BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
)
N
THE MATTER OF:
)
REVISIONS TO RADIUM WATER QUALITY
STANDARDS:
PROPOSED NEW 35111. Adm.
Code 302.307 AND AMENDMENTS TO
35 Iii. Adm. Code
302.207 and
302.525
)
NOTICE OF FILING
Dorothy
M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100
West Randolph Street, Suite.
11-500
Chicago, Illinois
60601
Matthew
Dunn
Illinois Attorney General’s Office
Enviromnental Control Division
James R.
Thompson Center,
188 West Randolph Street
Chicago, Illinois
60601
Illinois Department ofNatural Resources
Attention:
Legal Department
1
Natural Resources Way
Springfield, Illinois
62702
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE
OF ILLINOIS
~
Deborah J.
Willi
Assistant Counsel
Division of Legal
Counsel
•R 04-
C)
?~
)
(Rulemaking-Water)
1AN
1 ~
PLEASE
TAKE
NOTICE
that I
have today filedwith the Office ofthe Clerkofthe Pollution Control
Board the REGULATORY
PROPOSAL OF THE ILLINOIS
ENVIRONMENTAL PROTECTION
AGENCY, a copy of which is herewith served upon
you.
DATED:
January
13, 2004
Illinois
Environmental Protection Agency
1021
North Grand Avenue
East
Post Office Box 19276
Springfield, Illinois
62794-9276
(217) 782-5544
THIS FILING IS
SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
)
IN THE
MATTER OF:
)
-
)
R04-2_)
REVISIONS TO RADIUM WATER QUALITY
)
(Rulemaking-Water)
STANDARDS:
PROPOSED NEW 35111. Adm.
)
Code 302.307 AND AMENDMENTS TO
)
35
Ill. Adm.
Code
3 02.207 and
3
02.525
)
)
STATEMENT OF REASONS
The Illinois Environmental Protection Agency (“Illinois EPA”) hereby submits its
Statement of Reasons for the above-captioned proceeding to
the Illinois Pollution Control
Board
(“Board”)
pursuant
to
Section
27
of the
Illinois
Environmental
Protection
Act
(“Act”), 415 ILCS
5/27 (2002), and 35 Ill.
Adm.
Code
102.200 and
102.202.
I.
STATUTORY BASIS
This
is a regulatory proposal of general applicability pursuant to
Sections 27 and
28
ofthe Act.
415 ILCS
5/27
and 28.
It is not being proposed as an identical in
substance, fast track or federally required rulemaking.
In addition, this proposal is being
filed as a general (rather than emergency or peremptory) rulemaking pursuant to Section
5-40 of the Illinois Administrative Procedure Act.
5
ILCS
100/5-40.
Section 27 of the
Act confers general substantive rulemaking authority upon the Board
and the contents of
this regulatory proposal are within these general rulemaking powers ofthe Board.
Pursuant to Section
303 ofthe Clean Water Act, it is the primary responsibility of the
States to set water quality standards for intrastate waters and
submit changes to those
standards to the United States Environmental Protection Agency (“U.S. EPA”) for
approval.
33 U.S.C.
§13 13.
St~ction13(a) ofthe Act specifies the rulemaking authority
ofthe Board to adopt regulations which prescribe “Water quality standards
specifying,
among other things, the maximum short-term and long-term concentrations of various
contaminants in the waters, and the minimum permissible
concentrations ofdissolved
oxygen and other desirable matter in the waters, and the temperature of such waters.”
414
ILCS
5/13(a)(1).
II.
REGULATORY PROPOSAL
A.
Purpose and Effect of Regulatory Proposal
1.
Background:
Radium 226 and
Radium 228
Radium
is a naturally occurring
radioactive metal that exists in several isotopes.
Radium forms when two other radioactive metals, uranium
and thorium,
decay.
These
substances are naturally found in rocks and therefore radium is ubiquitous in the
environment.
Radium
is usually measured in picocuries per liter (“pCi/L”).
A picocurie
is a very small amount of radioactivity.
One picocurie is associated with about one
trillionth of a gram of radium.
Radium 226
emits alpha radiation and radium 228 emits
beta radiation.
The half-life of radium
226
is
1,600 years while radium 228
has
a half-life
of
5.7 years.
There are two other natural isotopes of radium that have half-lives ofjust a
few days.
Radium may exist in small Illinois streams below sewage treatment plants serving
communities that utilize high radium groundwater as drinking water at levels exceeding
the existing general use water quality standard of
1
pCi/L.
Discharges to larger streams
generally receive sufficient dilution to meet the standard.
Recent
stream
concentrations
2
measured in the
Fox
River were
under
1
pCiIL.
The Fox River flows through a region of
the State where many communities depend on high radium groundwater, illustrating that
ambient river water is very low in radium and that the overall effect of dischargers is
minor.
The vast majority ofIllinois community water supply facilities with high
concentrations ofradionuclides in their source water (all groundwater)
are located in the
northern halfof the State ofIllinois and
in a region that stretches from Henderson County
in the west to
Cook and Lake Counties
in the northeast.
Sewage treatment plant
discharges to very small streams where no dilution water is present have the potential to
contain as much as
5
to
10 pCi/L depending on concentrations in the groundwater and
efficiency oftreatment in removing radium to the sewage sludge.
