I-
L
RECEIV
CLERK'S OFFICE
E
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC 2 2 2006
IN THE MATTER OF
:
Pol
uAion
~oritrol
Board
)
PROPOSED AMENDMENTS TO
)
R04-25
DISSOLVED OXYGEN STANDARD
)
35 TILL. ADM . CODE 302
.206
)
,,G)A 163
NOTICE
~J
TO:
Dorothy Gunn, Clerk
/
Richard McGill, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R
. Thompson Center
James R. Thompson Center
100 W
. Randolph Street 11-500
100 W
. Randolph Street, Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois 60601
SEE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that I have filed with the Office of the
Clerk of the
Pollution Control Board the Illinois Environmental Protection
Agency's
Pre-First Notice
Comments
on behalf of the Illinois Environmental Protection Agency,
a copy of which is
herewith served upon you
.
Date
: December 20, 2006
ILLIN IS
VIRONMENTAL PROTECTION
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
Y
e N
. Diers
stant Counsel
sion of Legal Counsel
THIS FILING IS SUBMITTED ON RECYCLED PAPER
O R
I
U IN
A
A
L
RECEI V
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERKS
OFFIED
IN THE MATTER OF :
)
PROPOSED
AMENDMENTS TO
DEC
2 2 2006
)
R04-25
DISSOLVED
OXYGEN STANDARD
STATOF ILLINOIS
)
Pollution
35 III. Adm . Code 302 .206
Control Board
)
Illinois EPA's Pre-FirstNotice Comments
Now comes the Illinois EPA ("IEPA"),
by and through one of its attorneys,
Stefanie N . Diers, and hereby respectfully submits to the Illinois Pollution Control
Board ("the Board") its Pre-First Notice Comments in the above captioned
regulatory proceeding
. In support thereof, IEPA states as follows:
Introduction
In April 2004, the Illinois Association of Wastewater Agencies ("IAWA")
filed its proposal to amend the dissolved oxygen standard for Illinois waters
designated for General Use
. In response to IAWA's proposal, the Illinois
Department of Natural Resources ("IDNR") and IEPA recommended alternative
revisions to the dissolved oxygen standard and filed their recommendations with
the Board in April 2006 .
There have been five hearings in this matter over the past two years
; all
agree that the current standard for Illinois General Use waters is too simplistic
and inadequately accounts for how dissolved oxygen concentrations vary across
a broad range of natural aquatic conditions throughout Illinois
.
However, IEPA cannot support the proposal submitted by IAWA
. The
dissolved oxygen standards proposed by IAWA fails to adequately protect some
Illinois fish and stream macroinverebrates that require minimum dissolved
1
oxygen levels higher than the minima represented by the IAWA-proposed
standards.
In response to IAWA's proposal, IEPA and IDNR collaborated extensively
to develop the technical basis for and to perform the analyses that resulted in the
joint recommended revisions to the dissolved oxygen standard . The
recommendations by IDNR and IEPA will adequately protect Illinois aquatic life
while providing a more realistic and . useful standard ; the recommended revisions
will improve IEPA's ability to focus on those streams that are truly having or are
most likely to have dissolved oxygen problems .
IEPA and IDNR's recommended revisions differ from IAWA's proposed
revisions in the following ways : 1) IEPA and IDNR define two levels of numeric
standards, with a higher level that provides enhanced protection in waters that
have organisms especially sensitive to low dissolved oxygen levels ; 2) IEPA and
IDNR provide a narrative standard for waters that naturally cannot achieve
consistently higher levels of dissolved oxygen, e .g., wetlands, sloughs, river
backwaters, and lake and reservoirs below the thermocline
; 3) IEPA and IDNR
recommend a longer period for the protection of early life stages of fish : March-
July
; and 4) consistent with USEPA 1986 national criteria document, IEPA and
IDNR have included a 30-day chronic dissolved oxygen standard,
i.e ., daily mean
averaged over 30 days
. (Exhibit 23, P . 2-3).
