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page 7

)

REVISIONS TO WATER QUALITY

)

STANDARDS FOR TOTAL DISSOLVED

)

SOLIDS IN THE LOWER DES PLAINES RIVER FOR)

EXXONMOBIL OIL CORPORATION :

)

PROPOSED 35 III . Adm . Code 303 

.445

)

IN THE MATTER OF :

Dorothy M . Gunn, Clerk

Anand Rao

Illinois Pollution Control Board

James R . Thompson Center

100 West Randolph Street, Suite . 11-500

Chicago, Illinois 60601

William Richardson, Chief Legal Counsel

Illinois Department of Natural Resources

One Natural Resource Way

Springfield, IL 62702

Matthew J . Dunn

Division Chief, Environmental Enforcement

Illinois Attorney General

100 1V . Randolph Street, 12' h Floor

Chicago, IL 60601

PLEASE TAKE NOTICE 

that I have today filed with the Office of the Clerk of the

Pollution Control Board the attached AGENCY POST-HEARING COMMENTS on behalf of

the Illinois Environmental Protection Agency, a copy of which is herewith served upon you 

.

ENVIRONMENTAL PROTECTION AGENCY

OF THE STATE OF ILLINOIS

By:

Thomas 

~

Andryk

7

Assistant Counsel

Division of Legal Counsel

RECEIVED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

JUL 0 5 2006

Pollution 

STATE OF 

Control 

ILLINOISBoard

DATED

: July 5, 2006

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Post Office Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

NOTICE OF FILING

Jeffrey C . Fort

Letissa Carver Reid

Elizabeth A. Leifel

Sonnenschein, Nath and Rosenthal LLP

7800 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606-6404

Susan M . Franzetti

Franzetti Law Firm, P .C .

10 S 

. LaSalle Street, Suite 3600

Chicago, IL 60603

R06 - 24

(Site Specific Rule 

-

Water)

Dennis L . Duffield

Director of Public Works and Utilities

City of Joliet

Department of Public Works and Utilities

921 E . Washington Street

Joliet, Illinois 60603

THIS FILING IS SUBMITTED ON RECYCLED PAPER

IN THE MATTER OF :

)

REVISIONS TO WATER QUALITY    

)

STANDARDS FOR TOTAL DISSOLVED  

)

SOLIDS IN 

THE LOWER DES PLAINES RIVER )

FOR EXXONMOBIL OIL CORPORATION :                 )

PROPOSED 35 Ill . Adm

. Code 303 .445

)

ILLINOIS POLLUTION CONTROL BOARD

THIS FILING IS SUBMITTED ON RECYCLED PAPER

R06 - 24

(Site Specific Rule - Water)

RECEIVEDCLERK'S 

OFFICE

JUL 0 5 2006

PollutionSTATE 

OF

Control 

ILLINOISBoard

Agency Post-hearing Comments

The undersigned, as one of its attorneys, hereby provides the following Agency Post-hearing

comments, stating on behalf of Respondent, Illinois Environmental Protection Agency, as

follows:

I .

Responses to Board Questions

During the June 14, 2006 hearing on ExxonMobil's Petition for a site-specific rulemaking, the

Illinois Pollution Control Board asked the Agency for its comments on certain questions

concerning the relief sought by ExxonMobil's petition . For clarity, Illinois reproduces the Board

question as stated in the hearing transcript, with the Agency response provided immediately after

the Board question(s) :

Board Questions 

:

Could you comment on the implications of the change in the standards on the

CITGO variance? You're familiar with the CITGO variance, right? Because that includes a

number of conditions based on a TDS standard of 1,000 mg/L . . .I think with the CITGO

variance, there are a number of conditions in the variance that are tied to complying with the

1,000 mg/L standard at the 1-55 bridge .    . .And now we are going to change that standard . So we

are just interested to hear from the Agency or you as to the implications from that change on the

CITGO variance .    . .Are we going to have to revise the CITGO variance at all? (hearing

transcript at pp . 61-63)

Agency Response :    See the hearing transcript at pages 62 through 65 

. CITGO and PDVMR

received a Variance for TDS (PCB 05-85) until December 15, 2009 in order to study the needed

storage capacity to insure that water quality standards are met in the receiving stream in the

Secondary Contact Waters as well 

as the General Use waters downstream of their discharge 

.

If the IPCB grants the ExxonMobil site-specific rulemaking as currently proposed, a portion of

the CITGO and PDVMR variance, specifically, the Des Plaines River downstream of the

ExxonMobil discharge, will become unnecessary, as will some of the conditions of the CITGO

and PDVMR variance 

. However, since CITGO will still need the variance for the portion of the

0

Des Plaines River upstream of the Des Plaines River set Dent involved in the Exxon?vfobil

site-

specific 

ndemaking, the conditions of the Board Order will need to be met until such tine that

CITGO petitions the Board to change the variance and eliminate the conditions that are no longer

necessary 

. In conclusion, CITGO will still need the variance 

. However, conditions 3, 5, 6, 7,

and 10 of that variance will no longer be pertinent.