2.
History ofthe Existing General Use and Lake Michigan Basin
Water Quality Standards
The General Use water quality standard for radium 226
(35
Iii.
Adm. Code
302.207) is
1 pCi/L
and was adopted by the Board in the initial set ofBoard regulations
in
1972.
See,
R71-l4.
An identical standard appeared in
the regulations for the Lake
Michigan Basin in 1997 due to a change
in the format of how Lake Michigan standards
were presented.
This
standard has been continuously applicable in Lake Michigan since
1972, however.
The Board’s 1972 opinion accompanying adoption ofthe radium
standard mentioned that the new regulation “retains existing radioactivity levels” which
implies that this standard existed prior to
1972 in the Sanitary Water Board (the precursor
to the Agency and
Board) regulations.
A justification document that appears to have
accompanied the rulemaking also simply says that the radioactivity standards “retains
existing radioactivity levels.”
The Illinois EPA now believes that the Board’s 1972
3
radium 226 standard did not preserve a then existing state standard but rather was derived
from a federal suggested value current at that time.
The Illinois Sanitary Water Board had numerous regional water quality standards
in place by
1966 and these included either a radium 226 standard or an “alpha omitters”
(sic) standard depending on the region.
This may have been due to the fact that standards
for interstate waters reflected the neighboring state’s preference,
some choosing to
regulate radium 226 and some alpha emitters.
The numeric value was the same for either
parameter and for all regions,
3 pCi/L.
The category under which this standard was
found was Public Water Supply intakes and it was noted that this category ofstandards
was to protect “river quality at the point at which water is withdrawn for treatment.”
This
is
consistent with the intent underlying the Public and Food Processing Water Supply
Standards waters
(35 Ill.Adm.Code Part 302, Subpart
C) in the current Board regulations.
It is also
interesting to note that the standard for strontium
90 was
10 pCi/L
and gross
beta concentration was 1,000 pCi/L
in these Sanitary Water Board standards.’
Looking to the origin ofthe Sanitary Water Board’s standards, a federal source
called the Public Health Service Drinking Water Standards
1962 (US Dept of Health,
1962)
is implicated.
In the
1962 document, finished drinking water standards are given;
3
pCi/L for radium 226,
10 pCi/L for strontium
90 and
1,000 pCi/L for gross beta
radiation.
These are the exact values adoptedby the Sanitary Water Board for rawwater
to
be used as public water supply.
In a later federal source, the Green Book (Report ofthe Committee on Water
Quality Criteria. April
1,
1968) a table is given in the section on public water supply
1
The
existing General Use water quality standards for strontium
90
and gross beta are 2
pCii’L and 100 pCi/L respectively (35 Ill. Adm.
Code 302.207).
4
standards which gives two values for each parameter, a ‘permissible’ value and a
‘desirable’ value.
The permissible value
is
3 pCi/L for radium 226 while the desirable
value is
1
pCi/L.
For strontium 90 these values are
10 and 2
and for gross beta 1,000
and 100
pCi/L, respectively.
The Green Book cites the 1962 Public Health Service
document as the source ofits
‘permissible’ criteria but it seems that the ‘desirable’
criteria are its
own invention.
The Green Book specifically states that these values apply
not to finished water but “can be used in
setting standards for raw water quality only,”
which implies that these were intended to be point ofintake standards.
Taking a finished
water standard and applying it as a rawwater standard adds conservatism since any
treatment provided by the public water supply would reduce concentrations.
It appears
that the Green Book took this liberty with the 1962 drinking water standards.
The Green Book appears to
be the source for the Board’s General Use water
quality standards of 1972.
The Sanitary Water Board adopted its standards before
publication of the Green Book and interpreted the
1962 Public Health Service values as
point of intake standards for public
water supplies.
The Board
apparently changed two
things:
making these standards general in applicability and taking the more stringent
Green Book
‘desirable’ value as the standard, simply dropping the
““
sign.
The record
indicating that the Board said it “preserved the existing standard” may therefore mean
that it was the
1968 Green Book “desirable” recommendation rather than the standard
applicable to Illinois at that time
(Sanitary Water Board) that was being preserved.
It
seems certain that the ultimate origin ofthe Sanitary Water Board’s radioactivity water
quality standards was the federal Public Health Service documents of 1962 while the
Board’s source was the Green Book.
For reasons of concentration (1 instead of 3 pCiIL)
5
and applicability (General Use instead ofPublic and Food Processing Water Supply), the
present radium standard, and the radioactivity standards
in general, are more conservative
than intended by the original source.
The current United States Environmental Protection Agency (“U.S. EPA”)
finished drinking water Maximum Contaminant Level (“MCL”) for radium 226 plus
radium 228
is
5
pCi/L.
This standard was first adopted in 1976, was proposed for
revision upward to
20 pCi/L
in
1991
but then in 2000 it was determined that the original
5
pCi/L should remain the MCL standard.
See, 65
FR 76707 (December 7, 2000).
This
standard is based on the fact that radium is a carcinogen.
Persons drinking water over a
lifetime will theoretically be protected from cancer at an acceptable risk level
(1
~6
to
10~)if the concentration ofradium in drinking water is
less than or equal to
5
pCi/L.