There appears to be just a few areas of disagreement remaining between
IAWA's proposal and the joint recommendations by IDNR and IEPA and these
2
comments will focus on those remaining issues, as well as addressing issues
raised by other participants.'
Discussion
I.
Waters Selected For The Higher
Level of Dissolved Oxygen
Dennis Streicher testified that IAWA is most concerned about how the
enhanced segments were selected by IDNR and IEPA . (R. of November
2006,
P . 68) . Mr
. Streicher also testified that such selection by IDNR and IEPA was
arbitrary and the chosen segments were scattered across the state
. (R. of
November
2006, P . 72-73) .
Contrary to Mr
. Streicher's interpretations, the analysis and selection of
the Illinois streams that require higher levels of dissolved oxygen was not
arbitrary
. Rather, as explained in the joint technical support document (Exhibit
23)
and as reflected in testimony by IEPA and IDNR, agency experts who know
and understand Illinois streams and their resident aquatic life collaborated in a
process that resulted in a subset (list) of General Use waters selected for higher
dissolved oxygen standards
. The basis for this list is well-documented and
supported by the collective experience and expertise of IDNR and IEPA biologist
.
(Exhibit 23) .
This list is a primary feature of updating the current dissolved
oxygen standard
. IEPA believes that incorporating this list of selected waters in
the standard is necessary to provide adequate protection for aquatic life in
streams throughout the entire state
.
'
Since the filing of IEPA and IDNR's recommended revisions to the dissolved oxygen standard, IAWA
has stated on the record that they support the narrative standard proposed by the Agencies and that they
support the addition of the 30-day chronic standard
. (R. of November 2006, P . 167 &182) .
3
IDNR and IEPA testified that some Illinois waters
(i.e., about 8% of the
General Use stream miles) warrant dissolved oxygen levels higher than U
.S.
Environmental Protection Agency's (USEPA) "warmwater' criteria
. This subset
of Illinois waters need higher standards because of a meaningful amount of fish
and macroinvertebrates that are more sensitive to low dissolved oxygen than the
relatively few organisms on which the USEPA's "warmwater' criteria are based .
(R . of April 2006, P . 33 and 34)
. IEPA and IDNR also testified that the dissolved
oxygen necessary to protect the aquatic life in this selected subset of General
Use waters is intermediate between the "coldwater" criteria and the "warmwater'
criteria recommended in USEPA's national criteria document . (R. of April 2006,
P. 33) .
Roy Smogor from IEPA testified that he spoke with Edward T
. Rankin
about how Rankin's research of Ohio fishes and dissolved oxygen could help
assist IEPA and IDNR identify Illinois fish species that were especially sensitive
to low dissolved oxygen and thus deserving of dissolved oxygen standards
higher than those based on the USEPA "warmwater' criteria
. (R. of April 2006,
P. 35)
. The two agencies then worked together to analyze which stream sites
had a meaningful amount of sensitive organisms . (R
. of April 2006, P . 35). After
this analysis, IEPA and IDNR extrapolated the site-specific information and
reviewed these extrapolations to identify a subset of General Use stream
segments in Illinois that need dissolved oxygen standards higher than those
based on the US EPA "warmwater" criteria . (R
. of April 2006, P . 38-45) . The
resulting two levels of recommended dissolved oxygen standards are based
4
directly on an understanding of the differences in dissolved oxygen sensitivities
among the biological communities occurring throughout Illinois . (R. of April 2006,
P. 122)
. IEPA and IDNR are recommending higher dissolved oxygen standards
for the locations (stream segments) believed to harbor meaningful amounts of
the organisms that need dissolved oxygen higher than the levels represented by
the USEPA "warmwater" criteria and higher the IAWA's proposed standards
.
II .
