REci~r~

w

CLERK’S OFF~C~E

OCT

2 ~2004

STATE OF lLLh’~S

Pollution

Contro’ board

•~1

LINE NUMBERED VERSION

-

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L1~~

_.___1__~_

I

-I.

This version should be identical to the submission made by the agency,

with the exceptions that errors in

Source or Authority Notes may have

been

corrected;

the

format

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Illinois

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If any

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As

always,

if you

would

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rulemaking

or

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Administrative

Code database materials on

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purposes ofupload, contact Terra Lamb at 785-2254.

---

ILLINOIS REGISTER

04

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

1)

Heading ofthe Part:

Primary Drinking Water Standards

2)

Code citation:

35

Iii.

Adrn. Code 611

3)

Section numbers:

Proposed Action:

611.102,611.231,611.233

Amend

611.241, 611.242, 611.250

Amend

611.261, 611.262, 611.301

Amend

611.382, 611.383, 611.526

Amend

611.532, 611.533, 611.720

Amend

611.732, 611.953, 611.956

Amend

611 .Appendix

G, 611.AppendixH

Amend

4)

Statutory authority:

415

ILCS

5/7.2,

17,

17.5,

and 27

5)

A complete description ofthe subjects and issues involved:

This docket includes federal SDWA amendments that USEPA adopted in the period

January 1, 2004 though June 30, 2004, and on August

25,

2004.

The amendments

approve one new analytical method for analysis of total coliforms and

E.

coli

and three

newmethods for analysis ofuranium in drinking water.

Another amendment makes a

number ofminor corrections to

various federal rules, including the Long Term

1

Enhanced Surface Water Treatment Rule, the Surface Water Treatment Rule, and the

Lead and

Copper Rule.

A fuller discussion of the issues involved in this rulemaking appears in the October 7,

2004 opinion and order in docket R05-6.

The following briefly summarizes the federal

actions considered in this rulemaking.

USEPA amended the federal SDWA regulations three times during the period January 1,

2004 though June 30, 2004.

These actions are summarized below:

February 13, 2004 (69 Fed. Reg.

7156)

USEPA approved an additional

analytical method for colifonns and

E. coli

in drinking water.

June

2, 2004

(69 Fed. Reg. ~1068)

By a direct final rule, USEPA approved three additional analytical

methods for uranium in drinking water.

(This rule was withdrawn on

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ILLINOIS REGISTER

2

04

POLLUTION CONTROLBOARD

NOTICE OF PROPOSED AMENDMENTS

August 25, 2004, as described below.)

June 29,

2004 (69 Fed. Reg.

38850)

USEPA adopted anumber of

minor corrections to various rules, including

the Long Term

1

Enhanced Surface Water Treatment Rule, the Surface

Water Treatment Rule, and the Lead and Copper Rule.

The Board engages in ongoing monitoring of federal actions.

As ofthe October 7, 2004

opinion and order, the Board had identified two simultaneous and related USEPA actions

since June 30, 2004, that

further amend the SDWA rules.

Both actions relate directly to

the subject matter ofthe June 2, 2004

amendments that are involved in this docket.

Those two actions are described as follows:

August 25, 2004 (69 Fed. Reg. 52176)

By a final rule, USEPA approved the three additional analytical methods

for uranium in drinking waterthat it had approved on June 2, 2004, by a

direct final rule.

(Note the June 2, 2004 notice ofproposed rule at

69

Fed.

Reg. 31068.)

August 25, 2004

(69 Fed. Reg. 52181)

In response to adverse public comments, USEPA withdrew its June 2,

2004 direct final rule that approved three additional analytical methods for

uranium in drinking water.

Tables appear in the Board’s opinion and order ofOctober 7, 2004, in docket R05-6 that

list numerous corrections and amendments that are not based on current federal

amendments.

The tables contain deviations from the literal text of the federal

amendments underlying these amendments, as well as corrections and

clarifications that

the Board made in the base text involved.

Persons interested in the details ofthose

corrections and amendments should refer to the October 7, 2004, opinion and order in

docket R05-6.

Section

17.5 ofthe Environmental Protection Act 415

ILCS

5/17.5

provides that

Section 5-35 ofthe Administrative Procedure Act

5

ILCS

100/5-35

does not applyto

this rulemaking.

Because this rulemaking is not subject to

Section

5-35

of the APA, it is

not subject to First Notice or to Second Notice review by the Joint Committee on

Administrative Rules (JCAR).

6)

Will these proposed amendments replace any emergency amendments currently in effect?

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ILLiNOIS REGISTER

4

04

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

from the Board’s Website at http:\\www.ipcb.state.il.us.

12)

Initial regulatory flexibility analysis:

A)

Types ofsmall businesses,

small municipalities, and not-for-profit corporations

affected:

This rulemaking may affect those small businesses, small

municipalities, and not-for-profit corporations that own or operate

a public water

supply.

These proposed amendments do not create or enlarge a state mandate, as

defined in Section 3(b) ofthe State Mandates Act~,

30

ILCS

805/3(b) (2002).

B)

Reporting, bookkeeping or other procedures required for compliance:

The

existing rules and proposed amendments require extensive reporting~

bookkeeping

and other procedures, including the preparation ofreports,

water analyses, and

maintenance ofoperating records.

These proposed amendments do not create or

enlarge a state mandate, as defined in Section 3(b) ofthe State Mandates Act~

30

ILCS

805/3(b) (2002).

C)

Types ofprofessional skills necessary for compliance:

Compliance with the

existing rules and proposed amendments may require the services ofan attorney,

certified public accountant, chemist, and registered professional engineer.

These

proposed amendments do not create or enlarge a state mandate, as defined in

Section 3(b) ofthe State Mandates Act430 ILCS 805/3(b) (2002).

13)

Regulatory agenda on which this rulemaking was summarized:~Ju1y

2004

The full text ofthe Proposed Amendments be~nson the next page:

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