notes; removed the obsolete entry for “TTHM”; combined all remaining entries into a single table
611.310 Board note Board Added an explanatory Board note
611.311(a) preamble Board Removed the unnecessary statement “the MCLs . . . effective January 17, 1994”
611.311(c) preamble Board Removed the unnecessary statement “the MCLs . . . effective January 17, 1994”
611.311 Board note Board, JCAR Added an explanatory Board note, corrected “C.F.R.” to “CFR”
611.330(d) Board Removed the obsolete parenthetical “effective December 8, 2003” and its offsetting comma
611.330(e) Board Removed the obsolete parenthetical “effective December 8, 2003” and its offsetting comma
611.330(f) Board Removed the obsolete parenthetical “effective December 8, 2003” and its offsetting comma; removed the obsolete parenthetical “beginning December 8, 2003” and its offsetting comma; removed the obsolete statement “compliance . . . before December 8, 2003”
611.330 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.331 heading Board Added in parentheses “(Repealed)”
611.331 Board Repealed the obsolete provision
611.351(b) JCAR Corrected the spelling “criteriaspecified” to “criteria specified”
611.351(b)(3)(B) JCAR Changed “must complete” to past-tense “must have completed”
611.351(d)(1) Board Changed “must conduct” to past-tense “must have conducted”
611.351(d)(2) Board Changed “must complete” to past-tense “must have completed”
611.351(d)(3) Board Changed “must approve” to past-tense “must have approved”
611.351(d)(4) Board Changed “must install” to past-tense “must have installed”
611.351(d)(5) Board Changed “must complete” to past-tense “must have completed”
611.351(d)(6) Board Changed “must review” to past-tense “must have reviewed”
611.351 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.354(b)(3) JCAR Corrected the spelling of “regardi-ng” to “regarding”
611.354(d)(1)(D) Board Moved the ending period inside the closing quotation mark after “time”
611.354 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.356(a)(3)(A) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.356(a)(3)(B) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.356(a)(3)(C) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.356(a)(3)(D) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.356(a)(3)(E) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.356(a)(4)(A)(i) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.356(a)(4)(A)(ii) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.356(a)(4)(A)(iii) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.356(a)(4)(A)(iv) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.356(a)(4)(B)(i) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.356(a)(4)(B)(ii) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.356(a)(4)(B)(iii) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.356(a)(4)(C) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.356(d)(2)(A) Board Changed “must monitor” to past-tense “must have monitored”; changed “the date . . . 611.351(d)(5)” to “January 1, 1998”
611.356(d)(2)(B) Board Changed “must monitor” to past-tense “must have monitored”; changed “the date . . . 611.351(e)(6)” to “36 months after . . . 611.351(e)(6)”
611.356(d)(2)(C) Board Changed “must monitor” to past-tense “must have monitored”; changed “the date . . . 611.353(a)(4)” to “36 months after . . . 611.353(a)(4)”
611.356(d)(4)(D) Board Added a comma before "unless the Agency . . ." to offset a parenthetical
611.356(d)(4)(H) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.356 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.358(c) Board Changed “the deadline . . . 611.353(a)(4)” to “36 months after . . . 611.353(a)(4)”
611.358 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.360(a)(2)(A) Board Changed “commences after April 11, 2000” to past-tense “commenced after April 11, 2000”
611.360 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.600 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition (twice)
611.601(d)(2) Board Removed the obsolete parenthetical past effective date “(effective February 22, 2002)”
611.601 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.609(a) Board Removed the obsolete parenthetical past effective date “(effective January 22, 2004)”; removed the obsolete parenthetical past effective date “effective January 22, 2004” and the offsetting comma
611.609(b) Board Removed the obsolete parenthetical past effective date “(effective January 22, 2004)”; removed the obsolete parenthetical past effective date “effective January 22, 2004” and the offsetting comma
611.609 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.611(a)(12)(E) JCAR Corrected the spelling of “Kaleda” to “Kelada”
611.611(b) Board Removed the obsolete parenthetical past effective date “(effective January 22, 2004)”
611.611(b)(1)(C) Board Changed numeric “6” to written “six”
611.611(b)(2)(C) Board Changed numeric “6” to written “six”
611.611(b)(4)(C) Board Changed numeric “6” to written “six”
611.611 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.631 heading Board Added in parentheses “(Repealed)”
611.631 Board Repealed the obsolete provision
611.640 “old MCL” Board Removed the obsolete statement “and those . . . TTHM”
611.640 “old MCL” Board note Board Moved the ending period inside the closing quotation mark after “SOCs”
611.640 “Phase II SOCs” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.640 “Phase IIB SOCs” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.640 “Phase V SOCs” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.640 “Phase I VOCs” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.640 “Phase II VOCs” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.640 “Phase V VOCs” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.645 preamble Board Changed “old organic MCLs” to the defined term “old MCLs”
