ILLINOIS POLLUTION CONTROL BOARD
December 21, 2006
IN THE MATTER OF:
)
)
SDWA UPDATE, USEPA AMENDMENTS
)
R07-2
(January 1, 2006 though June 30, 2006)
)
(Identical-in-Substance
)
Rulemaking - Public Water Supply)
IN THE MATTER OF:
)
)
SDWA UPDATE, USEPA AMENDMENTS
)
R07-11
(July 1, 2006 though December 31, 2006)
)
(Identical-in-Substance
)
Rulemaking - Public Water Supply)
ORDER OF THE BOARD (by T.E. Johnson):
The Board today consolidates two dockets containing related amendments and extends
the deadline for completion of amendments in the consolidated docket. The consolidated docket
concerns Illinois regulations that are “identical in substance” to drinking water regulations
adopted by the United States Environmental Protection Agency (USEPA). The USEPA rules
implement Sections 1412(b), 1414(c), 1417(a), and 1445(a) of the federal Safe Drinking Water
Act (SDWA) (42 U.S.C. §§ 300g-1(a), 300g-3(c), 300g-6(a), and 300j-4(a) (2002)).
The Board also finds that extension of the completion deadline is necessary for this
consolidated docket under Section 7.2(b) of the Environmental Protection Act (Act), 415 ILCS
5/7.2(b) (2004). The final date for Board completion of the amendments is extended from
January 4, 2007 to April 30, 2007.
SUBSTANCE OF THE RULES AND THE ORIGINAL TIMETABLE
The Federal Rules Involved in SDWA Update Docket R07-2
The Board reserved docket R07-2 on May 16, 2006, to accommodate federal SDWA
amendments that USEPA adopted in the period January 1, 2006 though June 30, 2006. During
this period, USEPA adopted two significant new rules and three sets of corrections to those
rules. Those federal amendments to the National Primary Drinking Water Regulations are
briefly described as follows:
71 Fed. Reg. 388 (January 4, 2006)
Stage 2 Disinfectants and Disinfection Byproducts Rule (DBPR): The DBPR regulates
drinking water disinfection practices and the content of disinfection byproducts in
drinking water. The Stage 2 DBPR is intended to further reduce the risks of cancer and
reproductive and other health effects associated with disinfection byproducts. The Stage
2 rule includes maximum contaminant level standards and monitoring, reporting, and
public notification requirements for these contaminants. The Stage 2 rule applies to any
2
community water supply or non-transient, non-community water system that adds a
disinfectant other than ultraviolet light to drinking water. The Stage 2 DBPR is an
extension of the existing Stage 1 DBPR, adopted by USEPA on December 16, 1998 (at
63 Fed. Reg. 69390), and by the Board on July 22, 1999 (in docket R99-12). The DBPR
is a companion to the Enhanced Surface Water Treatment Rule (see the entry below for
the January 5, 2006 USEPA action). The federal amendments include corrections to
existing regulations and to the existing Stage 1 DBPR.
71 Fed. Reg. 654 (January 5, 2006)
Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR): The LT2ESWTR
requires the use of treatment techniques and imposes monitoring, reporting, and public
notification requirements on all systems that use surface water as a source of raw water.
USEPA intends that the rule protect against
Cryptosporidium
and other microbial
contaminants, like
Giardia lamblia
. The LT2ESWTR is an extension of earlier rules
pertaining to treatment of surface water that USEPA has adopted. USEPA adopted the
Surface Water Treatment Rule (SWTR) on June 29, 1989 (at 54 Fed. Reg. 27486), which
the Board adopted on May 24, 1990 (in docket R88-26). USEPA then adopted the
Interim Enhanced Surface Water Treatment Rule (IESWTR) on December 16, 1998 (at
63 Fed. Reg. 69478), which the Board adopted together with the Stage 1 DBPR (see the
entry for the USEPA action on July 4, 2006, above) on July 22, 1999 (in docket R99-12).
Later, USEPA adopted the Long Term 1 Enhanced Surface Water Treatment Rule
(LT1ESWTR) on January 14, 2002 (67 Fed. Reg. 1812), which the Board adopted on
December 19, 2002 (in docket R03-4). The LT2ESWTR is a companion to the Stage 2
DBPR (see the entry for the USEPA action of January 4, 2006, above).
71 Fed. Reg. 4644 (January 27, 2006)
USEPA corrected the January 4, 2006 Stage 2 DBPR.
71 Fed. Reg. 4968 (January 30, 2006)
USEPA corrected the January 5, 2006 LT2ESWTR.
71 Fed. Reg. 6136 (February 6, 2006)
USEPA again corrected the January 5, 2006 LT2ESWTR.
71 Fed. Reg. 37168 (June 29, 2006)
USEPA again corrected the January 4, 2006 Stage 2 DBPR.
