IN THE MATTER OF:
)
INTERIM PHOSPHORUS EFFLEUNT
STANDARD, PROPOSED
35
ILL. ADM.
CODE 304. 123(G-K)
DATE, TIME, AND PLACE:
)
NOTICE
OF HEARING
OCTOBER 25-26, 2004
10:00 a.m.
ILLINOIS DEPARTMENT OF NATURAL RESOURCES
LAKEVIEW A, B, AND C
ONE NATURAL RESOURCES WAY
SPRINGFIELD, ILLINOIS
PURPOSE OF HEARING
Merit and Economic
ATTENDING BOARD MEMBERS:
Thomas E. Johnson
HEARING OFFICER:
John Knittle
HEARING
OFFICER
ORDER
Bat~igrn’wd
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 of developing 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/I 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 of 25
In compliance with the Americans with Disabilities Ata and other applicable federal and State laws, the hearing will he accessible to individuals with
disabilities. Persons requiring auxiliary aids and services should contact Dorothy Dunn. Clerk of the Board, at 100 West Randolph St., Suite 11-500.
Chicago. Illinois 60601. at telephone number 312/S 14-6931, fax number 312/814-3669, or ‘I’DJ.) number 312/814-6032, five days prior to the
hearing.
ILLINOIS POLLUTION CONTROL BOARD
September 27, 2004
)
)
)
CLERK~SOFFICE
SEP 29
2004
R04-26
STATE
OF
ILLINOIS
(Rulemaking
- Water)
P011~10flCOntrol Board
2
lbs/day or 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/l 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 hearing be scheduled on the proposal. A hearing was held on Monday, August 30, 2004.
The Agency presented three witnesses at the hearing: Toby Frevert, Robert Mosher, and Paul
Terrio.
Hearing
The Board will hold an addition hearing in this proceeding starting on October
25,
2004, at the time and place as noticed above. The hearing will be held at the Illinois
Department of Natural Resources Building at ‘the IlIin~isStateFairground. I hose attending
should enter by Gate 7 on Taintor Roard and park in Lot 21 on the left after entering the State
Fair Grounds. Driving directions are available from the Illinois Department of Agriculture’s
web site at www.agr. state.il.us/isf/maps.
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
October
15,
2004. Persons may receive a copy of the 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, October 18, 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.
IT IS SO ORDERED.
/~ ~‘
14~li~n
Kmttle
earing Officer
Illinois Pollution Control Board
2125 South First Street
Champaign, Illinois 61820
(217) 278-3111