611.645 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.646(a) Board Corrected the indent level of the definitions (three times); removed the blank line that separated the Board note from its associated definition (twice)
611.646(a) “detection limit” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.646(a) “method detection limit” Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.646(c) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.646(g) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.646(j) JCAR, Board Corrected “mixedsystem” to hyphenated “mixed-system”
611.646(j) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition (twice)
611.646(o) Board Removed the obsolete parenthetical past effective date “effective January 22, 2004” and the offsetting comma
611.646(o)(1) Board Removed the obsolete parenthetical past effective date “effective January 22, 2004” and the offsetting comma
611.646(o)(2) Board Removed the obsolete parenthetical past effective date “effective January 22, 2004” and the offsetting comma
611.646(o)(3) Board Removed the obsolete parenthetical past effective date “effective January 22, 2004” and the offsetting comma
611.646(o)(4) Board Removed the obsolete parenthetical past effective date “effective January 22, 2004” and the offsetting comma
611.646(o)(5) Board Removed the obsolete parenthetical past effective date “effective January 22, 2004” and the offsetting comma
611.646(o)(6) Board Removed the obsolete provision
611.646(o)(7) Board Removed the obsolete provision
611.646(r) Board Replaced the obsolete provision with an explanatory statement
611.646 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.648(c) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.648(k) Board Removed the obsolete parenthetical past effective date “effective January 22, 2004” and the offsetting comma
611.648(k)(1) Board Removed the obsolete parenthetical past effective date “effective January 22, 2004” and the offsetting comma
611.648(k)(2) Board Removed the obsolete parenthetical past effective date “effective January 22, 2004” and the offsetting comma
611.648(k)(3) Board Removed the obsolete parenthetical past effective date “effective January 22, 2004” and the offsetting comma
611.648(k)(4) Board Removed the obsolete parenthetical past effective date “effective January 22, 2004” and the offsetting comma
611.648(k)(5) Board Removed the obsolete parenthetical past effective date “effective January 22, 2004” and the offsetting comma
611.648(k)(6) Board Removed the obsolete provision
611.648(k)(7) Board Removed the obsolete provision
611.648(n) Board Replaced the obsolete provision with an explanatory statement
611.648 Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.658 heading Board Added in parentheses “(Repealed)”
611.658 Board Repealed the obsolete provision
611.680 heading Board Added in parentheses “(Repealed)”
611.680 Board Repealed the obsolete provision
611.683 heading Board Added in parentheses “(Repealed)”
611.683 Board Repealed the obsolete provision
611.684 heading Board Added in parentheses “(Repealed)”
611.684 Board Repealed the obsolete provision
611.685 heading Board Added in parentheses “(Repealed)”
611.685 Board Repealed the obsolete provision
611.686 heading Board Added in parentheses “(Repealed)”
611.686 Board Repealed the obsolete provision
611.687 heading Board Added in parentheses “(Repealed)”
611.687 Board Repealed the obsolete provision
611.688 heading Board Added in parentheses “(Repealed)”
611.688 Board Repealed the obsolete provision
611.731(a) Board Removed the obsolete parenthetical past effective date “effective December 8, 2003” and the offsetting comma
611.731(b) Board Removed the obsolete parenthetical past effective date “effective December 8, 2003” and the offsetting comma
611.731(c) Board Removed the obsolete parenthetical past effective date “effective December 8, 2003” and the offsetting comma
611.731(d) Board Removed the obsolete parenthetical past effective date “effective December 8, 2003” and the offsetting comma
611.731(e) Board Removed the obsolete parenthetical past effective date “effective December 8, 2003” and the offsetting comma
611.731(f) Board Removed the obsolete provision
611.731(g) Board Removed the obsolete provision
611.731(h) Board Removed the obsolete provision
611.731(i) Board Removed the obsolete provision
611.731 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition; removed the obsolete statement “subsections (f) . . . until December 8, 2003”
611.732(a) Board Removed the obsolete parenthetical past effective date “effective December 8, 2003” and the offsetting comma
611.732(b) Board Removed the obsolete parenthetical past effective date “effective December 8, 2003” and the offsetting comma
611.732(c) Board Removed the obsolete parenthetical past effective date “effective December 8, 2003” and the offsetting comma
611.732(d) Board Removed the obsolete parenthetical past effective date “effective December 8, 2003” and the offsetting comma
611.732(e) Board Removed the obsolete parenthetical past effective date “effective December 8, 2003” and the offsetting comma
611.732(f) Board Removed the obsolete parenthetical past effective date “effective December 8, 2003” and the offsetting comma
611.732(g) Board Removed the obsolete provision
611.732(h) Board Removed the obsolete provision
611.732(i) Board Removed the obsolete provision