6.25 Milligrams Per Liter As A Daily Average Over Seven Days
IAWA stated at the November 2006 hearing that they disagree with the
inclusion of 6 .25 milligrams per liter as a daily average over seven days as
recommended by IDNR and IEPA . (R . of November 2006, R
. 77-78)
.
Mr.
Streicher testified that the number chosen by IEPA and IDNR had no basis and
was nothing more than a compromise
. (R. of November 2006, P . 76).
However, IDNR and IEPA testified that 6
.25 was chosen because it
represents the midpoints point between the USEPA "coldwater" and "warmwater"
chronic criteria. (R. of April 2006, P. 111, Exhibit 23, P . 8). IEPA and IDNR
applied a technically sound, common-sense approach when selecting this
number . (R . of April 2006, P . 111). IEPA and IDNR recognized and provided
scientific evidence that some types of fish and aquatic macroinvertebrates that
live in Illinois streams needed more protection than that provided by the USEPA
"warmwater" criteria or by the IAWA proposed standards
. However, these Illinois
organisms do not necessarily need protection at the highest levels, as required
by salmonids (i.e .
trout and salmon) . (R. of April 2006, P. 111). Therefore, a
reasonable midpoint was chosen
.
5
Ill .
Early Life Stage Period
Compared to the IAWA proposal, IEPA and IDNR is recommending a
longer early life stages present period (i
.e ., extending through July 31) for the
protection of early life stages of fish and to ensure the long-term survival and
viability of Illinois fish species, including smallmouth bass and channel catfish
.
(R .of April 2006, P. 44 & Exhibit 23, P . 23-31) .
The USEPA's 1986 national criteria document for dissolved oxygen clearly
emphasizes the need to protect for early life stages of fish . (Exhibit 2, P . 4 & 33) .
USEPA defines early life stages as, "Includes all embryonic and larval stages
and juvenile forms to 30-days following hatching
. (Exhibit 2, P . 34). Based on
the scientific literature, IAWA's June 30 cut-off date likely fails to provide
sufficient time for the protection of post-hatch and embryonic and yolk-sac fry
development for several Illinois fish species . (R. April 2006, P
. 44 & Exhibit 23,
P . 26-31) .
In Illinois, protecting the early life stages of fish through July 31 ensures
adequate dissolved oxygen levels for these most-sensitive life stages and will
also ensure that all later-spawning fish species will have completed a substantial
majority of their spawning and fry development during the time when appropriate
higher dissolved oxygen standards are in effect
. (R. of April 2006, P . 44 &
Exhibit 23, P . 23-31)
. Moreover, to adequately protect all Illinois fish in General
Use Waters, ]EPA and IDNR determined that the early life stages must include
not only the typical early spawning period, but also part of the late spawning
.
This aspect accounts for the fact that, in some years, the relative importance of
6
the late-spawned fish is much greater than in a typical year when the majority of
recruitment comes from the earlier-spawned individuals
. (Exhibit 23, P . 24-25) .
IAWA testified June 30 is the appropriate ending date of for the early life
stages. (R. of November 2006, P . 90-91). Dr
. James Garvey testified that
whatever spawning occurs toward the end of the spawning period (in many
cases these are July and August) is largely unimportant to the well being of the
species. (R . of August 2005, P . 79-100 & Exhibit 16, attachment 8) .
IDNR and IEPA reviewed the available literature for Illinois fishes that
spawn in either the late spring or primarily in the summer . (Exhibit 23, P . 25-31) .
Based on the literature and on first-hand knowledge and field observations by
IDNR, the Agencies concluded that an additional 30-day period (i.e.,
through July
31) is necessary to ensure the long-term survival and viability of fish species in
Illinois General Use waters .
IV. Regulatory Language & Section 302 . Appendix D
Based on questions and suggestions made at the hearings, IEPA has
made a few changes to the regulatory language proposed in April of 2006
.
In Section 302
.206 Dissolved Oxygen, the following changes are being
made to paragraphs (a), (b)(1),2(B) and (d)(4):
General use waters shall maintain dissolved oxygen concentrations at or above
the minimum values contained in subsections (a), (b) and (c) of this Section
.