The Federal Rules Involved in SDWA Update Docket R07-11
The Board has reserved docket R07-11 to accommodate federal SDWA amendments that
USEPA adopted in the period July 1, 2006 though December 31, 2006. During this period,
USEPA has so far adopted one significant new rule and one set of corrections to that rule. Those
federal amendments are briefly described as follows:
71 Fed. Reg. 65574 (November 8, 2006)
USEPA adopted the Ground Water Rule (GWR). The federal GWR amendment to the
3
National Primary Drinking Water Regulations is effective January 8, 2007. The GWR is
intended to increase protection against microbial pathogens in public water systems that
use ground water sources. The GWR requires disinfection as a treatment technique for
all public water systems, including surface water systems and ground water systems, as
necessary. The GWR targets ground water systems that are susceptible to fecal
contamination, instead of requiring disinfection for all ground water systems. The GWR
requires ground water systems that are at risk of fecal contamination to take corrective
action to reduce cases of illnesses and deaths due to exposure to microbial pathogens.
71 Fed. Reg. 67427 (November 21, 2006)
USEPA corrected the references to analytical methods for use under GWR.
The Original Timetable for Completion of the Amendments
Sections 7.2 and 17.5 of the Act (415 ILCS 5/7.2 and 17.5 (2004)) provide for quick
adoption by the Board of regulations that are identical in substance to federal regulations that
USEPA adopts to implement Sections 1412(b), 1414(c), 1417(a), and 1445(a) of the federal
SDWA. Section 17.5 also provides that Title VII of the Act and Section 5 of the Administrative
Procedure Act (APA) (5 ILCS 100/5-35 and 5-40 (2004)) do not apply to the Board’s adoption
of identical-in-substance regulations. Section 7.2(b) requires that “the Board shall complete its
rulemaking proceedings within one year after the adoption of the corresponding federal rule.”
415 ILCS 5/7.2(b) (2004). In the instance of the present docket, that date would be January 4,
2007, one year from the earliest federal amendments involved. In order to meet that deadline,
the Board must have fulfilled the following action dates:
Due date:
January 4, 2007
Proposal adopted date:
October 5, 2006
Publication submission deadline:
October 16, 2006
Illinois Register
publication date:
October 27, 2006
End of 45-day public comment period:
December 11, 2006
Adoption date:
December 21, 2006
Possible filing
and effective
date:
January 2, 2007
Possible
Illinois Register
publication date: January 12, 2007
BOARD CONSOLIDATION OF THE TWO SDWA UPDATE DOCKETS
R07-2 AND R07-11
The Board today consolidates the two SDWA update dockets, R07-2 and R07-11. The
subject matters of the amendments involved in the two dockets are related. Although each of the
three significant new federal rules involved will separately require the addition of one or two
new Subparts to the regulations, each new rule includes amendments to the existing rules. Some
of those amendments to the existing rules involve amendments to the same provisions--
i.e.
, there
is some overlap in the provisions involved in the three rules.
4
The Board finds that consolidation of the two dockets is desirable. Consolidation will
avoid unnecessary duplication of effort, conserve review time for the regulated community, the
public, and Board and Illinois Environmental Protection Agency staff, and it will expedite
adoption of all of the amendments.
EXTENSION OF THE TIME FOR COMPLETION OF THE PRESENT
AMENDMENTS
Section 7.2(b), however, further provides for extension of the deadline for final Board
action as follows:
The one-year period may be extended by the Board for an additional period of
time if necessary to complete the rulemaking proceeding. In order to extend the
one-year period, the Board must make a finding, based upon the record in the
rulemaking proceeding, that the one-year period is insufficient for completion of
the rulemaking, and such finding shall specifically state the reasons for the
extension. Except as otherwise provided above, the Board must make the finding
that an extension of time is necessary prior to the expiration of the initial one-year
period, and must also publish a notice of extension in the Illinois Register as
expeditiously as practicable following its decision, stating the specific reasons for
the Board's decision to extend. 415 ILCS 5/7.2(b) (2004).
The deadline for final Board action in this consolidated docket is January 4, 2007, which
is one year from the earliest amendments involved.
The Board finds it necessary to extend the one-year period for completion of the present
amendments. The Board finds the statutory one-year period in this consolidated docket is
insufficient for completion of the amendments. The Board was unable to initiate this rulemaking
earlier due to the unusually high demands on staff resources over the last several months as a
result of a greatly increased volume of complex federal rulemaking,
e.g.
, the very recently
completed consolidated underground injection control, municipal solid waste landfill, and
hazardous waste update docket, R06-16/R06-17/R06-18. In addition, the Board expects this to
be a lengthy rulemaking involving significant new rules and amendments to existing rules,
involving approximately 70 sections of the rules.
The Board presently anticipates that completion of the amendments in this docket can
occur by April 30, 2007, according to the following projected action dates:
Proposal adopted date:
February 1, 2007
Publication submission deadline:
February 12, 2007
Illinois Register
publication date:
February 23, 2007
End of 45-day public comment period:
April 9, 2007
Adoption date:
April 19, 2007
Possible filing
and effective
date:
April 30, 2007
Possible
Illinois Register
publication date: May 10, 2007
5
The Clerk of the Board will cause publication of a notice of this extension to appear in
the
Illinois Register
that sets forth the foregoing explanation for the extension.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on December 21, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