Board Questions: 

Could you clarify whether the proposed change in water quality standard for

TDS would be generally applicable to identify threats of the Des Plaines River and not limited as

it relates only to TDS discharges [sic] from the ExxonMobil Joliet refinery if the Board adopts

the change in water quality standards? . .So, in effect, any discharger of the River, it will be

subject to the proposed water quality standard? 

. .So if there's any other discharger existing or

someone new comes in, they have to show, you know, just like Exxon has submitted its report

here, that they would comply with 1,000 mg/L downstream at [sic] the confluence of the

Kankakee and the Des Plaines River? 

. . .all through this there's the intimation that the Agency

may soon propose the elimination of TDS water quality standards altogether 

. And I was

wondering, from your perspective, whether or not you would want to include some language in

this rule that would take that potentiality, or that potential elimination, into effect 

. (hearing

transcript at pp . 59-60, 65)

Agency Response :       

See the hearing transcript at pages 59 through 60 and 66 through 70 

. The

Agency anticipates a rulemaking proposal to modify the General Use Standard for TDS 

. In its

rulemaking proposal, the Agency will attempt to identify and update any affected site-specific

criteria modifications contained in Subpart C of 35 111 . Adm 

. Code Section 303. Before that

time, any proposed future discharger will have to meet the applicable numeric standard at their

given location

. However, once a given water quality standard has been justified as sufficiently

protective, it does not matter what the source of the TDS is 

.

Board Question :    

IDNR made a finding of no threatened and endangered species or natural areas

affected by the proposed water quality standard 

. Could you please identify whether IDNR made

any written finding on species in natural areas? (hearing transcript at p . 58)

Agency Response :   

Attached is the IDNR consultation regarding threatened and endangered

species that IDNR terminated on December 19, 2005 . According to IDNR, endangered and

threatened species are not present in the vicinity of the action (see the enclosed IDNR form,

executed by IDNR on December 19, 2005) 

. Illinois EPA notes that the Petitioner has

demonstrated that TDS is not toxic to aquatic life likely to occur in streams similar to the Des

Plaines River that receives the ExxonMobil effluent 

. Toxicity test results on TDS indicate that

even the most sensitive species tested show no adverse effect at the levels likely to be found in

the receiving waters involved in the requested relief.

THIS FILING IS SUBMITTED ON RECYCLED PAPER

C

11 .

Additional Agency Comments

In Petitioners exhibit #6, James Huff perfonned calculations to determine that 1,686 mgIL was

the necessary relief based on both ExxonMobil and CITGO discharging to the receiving stream 

.

In addition, exhibit #6C demonstrates that the General Use water quality standard of 1,000 mg/L

would be met downstream of the confluence of the Des Plaines River and the Kankakee River,

which forms the Illinois River

. The Agency has reviewed these calculations and performed its

own calculations and agrees with these conclusions . However, it should be noted that during the

worst case scenario, when the receiving stream that CITGO discharges to (Chicago Sanitary and

Ship Canal) exceeds the secondary contact water quality standard, CITGO cannot rely upon

dilution and mixing, they must meet the standard at the point of discharge or cease discharge

until such time as dilution is available . Therefore, CITGO will not be discharging effluent with a

concentration above 1,500 mg/L during the worst-case condition . In such circumstances,

C1TGO will have to store the FCCU wet gas scrubber bleed until such time that the receiving

stream meets the secondary contact standard .

USEPA has the obligation to either approve or disapprove of any proposed water quality

standards change. The Agency has been in contact with USEPA and USEPA has provided a

letter dated April 24, 2006 stating that "USEPA has reviewed the information provided by

Illinois EPA describing the technical basis for the proposed site-specific standard and determined

that a site-specific standard derived consistent with the calculations provided in the email

(enclosed) would be consistent with the requirements of Section 303(c) of the CWA and Federal

regulations at 40 CFR 131 

.11 if it were to be adopted by the IPCB and submitted to USEPA

consistent with Federal regulations at 40 CFR 131 .6." Our discussion with USEPA found that

they believe that a site-specific standards change is the appropriate relief in order to receive

Federal approval .

This site-specific rulemaking will not result in aquatic toxicity, there are no economically or

technically feasible alternatives, and is approvable by USEPA 

. The Agency recommends that

the IPCB support the Petitioner's request for a site-specific rulemaking for relief from the water

quality standards for TDS at 35 IAC 302 .208(g) and 302 .407 as written in the petition 

.

