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    ILLINOIS POLLUTION CONTROL BOARD
    December 21, 1971
    ••
    In the Matter of
    )
    )
    )
    IR 71—14
    WATER QUALITY STANDARDS REVISIONS
    )
    Explanation of Proposed Final Draft
    (by• Mr.
    Currie):
    On May 12,
    1971, we puhlished a proposed chapter IV of
    the
    Rules
    arid Regulations of
    the
    Pollution
    Control
    Board,
    comprising
    a
    complete
    recodification
    and revision of all existing regulations
    respecting
    water
    pollution.
    Extensive
    hearings
    were
    held
    throughout
    the
    State,
    from
    June
    to
    October.
    Upon
    studying
    the
    transcripts and
    exhibits,
    we
    published a partial proposed final
    draft on November 11, including principally those provisions,
    many of them originally proposed in ft 70-8 and the subject
    of separate hearings last winter, respecting effluent standards, permits,
    nd
    1-he
    rntrol
    of
    Rtorm
    overflors.
    The
    proposed
    finfl
    draft
    published today contains additional provisions considered at
    the
    hearings
    which,
    together
    with
    the
    November
    11
    draft,
    are
    intended
    to .constitute
    a
    complete
    package
    of
    revised
    water
    pollution
    regulations.
    It
    is
    our intention that both today’s
    draft
    and
    that of November 11 be adopted, as the subjects
    covered, while related, are not overlapping.
    This explanation
    relates to the draft published today, on which final hearings will
    be held and final comments accepted with final action expected
    in February.
    In large part today’s draft is simply a codification of
    existing water quality standards and associated provisions that
    are now scattered throughout a number of separate regulations
    that we inherited from
    the
    Sanitary
    Water
    Board.
    The
    new
    regulations,
    when adopted, will supersede the old except for
    determining
    violations
    alleged
    to
    have
    occurred
    prior
    to
    the
    effective date of the new regulations.
    A section-by-section
    discussion follows,
    RuleS 101-103 are standard statements of the Board’s
    •authority and policy, substantially as in present regulations,
    and a repealer of obsolete provisions.
    Rule 104 contains definitions
    in addition to those included in the November 11 draft; both
    sets will be included in the final regulations.
    None of these
    provisions, with the exception of certain definitions in the
    November 11 draft, has been substantially altered from the
    original May 12 proposal.
    3C

    4’
    —2—
    Part II
    is the heart of the water quality standards and
    constitutes an updated version of the criteria now found in
    regulations SWB-7 through SWB-15:
    201
    Mixing Zones.
    Existing standards by and large provide
    for “reasonable admixture”
    of effluents
    in a mixing zone that
    is not subject to the water quality standards.
    This
    is necessary
    unless effluent standards are to be as
    stringent as water
    quality standards, which
    in some cases
    (e.g., temperature,
    see #R 70-16, Mississippi Thermal Standards, November 15,
    1971)
    would impose
    an unreasonable cost burden.
    At the same time,
    if the water quality standards are not to be undermined,
    the,
    area within mixing zones must be kept relatively small.
    Technical Release 20-22 of the Sanitary Water Board,
    long used
    as
    a guideline without the force of a regulation,
    provided
    that reasonable mixing would be
    deemed to occur within
    600 feet
    from the point of discharge.
    We have held that this figure
    represents
    the understanding of
    the Sanitary Water Board in
    adopting the reasonable mixture standard, at least with regard
    to
    the
    larger
    rivers,
    and therefore have required that on the
    Illinois, Wabash,
    Ohio,
    and
    Mississippi
    Rivers the standards
    1.
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    Application of Commonwealth Edison Co.
    (Dresden
    #3)
    ,
    #
    70-21
    (March
    3,
    1971); Mississippi Thermal Standards,
    # R 70—16,
    supra; Ohio-Wabash Thermal Standards,
    #
    R 71—12, June
    28, 1971.
    On the other hand, we have expressed doubt that such a large
    mixing zone could have been intended on small streams,
    since
    a few 600—foot zones on such streams would undermine the stream
    quality standards altogether.
    See EPA v.
    City of Champaign,
    #
    71—5lC, September
    16,
    1971.
    The May 12 draft incorporated the 600-foot standard across
    the board, but consideration of the Champaign case,
    just cited,
    suggests
    a more flexible test is desirable.
    The basic standard
    in the present draft,
    therefore,
    is expressed in terms of the
    principle that mixing zones must be kept very small
    in
    proportion
    to stream volume.
    Although the application of this principle
    must be determined on
    a case—by—case basis,
    this approach appears
    to be morel responsive
    to the competing policy considerations
    underlying the mixing zone provisions than does any rigid size
    requirement.