(a)
General use waters at all locations shall maintain sufficient dissolved
oxygen concentrations to prevent offensive conditions as required in Section
302 .203 of this Part . Quiescent and isolated sectors of General Use waters
including but not limited to wetlands, sloughs, backwaters and
below the
thermocline in lakes and reservoirs below the thermon-lane shall be maintained at
sufficient dissolved oxygen concentrations to support their natural ecological
functions and resident aquatic communities .
7
(b)
Except in for those waters identified in Appendix D of this Part, the
dissolved oxygen concentration in the main body of all streams, in the water
above the thermocline of thermally stratified lakes and reservoirs, and in the
entire water column of unstratified lakes and reservoirs shall not be less than the
following :
(1) During the period of March through July,
.
(A) 5.0 mg/I at any time; and
(B) 6.0
mg/I as a daily mean averaged over 7 days.
(2) During the period of August through February,
(A) 3.5 mg/I at any time;
(B) 4.0
mg/I as a daily minimum averaged over 7 days and,
(C) 5.5 mg/I as a daily mean averaged over 30 days .
(c)
The dissolved oxygen concentration in all sectors within the main body of
all streams and rivers identified in Appendix D of this Part shall not be less than
:2
(1) During the period of March through July, a dissolved oxygen
(A) 5.0 mg/I at any time ; and
(B) 6.25
mg/I as a daily mean averaged over 7 days .
(2) During the period of August through February, a dissolved
(A) 4.0
mg/I at any time ;
(B) 4 .5 mg/I as a daily minimum
averaged averages over 7 days
; and
(C) 6.0 mg/I as a daily mean averaged over 30 days
.
(d)
Assessing attainment of dissolved oxygen mean and minimum values
.
(1) Daily mean is the arithmetic mean of dissolved oxygen values
measured in a single 24-hour calendar day .
(2) Daily minimum is the minimum
dissolved oxygen value as measured
in a single 24-hour calendar day .
2
After reviewing the language, IEPA is striking rivers from the proposed regulatory language
. Using
"streams" and "rivers" in the same sentence seemed redundant .
8
(3) The measurements of dissolved oxygen used to determine attainment
or lack of attainment with any of the dissolved oxygen standards in this Section
must assure daily minima and daily means that represent the true daily minima
and daily means.
(4) The dissolved oxygen values used in calculating or determining any
daily mean or daily minimum should not exceed the
air-equilibrated 100% air
satiation value .
Also, after further review a change needs to be made in Appendix D, P
.3.
A segment was mistakenly listed on the Enhanced Dissolved Oxygen List .
Therefore, the change is as follows
:
V.
Data Requested by IAWA
IEPA recognizes the need for additional dissolved oxygen continuous
monitoring data and has committed staff and resources to meet this goal
. At the
April hearing, Dr
. Garvey indicated that he (IAWA) would like IEPA to resample
the sites collected in 2005. (R. of April 2006, P
. 104). Following that hearing, Mr .
Matt Short from IEPA called Dr
. Garvey on May 4, 2006 to let him know this
would not be possible due to the rotating basin program the Agency uses to
monitor statewide on a 5-year schedule
.
IAWA (Mr. Streicher) initially contacted IEPA (Mr
. Short) via phone call on
August 22, 2006 to request the continuous monitoring data being collected by the
Agency during 2006
. IEPA was unable to comply with the request as this was
during the middle of the basin sampling season (July 1 -
Oct 15) and the data
were actively being collected
. IEPA typically provides data to outside users in the
9
-Des -Pka'nes Rive
215
Start 41 .3023135006460
88 .25901242255285 Grundy
End 11 .1325013563553
88.1725611633353
Will
spring of the year following the collection . For 2006, the Agency's continuous
dissolved oxygen monitoring focused on streams that were currently on the
303(d) list as impaired due to low dissolved oxygen
. The dissolved oxygen
monitoring sites corresponded to the regularly scheduled intensive basin sites,
where fish, macroinvertebrates, habitat and sediment chemistry and multiple
water chemistry samples were also collected . The continuous dissolved oxygen
monitoring consisted of two 7-day monitoring events, one prior to July 31 and
one after, to reflect the seasonal limits in the proposed dissolved oxygen rule .