Since the MCL
is a finished water standard, this makes the previous federal standard of 3
pCifL applicable at the point ofintake (raw water), upon which the Sanitary Water Board
standard was based,
very conservative.
Protecting nearly all
waters at
1 pCi/L (current
Board
general use water quality standard)
is excessively stringent.
This level of
protection is undocumented and unwarranted.
3.
Regulatory Language ofthe Proposal:
Proposed Radium 226 Plus
228 Public and Food Processing Water Supply Standard
The Illinois EPA is proposing to
make two changes to
the existing General Use
and
Lake Michigan Basin radium water quality standards.
First,
it is proposed that the
standard
be changed from
1
pCi/L to
5
pCiIL to correspond to the federal finished
drinking water MCL.
Second, it is proposed to change the standard from one ofgeneral
6
applicability to a Public and Food Processing Water Supply standard to
correspond to
the
use the standard has been designed to protect.
Proposed changes to 35 Ill. Adm.
Code 302.207 and 302.525 and a new Section
302.307 are presented and explained below.
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE C:
WATER POLLUTION
CHAPTER I:
POLLUTION CONTROL BOARD
PART 302
WATER QUALITY STANDARDS
SUBPART B:
GENERAL USE WATER QUALITY STANDARDS
Section 302.207
Radioactivity
a)
Gross beta (STORET number 03501) concentration shall not exceed 100
picocuries per liter (pCill).
b)
Concentration3 ofradium 226 (STORET number 09501) and ~Strontium90
(STORET number 13501) concentration shall not exceed
1
and 2 picocuries
per liter (pCi/1)re3pectively.
This
change to 35
Ill. Adm. Code 302.207
would eliminate the existing general
use water quality standard forradium 226, but retain the other existing radioactivity
standards for Gross beta and
Strontium 90.
SUBPART
C:
PUBLIC AND FOOD PROCESSING WATER SUPPLY STANDARDS
Section 302.307 Radium 226 and 228
Radium 226 and 228 (STORET number
11503) combined concentration shall not exceed
5
picocuries
per liter (pCi/L) at any time.
The addition ofthis
new Section 302.307 to Subpart C of 35 Ill. Adm. Code Part
302
would establish a new public and food processing water supply standard for Radium
7
226 and 228 combined.
This new standard corresponds to the MCL for finished water
established by U.S.
EPA which has a compliance date ofDecember 31, 2003.
SUBPART E:
LAKE MICHIGAN BASIN WATER QUALITY STANDARDS
Section 302.525
Radioactivity
Except as provided in Section
302.102, all waters ofthe Lake Michigan Basin must meet
the following concentrations in any sample:
a)
Gross beta (STORET number 03501) concentrations must not exceed 100
picocuries per liter (pCi/L).
b)
Concentrations of radium 226 (STORET number
09501)
and sStrontium
90 (STORET number 13501) concentration shall
not exceed
1
and 2
picocuries per liter (pCi/1)re~pectively.
This amendment to the Lake Michigan Basin water quality standards for
radioactivity would eliminate the existing water quality standard for radium 226 which
was taken from the General Use standards in the
1 990s when separate (and often more
stringent) Lake Michigan Basin water quality standards were
adopted.
The existing
radioactivity standards for Gross beta and Strontium
90 would be retained.
Lake
Michigan is a public water supply for many communities in the Chicago area.
Under the
proposed regulations, public water supply intakes on and from Lake Michigan will be
protected by the new radium 226 and 228 standard of
5
pCi/L, but will not have a
separate Lake Michigan Basin water quality standard for radium.
These changes to the General Use and Lake Michigan Basin water quality
standards removes the radium standard and replaces it with a standard that protects
surface water intakes for raw drinking water at the established finished drinking water
MCL standard.
This change is protective of the sensitive designated use of Illinois
waters to radium and provides a framework in the regulations for a sensible approach to
8
radium in
surface
waters.
Under the proposal, radium will now be regulated as a
combination ofradium 226
and 228 at Public and Food Processing Water Supply intakes
at a concentration of
5
pCifL.
B.
Facts in Support
1.
Basis for Radium Public and Food Processing Supply Water
Quality Standards
Radium
is a recognized carcinogen and therefore
standards protecting sources of
drinking water are necessary and
important.
However, as far as may be determined, no
other uses ofwater are known to
be adversely impacted by radium.
The Illinois EPA
conducted a literature
search for radium impacts to aquatic life and found no
scientific
papers or other information on this subject.
Consultation with U.S. EPA Region V water
quality standards staff also found no indication that radium is anything but a threat to
human health via drinking water.
Other states regulate radium in a similar manner to that which proposed in the
instant regulatory proposal.
Oklahoma has a standard of
5
pCi/L at the point of intake for
public water supplies.
The Ohio River Sanitation Commission (“ORSANCO”) has a
water quality standard forthe Ohio River of4 pCi/L
applicable everywhere in the river
outside of mixing zones.
ORSANCO considers the entire river as a public water supply.
Indiana has an intake raw water standard of 3 pCi/L, which may be an artifact ofthe old
Green Book standard.
Several other states were contacted including California, Utah and
Arizona, Western states that have had hard rock mining issues.
Even these states have no
aquatic life water quality
standards for radium.
Illinois appears to be unique
in this
regard.