    In response to other testimony received, the present
    draft alters
    the 600-foot linear zone——here preserved
    as a
    maximum--to a zone no larger than the area of
    a circle with 600-foot
    radius, by analogy to the Lake Michigan standard
    (#R 70-2,
    June
    9,
    1971)
    ,
    recognizing that in flowing streams the shape of a plume
    is likely to be long and thin in a downstream direction.

    .
    -3-
    The earlier provision intended
    to prevent increasing the
    size of the mixing zone by multiplication of discharge points
    -
    has been reworded to avoid unintended restrictions.
    The
    formerly rigid provision requiring
    a fixed proportion of the
    stream as a zone of passage for fish has been made more flexible
    in order to leave details
    to individual cases while preserving
    the principle that thermal or other pollution blocks must be
    avoided.
    This provision applies only to waters protected for
    aquatic
    life.
    202 Stream Flows.
    This Rule provides that water quality standards
    are .to be met at all times e:~ceptextreme low flows.
    This provision
    is the equivalent of that in existing regulations.
    An exception
    is provided,
    as in the Ohio-Wabash and Mississippi thermal
    standards,
    for brief excursions
    of temperature
    that. are not
    likely to be harmful and that are the result of natural conditions
    peculiar to temperature.
    It is recognized that it may be
    necessary
    in the future
    to provide some type of episode control
    at times of extreme low flow in order to avoid harm to aquatic
    populations.
    233
    ic~.i
    3La~~~ai.T~e~
    rcvicion
    1i
    ~,cacd
    ~
    principle
    that
    all
    waters
    should
    be
    protected
    against
    nuisances
    and against health hazards
    to those near them;
    that all waters
    naturally capable of supporting
    aquatic life, with the exception
    of a few highly industrialized streams
    consisting primarily
    of effluents
    in the Chicago area, should be protected to support
    such life;
    and that waters that are used for public water supply
    should be clean enough that ordinary treatment processes will
    assure their potability.
    Consequently general standards for
    water quality are set that will protect most uses except public
    water supply; more stringent standards are set for places where
    water
    is withdrawn
    for public supply;
    and more lenient standards
    are set for those streams classified for restricted use.
    The
    general standards are found in Rule 203 and their discussion
    follows.
    They are taken largely from existing criteria for
    aquatic
    life.
    Stream use designations are found in Part III.
    203
    (a) preserves the existing requirements
    for freedom from
    nuisance.
    203
    (b),
    as initially and presently proposed, retains the existing
    pH values for aquatic life.
    203
    Cc)
    provides
    a
    phosphorus
    limit
    for
    reservoirs
    and
    lakes
    and
    for
    streams
    tributary
    to
    them.
    The
    evidence
    is
    strong
    that
    phosphorus
    above
    this
    level
    in
    relatively
    still
    water
    can
    give
    rise
    to
    obnoxious
    algae
    blooms.
    The
    evidence
    does
    not
    support
    the
    need
    for
    a
    phosphorus
    standard.
    in
    other
    situations,
    and
    the
    proposal
    for
    such
    a
    standard
    is
    here
    omitted,
    So
    is
    the
    earlier
    proposal
    for
    an
    alga.e
    limit,
    which
    was
    too
    stringent
    to
    indicate
    the

    presence
    of
    a
    nuisance.
    The
    evidence
    does
    not
    support
    any
    numerical
    standard
    for
    algae,
    and
    we
    rely
    upon
    the
    nuisance
    standard
    of
    203
    (a).
    We
    have
    not
    defined
    “reservoir”
    or
    “lake”
    for
    want
    of
    an
    adequate
    definition.
    This
    will
    have
    to
    be
    worked
    out
    on
    a
    case-by-case
    basis
    in
    light
    of
    the
    policy
    here
    expressed.
    Not
    every
    navigation
    dam
    will
    be
    held
    to
    create
    a
    lake
    for
    this
    purpose.
    Despite
    the
    uncertainty,
    it
    does
    not
    seem appropriate to postpone necessary regulation for lack of
    a
    perfect
    definition.
    203
    (d)
    repeats
    the
    May
    12
    proposal
    (6.0
    mg/l
    for
    16
    hours
    and
    5.0
    minimum)
    for
    dissolved
    oxygen
    requirements
    for
    aquatic
    life.
    The
    present
    standard
    (5.0
    and
    4.0)
    is
    not
    optimum
    according
    to
    th~
    Green
    Book
    of
    the
    National
    Technical
    Advisory
    Committee
    on
    Water
    Quality
    Criteria.
    203
    Ce)
    retains
    existing
    radioactivity
    levels.
    203
    (f)
    lists
    a
    number
    of
    important
    contaminants
    as
    follows.
    “Dissolved”
    values
    have
    been
    changed
    to
    “total”
    for
    reasons
    given
    in
    the
    explanation
    of
    the
    proposed
    final
    draft
    of
    Nov.
    I~mmonia Nitrogen.
