E EIVEL)
RE~~l~ED

BEFORE THE ILLINOIS

POLLUTION CONTROL BOA%

E EIVEL)

IN THE MATTER OF:

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CLE

OFFICE

PROPOSED AMENDMENTS TO

R04-25

SEP

9 2W7 

DISSOLVED OXYGEN STANDARD

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35

111. Adm. Code 302.206

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lllinois Environmental Protection Agency's First Notice Comments bC$((

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Now comes the Illinois Environmental Protection Agency ("lllinois EPA"),

by and through one

its

attorneys, Stefanie N. Diers, and hereby respectfully

submits to the Illinois Pollution Control Board ("the Board") its First Notice

Comments

in the above-captioned regulatory proceeding. In support thereof,

lllinois EPA states as follows:

Introduction

In April 2004, the lllinois Association of Wastewater Agencies ("IAWA)

filed its proposal to amend the dissolved oxygen standard for lllinois waters

designated for General Use. In response to IAWA's proposal, the Illinois

Department of Natural Resources ("IDNR) and lllinois

EPA recommended

alternative revisions to the dissolved oxygen standard and filed their

recommendations with the Board

in April 2006.

On July 12, 2007 the Board issued a First Notice Opinion and Order that

contained language identical to the IDNRJIEPA proposal with the addition of

numbers

5-7 in paragraph (d) of Section 302.206. lllinois EPA appreciates the

opportunity to comment on the Board's First Notice Opinion.

Discussion

Proposed language for assessing attainment of dissolved oxygen

standards.

Illinois EPA recommends the following changes to 302.206(d)

(d)

Assessing attainment of dissolved oxygen mean and minimum values.

(1)

Daily mean is the arithmetic mean of dissolved oxygen

concentrations in 24 consecutive hours.

(2)

Daily minimum

is the minimum dissolved oxygen concentration in

24 consecutive hours.

(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

to determine

concentrations

a daily mean

wks

used

daily minimum should

not exceed the air-equilibrated concentration.

(5)

"aily minimum averaged over 7 days" means is the arithmetic

mean of daily minimum dissolved oxygen concentrations in seven

consecutive 24-hours periods.

(6)

:Daily mean averaged over 7 days1' means is the arithmetic mean

of daily mean dissolved oxygen concentrations in seven

consecutive 24-hour ~eriods.

(7)

:Daily mean averaged over 30 days: means is the arithmetic mean

of daily mean dissolved oxygen concentrations in 30 consecutive

24-hour periods.

Illinois EPA now recognizes that restricting the determination of daily means and

daily minima to a "calendar day" can result in unusable dissolved oxygen

measurements that are otherwise valid and meaningful; therefore, our

recommended revised language removes this unintentional restriction. Because

it is reasonable and valid to determine a daily minimum and a daily mean based

on any period of

24 consecutive hours, regardless of the period's specific start

and end times, we suggest eliminating the "calendar day" restriction. For

determining a daily mean or daily minimum, this restriction unintentionally

prevents using the results of any dissolved oxygen monitoring period that did not

begin and end specifically at midnight. For example, if hourly monitoring of

dissolved oxygen began on Monday at

9:00 

AM for seven "calendar days", none

of the hourly measurements from Monday

900

AM to the same Monday at

midnight (15-hour period) could

be used to determine a daily mean or daily

minimum. Similarly, assuming the monitoring ended eight days later on Tuesday

9:00 

AM, none of the-hourly measurements from the immediately preceding

period of Monday at midnight to Tuesday at

9:00 

AM (9-hour period) could be

used.

11.

Can stream segments selected for enhanced dissolved oxygen

protection also

be identified by "river mile"?

Illinois

EPA

recognizes that "river mile" is used commonly to identify

particular point locations along large, navigable lllinois rivers. However, lllinois

EPA does not recommend using "river mile" to identify particular stream

segments in these dissolved oxygen regulations for the following reasons. First,

lllinois

EPA is unaware of readily available and reliable stream mileages for the

large majority of Illinois streams. Second, lllinois

EPA believes that identifying

stream-segment endpoints by "river mile" is more prone to error than

identifying segment endpoints by standardized map coordinates, i.e., latitude and

longitude. Identifying points

by "river mile" requires measuring entire lengths of

streams; the magnitude of potential error in such measurements depends directly

on the resolution of the maps being used. In contrast, identifying points by

standardized map coordinates does not require extensive linear measurements

directly from a map of a specified resolution.

Ill.

Whether other states with conditions similar to Illinois have adopted

numeric dissolved oxygen standards whose applicability is based on

water temperature.

Illinois EPA is not aware of any USEPA Region Five state that has

such standards.

IV.

Conclusion

Illinois EPA appreciates the resources the Board has dedicated to this

regulatory proceeding and the opportunity granted to all parties to participate and

present documents

and testimony for the Board's consideration. Furthermore,

the Illinois EPA appreciates the Board's effort to sort out a lengthy and complex

administrative record and to fill in scientific gaps with

the most appropriate

standard possible with the available information.