9
Removing the General Use and Lake Michigan standards and establishing
a
Public and Food Processing Water Supply standard at the federal MCL for radium 226
and 228 is protective ofall uses that may be impacted by radium.
Radium would then be
regulated in a
manner
similar to other substances that may be
problems in drinking water
yet do not have to
be regulated as stringently for other uses.
These substances are those
listed under 35 Ill.
Adm. Code 302.304.
For example, chloride is regulated at 250 mg/L
under Section 302.304
to protect drinking water intakes from excess salts.
There is no
reason to regulate General Use waters at this
low level since other uses ofwaters are
protected at higher chloride concentrations.
The existing General Use standard regulates
radium unnecessarily and, rather than serving some good purpose, does only harm in
causing
compliance issues at communities struggling with drinking water problems.
While there is no data for radium to indicate what the threshold concentration
would be to protect aquatic life, the Illinois EPA has concluded that it is much higher
than the
5
pCi/L
level given the lack ofconcern for this exposure route by the scientific
community, the extremely low mass per volume concentration that this standard
represents and the fact that barium, a much more common metal related chemically to
radium, is not toxic to aquatic life at the low part per million level (mg/L).
Presently, the
known sources of radium to the surface water environment are public
water supplies that
utilize high radium groundwater.
These are typically no higher in concentration than the
groundwater and usually somewhat lower.
Even direct discharges ofwastewater
resulting from treatment of high radium groundwater (should these ever occur) constitute
only about double the radium loading expected from a sewage treatment plant.
Other
types
ofdischarges are unknown.
Should a new source of radium be proposed, the
10
antidegradation standard would be imposed to require the new source to justify the
radium discharge, which would include studies oftreatment alternatives and steps to
minimize any necessary radium discharges.
The Illinois EPA has concluded from its
investigation into the scientific
information and the lack of concern in other states and at the federal level that drinking
water protection is the only beneficial use classification ofIllinois
streams and lakes that
warrants a radium standard.
This conclusion is based on concentrations existing or
expected to be realized in Illinois surface waters from either naturally occurring
conditions or those resulting from water treatment plant wastes ortheir affiliated publicly
owned treatment works (“POTWs”) in those parts ofthe state that rely on radium-
containing groundwater as their potable raw water source.
2.
Removing Radium from Drinking Water Supplies
On December 7, 2000, in the Federal Register entry referenced above, U.
S. EPA
finalized the revisions to the
1976 radionuclide regulations, which have since been
adopted by the Board on October 4, 2001
in docket ROl-20.
These regulations retained
the existing MCL of
5
pCifL for radium 226 and 228
combined and
15 pCi/L
for gross
alpha particle activity.
The rule will become effective on
December
8, 2003.
All community water systems that serve at least
15
service connections or 25
residents regularly, year-round, are required to meet these MCLs.
Over
100 community
water supplies in Illinois are impacted by these regulations, due to the presence of
radionuclides in their source water used for drinking at concentrations higher than the
MCL.
The radionuclides
found in Illinois wells are naturally occurring and
are found
primarily in
deep bedrock aquifers.
11
Community water supplies that exceed the MCL have three basic options to
lower
radium levels:
blending with an unaffected source of water, acquiring an alternative
source for drinking water, installing treatment for the source water.
Since radionuclides
are naturally occurring, there is no
guarantee that another well as an alternative will solve
the problem.
Ion exchange, reverse osmosis and lime softening are considered by USEPA
to be
the best available technology (“BAT”) for removal of radionuclides.
Small system
(less
than 10,000 people) compliance technologies additionally include~green
sand filtration,
hydrous manganese oxide filtration and
enhanced coagulation/filtration.
All ofthese
radionuclide removal technologies produce residual waste streams that must be
addressed.
Anywhere from five to twenty-five percent ofthe water obtained from well
sources and treated by one ofthe radium removal technologies ends up as wastewater
containing radionuclides removed from the source water.
Depending on the initial
groundwater concentration, removal efficiency in the wastewater treatment plant and
dilution available in the receiving stream, many affected communities have or will have
(once they implement a radium removal technology) a problem with violations ofthe
existing radium water quality standard as it applies to most ofthe waters of the state.
3.
Fate of Radium
in Publicly Owned Treatment Works
There is little published information available on the fate ofradium in POTWs.
Wisconsin probably has more experience with radium than any ofthe
states in Region V.
A
1985
report by the Wisconsin Department of Natural Resources studied five Wisconsin
communities with varying degrees of radium 226 and 228 in their wastewater.
This
report reached the following conclusions:
biological sludges, both fixed media and
12
suspended growth, adsorb soluble radium and insoluble radium is also removed in
wastewater treatment processes (either by physical settling or biological uptake).
All of
the communities studied had
either activated sludge or Rotating Biological Contactors
(“RBCs”).
Removals, based on comparing influent concentration to effluent
concentration, ranged from 29
to 97.
The Illinois EPA is aware ofonly one POTW in the State (Maple Park) that has
submitted radium sampling data.
The results ofthe one
sampling event showed a very
low influent concentration ofradium 226 (0.8 pCi/i) that was identical to the effluent
concentration.
Maple Park employs an aerated lagoon treatment system.
No real
conclusions can be drawn from these sampling results.