    The
    present
    SWB-8
    standard
    is
    2.5
    mg/l,
    which
    the
    Green
    Book
    (supra)
    says
    is
    acutely
    toxic
    to
    fish.
    The
    earlier
    1.0
    proposal
    was
    based
    upon
    a
    Minnesota
    standard.
    While
    the
    toxicity
    of
    ammonia
    is
    pH-dependent,
    the
    Green
    Book
    recommends
    a
    limit
    of
    1.5
    mg/1,
    and
    that
    is
    here
    proposed.
    Arsenic.
    The
    May
    12
    proposed
    level
    of
    1.0
    mg/l
    was
    based
    upon
    existing
    SWB-8
    standards
    and
    the
    recommendation
    of
    McKee
    and
    Wolf,
    Water
    Quality
    Criteria,
    which
    is
    a
    well—respected
    literature
    survey,
    for
    protection
    of
    aquatic
    life.
    It
    is
    preserved
    in
    today’s
    draft.
    Barium.
    The
    May
    12
    proposal,
    preserved
    here,
    of
    5.0
    mg/l
    for
    aquatic
    life
    was
    based
    upon
    existing
    SWB-8
    standards
    and
    the
    recommendation
    of
    McKee
    and
    Wolf.
    BOD.
    The
    May
    12
    draft.
    proposed
    a
    stream
    standard
    of
    7.0
    for
    biochemical
    oxygen
    demand
    (5-day).
    This
    was
    intended
    to
    facilitate
    determination
    of
    the
    degree
    of
    treatment
    required
    of
    dischargers
    without
    resort
    to
    complex
    formulas
    for
    computing
    oxygen
    sag
    and
    recovery.
    The
    evidence
    is
    that
    the
    effect
    of
    a
    given
    level
    of
    BOD
    on
    a
    stream
    is
    too
    dependent
    upon
    reaeration
    rates
    to
    make
    any
    prescribed
    standard
    meaningful.
    We
    have
    omitted
    it
    in
    today’s
    draft
    and
    will
    rely
    on
    the
    dilution
    ratios
    in
    the
    November
    11
    draft,
    together
    with
    proof
    of
    violation
    of
    dissolved
    oxygen
    levels
    by
    stream
    studies
    or
    otherwise,
    until
    more
    adequate
    proof
    is
    presented
    to
    support
    a
    BOD
    standard.

    —5—
    Boron.
    The
    May
    12
    and
    presently
    proposed
    level
    of
    1.0
    mg/l
    is
    based
    on
    evidence
    t.hat
    higher
    levels
    can
    harm
    irrigated
    crops.
    While
    100
    irrigation
    is
    unlikely
    in
    Illinois,
    the
    uncontrolled
    discharge
    of
    large
    quantities
    of
    boron
    is
    clearly
    undesirable.
    We
    have
    proposed
    no
    effluent
    standard
    because
    of
    the
    lack
    of
    evidence
    as
    to
    treatment
    methods.
    The
    testimony
    suggests
    that
    compliance
    with
    a
    stream
    standard
    should
    not
    be
    very
    difficult.
    Cadmium.
    The
    0.05
    value
    proposed
    on
    May
    12
    and
    today
    is
    the
    same
    as
    the
    present
    SWB-8
    for
    aquatic
    life.
    McKee
    and
    Wolf
    suggest
    that
    an
    even
    lower
    ~a1ue
    might
    be
    appropriate
    to
    protect
    some
    fish.
    Chloride.
    Chlorides
    are
    tolerated
    by
    aquatic
    life
    in
    relatively
    high
    concentrations;
    Professor
    Lackey,
    a
    recognized
    expert
    in
    fish
    biology,
    testified
    that
    500
    mq/l
    would
    be
    a
    safe
    limit,
    and
    there
    was
    no
    substantial
    dispute.
    This
    value
    will
    also,
    according
    to
    the
    evidence,
    protect
    against
    any
    substantial
    problems
    in
    drinking
    water.
    The
    undesirability
    of
    an
    overly
    tight
    chloride
    standard
    is
    underlined
    by
    the
    high
    cost
    of
    chloride
    removal
    as
    well
    as
    the
    relatively
    innocuous
    nature
    of
    the
    material.
    Chromium.
    There
    is
    a
    dispute
    in
    the
    evidence
    as
    to
    the
    toxicity
    of
    chromium.
    McKee
    and
    Wolf
    support
    the
    testimony
    that
    the
    toxicity
    of
    chromium
    toward
    fish
    and
    man
    has
    been
    exaggerated,
    but
    stress
    the
    toxicity
    of
    small
    amounts
    of
    hexavalent
    chromium
    to
    daphnia
    and
    other
    important
    fish
    foods.