611.732(j) Board Removed the obsolete provision
611.732(k) Board Removed the obsolete provision
611.732 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition; removed the obsolete statement “subsections (f) . . . until December 8, 2003”
611.733 preamble Board Removed the obsolete effective date statement “the following . . . December 8, 2003”
611.733 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.742(a)(1)(B) Board Changed the reference to the repealed provision “611.680” to “former 611.680”
611.742(a)(1)(C) Board Changed the reference to the repealed provision “611.680” to “former 611.680”
611.742(a)(2)(B) Board Changed the reference to the repealed provision “611.680” to “former 611.680”; changed the reference to the repealed provision “611.685” to “former 611.685”
611.742(a)(2)(C) Board Changed “has not collected” to past-tense “had not collected”
611.742(a)(2)(C)(i) Board Changed the reference to the repealed provision “611.680” to “former 611.680”; changed the reference to the repealed provision “611.685” to “former 611.685”
611.742(a)(5)(A) Board Changed the reference to the repealed provision “611.685” to “former 611.685”
611.742(a)(5)(B) Board Changed the reference to the repealed provision “611.685” to “former 611.685”
611.742(a)(6) Board Changed symbolic “ ³ “ to written “greater than or equal to” (twice)
611.742 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.882(c)(1) Board Removed the obsolete past effective date to change “no later than April 1, 2000, and . . . annually thereafter” to “no later than by April 1 annually”
611.882 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.883(d)(4)(D) Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.883(f)(3) JCAR Changed “Sections . . . or 611.354” to singular “Section . . . or 611.354”
611.883 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.884(e) Board Changed the reference to the repealed provision “611.680” to “former 611.680”
611.884 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.954 Board note JCAR, Board Added “from” after “derived”; updated the citation to the Code of Federal Regulations to the most recent edition
611.957(a)(3) Board Removed the parenthetical “as follows” and the offsetting comma; changed the ending colon to a period; removed the two obsolete subsections that differentiated system size for the purposes of a past effective date “January 1, 2004”
611.957 Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.Appendix A “total coliform bacteria” Board, JCAR Added the missing words “collects 40” before “or more”; changed “sample” to plural “samples”
611.Appendix A Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.Appendix F, ¶ 4 Board Removed obsolete footnote marking “11”; removed obsolete footnote marking “12”
611.Appendix G, ¶ 1 Board Removed obsolete footnote marking “14”; removed the obsolete reference to repealed “611.680”; removed the obsolete reference to repealed “611.688”
611.Appendix G, note 7 Board Removed the obsolete explanation of past effective dates “most of the requirements . . . 10,000 persons”; removed the obsolete explanation of past effective dates “However, . . . currently effective”; removed the obsolete past effective date statement “even after 2002”
611.Appendix G, note 11 Board Replaced the obsolete note explaining a past effective date with an explanatory statement
611.Appendix G, note 12 Board Replaced the obsolete note explaining a past effective date with an explanatory statement
611.Appendix G, note 13 Board Removed the obsolete explanation of past effective dates “that serves . . . or more”; removed the obsolete explanation of past effective dates “all other . . . January 1, 2004”; replaced the obsolete past effective date statement “must comply . . . MRDL” with the conjunction “or” to unite effectiveness statements; removed the obsolete past effective dates reference “beginning January 1, 2004”
611.Appendix G, note 14 Board Replaced the obsolete note explaining a past effective date with an explanatory statement
611.Appendix G Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.Appendix G Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.Appendix H, ¶ 79 Board Removed obsolete footnote marking “17”
611.Appendix H, ¶ 80 Board Removed the obsolete MCL “0.10”; removed the unnecessary virgule “/”; removed the obsolete footnote marking “19”
611.Appendix H, note 17 Board Replaced the obsolete note explaining a past effective date with an explanatory statement
611.Appendix H, note 19 Board Replaced the obsolete note explaining a past effective date with an explanatory statement
611.Appendix H Board note Board Updated the citation to the Code of Federal Regulations to the most recent edition
611.Table Z preamble Board Changed “the federal MCLs” to “the various federal NPDWRs”
611.Table Z “Consumer Confidence . . .” Board Added entry for federal rule
611.Table Z “Interim Enhanced . . .” Board Added entry for federal rule
611.Table Z “Public Notification Rule” Board Added entry for federal rule
611.Table Z “Public Notification Rule” Board Added entry for federal rule
611.Table Z “Disin­fection/Disinfectant . . .” Board Changed “Disinfection/disinfectant byproducts” to capitalized “Disinfection/Disinfectant Byproducts Rule”; changed “141.64 & 141.65” to “141.64, 141.65 & 141, Subpart L”
611.Table Z “Long Term 1 . . .” Board Added entry for federal rule

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board adopted the above opinion on December 18, 2003, by a vote of 5-0.

Dorothy M. Gunn, Clerk
Illinois Pollution Control Board

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