The Illinois EPA does not
currently require radium sampling of municipal sludge
except in cases where the Agency
is aware ofa specific concern.
There is one community that
is required to incorporate
(cover with soil) its
farm land applied sludge because ofradium contamination.
Determining whether a community is required to incorporate its sludge based on elevated
radium levels is determined pursuant to a Memorandum ofUnderstanding betweenthe
Illinois EPA and the Illinois Department ofNuclear Safety (now part ofthe Illinois
Emergency Management Agency).
For the purpose ofthis discussion it can be assumed that the fate ofbarium in a
sewage treatment plant is similar to that of radium.
Both are Group
IIA metals in the
Periodic Table that have similar chemical properties.
Sampling influent and effluent data
for barium does exist for some POTWs, especially those with approved pretreatment
programs.
The concentrations of barium at a sampling
ofthese POTWs were well below
the anticipated concentrations ofradium.
Removal efficiencies, based on influent versus
13
effluent sampling, ranged from 25
to
62.
Four ofthe five POTWs reviewed utilized
activated sludge processes and
one used trickling filters.
There did not appearto be a
correlation between the type oftreatment and the removal efficiency.
In summary, nearly all the radium pumped from the ground in drinking water
ends up in either sewage sludge or effluent.
A search ofdirect discharges ofwastewaters
from public water supplies (those systems that bypass sewage treatment plants or occur in
unsewered
communities) found that none ofthese exist at communities with radium
compliance problems in the groundwater.
Where high radium groundwater is
utilized,
radium in treated sewage effluent is expected at concentrations exceeding the existing
General Use standard.
When smaller streams serve as the receiving waters for these
effluents, the water quality standard is very likely exceeded.
The Illinois EPA has not
attempted to enforce these existing violations, preferring to see the water quality
standards changed to correctly regulate radium and thereby eliminate the violations.
C.
Technical Feasibility and Economic Justification
1.
Technical Feasibility
There are currently no treatment technologies that
specifically address the
treatment of high radium concentrations ofeffluents from POTWs.
As explained above,
existing treatment technologies appear to have an impact on reducing the radium level in
the influent being treated; however, it is very difficult to quantify the level of treatment
achieved.
The Illinois EPA’s proposal to change the water quality standards for radium
will focus the attention on limiting discharges that impact public drinking water supplies.
Sources that have high levels ofradium in the State of Illinois’ “radium belt” have high
levels ofradium in the water being extracted from groundwater wells and used as
14
drinking water that eventually reaches a POTW following its use.
In these communities,
since groundwater is the drinking water source rather than having a surface water intake,
it is not expected that sources will need to further address radium.
Ifa public drinking
water supply is impacted, dischargers will be required to
address how the level ofradium
in their effluent can be reduced to achieve the proposed limit of
5
pCi/L.
Since this
proposal increases the water quality standard from
1 pCi/L
to
5
pCi/L
and limits the
waters to which the standard applies from General Use Waters and Lake Michigan to
surface waters
being used as public drinking water supplies, no new technology is
expected to be required by this rulemaking.
2.
Economic Justification
This rulemaking is expected to have only a positive economic impact as it is both
increasing the water quality standard for radium 226 and 228 combined to
5
pCi/L as
well as limiting those waters to
which the standard applies.
This proposal will relieve a
regulatory burden from many existing wastewater treatment plants that may or may not
be
in compliance with the existing general use water quality standard.
As no additional
regulatory or treatment requirement is being established by this proposal, it will not have
a negative economic impact on any existing sources.
D.
Affected Facilities and
Outreach
This proposed change to the radium water quality standard primarily impacts two
types offacilities:
POTWs and public drinking water supplies.
In theory, this change
also impacts industrial
dischargers ofradium, but the Illinois EPA is not aware of any
industrial
dischargers that will be impacted by this rulemaking.
All POTWs that are
attached to public drinking water supplies that use high radium groundwater will benefit
15
from this regulation.
In addition, in the rare instance that a public
drinking water supply
is installing treatment technology to meet the radium MCL and
is directly discharging its
backwash to a water ofthe State, rather than to
a POTW, the facility may
be impacted by
this rulemaking.
On March 12, 2003, Illinois EPA staff that participated in the drafting ofthis
regulatory proposal met with members ofthe regulated community and interested
members of the public
to discuss the proposal, answer questions
and receive comments.
The list oforganizations invited to participate in the outreach meeting included:
Metropolitan Water Reclamation District ofGreater Chicago
Environmental Law & Policy Center
Illinois Association of Wastewater Agencies
Fox River Water Reclamation District
Sierra Club, Illinois Chapter
Illinois Municipal League
Illinois Environmental Regulatory Group
Prairie Rivers Network
Illinois Department ofNatural Resources
Illinois Department ofNuclear Safety
Illinois American Water Company
Illinois Section of the American Water Works Association
Illinois
Rural Water Association
Ofthe organizations and
agencies invited to attend the outreach meeting, the following
groups sent representatives to the meeting:
Prairie Rivers Network, MWRDGC, Illinois
Rural Water Association and IERG.
Illinois EPA staff from the Bureau of Water
Standards Unit, the Division of Public Water Supplies and the Division ofLegal
Counsel
were
present to take comments and
answer questions.
III.
Synopsis of Testimony
Jerry Kuhn is
the Manager of the Permit
Section of the Division of Public Water
Supplies in the Bureau of Water.