WHEREFORE, for the reasons stated above, Illinois EPA respectfully

requests the Board take further action in this proceeding consistent with the

Illinois EPA's First Notice Comments.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

September 17,2007

1021

North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

BEFORE THE ILLINOIS POLLUTION CONTROI, BOARD

RE~~l~ED

IN

THE MATTER OF:

cLEm~

OFFICE

PROPOSED AMENDMENTS TO

)

R04-25 

DISSOLVED OXYGEN STANDARD

SEp 1

9

2007

35

IILL. ADM. CODE 302.206

sm~

lul~oj~

Pol~~ion

Contra

NOTICE

TO:

Clerk

Richard McGill, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

James

R. Thompson Center

100

W. Randolph Street 1 1-500

100

W. Randolph Street, Suite 1 1-500

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 First Notice

Comments on behalf of the Illinois Environmental Protection Agency, a copy of which is

herewith served upon you.

Date: September 17,2007

ILLINOIS I$NVIRONMENTAL PROTECTION

1021 North Grand Avenue East

Springfield, Illinois 62794-9276

(21 7)

782-5544

THIS FILING IS SUBMITTED ON RECYCLED PAPER

STAT.E

OF ILLINOIS

)

ss.

COUNTY OF SANGAMON

PROOF OF SERVICE

I, the undersigned, on oath state that I have served the attached Illinois EPA's

First Notice Comments upon the person to whom

it is directed, by placing it in an

envelope addressed to:

TO:

Clerk

Richard McGill, Hearing Officer

Illinois Pollution Control Board

James

R. Thompson Center

James

R. Thompson Center

I00

W. Randolph Street 1 1-500

100 W. Randolph Street, Suite 1 1-500

Chicago, Illinois 60601

SEE ATTACHED SERVICE LIST

and

mailing it First Class Mail from Springfield, Illinois on September 17,2007, with

sufficient postage affixed.

SUBSCRIBED AND SWORN TO BEFORE ME

this 17th day of September, 2007

~.:'.Z..:'.~*~+**~()~~~,~+<CC~..~.C~~~.:"~. 

Notary Public

;:.$!~~wL,&~&~v#$J:

NOTARY

BRENDA

OFnClAL

PUBUC, STATE

BOEHNER

SEAL

OF IUlNOlS

THIS FILING IS SUBMITTED ON RECYCELD PAPER

SERVICE LIST

Richard McGill, Hearing Officer

Illinois Pollution Control Board

I00 West Randolph, Suite 1 1-500

Chicago,

IL 60601

Metropolitan Water Reclamation District

Michael

G. Rosenberg

100 East Erie Street

Chicago, IL 6061 1

Office of the Attorney General

Matt Dunn

69 West Washington Street, Suite 1800

Chicago,

IL 60602

Drinker, Diddle, Gardner and Carton

Roy Harsch

191 Wacker Drive, Suite 3700

Chicago,

IL 60606-1 698

Brown, Hay, Stephens,

LLP

Claire Manning

700 First Mercantile Bank Building

205 South

Fifth, Street, P.O. Box 2459

Springfield, IL 62705-2459

Hodge, Dwyer and Zeman

Katherine Hodge

3150 Roland Avenue, P.O.

Box

5776

Springfield,

IL 62705-5776

City of Geneva

Interested Party

1800 South Street

Geneva,

IL 601 34-2203

Illinois Regulatory Group

N. Ladonna Driver

3 150 Roland Avenue

Springfield,

62703

Chemical Industry Council of Illinois

Interested Party

2250

E. Devon Avenue, Suite 239

Des Plaines, IL 600 18-4509

Thorn Creek Basin Sanitary District

Interested Party

700 West End Avenue

Chicago Heights, IL 6041

American Water Company

Interested Party

727 Craig Road

St. Louis,

MO 63 141

Hedinger Law Office

~nterested Party

2601 South

Fifth Street

Springfield,

IL 62703

Vermilion Coal Company

Interested Party

1979 Johns Drive

Glenview, IL 60025

Fred L. Hubbard

Interested Party

16 West Madison

P.O. Box 12

Danville, IL

1834

Blackwell Sanders, LLP

Interested Party

4801 Main Street

Suite 1000

Kansas City,

64 1

City of Joliet, Department of Public Works and Utilities

Interested Party

1 East Washington Street

Joliet,

IL 6043 1

Bloomington Normal Water Reclamation District

Interested Party

P.O. Box 3307

Bloomington, IL 61 702-3307

Downers Grove Sanitary District

Interested

Party

Curtiss Street

Downers Grove,

605

Fox Metro Water Reclamation District

Interested Party

682

State Route

Oswego, IL

60543

Illinois Department of Natural Resources

William Richardson, Chief legal Counsel

One Natural Way

Springfield,

IL 62702-

127

Barnes

Thornburg

Interested

Party

1 West Wacker, Suite

4400

Chicago, IL

60606

Environmental Law

Policy Center

Albert Ettinger

E. Wacker, Suite

1300

Chicago, IL

60601

Friends of the Chicago River

Interested Party

407

S. Dearborn, Suite 1580

Chicago, IL

60605

Evanston Environment Board

Interested Party

223

Grey Avenue

Evanston,

60202

Office of the Lt. Governor, Pat Quim

Marc Miller, Senior Policy Advisor

Room

14 State House

Springfield,

62706

Ecological Monitoring and Assessment

Interested Party

3206

Maple Leaf Drive

Glenview,

IL 60025

Dr. Thomas Murphy

2325

N.

Clifton Street

Cllicago, IL 606