    The
    values
    here
    proposed
    preserve
    the
    existing
    SWB-8
    aquatic
    standards
    for
    hexavalent
    (0.05
    mg/i)
    and
    trivalent
    (1.0)
    chromium
    since
    McKee
    and
    Wolf
    appear
    to
    justify
    the
    distinction
    with
    regard
    to
    effects
    on
    fish
    foods.
    The
    May
    12
    proposal
    was
    a
    single
    standard
    of
    0.05.
    Copper.
    Existing
    copper
    standards
    vary:
    SWB—8’s
    i~
    0.04
    mg/i,
    while
    SWB—l2’s
    (Mississippi
    River)
    is
    the
    same
    (0,02)
    as
    that
    proposed
    May
    12
    and
    today.
    This
    figure
    is
    based
    on
    McKee
    and
    Wolf’s
    ~commendation
    for
    fish
    and
    aquatic
    life.
    Important
    fish
    foods
    are
    readily
    killed
    by
    low
    concentrations
    of
    copper,
    and
    McKee
    and
    Wolf
    say
    0.025
    mg/i
    has
    been
    found
    to
    kill
    most
    fish
    in
    8
    hours
    in
    the
    presence
    of
    1.0
    mg/i
    of
    zinc.
    Cyanide.
    The
    present
    SWB-8
    standard
    of
    0.025
    mg/l,
    here
    proposed,
    is
    that
    recommended
    by
    Orsanco.
    Twice
    that
    concentration,
    say
    McKee
    and
    Wolf,
    has
    killed
    fish
    in
    a
    short
    time,
    while
    trout
    were
    found
    to
    survive
    27
    days
    at
    0.02
    mg/i.
    The
    May
    12
    draft
    proposed
    0.01
    based
    upon
    the
    fact
    that
    such
    a
    level
    could
    be
    achieved
    by
    filtration.
    But
    finding
    a
    safe
    level,
    not
    treatability,
    is
    the
    goal
    in
    setting
    water
    quality
    standards
    for
    general
    uses.

    —6—
    Fluoride.
    Fluoride
    can
    delay
    the
    hatching
    of
    fish
    eggs
    and
    has
    been
    reported
    by
    McKee
    and
    Wolf
    to
    kill
    trout
    at
    concentrations
    ranging
    from
    2.3
    to
    7.2
    mg/l.
    They
    recommend
    a
    standard
    of
    1.5
    mg/i.
    The
    figure
    of
    1.4,
    here
    repeated
    from
    the
    i~’Iay 12
    draft,
    is
    in
    line
    with
    that
    recommendation
    and
    also
    should
    assure
    a
    potable
    supply.
    Iron.
    The
    1.0
    mg/i
    standard
    proposed
    May
    12
    and
    today
    is
    taken
    from
    the
    existing
    SWB—8.
    McKee
    and
    Wolf
    make
    no
    firm
    recommendation
    but
    report
    that
    dogfish
    survived
    a
    week’s
    exposure
    to
    1
    to
    2
    mg/l
    of
    iron.
    Other
    species
    are
    said
    to
    have
    shown
    a
    lower
    toxic
    threshold.
    Lead.
    0.1
    mg/i,
    proposed
    May
    12
    and
    today,
    is
    the
    present
    SWB-8
    aquatic
    standard
    and
    supported
    by
    McKee
    and
    Wolf’s
    recommendation
    of
    0.1,
    a
    level
    above
    which
    lead
    is
    lethal
    to
    some
    fish
    and
    begins
    to
    interfere
    with
    the
    breakdown
    of oxygen-demanding materials.
    Manganese.
    There
    is
    no
    existing
    aquatic
    standard.
    The
    proposed
    1.0
    (May
    12
    and
    today)
    is
    based
    upon
    McKee
    and
    Wolf’s
    report
    as
    to
    fish
    toxicit.y
    and
    should
    he
    easy
    to
    meet.
    Nickel.
    There
    is
    no
    existing
    standard,
    McKee
    and
    Wolf
    report
    one
    study
    finding
    that
    stickelbacks
    die
    as
    low
    as
    0,8
    mg/i,
    but
    that
    others
    find
    nickel
    less
    toxic
    than
    iron
    or
    zinc.
    Today’s
    proposal,
    like
    that
    of
    May
    12,
    is
    1.0
    mg/i.
    Phenols.
    There
    is
    conflicting
    evidence
    as
    to
    the
    harmful
    level
    of
    phenols.
    The
    limiting
    value,
    according
    to
    the
    Green
    Book,
    is
    that
    concentrations
    above
    0.1
    mg/i
    impart
    a
    bad
    taste
    to
    fish.
    The
    May
    12
    draft
    and
    today’s
    propose
    0.1
    in
    place
    of
    the
    present
    SWB-8
    standard
    of
    0.2.
    Selenium.
    No
    present
    aquatic
    standard
    exists,
    bu.t
    McKee
    and
    Wolf
    say
    2.0
    mg/i
    kill
    goldfish
    in
    eight
    days.