Mr.
Kuhn’s testimony will address the impetus for this
16
rulemaking in
the
finalizing of the
radium drinking water standards
and
the impact this
proposed revision will have on existing and
future public water supplies.
Bob
Mosher is the Manager of the Standards Unit in the Bureau of Water and as
such
has
primary
responsibility
for the
development
of new or
revised
water
quality
standards.
Mr.
Mosher’ s
testimony
will
address
the
environmental
impact
of
this
proposal and the basis for proposing a Public and Food Processing water quality standard
rather than a General Use water quality standard.
Mr. Mosher will
also testify regarding
the literature
searches
conducted,
consultations
with
U.S.
EPA
Region V
water quality
standards staff and research into radium water quality standards of others states that was
conducted prior to submittal ofthis
rulemaking proposal.
Blame
Kinsley
is
the
Acting
Manager
of
the
Bureau
of
Water’s
Industrial
Permitting
Unit.
In
addition
to
responsibility for issuing
NPDES
permits
to
industrial
dischargers,
that
Unit
is
responsible
for the review
of construction
permits
for radium
removal
technologies
at
public
water
supply
facilities.
Mr.
Kinsley
will
provide
testimony
regarding
the
radium
removal
efficiency
of conventional
sewage
treatment
plants.
IV.
Supporting
Documents
Exhibit A:
National Primary Drinking Water Regulations; Radionuclide; Final
Rule.
65
Fed. Reg. 76,707 (December 7, 2000) (to be codified at
40
C.F.R. part
141).
Exhibit B:
In the Matter of:
Water Quality Standards Revisions,
Explanation
ofProposedFinal Draft,
R71-4 (December 21,
1971).
Exhibit C:
Federal Water Pollution Control Administration.
1968.
Water
Quality Criteria
-
Report ofthe National Technical Advisory
Committee to the Secretary ofthe Interior. U.S. Government
Printing Office Washington, D.C. (Relevant pages attached).
17
Exhibit D:
U.S. Department ofHealth, Education and Welfare.
1962.
Public
Health Service Drinking
Water Standards.
Public Health Service
Publication
956.
U.S. Government Printing Office Washington.
D.C.
Exhibit E:
Wisconsin DepartmentofNatural Resources.
1985.
The Fate of
Radium 226 and Radium 228 in the Wastewater Treatment
Process. Report by Mark Williams, P.E., Bureau ofSolid Waste
Management.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
BYI________
D~r
J. W
jams
Assistant Counsel
Division of Legal Counsel
Date:
January
13, 2004
1021 N. Grand Ave. E
P.O. Box
19276
Springfield, Illinois 62794-9276
18
BEFORE
THE
ILLINOIS POLLUTION CONTROL
)
IN THE MATTER OF:
)
)
R04-
2.(
REVISIONS
TO
RADIUM WATER QUALITY
)
(Rulemaking-Water)
STANDARDS:
PROPOSED NEW35 Ill. Adm.
)
Code 302.307 AND AMENDMENTS TO
)
35 Ill. Adm. Code 302.207
and 302.525
)
)
MOTION FOR ACCEPTANCE
NOW
COMES the
Illinois
Environmental
Protection
Agency
(“Illinois
EPA”),
by
and
through
its
attorney,
Deborah
J.
Williams,
and
pursuant
to
35
Ill.
Adm.
Code
102.200
and
102.202,
moves that the Pollution
Control
Board accept for hearing the Illinois
EPA’s proposal
for amendments to 35 Ill. Adm. Code Part 302.
This regulatory proposal includes:
1.
Notice
2.
Appearance ofattorney forthe Illinois Environmental Protection Agency
3.
Director Cipriano’s
Statement of Submittal
4.
Statement ofReasons
5.
Certification ofOrigination
6.
Exhibits
7.
Proposed Amendments
8.
Computer disc the Proposed Amendments in Microsoft Word format
9.
Proofof Service
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Byfl/~J~Q1~k~
Deborah J. WiF
s
Assistant Counsel
Division ofLegal Counsel
DATED:
January 13, 2004
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box
19276
Springfield, Illinois 62794-9276
(217)782-5544
This Filing Is Submitted On Recycled Paper
BEFORE
THE ILLINOIS POLLUTION CONTROL
BOARD
IN THE MATTER OF:
REVISIONS TO RADIUM WATER QUALITY
STANDARDS:
PROPOSED NEW 35111. Adm.
Code 302.307 AND AMENDMENTS TO
35
Ill. Adm.
Code 302.207 and 302.525
)
)
R04-2~
)
(Rulemaking-Water)
)
)
)
AGENCY PROPOSAL OF REGULATIONS
Pursuant to
Section 27 ofthe Illinois Environmental Protection Act (415 ILCS 5/27), the
Illinois Environmental Protection Agency hereby proposes that the Illinois Pollution Control
Board adopt the attached proposed regulations.