DATED : July 5, 2006

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Post Office Box 19276

Springfield, Illinois 62794-9276

(217)782-5544

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

By:

Thomas 

~4&e

Andryk

s a	,f	

Assistant Counsel

Division of Legal Counsel

THIS FILING IS SUBMITTED ON

RECYCLED PAPER

N0V-17-2005 13 13     

1 EPA BOW

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Ono

Illinois 

N,attLalrai 

JignrNOIJyal 

.reteRa,cutcoR 

'I '.e

Department 

Fze,oturces

WOY' SCr~"9nda, 

of

ldinda ?.2702-I 7+

Date Submitted :      11lILr/d .f

If this is a resubmittal, include previous

TDNR response if available 

.

217 705 1225

P,

a3

.lcZ,~

i elyr 

,,,c-ryf~~lrgti->.~

ILLINOIS ENVIRONMENTAL

CONSULTATION AGENCY ACTION REPORT

PROTECTION AGENCY

(Illinois Administrative Code Title 17 Part 1075)

~GVJ'strC/PERMIT S=C

I iON

Division of Resource Review and Coordination

Todd Rettig, Division Manager

FOR DEPARTMENT USE ONLY

PROJCODE :   'te

- u

'6`I   DUE DATE :         

17~ I ilc,a

Applicant.	

IEPA/BOW

Contact Person 

:	Scott TWai t

Applicant Address :     1021 N .  Grand Ave ., East

Sprinqfield, 

IL 62702

Phone ;	

558-2012

Fax ;	785-1225

E nsail 

.Scott . Twait@epa .state .

il .u s

Will state funds ortechnical assistance support ibis acnon7 [Yes INo 

] If Yes, the Interagency Wetland Policy Act may apply 

.

Contact funding agency or this Division for details 

.

FOR DEPARTMENT USE ONLY

Are endangered/threatened species or Natural Areas present in the vicinity of the action?

Could the proposed action adversely affect the endangered/threatened species or Natural Area?

Is consultation terminated?

Evaluated 

Commentsby

:

: .

Division of Resource Review 

4

& Coordination 

A

(217)785 .5500

/

?,- / 

9- O

Date

Visit our website at http

:i/dnrstate 

.iLus/orep/NRRC

Printed on recycled and recyclable saner

Local/State Agency With Project 

Jurisdiction ;

I EPA/ BOW

Contact, See above info 

.

Phone:

Address:                                                                                

Fax ;

LOCATION OF PROPOSED ACTION

&MAP SHOWING LOCATION OF PROPOSED ACTION IS REOIJIRFD

Project Name ; E,tvnn 

.M b'.I

p~vsr~d 

Sri,   

County:  

GJNI

Project Address (if availablc)-

C ;ry,Statc,Zip :  so1 :cr

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Township/Range/Section (c .g . T4SN,R9E,S2) :_7J''/1V 

t

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5 I S

Srief Description of Proposed Action 

:

Sec

AFT'--Wt s4

- r

r

Projected 5tan Date and End Date of Proposed Action : _

STATE OF ILLINOIS

COUNTY OF SANGAMON

PROOF OF SERVICE

1, the undersigned, on oath state that I have served the attached AGENCY POST-HEARING

COMMENTS upon the person to whom it is directed, by placing a copy in an envelope, with proper

first

class postage pre-paid, addressed to the following

Dorothy M . Gunn, Clerk

Anand Rao

Illinois Pollution Control Board

James R

. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

William Richardson, Chief Legal Counsel

Illinois Department of Natural Resources

One Natural Resource Way

Springfield, IL 62702

Matthew J . Dunn

Division Chief, Environmental Enforcement

Illinois Attorney General

100 W . Randolph Street, 12' i'

Floor

Chicago, IL 60601

SUBSC,, R.yIB D AND S OFN TO BEFORE ME

Sonnenschein, Nath and Rosenthal LLP

7800 Sears Tower

233 South Wacker Drive

Chicago, Illinois 60606-6404

Dennis L . Duffield

Director of Public Works and Utilities

City of Joliet

Department of Public Works and Utilities

921 E. Washington Street

Joliet, Illinois 60603

Susan M. Franzetti

Franzetti Law Firm, P .C.

10 S . LaSalle Street, Suite 3600

Chica go, IL 60603

and mailing it from Springfield, Illinois on July 5, 2006 with sufficient postage affixed as indicated

above,

and, in addition, via facsimile to the Pollution Control Board (only) at facsimile number

444944444444844-0444444

THIS FILING IS SUBMITTED ON RECYCLED PAPER

TOTAL P . 02

FIRM COMPANY NAME 

:

FACSIMILENO :	

_3Lp 9

TELEPHONE NO'

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

DIVISION OF LEGAL COUNSEL

1021 NORTH GRAND AVENUE EAST, POST OFFICE BOX 19276RECEIVEDCLERK'S 

OFFICE

SPRINGFIELD, ILLINOIS 62794-9276

TELEPHONP (217) 782-5544 F CSIMILE (217) 782-9807

JUL 0 5 2006

Pollution 

STATE OFControl 

ILLINOISBoard

DATE :-

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