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:
2
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.
3
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.
4
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
5
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
6
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)”
7
Section
Source
Revision(s)
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 “CT
99.9
”
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
8
Section
Source
Revision(s)
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) “Mem-
brane 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)
9
Section
Source
Revision(s)
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
10
Section
Source
Revision(s)
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
11
Section
Source
Revision(s)
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”
12
Section
Source
Revision(s)
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)”
13
Section
Source
Revision(s)
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”
14
Section
Source
Revision(s)
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
15
Section
Source
Revision(s)
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)”
16
Section
Source
Revision(s)
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
17
Section
Source
Revision(s)
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 “≥“ 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
18
Section
Source
Revision(s)
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”
19
Section
Source
Revision(s)
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 “Disin-
fection/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