    The
    May
    12
    proposal
    of
    2.0
    therefore
    seems
    too
    high,
    and
    1.0
    is
    here
    proposed
    in
    order
    to
    keep
    the
    water
    below
    the
    harmful
    level.
    Silver.
    The
    present
    SWB-8
    standard
    is
    0.05
    mg/l,
    but
    McKee
    and
    Wolf
    report
    lethal
    doses
    to
    some
    fish
    at
    levels
    an
    order
    of
    magnitude
    lower.
    Accordingly
    the
    May
    12
    and
    present
    drafts
    proposed
    0.005
    mg/l.
    Sulfates.
    As
    in
    the
    case
    of
    chlorides,
    some
    limit
    seems
    desirable
    to
    protect
    stock
    watering
    and
    fish.
    Dr.
    Lackey
    suggested
    that
    500
    mg/i
    would
    afford
    adequate
    protection
    for
    fish;
    McKee
    and
    Wolf
    give
    the
    same
    figure
    for
    stock
    watering;
    and
    this
    level
    should
    avoid
    adverse
    effects
    on
    public
    water
    ~upp1ies
    as
    well
    according
    to
    McKee
    and
    Wolf.
    L/

    A.
    -
    —7—
    Total
    Dissolved
    Solids.
    This
    proposed
    level
    of
    1000
    mg/i
    too
    is
    based
    largely
    on
    Dr.
    Lackey’s
    testimony,
    confirmed
    by
    other
    witnesses
    and
    by
    McKee
    and
    Wolf,
    that
    aquatic
    life
    should
    not
    he
    harmed.
    Zinc.
    1.0
    is
    the
    present
    SWB-8
    aquatic
    standard
    and
    proposed
    May
    12
    and
    here.
    McKee
    and
    Wolf
    suggest
    that
    this
    is
    a
    safe
    level
    if
    the
    water
    is
    not
    particularly
    soft.
    Additional
    chemicals
    were
    suggested
    by
    various
    witnesses
    for
    inclusion
    in
    the
    table,
    such
    as
    antimony,
    cobalt,
    and
    tin.
    We
    recognize
    the
    desirability
    of
    adding
    more
    parameters
    and
    will
    welcome
    specific
    suggestions
    for
    future
    additions,
    but
    codification
    of
    the
    present
    standards
    should
    not
    be
    delayed
    while
    new
    parameters
    are
    explored.
    The
    May
    12
    draft
    contained
    a
    limit
    of
    2.0
    mg/i
    for
    the
    aggregate
    of
    toxic
    substances
    indicated
    by
    an
    asterisk
    in
    the
    above
    table.
    While
    the
    synergistic
    effect
    of
    various
    heavy
    metals
    or
    other
    toxics
    is
    a
    matter
    of
    considerable
    concern,
    we
    have
    no
    basis~~
    for
    setting
    any
    particualr
    number
    and therefore
    1~C~V
    V~
    ~LL.
    L
    ~
    ~.LJ.L
    ~
    ~.L
    ‘~
    V
    L ~
    ~L~.L1
    L
    i
    ~1Lt
    ~D
    L~J~
    a..L
    ~
    j’
    J~Q~V
    ..L.Ai’~
    L~i’~
    ~
    LJ-’~)i1
    of
    synergism
    to
    be
    dealt
    with
    by
    general
    provisions
    such
    as
    paragraph
    (h)
    of
    Rule
    203,
    below.
    203
    (g)
    tightens
    the
    bacterial
    limit
    from
    that
    designed
    for
    secondary
    contact
    to
    that
    described
    as
    safe
    for
    primary
    contact.
    This
    has
    the
    same
    effect
    as
    the
    May
    12
    draft,
    which
    provided
    a
    separate
    category
    of
    waters
    designated
    for
    primary
    contact
    but
    which
    designated
    all
    general
    waters
    for
    this
    use.
    Since
    disinfection
    is
    required
    of
    all
    reievant.effiuents,
    achieving
    the
    lower
    level
    should
    pose
    no
    great
    additional
    difficulty.
    Even
    if
    waters
    are
    not
    recommended
    for
    swimming
    because
    of
    other
    problems
    such
    as
    turbidity,
    barge
    traffic,
    or
    dangerous
    currents,
    they
    should
    not
    pose
    a
    health
    hazard
    to
    those
    who
    do
    use
    them.
    203
    (h)
    retains
    the
    present
    SWB-8
    general
    provision
    that
    no
    substance
    shall
    he
    present
    in
    amounts
    representing
    a
    stated
    percentage
    of
    their
    toxic
    value
    to
    fish.
    This
    is
    most
    necessary
    because
    no
    regulation
    can
    possibly
    list
    all
    contaminants
    that
    are
    of
    concern.
