RECE WED

CLERK’S OFFICE

DEC 08 2004

STATE OF ILUNOIS

BEFORE THE ILLINOIS POLLUTION CONTROL BOARDPoIlution Control Board

IN THE MATTER OF:

)

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REVISIONS TO RADIUM QUALITY

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STANDARDS: PROPOSED NEW ILL. ADM.)

R 04-2 1

CODE 302.307 and AMENDMENTS TO

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(Rulemaking

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Water)

35 ILL. ADM. CODE 302.207 and

302.525

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TO: Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph Street, Suite 11-500

Chicago, Illinois 60601

The Illinois Emergency Management Agency (IEMA) respectfully submits the

following comments to the Illinois Pollution Control Board (“Board”) on the

captioned proposed rulemaking.

JEMA agrees that the existing General Use Water Quality standard for radium-226

of 1 pCi/L is too low, given a number ofpractical considerations. The two most

important ofthese considerations are the existing drinking water standard and the

existing levels in natural background.

IEMA’s position is that the General Use Water Quality standard should be set for

the protection ofhuman health. As such, our position is that the existing drinking

water standard serves as an important benchmark for the current rulemaking.

Given the current drinking water standard of

5

pCi/L, IEMA fails to see how a

General Use Water Quality standard of 1 pCi/L can be supported by science that

relates to human health considerations. It should also be noted that ifCongress

had not directed USEPA to drop its proposed radon standard, the current drinking

water radium Maximum Contaminant Level would probably be 20 pCi/L for

radium-226 and 20 pCi/L for radium-228.

IEMA performs testing on most of the community drinking water in the state. Our

testing indicates that natural background radium concentrations in Northern

Illinois groundwater range from less than detectable up to about 25 or 30 pCi/L.

IEMA does not wish to argue about effluent releases from water treatment

facilities or sewage treatment facilities in this submission. However, we would

simply point out that common uses ofgroundwater that do not result in

concentration of radium would be in violation ofthe current rule, ifdischarged to

surface waters. Such common uses would include use ofthe water for domestic

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purposes by individual users who do not treat for radium, cropland irrigation and

once-through cooling systems used in industry.

IEMA’s position is that IEPA’s proposal to change the public and food processing

water supply standard to

5

pCi/L is supportable. The support is provided by the

large volume of documentation generated by USEPA in its December 7, 2000,

rulemaking that re-affirmed the drinking water standard. On the other hand,

IEPA’s proposal to completely eliminate the rest of the General Use Water Quality

Standard for radium is probably not supportable. To eliminate this standard in its

entirety could allow significant sources ofdischarge to go unchecked. JEMA

would support a numerical standard based on human health risk.

IEMA recognizes the arguments put forth by environmental groups concerned

about radiation exposures to aquatic biota. These may be legitimate concerns, but

IEMA’s position is that protection ofaquatic biota was not an original objective of

the General Use Water Quality standard for radium. To generate a new standard

with such an objective would constitute a major policy shift. To clarify, it is

understood that IEPA and the Board have addressed protection of aquatic biota in

previous rulemakings. Our point is that they have not explicitly done so for

radioactive constituents. If the Board wishes to entertain such a policy shift, it

should consider such action as a new initiative capable ofstanding on its own

merits. At the moment, the argument has only been made as a rebuttal to IEPA’s

proposal. Such an initiative should be supported by Illinois specific environmental

data, which we think all parties will agree, is either insufficient, or not in high

enough quality to bring forward for the Board’s consideration.

Therefore, in recognition ofboth IEPA’s proposal and the objections that appear

in the record, we recommend the following approach to moving forward on this

rulemaking.

First, we would suggest setting an interim standard for protection ofhuman health

by adoption ofa federal standard that IEMA suggests is relevant and appropriate

for this purpose. We suggest that the interim standard be adopted from the U. S.

Nuclear Regulatory Commission’s (NRC) 10 CFR Part 20 Appendix B. IEMA

has adopted this standard into Illinois radiation protection regulations at 32 IAC

Part 340. The Appendix B Table 2 effluent concentration limit for radium in

water is 60 pCi/L. This standard applies to radioactive materials licensees who

discharge to surface waters. This standard relates directly to radiation dose to

humans. The concentrations in Table 2 are equivalent to the radionuclide

concentrations, which if ingested continuously over the course of a year, would

produce a total effective dose equivalent of 50 millirem. For reference, the dose

equivalent limit to members ofthe general public is 100 millirem.

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Second, we would suggest that IEPA work with interested parties towards a

determination ofwhether that interim standard is sufficiently protective ofaquatic

biota, or whether a more restrictive standard would be more appropriate. At this

point, interested parties would propose this new policy initiative to the Board.

Such a policy initiative should be supported by a number ofimportant elements.

This initiative should articulate a clear objective. As stated by the National

Council on Radiation Protection and Measurements in NCRP Report 109, the fate

ofindividual organisms is, generally, not the major concern but rather the response

and maintenance of endemic populations. If the objective ofthe initiative is not in

agreement with NCRP recommendations, it should be clearly stated. In any case,

the initiative should be supported by a carefully developed Illinois specific data

package and modeling effort.

IEMA believes that this two-phased approach will address IEPA’s short term

objectives to revise the General Use Water Quality standard to one, which is

supported by science related to human health risk and will allow other interested

parties to present a carefully developed case for a policy change to provide for

protection ofaquatic biota.

Respectfully submitted,

ILLINOIS EMERGENCY

MANAGEMENT AGENCY

By:___

Richard Allen

Chief, Bureau ofEnvironmental Safety

December 7, 2004

1035 Outer Park Drive

Springfield, Illinois 62704