IN THE MATTER OF:
PROPOSED AMENDMENTS TO:
35 III. Adm. Code 302.102(b)(6), 302.102(b)(8)
302.102(b)(10), 302.208(g), 309.103(c)(3),
405.109(b)(2)(A), 405.109(b)(2)(B), 406.100((d)
REPEALED 35 III. Adm. Code 406.203 Part 407, and
PROPOSED NEW 35 III. Adm. Code 302.208(h)
Pollution
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CControl
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NE:
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ERK'S OFF/CP
JUN 0 2 2008
S
TATE
B
o
ard
R07-009
Rulemaking – Water
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOTICE OF FILING
TO: See Attached Service List
PLEASE TAKE NOTICE that the Environmental Law and Policy Center of the
Midwest ("ELPC"), Prairie Rivers Network and the Sierra Club today have filed the
attached SECOND NOTICE COMMENTS OF PRAIRIE RIVERS NETWORK,
SIERRA CLUB AND THE ENVIRONMENTAL LAW & POLICY CENTER.
Respectfully submitted,
Albert F. Ettinger (Reg. No.
3125045)
Counsel for Environmental Law &
Policy Center, Prairie Rivers
Network and Sierra Club
DATED: June 2, 2008
E OF ILLINOIS
9tRrAttol
Board
CERTIFICATE OF SERVICE
RECEIVED
CLERKS OFFICE
JUN 0 2 2008
I, the undersigned, on oath state that I have served the attached SE
NOTICE COMMENTS OF PRAIRIE RIVERS NETWORK, SIERRA CL
ENVIRONMENTAL LAW & POLICY CENTER upon the persons listed in the attached
service list via U.S. Mail.
Respectfully submitted,
Albert F. Ettinger (R No.
3125045)
Counsel for Environmental Law &
Policy Center, Prairie Rivers
Network and Sierra Club
DATED: June 2, 2008
SERVICE LIST- R07-009
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 W. Randolph St.
Suite 11-500
Mathew Dunn
Illinois Attorney General's Office
Environmental Control Division
James R. Thompson Center
100 West Randolph Street
Chicago, IL 60601
Marie Tipsord, Hearing Officer
Illinois Pollution Control Board
100 W. Randolph St.
Suite 11-500
Jonathan Furr
IDNR
One Natural Resources Way
Springfield, IL 62701-1271
Sanjay K. Sofat, Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
BEFORE THE ILLINOIS POLLUTION CONTROL BOAREF
CLERK'S
t
EC EIVED
OFFICE
IN THE MATTER OF:
0 R I GI I\ A L
?
JUN 0 2 2008
STATE OF ILLINOIS
Pollution Control Board
PROPOSED AMENDMENTS TO:
) R07-009
35 Ill. Adm. Code 302.102(b)(6), 302.102(b)(8)
) Rulemaking
– Water
302.102(b)(10), 302.208(g), 309.103(c)(3),
)
405.109(b)(2)(A), 405.109(b)(2)(B), 406.100((d) )
REPEALED 35 Ill. Adm. Code 406.203 Part 407, and )
PROPOSED NEW 35 Ill. Adm. Code 302.208(h) )
SECOND NOTICE COMMENTS OF PRAIRIE RIVERS NETWORK, SIERRA CLUB
AND THE ENVIRONMENTAL LAW
&
POLICY CENTER
Prairie Rivers Network, the Illinois Chapter of the Sierra Club and the Environmental
Law & Policy Center hereby comment on the Proposed Second Notice in the matter of Triennial
Review of Sulfate and Total Dissolved Solids Water Quality Standards (Rulemaking R07-09).
The Second Notice proposal contains two changes to the language proposed in the First
Notice. We believe that the second of the two changes should be reworked slightly.
1).
Calculating a sulfate standard when chloride levels exceed the 500 mg/L standard
We thank the board for addressing our concerns by modifying the Agency's proposed
language for Section 302.208(h)(3)(C) to describe how a sulfate standard would be determined
for waters where chloride levels exceed the 500 mg/L water quality criterion. While we do not
fully agree with the United States Environmental Protection Agency's objection to the First
Notice language, the modified language contained in the Second Notice also addresses our
concerns.
2).
Calculating mixing zones when the dilution ratio in receiving waters is less than 3:1
The Board's First Notice modification of the Agency's proposal for 301.102(b)(8), which
codified the Agency's practice for calculating mixing zones in certain cases, addressed our
concerns. Unfortunately, the Revised Second Notice language, while giving the Agency
flexibility it requested, will not cure the problems we pointed out during the hearing.
In fact, in our experience it is very rare for IEPA in permit writing actually to demarcate a
mixing zone or determine zones of passage. Normally permit writers simply assume that there
will be a zone of passage equivalent to the dilution ratio and apply the existing rule to mean that
25% of the critical low flow (normally the low 7q10 flow) should be used in calculation of water
quality based effluent limits. For example, if the low flow of the receiving stream is 92 cubic feet
per second (cfs), it is assumed that 23 cfs is "available for dilution." (see, attached example
ammonia worksheet for McHenry South permit) As a practical matter, it is even more unlikely
that IEPA will take steps in permit writing to demarcate a zone of passage in the small streams
that often will be the subject of this provision.