    The
    May
    12
    list
    of
    pesticides
    is
    omitted.
    It
    was
    obviously
    incomplete
    and
    seems
    better
    left
    to
    the
    general
    toxicity
    provisions
    of
    Rule
    203
    (h)

    -8-
    203
    Ci)
    has
    been
    amended
    to
    incorporate
    the
    newly
    adopted
    temperature
    standards
    for
    the
    Mississippi,
    Ohio,
    and
    Wabash
    Rivers
    and
    to
    preserve
    the
    existing
    maximum
    values
    for
    other
    streams
    (except
    to
    substitute
    90°
    for
    93
    on
    the
    former
    industrial
    sector
    of
    the
    Illinois
    and
    lower
    Des
    Piaines)
    ,
    pending
    further
    evidence
    as
    to
    actual
    temperature.
    The
    separate
    criterion
    for
    primary
    contact
    (formerly
    Rule
    204)
    is
    omitted
    for
    reasons
    given
    under
    Rule
    203
    (g)
    above.
    Rule
    204
    states
    standards
    for
    public
    water
    supplies.
    Agreeing
    with
    McKee
    and
    Wolf
    that
    the
    recommended
    Public
    Health
    Service
    standards
    for
    desirable
    drinking
    water
    are
    tighter
    than
    necessary
    as
    a
    regulatory
    matter
    with
    respect
    to
    such
    relatively
    innocuous
    materials
    as
    chloride,
    sulfate,
    and
    total
    dissolved
    solids
    in
    light
    of
    the
    difficulty
    of
    removing
    such
    materials
    from
    effluents.,
    we
    have
    altered
    the
    May
    12
    proposal
    by
    omitting
    these
    parameters
    and
    by
    rewording
    the
    general
    statement
    in
    paragraph
    (a).
    Comoliance
    with
    the
    general
    standards
    for
    these
    parameters
    should
    suffice.
    We
    have
    also
    reinstatcd
    hi
    ~
    ~
    L~ep~ovisio~t~u. ~ho.poblic cu~pi~’ca~’~
    ~ised ho
    met
    only where water
    is withdrawn for public supply.
    This provision will
    assure
    that
    water
    is
    satisfactory
    wherever
    it
    is
    taken,
    without
    requiring
    expensive
    cleanups
    of
    effluents
    where
    the
    water
    is
    not
    used
    for
    public
    supply.
    The
    construction
    of
    new
    public
    supply
    intakes
    will
    in
    some
    cases
    therefore
    require
    additiona.l
    treatment
    of
    effluents
    upstream.
    Since
    general
    criteria
    apply
    to
    all
    waters
    designated
    for
    public
    supply,
    the
    present
    draft
    omits
    separate
    requirements
    for
    those
    parameters
    whose
    general
    standards
    are
    tight
    enough
    to
    protect
    public
    supplies;
    boron,
    chloride,
    chromium,
    copper,
    fluoride,
    mercury,
    silver,
    sulfate,
    total
    dissolved
    solids,
    and
    zinc.
    The
    remaining
    standards
    are
    based
    largely
    upon
    the
    Public
    Health
    Service
    standards,
    as
    amplified
    by
    the
    Green
    Book
    and
    by
    McKee
    and
    Wolf.
    While
    the
    PHS
    explicitly
    states
    that
    its
    standards
    are
    intended
    to
    prescribe
    the
    quality
    of
    finished
    rather
    than
    of
    raw
    water,
    it
    is
    clear
    from
    the
    evidence
    that
    many
    of
    the
    metals
    and
    other
    contaminants
    here
    listed
    are
    not
    substantially
    affected
    by
    ordinary
    water
    supply
    treatment,
    and
    therefore,
    as
    the
    Green
    Book
    recomrnneds,
    the
    raw
    water
    must
    itself
    meet
    the
    standard
    to
    assure
    satisfactory
    finished
    water.
    The
    proposed
    standards
    for
    barium,
    cadmium,
    lead,
    and
    selenium-—together with chromium and silver, which
    are
    covered
    by general standards-—are taken from the Public Health Service
    standards whose violation
    in finished water results
    in rejection
    of the supply.
    These are toxic materials not removed by ordinary
    ill
    ~?-

    C
    ‘~
    —9—
    .
    treatment
    of
    raw
    water.
    These
    numbers
    represent
    existing
    SWB-8
    standards.
    -For
    arsenic,
    the
    present
    standard,
    taken
    from
    the
    PHS
    rejection
    standard,
    is
    0.05;
    we
    proposed
    May
    12
    and
    today
    to
    tighten
    this
    to
    0.01,
    which
    the
    PHS
    gives
    as
    the
    level
    that
    should
    not
    be
    exceeded
    if
    better
    supplies
    are
    available.