The IAWA has emphasized much of the continuous monitoring data that
has been collected by its members . (R. of November 2006, P . 74-75) . IEPA
recognizes the commitment involved by the IAWA members in this effort . Some
sites were able to meet the proposed standard and some were not but no
corresponding information about the actual biological conditions at the locations
was provided . Mr. Frevert testified that when dissolved oxygen levels fall below
the proposed standard that organisms may be under stress . (R. of November
2006, P. 30) . Mr. Pescitelli, from IDNR, noted at the November hearing that
dissolved oxygen sensitive fish sought areas of higher dissolved oxygen during
times of low dissolved oxygen on the Fox River
. (R. of November 2006, P . 34).
IEPA believes that statewide information is needed, not just a limited set of
waters receiving effluent discharges, to better understand the dynamics of
dissolved oxygen in Illinois streams .
10
VI . Technical Feasibility and Economic Reasonableness
The authority for the Board to adopt water quality standards is found in
Section 13(a) of the Environmental Protection Act ("Act") which provides "The
Board . . . . may adopt regulations to . . . .prescribe
: (1) Water quality standards
specifying among other things, the maximum short-term and long-term
concentrations of various contaminants in the waters,
the minimum permissible
concentrations of dissolved oxygen and other desirable matter in the
waters, and the temperature of such waters ." [415 ILCS 13(a)(1)] (Emphasis
added)
. Among other things, Section 27(a) of the Act directs the Board to take
into account "the technical feasibility and economic reasonableness of measuring
or reducing the particular type of pollution" when conducting any substantive
rulemaking. See 415 ILCS 27(a).
The amendments to the General Use water quality standard for dissolved
oxygen recommended by IEPA and IDNR are technically feasible and
economically reasonable
. The Board found the regulation of dissolved oxygen to
meet this test when it adopted the existing General Use regulation
. In nearly
every instance, this rulemaking is expected to be less restrictive than the current
dissolved oxygen standard and therefore less likely to yield exceedances
(violations) of no environmental significance
. IEPA believes this joint IEPA-IDNR
recommendation will actually be economically beneficial by more accurately
focusing environmental management resources toward water resources in need
with a standard more accurately reflecting the needs of the aquatic community .
11
In adopting an ambient water quality standard for dissolved oxygen, the
Board is not tasked with "reducing" or "measuring" a particular type of pollution
as referred to in Section 27(a) of the Act ; but instead with determining what level
of dissolved oxygen in the environment is necessary for the protection of aquatic
life. While the Board must analyze whether there are any economic factors
relevant to this rulemaking, what the Board may not do in this matter is use
economic factors to override scientific ones as it may do in a use attainability or
regulatory relief proceeding . See, 40 C .F.R. 131 .4, 131 .5, 131 .10 and 131
.10
.
The Board's responsibility under the Clean Water Act is to update outdated
standards to reflect the current science as represented by the IEPA and IDNR
technical support document .