Respectfully submitted,
____
~‘
,200~
DATED:
___
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois
62794-9276
(217)782-5544
Director
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE
THE ILLINOIS POLLUTION CONTROL
)
IN THE MATTER OF:
)
)
R04-Z~
REVISIONS TO RADIUM WATER QUALITY
)
(Rulemaking-Water)
STANDARDS:
PROPOSED NEW
35111. Adm.
)
Code
302.307 AND AMENDMENTS TO
)
35
Ill. Adm. Code 302.207
and 302.525
)
CERTIFICATION OF ORIGINATION
NOW
COMES
the
Illinois
Environmental
Protection
Agency
to
certify
in
accordance with 35 Ill.Adm. Code
102.202(h) that this proposal for amendments to 35
Ill.
Adm.
Code
302
amends the most
recent
version of these regulations
and
the
Table
of
Contents as published on the Pollution Control Board’s Web site.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
BY(T~k9OJJ~
Deborah J. Wil
ams
Assistant Counsel
Division ofLegal Counsel
DATED:
January
13, 2004
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(217)782-5544
ILLINOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
PART 302
WATER QUALITY STANDARDS
SUBPART A: GENERAL WATER QUALITY PROVISIONS
Section
302.100 Definitions
302.101 Scope and Applicability
302.102 Allowed Mixing, Mixing Zones and ZIDs
302.103 Stream Flows
302.104 Main River Temperatures
302.105 Antidegradation
SUBPART B: GENERAL USE WATER QUALITY STANDARDS
Section
302.201 Scope and Applicability
302.202 Purpose
302.203 Offensive Conditions
302.204 pH
302.205 Phosphorus
302.206 Dissolved Oxygen
302.207 Radioactivity
302.208 Numeric Standards for Chemical Constituents
302.209 Fecal Coliform
302.210 Other Toxic Substances
302.211 Temperature
302.212 Total Ammonia Nitrogen
302.213 Effluent Modified Waters (Ammonia)(Repealed)
SUBPART C: PUBLIC AND FOOD PROCESSING WATER SUPPLY STANDARDS
Section
302.301 Scope and Applicability
302.302 Algicide Permits
302.303 Finished Water Standards
ILLINOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
302.304 Chemical Constituents
302.305 Other Contaminants
302.306 Fecal Coliform
302.307 Radium 226 and Radium 228
SUBPART D: SECONDARY CONTACT AND INDIGENOUS AQUATIC LIFE
STANDARDS
Section
302.401 Scope and Applicability
302.402 Purpose
302.403 Unnatural Sludge
302.404 pH
302.405 Dissolved Oxygen
302.406 Fecal Coliform (Repealed)
302.407 Chemical Constituents
302.408 Temperature
302.409 Cyanide
302.410 Substances Toxic to Aquatic Life
SUBPART E: LAKE MICHIGAN BASIN WATER QUALITY STANDARDS
Section
302.501 Scope, Applicability, and Definitions
302.502 Dissolved Oxygen
302.503 pH
302.504 Chemical Constituents
302.505 Fecal Coliform
302.506 Temperature
302.507 Thermal Standards for Existing Sources on January 1, 1971
302.508 Thermal Standards for Sources Under Construction But Not In Operation on
January 1, 1971
302.509 Other Sources
302.510 Incorporations by Reference
302.515 Offensive Conditions
302.520 Regulation and Designation of Bioaccumulative Chemicals of Concern (BCCs)
302.521 Supplemental Antidegradation Provisions for Bioaccumulative Chemicals of
Concern (BCCs)
302.525 Radioactivity
ILLINOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
302.530 Supplemental Mixing Provisions for Bioaccumulative Chemicals of Concern
(BCCs)
302.535 Ammonia Nitrogen
302.540 Other Toxic Substances
302.545 Data Requirements
302.550 Analytical Testing
302.553 Determining the Lake Michigan Aquatic Toxicity Criteria or Values - General
Procedures
302.555 Determining the Tier I Lake Michigan Acute Aquatic Toxicity Criterion
(LMAATC): Independent of Water Chemistry
302.560 Determining the Tier I Lake Michigan Basin Acute Aquatic Life Toxicity
Criterion (LMAATC): Dependent on Water Chemistry
302.563 Determining the Tier II Lake Michigan Basin Acute Aquatic Life Toxicity Value
(LMAATV)
302.565 Determining the Lake Michigan Basin Chronic Aquatic Life Toxicity Criterion
(LMCATC) or the Lake Michigan Basin Chronic Aquatic Life Toxicity Value
(LMCATV)
302.570 Procedures for Deriving Bioaccumulation Factors for the Lake Michigan Basin
302.575 Procedures for Deriving Tier I Water Quality Criteria and Values in the Lake
Michigan Basin to Protect Wildlife
302.580 Procedures for Deriving Water Quality Criteria and Values in the Lake Michigan
Basin to Protect Human Health – General
302.585 Procedures for Determining the Lake Michigan Basin Human Health Threshold
Criterion (LMHHTC) and the Lake Michigan Basin Human Health Threshold
Value (LMHHTV)
302.590 Procedures for Determining the Lake Michigan Basin Human Health
Nonthreshold Criterion (LMHHNC) or the Lake Michigan Basin Human Health
Nonthreshold Value (LMHHNV)
302.595 Listing of Bioaccumulative Chemicals of Concern, Derived Criteria and Values
SUBPART F: PROCEDURES FOR DETERMINING WATER QUALITY CRITERIA
Section
302.601 Scope and Applicability
302.603 Definitions