Accordingly, we suggest the following compromise language for the final change to the
existing rule:
The area and volume in which mixing occurs, alone or in
combination with other areas and volumes of mixing must not
contain more than 25% of the cross-sectional area or volume of
flow of a stream except for those streams where the dilution ratio is
less than 3:1. In streams where the dilution ratio is less than 3:1,
the volume in which mixing occurs, alone or in combination with
other volumes of mixing must not contain more than 50% of the
volume flow unless it is demonstrated in the record that an
adequate zone of passage has been provided in compliance with
Section 302.102(b)(6).
epee-in-ten-yearst
This compromise language would provide some flexibility to the Agency but would not
generally allow the Agency to assume that there will be a zone of passage in cases in which the
discharge is more than 50% of the volume of flow.
Respectfully submitted,
Glynnis Collins
cgis-__?
frtr-,
Watershed Scientist
Prairie Rivers Network
Cynthia
brutkcestst9c
Skrukrud
Clean Water Advocate
Sierra Club, Illinois Chapter
Albert Ettinger
Senior Staff Attorney
Environmental Law & Policy Center
May 30, 2008
Ammonia Worksheet
Discharger:
McHenry • South Expanded Facility ?
NPDES 1L0066257 ?
Date:
Receiving Stream (BSC rating):
?
Fox River (C)
Calculation of the total ammonia (as N) water quality standard
pH and temperature values used In calculation?
Total ammonia (as N) water quality standard
pH
?
temp
?
Chronic?
Acute
50th %ile?75th %ile?
75th %de?
(50Ih %ile)?(75th %ile) 175th %Ile/
Spring/Fall
8.31
8.59
18.8
Spring/Fall
1.1
0.7
2.7
Summer
8.42
8,49
25.8
Summer
0.6
0.5
3,3
Winter
8.05
8.36
5.8
Winter
37
2.2
4.2
Data Source .?AWQMN station, DT-22, Fox River, at Burton's
Bridge,
for the dates Jan. 1997 to Dec. 2001.
Note Calculation of total ammonia (as N) water quality standards are based on the algorithms found at 35 IAC 302 212(b) and
recommended water quality based limits for ammonia are derived pursuant to methodologies outlined at 35 IAC Pan 355.
Spring/Fall constists of
March -
May, September - October.
Summer consists of Jane - August.
Winter consists of November - February.
Chronic Wasteload Allocation
Dee /Cds(Qus*Cie)-CusQus]
I
De
?
Effluent Flow (0e):
?
132 cis
Upstream 7010:
?
92 cfs
?
7010 for dilution (Qua):?
23 cis
background concentrations.
?
spring/fall?
0.066 mg/L
?
summer
?
0.073 mg/L
?
winter
?
0.185 mg/L
DAF (1.5 MGD)
Source:?
ISWS map of the Northeastern Region.
Source:
?
AWCIMN station, DT-35, Fox River, at Wisconsin State Line,
for the calandar years 1994, 1995, 1996, 2000 and 2001.
wasteload allocation
?
spOng/fall
?
1.1 mg/L
?
(based on 75th percentile pH and mixing)
?
summer? 5.1 mg/L?
(based on 75th percentile pH and mixing)
?
winter
?
22.6
mg/L?
(based on 75th percentile pH and mixing)
Note. Chronic wasteload allocations are calculated using a steady
-
state mass balance approach and procedures found al 35 MC 355.703
Acute Wasteload Allocation
Ce= S(Cds-Cus)+Cus
predicted
diameter of
stream
outfall
widthpipe
:
?575
(d)
?
1.17
ftft
?
wasteload allocation
?
spring/fall
?
9.8
mg/L
maximum ZID radius My
?
14 375 ft?
summer
?
71.8 mg/L
S . 0 3 (x/d) .?
3.685897436?
winter
?
15.0
mg/L
Note Acute wasteload allocations are determined using the let-momentum equation found in USEPA's Technical Support Oocument for
predicting near-field mixing characteristics Outfall pipe diameters are based on Manning's equation and nth) 013
WOBELS Recommended: Daily Maximum:
?
spring/fall?
9.8 mg/L
summer
?
11.8 mg/L
winter
?
15.0 mg/L
30-
day Average:?
spring/fall?
1.5
mgli..••
Slimmer?
1.5 mg/L"
winter
? 4.0 mg/C'
Weekly Average*:
?
spring/fall
?
N/A mg/L
summer
?
N/A mg/L
winter
? N/A mg/L
-
Note: Weekly average limits are based on the subchronic standard which is defined as 2.5 times the chronic
lima at 35 IAC 302 212(b)(3) and Part 355.
Note: L
imited
to 1 5/1.5/4.0 mg/L for the spring/fall, summer, and winter
periods respectively based on the
Agency policy for facilities that are designed to nitrify.