    It
    seems
    reasonable
    to
    require
    that
    supplies
    be
    made
    to
    meet
    that
    recommended
    standard.
    The
    standard
    for
    nitrates
    and
    nitrites
    is
    an
    important
    one
    based
    upon
    health
    dangers
    to
    infants,
    and
    these
    ions
    are
    not
    removed
    by
    standard
    treatment.
    Other
    existing
    SWB-8
    standards
    preserved
    in
    today’s
    list
    include
    carbon
    chloroform
    extract
    (CCE)
    ,
    a
    measure
    of
    objectionable
    organic
    material;
    iron,
    which
    like
    the
    additional
    parameter
    of
    manganese
    for
    which
    there
    has
    been
    no
    standard
    causes
    problems
    of
    taste
    and
    of
    laundry
    color;
    methylene
    blue
    active
    substances,
    which
    cause
    taste
    problems
    and
    indicate
    recent
    sewage
    pollution;
    and
    phenols,
    which
    also
    cause
    taste
    problems.
    Cyanide
    (SWB-8
    prescribes
    the
    same
    value
    of
    0.025
    mq/l
    as
    for
    aquatic
    life)
    is
    reduced
    in
    the
    May
    and
    present
    drafts
    to
    0.01
    mg/i
    on
    the
    basis
    of
    the
    recommended
    PHS
    standard.
    The
    existing
    oil
    standard
    has
    been
    quantified.
    The other concentrations discussed
    in
    this
    paragraph
    are
    based
    on
    PHS
    standards.
    It
    is
    disputed
    the
    extent
    to
    which
    these
    parameters
    are
    reduced
    by
    ordinary
    treatment.
    The
    PHS
    says
    at
    least
    some
    of
    them
    are,
    and
    there-
    fore
    implies
    that
    raw
    water
    need
    not
    meet
    such
    strict
    standards;
    the
    Green
    Book
    says
    otherwise,
    and
    for
    safety’s
    sake
    these
    standards,
    mostly
    taken
    from
    present
    law,
    are
    here
    preserved.
    As
    in
    the
    general
    standards,
    specific
    pesticide
    numbers
    are
    omitted.
    A
    new
    paragraph
    Cc)
    is
    intended
    to
    guard
    against
    the
    presence
    of
    toxic
    substances
    for
    which
    numerical
    standards
    are
    not
    provided.
    -
    205
    Restricted
    Use
    Standards.
    This
    Rule
    has
    been
    substantially
    revised
    to
    provide
    that
    aquatic
    life
    standards
    for
    various
    toxic
    materials
    need
    not
    be
    met
    since
    these
    waters
    are
    not
    protected
    for
    aquatic
    life.
    The
    standards
    are
    intended
    to
    assure
    against
    nuisance
    conditions,and,
    to
    protect
    other
    waters
    downstream,
    the
    water
    quality
    in
    restricted
    waters
    is
    required
    to
    meet
    the,
    applicable
    effluent
    standards.
    The
    temperature
    standard
    has
    been
    modified
    in
    response
    to
    a
    suggestion
    from
    Commonwealth
    Edison
    Company,
    in
    order
    to
    avoid
    expensive
    cooling
    devices
    that
    are
    not
    necessary
    to
    the
    avoidance
    of
    nuisances
    or
    safety
    hazards.
    206
    Lake
    Michigan.
    Certain
    parameters
    taken
    from
    existing
    standards
    are
    preserved
    to
    require
    this
    high—quality
    lake
    to
    remain
    especially
    clean
    for
    esthetic
    and
    recreational
    purposes,
    in
    accordance
    with
    the
    important
    non-degradation
    policy.
    Similar
    provisions
    to
    protect
    other
    waters
    of
    unusually
    high
    quality
    have
    been
    omitted
    from
    the
    present
    draft
    for
    lack
    of
    evidence
    as
    to
    which
    waters
    are
    entitled
    to
    such
    protection.
    The
    Lake
    Michigan
    provisions
    establishthe
    principle
    of
    special
    protection
    for

    —10—
    high—quality
    waters,
    and
    additional
    waters
    may
    be
    added
    in
    the
    future
    when
    the
    evidence
    so
    demands.
    The
    Lake
    Michigan
    temperature
    standard
    recently
    adopted
    has
    been
    inserted
    in
    the
    present
    draft.
    207
    Underground
    Waters.
    Protection
    of groundwater is of paramount
    importance.
    The
    provision
    has.
    been
    amended
    to
    make
    clear
    it
    does
    not
    protect
    natural
    brines
    or
    deal
    with
    the
    problem
    of
    deep—well
    disposal
    except
    to
    assure
    protection
    of
    present
    or
    potential
    water
    supplies.