VII. Use of Dissolved Oxygen Data
IAWA has indicated numerous times in this proceeding that "the data
supports its proposal" yet they have never explained to the Board how to make
use of available dissolved oxygen data and how this information would support
its proposal over the one submitted by IEPA and IDNR . Both proposals begin
where most water quality standard proceedings start with a National Criteria
Document developed by USEPA
. In this case, the most recent NCD for
dissolved oxygen is from 1986. That document is an important foundation . It
recommends different standards for the protection of species that are most
sensitive to low dissolved oxygen ("coldwater) vs
. those that are less sensitive to
low dissolved oxygen ("warmwater')
. Specifically, the NCD limits "warmwater"
species to those species that are equally or more tolerant of low dissolved
12
oxygen levels as are largemouth bass (as adults) or channel catfish (as early life
stages). The record shows that Illinois streams contain numerous fish species
whose sensitivity to dissolved oxygen falls in between the needs of the NCD
"warmwater" fishes and those of the "coldwater" salmonid species . (R . April
2006, P. 33-34 & 97-98 & Exhibit 23 at 27-31) .
IEPA and IDNR developed a technically sound and reasonable
methodology to address this failing in the IAWA proposal and adapted the NCD
to Illinois in a scientifically defensible manner. (R . April 2006, P . 40-43 & Exhibit
23).
Additionally, the NCD allows for less restrictive dissolved oxygen
standards during times of the year when sensitive life stages of fishes are not
expected to be present . However, in order to incorporate this aspect into the
dissolved oxygen standard, the State must demonstrate that the recommended
periods accurately reflect the specific conditions present in the State . IAWA's
proposal is under-protective in this respect as well . Only by adopting an ending
date of July 31 for the sensitive life stage period will the Board be consistent with
the NCD and protective of aquatic life .
There has been much discussion about ambient dissolved oxygen
measurements in this proceeding
. Much data has been presented to the Board
with little context regarding the meaning or possible interpretations of that data .
In a more conventional water quality standard proceeding, ambient data is not
used to drive the value set by the Board but to give the Board some insight into
whether or not the proposed standard is likely to be attained in most areas of the
13
State . In proposing standard changes to the Board, IEPA relies primarily on
laboratory studies that evaluate the acute and chronic impacts to aquatic life of
varying levels of a pollutant . The stakeholders to this proceeding seemed to
agree (until Dr . Garvey's final pre-filed testimony) that the impacts of "desirable"
parameters like dissolved oxygen -as compared to toxics-- are less accurately
measured by laboratory studies . There is no disagreement that there are areas
of the State that do not always attain the current standard . There is also no
disagreement that both the IAWA proposal and IEPA/IDNR recommendations
would result in some significant (but smaller) number of exceedances . IEPA has
testified that it believes only the IEPA/IDNR recommendations will succeed in
directing available resources at the exceedances most likely to represent a threat
to aquatic life.
There was some hope at the outset of this proceeding by those involved
that an analysis of newly available continuous monitoring data might provide
insight into how dissolved oxygen levels behave in the environment . It was
hoped this data would explain what conditions are expected to be found in
healthy streams . It became clear to IEPA early on that the patterns varied so
greatly between the limited numbers of sites for which data was available that it
was impossible to draw meaningful conclusions about the needs of Illinois fish
from available ambient water quality data
. It is for these reasons that IEPA and
IDNR did not use the available ambient dissolved oxygen data in developing its
recommendations to the Board .
14
VIII. Recommendations Made By Other Participants
Metropolitan Water Reclamation District of Greater Chicago ("MWRD")
presented testimony from Mr. Kollias and Mr
. Lanyon stating that the Board
should 1) include a waiver provision for urban impacted streams to study
technology for compliance and 2) investigate a separate wet weather standard
following storm water runoff . (R. of November 2006, P . 230). While IEPA
appreciates the suggestions from MWRD in this matter, the Agency does not
believe either of these exemptions are consistent with general use rulemaking .
Federal and State law have other mechanisms to address these issues such as
an adjusted standard or variance proceeding .
Finally, the Sierra Club recommends a higher dissolved oxygen level in
the months of December to March and suggested a minimum level of 6 .5
milligrams per liter . (R. of November 2006, P . 257). At no time during the
hearing did anyone suggest the current standard was inadequate to protect
aquatic life in Illinois, rather that it inadequately addresses the natural variability
of dissolved oxygen . The approach of using saturation to determine dissolved
oxygen criteria, as suggested by Dr . Murphy and relied upon by the Sierra Club
for their recommended level, is a methodology substantially different than that
used by IEPA and IDNR .