302.604 Mathematical Abbreviations
302.606 Data Requirements
302.612 Determining the Acute Aquatic Toxicity Criterion for an Individual Substance –
General Procedures
ILLINOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
302.615 Determining the Acute Aquatic Toxicity Criterion - Toxicity Independent of
Water Chemistry
302.618 Determining the Acute Aquatic Toxicity Criterion - Toxicity Dependent on Water
Chemistry
302.621 Determining the Acute Aquatic Toxicity Criterion - Procedure for Combinations
of Substances
302.627 Determining the Chronic Aquatic Toxicity Criterion for an Individual Substance -
General Procedures
302.630 Determining the Chronic Aquatic Toxicity Criterion - Procedure for
Combinations of Substances
302.633 The Wild and Domestic Animal Protection Criterion
302.642 The Human Threshold Criterion
302.645 Determining the Acceptable Daily Intake
302.648 Determining the Human Threshold Criterion
302.651 The Human Nonthreshold Criterion
302.654 Determining the Risk Associated Intake
302.657 Determining the Human Nonthreshold Criterion
302.658 Stream Flow for Application of Human Nonthreshold Criterion
302.660 Bioconcentration Factor
302.663 Determination of Bioconcentration Factor
302.666 Utilizing the Bioconcentration Factor
302.669 Listing of Derived Criteria
APPENDIX A References to Previous Rules
APPENDIX B Sources of Codified Sections
APPENDIX C Maximum total ammonia nitrogen concentrations allowable for certain
combinations of pH and temperature
TABLE A pH-Dependent Values of the AS (Acute Standard)
TABLE B Temperature and pH-Dependent Values of the CS (Chronic Standard) for
Fish Early Life Stages Absent
TABLE C Temperature and pH-Dependent Values of the CS (Chronic Standard) for
Fish Early Life Stages Present
AUTHORITY: Implementing Section 13 and authorized by Sections 11(b) and 27 of the
Environmental Protection Act [415 ILCS 5/13, 11(b), and 27]
SOURCE: Filed with the Secretary of State January 1, 1978; amended at 2 Ill. Reg. 44, p. 151,
effective November 2, 1978; amended at 3 Ill. Reg. 20, p. 95, effective May 17, 1979; amended
at 3 Ill. Reg. 25, p. 190, effective June 21, 1979; codified at 6 Ill. Reg. 7818; amended at 6 Ill.
Reg. 11161, effective September 7, 1982; amended at 6 Ill. Reg. 13750, effective October 26,
ILLINOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
1982; amended at 8 Ill. Reg. 1629, effective January 18, 1984; peremptory amendments at 10 Ill.
Reg. 461, effective December 23, 1985; amended at R87-27 at 12 Ill. Reg. 9911, effective May
27, 1988; amended at R85-29 at 12 Ill. Reg. 12082, effective July 11, 1988; amended in R88-1 at
13 Ill. Reg. 5998, effective April 18, 1989; amended in R88-21(A) at 14 Ill. Reg. 2899, effective
February 13, 1990; amended in R88-21(B) at 14 Ill. Reg. 11974, effective July 9, 1990; amended
in R94-1(A) at 20 Ill. Reg. 7682, effective May 24, 1996; amended in R94-1(B) at 21 Ill. Reg.
370, effective December 23, 1996; expedited correction at 21 Ill. Reg. 6273, effective December
23, 1996; amended in R97-25 at 22 Ill. Reg. 1356, effective December 24, 1997; amended in
R99-8 at 23 Ill. Reg. 11249, effective August 26, 1999; amended in R01-13 at 26 Ill. Reg. 3505,
effective February 22, 2002; amended in R02-19 at 26 Ill. Reg. 16931, effective November 8,
2002; amended in R02-11 at 27 Ill. Reg. 166, effective December 20, 2002; amended in R_____
at _____ Ill. Reg. _____, effective ____________________.
SUBPART B: GENERAL USE WATER QUALITY STANDARDS
Section 302.207 Radioactivity
a) Gross beta (STORET number 03501) concentration shall not exceed 100
picocuries per liter (pCi/1).
b)
Concentrations of radium 226 (STORET number 09501) and sStrontium 90
(STORET number 13501) concentration shall not exceed 1 and 2 picocuries per
liter (pCi/1)respectively.
(Source: Amended at _____ Ill. Reg. __________, effective __________)
SUBPART C: PUBLIC AND FOOD PROCESSING WATER SUPPLY STANDARDS
Section 302.307 Radium 226 and 228
Radium 226 and 228 (STORET number 11503) combined concentration shall not exceed 5
picocuries per liter (pCi/L) at any time.
(Source: Amended at _____ Ill. Reg. __________, effective __________)
ILLINOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
SUBPART E: LAKE MICHIGAN BASIN WATER QUALITY STANDARDS
Section 302.525 Radioactivity
Except as provided in Section 302.102, all waters of the Lake Michigan Basin must meet the
following concentrations in any sample:
a) Gross beta (STORET number 03501) concentrations must not exceed 100
picocuries per liter (pCi/L).
b)
Concentrations of radium 226 (STORET number 09501) and sStrontium 90
(STORET number 13501) concentration shall not exceed 1 and 2 picocuries per
liter (pCi/1)respectively.
(Source: Amended at _____ Ill. Reg. __________, effective __________)