    208 Nondegradation.
    This preserves the present prohibition of
    unnecessary
    degradation
    of
    waters
    presently
    of
    better
    quality
    than
    that
    required
    by
    the
    standards,
    recognizing
    that
    the
    standards
    represent
    not
    optimum
    water
    quality
    but
    the
    worst
    we
    are
    prepared
    to
    tolerate
    if
    economic
    considerations
    so
    require.
    Part
    III
    contains
    water
    use
    designations.
    All
    waters
    are
    designated
    for
    general
    use
    except.
    those
    in
    the
    restricted
    which
    has
    here
    ho an
    broadened
    in
    response
    to
    testimony
    L~
    J~1L~A~
    ~V~W
    L~
    JL~VV
    ~
    .L-’-~
    ~--‘-~
    life.
    This
    should
    relieve
    the
    burden
    of
    treatment
    beyond
    the
    effluent
    standards
    for
    discharges
    to
    intermittent
    streams.
    Such
    extra
    effort
    is
    difficult
    to
    justify
    when
    it
    will
    not
    result
    in
    a
    satisfactory
    aquatic
    life
    because
    of
    insufficient
    flow.
    We
    have
    also
    been
    urged
    to
    designate
    as
    restricted
    certain
    additional
    heavily
    industrial
    channels
    in
    the
    Chicago
    area.
    We
    find
    the
    evidence
    on
    this
    issue
    more
    conclusory
    than
    convincing,
    and
    retain
    the
    general
    classification
    in
    the
    present
    draft.
    The
    burden
    is
    on
    those
    seeking
    to
    abandon
    a
    waterway
    to
    demonstrate
    the
    economic
    unreasonableness of upgrading
    it
    to
    support
    aquatic
    life.
    We
    shall
    entertain
    such
    proof
    in
    the
    coming
    hearings.
    Part
    IV,
    which
    contains
    effluent
    standards,
    was
    published
    as
    a
    proposed
    final
    draft
    November
    ii.
    Part
    V
    imposes
    reporting
    requirements
    similar
    to
    those
    of
    present
    law.
    (SWB-6).
    Small
    changes
    have
    been
    made
    to
    provide
    that
    expensive
    monitoring
    need
    not
    be
    done
    for
    contaminants
    not
    likely
    to
    be
    found
    in
    an
    effluent.
    Access
    for
    Agency
    testing
    is
    required.
    Part
    VI.
    Sections
    dealing
    with
    breakdowns,
    spills,
    and
    over-
    flows were published November 11.
    Rule 603 modifies the proposal
    respecting intake structures
    by limiting it to aquatic life
    sectors,
    since
    it
    is
    designed
    to
    protect
    aquatic
    life,
    and
    by
    specifying
    new
    sources
    only
    in
    order
    to
    avoid
    enormous
    backfitting
    costs.
    Rule
    604
    on
    new
    connectiox~s
    will
    be
    published
    separately
    on
    the
    basis
    of,pending
    hearings.

    (N
    -
    .
    ~
    -
    11—
    Part
    VII
    contains
    minimum
    limits
    on
    discharges
    to
    sewers,designed
    to
    protect
    treatment
    works
    against
    harm
    that
    might
    cause
    violations
    of
    the
    effluent
    or
    water
    quality
    standards
    as
    well
    as
    the
    mercury
    limit
    already
    adopted.
    The
    cyanide
    sewer
    limit
    of
    SWB-5
    is
    also
    included.
    Although
    it
    has
    been
    challenged,
    revision
    can
    await
    specific
    hearings
    in
    the
    future.
    Part
    VIII
    incorporates
    existing
    requirements
    (SWB-19)
    for
    dis-
    charges
    of
    wastes
    from
    watercraft,
    with
    a
    new
    section
    requir-
    ing
    bilge
    or
    ballast
    discharges
    to
    meet
    general
    effluent
    standards.
    Special
    new
    provisions
    for
    better
    enforcement
    of
    the
    boating
    regulation
    are
    omitted
    for
    lack
    of
    adequate
    supporting
    evidence
    at
    present
    and
    may
    he
    considered
    separately
    in
    further
    hearings.
    Part
    IX
    on
    permit?
    and
    most
    of
    Part
    XI
    (compliance
    programs)
    were
    published
    November
    11.
    Rule
    1001
    is
    the
    requirement
    of
    an
    annual
    status
    report
    from
    the
    Agency
    as
    proposed
    May
    12.
    The
    extensive
    list
    of
    individual
    compliance
    dates,
    taken
    from
    existing
    regulations,
    is
    omitted
    here.
    In
    most
    cases
    those
    dates
    are
    past;
    for
    enforcement
    ourooses
    the
    original re~u1ations
    may
    be
    used,
    and
    the
    presently
    applicable
    dates
    are
    more
    .
    concisely
    stated
    in
    the
    proposed
    Part
    ~iV as
    publithed
    November
    11.
    Further
    comment?
    on
    the
    present
    draft
    are
    invited.

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