IEPA appreciates the recommendation by the Sierra Club, but the Agency
believes the IEPA and IDNR recommendations will protect aquatic life and
therefore is not convinced that such a revision is needed .
There is no
15
connection between this recommendation and the needs of the fish found in
Illinois streams .
Conclusion
There is no dispute between the various groups that participated in this
proceeding that the current dissolved oxygen standard needs to be revised .
The IEPA and IDNR recommendation are scientifically sound and defensible in
light of the current available information on the dissolved oxygen needs of
aquatic life in Illinois .
Finally, the IEPA appreciates the opportunity the Board has granted all
parties to present testimony for the Board's consideration .
Wherefore, for the reasons stated above, IEPA respectfully requests the
Board take further action in this proceeding consistent with the IEPA's comments
and adopt its recommended language in the Board's First Notice Opinion and
Order.
Respectfully submitted,
ILLINO S ENVIRONMENTAL
December 20, 2006
1021 North Grand Avenue East
P.O
. Box 19276
Springfield, Illinois 62794-9276
PROT CT
N AGENC
16
nie N . Diers
tant Counsel
ion of Legal Counsel
COUNTY OF SANGAMON
~-~
RECEIVED
NA
L
CLERK'S
OFFICE
DEC
2 2 2006
STATE OF ILLINOIS
)
SS.
STATE OF ILLINOIS
Pollution Control Board
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached
Pre-First Notice
Comments
upon the person to whom it is directed, by placing it in an envelope addressed
to:
TO: Dorothy Gunn, Clerk
Richard McGill, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R. Thompson Center
James R. Thompson Center
100 W
. Randolph Street 11-500
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois 60601
SEE ATTACHED SERVICE LIST
and mailing it First Class Mail from Springfield, Illinois on December 20, 2006, with
sufficient postage affixed
.
kplt&tlyZ
Oil
T1J7
SUBSCRIBED AND SWORN TO BEFORE ME
this 20th day of December, 2006
Notary Public
OFFICIAL SEAL
BRENDA BOEIINER
?
P
.
NO1MY RELIC. STATE OF IWNOIS
14 MMo
Io IXa eoo32009t
THIS FILING IS SUBMITTED ON RECYCELD PAPER
mental Protection Agency
eborah J
. Willi
Stefanie N . Diers, Assistant Counsel
1021 North
East
L 62794-
P.O ox 19276
9276
Office_ of the Attorney General
188 West Randolph, 20th
Chicago
312/814-0660
Interested Party
Floor
IL 60601
Matthew J . Dunn
312/814-2347
Illino
Re
. . .
17/78
807
http ://www.ipcb .state .il.us/cool/extemal/casenotifyNew .asp?caseid=6385¬ifytype=Se . . . 1 2/19/2006
