ILLINOIS POLLUTION CONTROL BOARD
July 26, 2004
RC!~K~)
iN THE MATTER OF:
)
JUL 26 2OU~
INTERIM PHOSPHORUS EFFLEUNT
)
R04-26
STANDARD, PROPOSED
35
ILL. ADM.
)
(Rulemaking
-
Water~°
CODE 304.123(G-K)
)
NOTICE OF HEARING
DATE, TIME, AND PLACE:
AUGUST 30-31, 2004
9:30a.m.
MICHAEL A. BILANDIC BUILDING
160 NORTH LASALLE STREET
5TH FLOOR, ROOM N502
CHICAGO, ILLLINOIS 60601
PURPOSE OF HEARING:
Merit and Economic
ATTENDING BOARD MEMBERS:
Thomas E. Johnson
HEARING OFFICER:
John Knittle
HEARING
OFFICER
ORDER
Background
On
May 14, 2004, the Illinois Environmental Protection Agency (Agency) filed
a
proposal under Section 28 ofthe Environmental Protection Act (Act) (415 ILCS
5/28
(2002)), to
set an interim phosphorus effluent standard by adding five new subsections (g-k) to existing 35
Ill. Adm. Code 304.123.
The Agency asserts that it is in the process ofdeveloping State numeric nutrient standards
and expects to file a petition with the Board in early 2007. Pet. at 7-8. The Agency is proposing
this interim effluent standard apply until the Board adopts a numeric water quality standard for
phosphorus. The proposed phosphorus effluent limit of1.0 mg/l as a monthly average would
apply to new or expanded discharges from treatment works with a designed average flow over
1.0 mgd receiving municipal or domestic wastewater, or a total phosphorus effluent load of25
in compliance with the Americans with Disabilities Act and other applicable federal and State laws, the learing will be accessible to individuals with
disabilities. Persons requiring auxiliary aids and services should contact Dorothy Gunr.~,Clerk of the Board, at 100 West Randolph St., Suite 11—500.
Chicago,
Illinois 60601. at telephone number 312/814-6931. fax number
312/814-3669,
or TDD ixumber 312/814-6032, five days prior to the
bearing.
2
lbs/dayor more. However, if the source can demonstrate that phosphorus is not limiting nutrient
in the receiving water or that alternative phosphorus effluent limits are warranted by the aquatic
environment in the receiving water, the 1.0 mg/i limit would not apply. Pet. at 25-26.
On June 3, 2004, the Board opened a new regulatory docket forthis matter, and directed
that a hearingbe scheduled on the proposal.
Hearing
Persons wishing to testify at the hearing shall prefile the testimony with the Board and
serve the testimony on the hearing officer and all persons on the service list no later than August
16, 2004. Persons may receive a copy ofthe service list by contacting the hearing officer or
Nancy Miller at (217) 278-3109.
The parties are directed to participate in a final pre-hearing telephone status conference
on Monday, August23, 2004 at 9:30 a.m. The petitioner shall initiate the call. At that time, the
parties must be prepared to disclose witnesses for the hearing, and address any final pre-hearing
issues.
This hearing will also be held to fulfill the requirements of Section 27(b) ofthe
Environmental Protection Act (Act). 415 ILCS
5/27(b)
(2000). Section 27(b) ofthe Act requires
the Board to request DCEO (formerly Department ofCommerce and Community Affairs) to
conduct an economic impact study (EcIS) on certain proposed rules prior to adoption ofthose
rules. If DCEO chooses to conduct the EcIS, they have 30 to 45 days after such request to
produce a study ofthe economic impact ofthe proposed rules. The Board must then make the
EcIS, orDCEO’s explanation for not conducting the study, available to the public at least 20
days before a public hearing on the economic impact ofthe proposed rules.
On June 18, 2004, the Board requested that DCEO conduct an economic impact study for
the above-referenced rulemakings. In a letter dated April 17, 2003, DCEO stated that it does not
have the financial resources to perform such analyses or contract a private vendor for their
completion. DCEO offered the April 17, 2003 letter as its formal response to all current and
future proposed Board rulemakings and DCEO’s statutory obligation to perform an ECIS. Both
letters are available for review at the Board’s Chicago Office, James R. Thompson Center, 100
West Randolph, Suite 11-500, Chicago, Illinois.
3
IT IS SO ORDERED.
ohn Knittle
Hearing Officer
Illinois Pollution Control Board
2125 South First Street
Champaign, Illinois 61820
(217) 278-3111