Interested
Gardner Carton
Party
& Douglas
Suite
191 N .
3700Wacker
Drive
1698ChicagoIL
60606-
312/569/1000312/569-3000
Roy M . Harsch
Brown,
jHay_
& Stephens LLP
700 First Mercantile Bank
Building
Springfield
IL 62705-
217/544-8491
Interested Party
205
Box
South
2459
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217/241-3111
Claire A . Manning
_HInterested
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Roland
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Avenue5776
5776IL
Springfield62705-
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217/523-4948217/523-4900
Katherine D . Hodge
CityInterested
of GenevaParty
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Geneva220360134-
630/232-7494630/232-1494
John Donahue
Illinois Environmental Regulatory Group
Springfield
217/523-4942
Interested Party
3150 Roland Avenue
IL 62703
217/523-4948
N . LaDonna Driver
Metropolitan Water Recla mation District
6001 W . Pershing Rd .
Cicero
Interested Party
IL
411260650-
Bernard Sawyer
Chemical Industry Council of Illinois
2250 E . Devon Avenue
DesPlaines
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Suite 239
IL
450960018-
Lisa Frede
Thorn
.-Creek Basin Sanitary District
Chicago
708/754-0525
Interested Party
700 West End Avenue
HeightsIL
60411
708/754-3940
James L . Daugherty, District Manger
American Water Company
St. Louis
314/996-2348
Interested Party
727 Craig Road
MO 63141 314/997-2451
Tracy Elzemeyer, General Counsel
Hedinger
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Margaret P . Howard
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Metropolitan Water Reclamation District
100 East Erie Street
Chicago
312/751-6583
Interested Party
IL 60611
312/751-6598
Michael G . Rosenberg, Esq .
Louis Kollias, Acting Director of Research & Development
http ://www.ipcb .state .il .us/cool/external/casenotifyNew
.asp?caseid=6385¬ifytype=Se .. . 12/19/2006
Printing Service List . . ..
Vermilion Coal Company
Interested
Party
1979 Johns Drive
Frederick D . Keady, P .E., President
Fred L . Hubbard
16 West Madison
Glenview
IL 60025
Danville
IL 61834
Kansas City
MO 64112
Chicago
IL 60601
Joliet
IL 60431
Bloomington
Page 2 of 3
847/832-9007
847/832-9010
217/446-0144
217/477-0573
816/983-8000
816/983-9151
312/814-3620
312/814-3669
815-724-4230
Interested Party
P.O. Box 12
Blackwell Sanders Peper Martin LLP
4801 Main Street
Interested Party
Suite 1000
W .C . Blanton
Illinois_Pollution Control Board
100 W . Randolph St .
Interested Party
Suite 11-500
Dorothy M
. Gunn, Clerk of the Board
Richard McGill, Hearing Officer
City of Joliet, Department of Public Works
and Utilities
921 E . Washington Street
Interested Party
Dennis L
. Duffield, Director of Public Works and Utilities
Bloomington Normal Water Reclamation
District
PO Box 3307
IL 61702-
Interested Party
3307
Downers Grove Sanitary District
Interested Party
2710 Curtiss Street
Downers
Grove
IL 60515
Larry Cox
Fox Metro Water Reclamation District
682 State Route 31
Oswego
Interested Party
IL 60543
Tom Muth
Interested
Illinois Department
Party
of NaturalResources_
One Natural Resources Way IL
Springfield127162702-
217/782-1809217/524-9640
Stanley Yonkauski
William Richardson, Chief Legal Counsel
Interested
Barnes & ThornburgParty
1 N . Wacker, Suite 4400
IL
Chicago60606
312/357-1313
Erika K . Powers
Interested
Environmental
PartyLaw
& PolicyCenter
Suite
35 E .
1300Wacker
ChicagoIL
60601
312 795 3707
Albert Ettinger, Senior Staff Attorney
Interested
Friends of the_Chicago
Party
River
407
15805
. Dearborn, Suite
IL
Chicago60605
312/939-0490
Todd Main, Director of Policy and Planning
Evanston Environment Board
Evanston
Interested Party
223 Grey Avenue
IL 60202
Vicky McKinley
Interested
Office of Lt.
PartyGovernor
Pat_.
. uinn
Room 214 State House
SpringfieldIL
62706
217-782-7884
Marc Miller, Senior Policy Advisor
Michael J . Fischer, Policy Advisor
Interested
Ecological
PartyMonitoring
and Assessment
3206 Maple Leaf Drive
IL
Glenview60025
847-564-9905
Irwin Polls
Printing Service List . . ..
Page 3 of 3
Dr . Thomas J
. Murphy
Interested Party
2325 N . Clifton Street
ChicagoIL
60614
Total number of participants : 35
http ://www
.ipcb.state .il.us/cool/extemal/casenotifyNew .asp?caseid=6385¬ifytype=Se
. . . 12/19/2006
